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10-25-2005 (Construction Code) Bylaws CITY OF WYLIE CONSTRUCTION CODE BOARD BYLAWS ARTICLE I Name As authorized by the City Charter, City of Wylie and City Ordinance No. 84-11. This body shall be known as the Construction Code Board. ARTICLE II Meetings Section 1. Meetings may be called by the Staff Liaison, the Chair or at the call of any two members of the Board, provided that notice thereof be given to all Board members. Section 2. A majority of the members shall constitute a quorum at all meetings of the Board. Section 3. All questions presented for a vote of the Construction Code Board shall be decided by a simple majority of the quorum, including the vote of the Chair. Section 4. Any member of the Board who misses three consecutive meetings without good cause shall be deemed to have resigned, and the Board will recommend to City Council that a replacement be appointed for the balance of the unexpired term. Section 5. Robert's Rules of Order (current edition) shall govern the parliamentary procedure of the Board, in cases to which they are applicable and in which they are not inconsistent with these by-laws. ARTICLE III Officers Construction Code Bylaws Adopted 10/6/05 Council Approved 10/25/05 Page 1 of 3 Section 1. The officers of the Board shall be a Chairperson, a Vice-Chairperson and a Secretary (City Staff member will be serving as Secretary). Section 2. Officers shall be elected and take office at the first regular meeting after new Board members have been appointed and sworn in. Section 3. Vacancies in office shall be handled as follows: (a) In the event of resignation or incapacity of the Chair, the Vice-Chair shall become the Chair for the unexpired portion of the term. (b) Vacancies in officers other than the Chair shall be filled for the unexpired term by election from the remaining Construction Code Board Members. Section 4. Duties of the officers shall be as follows: (a) Chair: (i) Preside at all meetings (ii) Represent the Construction Code Board at public functions. (iii) Appoint special committees. (iv) Assist Building Inspection staff in establishing the agenda for each meeting. Agenda items requested by any Board Member will be included. (b) Vice-Chair: (i) Assist the Chair in directing the affairs of the Board and act in the Chair's absence. (c) Secretary: (i) The Staff Liaison will be responsible for recording and maintaining the minutes. This "Secretary position" will be occupied by a City Staff member and not be an official Board position. (ii) The Staff Liaison will be responsible for producing the agenda and distributing the agenda and minutes to the Construction Code Board and City Manager. An official record of attendance will be kept in the minutes. Construction Code Bylaws Adopted 10/6/05 Council Approved 10/25/05 Page 2 of 3 ARTICLE IV Committees Section 1. Committees may be appointed for special purposes by the Chair and with the consent of the majority of the Board. All committees will have at least one Construction Code Board member serving on them. These committees are automatically dissolved upon completion of assignment. Section 2. Progress reports will be given at each Board Meeting and a final report on completion of assignments. ARTICLE V Duties of Board Members Section 1. Board Members shall: (a) Be appointed by the City Council. (b) Abide by applicable ordinances of the City of Wylie. ARTICLE VI Amendments Section 1. These by-laws may be amended by a majority vote at any regular meeting, provided all members have been notified of the proposed amendments at least three days prior to such meeting. Such amendment would then be subject to approval by City Council. Construction Code Bylaws Adopted 10/6/05 Council Approved 10/25/05 Page 3 of 3 ORDINANCE NO. 84-11 AN ORDINANCE CREATING THE CONSTRUCTION CODE BOARD: SETTING FORTH THE POWERS AND DUTIES OF THE BOARD: PROVIDING FOR PUBLICATION: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, SECTION 1: This ordinance shall be known as "Construction Code Board Ordinance". SECTION 1-1: CONSTRUCTION CODE BOARD CREATED: There is hereby created the Construction Code Board (hereafter called Board) consisting of seven (7) persons who shall be appointed by the City Council. Said Board shall replace but retain the authorities granted the Board of Adjustments and appeals in the 1982 Uniform Building Code as adopted. Save and except Section 111 of said Building Code. SECTION 1-2: QUALIFICATIONS: Persons who serve on the Board as members shall be qualified as follows: (a.) One designated member who shall be taxpaying resident elector of the City. (b.) Two designated members shall be taxpaying resident building contractors, (c.) Two designated members shall be taxpaying resident Plumbers (d.) Two designated members shall be taxpaying resident electricians (one Masters & one Journeyman). N (e.) One designated staff member to act as secretary of the board. (f.) Staff representative will be the City Building Official (g.) In the event that volunteer members in the (b), (c), or (d) categories are not available one of the two designated tradesmen may be replaced with a member in the (a) category. SECTION 1-3: TENURE OF OFFICE: Three (3) members of the Board shall be appointed for the balance of the calendar year. Four (4) members of the Board shall be appointed for the balance of the calendar year following the date of adoption of this ordinance plus one full year. After the expiration of the terms of the first appointees members shall continue until their successor is appointed. Any member of the Board may be removed by the City Council for cause. Vacancies within the Board shall be filled by appointment for the unexpired term. ordinance NO. 84-II Cont. r a_ SECTION 1-4: REGULAR AND CALLED MEETINGS: The Board shall hold such regular, special or called meetings as are necessary for its proper performance of duty. SECTION 1-5: POWERS AND DUTIES: The Board shall at its first meeting in each calendar year select a Chairman and a Vice-Chairman and prescribe a procedure and order of business for hearing applications for licenses and for hearing matters brought to it by the Building Official for recommendation to the City Council or on appeal and aggrievement appeals as provided herein, and for general business sessions. (a) It shall be the duty of said Board to pass upon the quali- fications of all applicants for licenses. Any person who shall make application for an Electrical License may obtain proper forms from the Building Division. Upon receipt by the Building Official or his authorized representative of an application accompained by proper fee, an examination shall be scheduled for some date within seven (7) days from the date of the application. (b) For examination, the Board shall prepare at least three (3) sets of examinations for each class of license of electricians required, to be examined under this ordinance. The sets of examinations may be changed by the Board at any time when no applications for examinations are pending. When an application for examination has been filed, a set of examination questions for the proper class of license shall be selected at random from the several sets of examination questions and submitted to the applicant for the examination. SECTION 1-6: QUORUM: Four (4) members of the Board present at any meeting shall constitute a quorum for the transaction of business and the concurring vote of not less than four (4) members of the Board shall be necessary to constitute an official action of the Board. SECTION 1-7: RECORDS: The Board shall keep a Minute Book in which shall be recorded all transactions and business of the Board. The Board shall keep a record of the name and place of business of all persons to whom licenses have been issued; provided that said Board shall not be responsible for the record of any person whose license has not been re- newed or has lapsed for a period in excess of 24 months. SECTION 2: PUBLICATION: Publication shall be made one time in the official publication of the City of Wylie, which publication shall contain the caption stating in substance the purpose of the ordinance. SECTION 3; All ordinances and parts of ordinances inconsistant with or in conflict with the provisions of this ordinance shall be, and the same are Ordinance No. 84-11 Con't • hereby, expressly repealed. SECTION 4: If any section, sub-section, paragraph, sentence, phrase, or clause of this ordinance shall be declared invalid for any reason what- soever, such decision shall not affect the remaining portions of this ordinance which shall remain in full force and effect; and to this end the provisions of this ordinance are hereby declared severable. IT IS ACCORDINGLY SO ORDAINED, this the 13th day of March , 1984. CITY OF WYL obq t 8 quires, Mayor ATTEST: Cis/ t f' n Carol Jone City Secretary Page 96 of 525 Chapter 22 BUILDINGS AND BUILDING REGULATIONS* *Charter reference--Housing standards, housing authority,urban renewal, art.XI, § 20. State law references--Trench excavation safety, V.T.C.A., Health and Safety Code § 756.021 et seq.; fire escapes,V.T.C.A.,Health and Safety Code § 791.001 et seq.;Manufactured Housing Standards Act,Vemen4 Ann. Civ. St. art. 5221f V.T.C.A., Occupations Code § 1201.001 et seq_; industrialized housing and buildings; Vernon's Ann. Civ. St. art. 5221f 1 V.T.C.A., Occupations Code § 1202.001 et seq.; Plumbing License Law, Vemon's Ann. Civ. St. art. 6243 101 V.T.C.A., Occupations Code § 1301.001 et seq.; Residential Service Company Act, Vernon's Ann. Civ. St. art. 6573b V.T.C.A., Occupations Code § 1301.001 et seq.; establishment of building lines,V.T.C.A., Local Government Code § 213.001 et seq.; municipal regulation of structures,V.T.C.A., Local Government Code § 214.001 et seq. ARTICLE I. IN GENERAL Sec. 22-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Board means the construction code board. (Code 1991,ch. 3, § 16.01; Code 1997, § 22-1) Sec. 22-2. Construction site requirements to be met prior to permit issuance. (a) No building or construction permit shall be issued unless the applicant shall furnish proof. to the satisfaction of the building official, or his representative, that the site at which the construction will take place has met both the following requirements: (1) Temporary toilet facilities have been placed at the site, or at a neighboring site within 150 feet of such site and accessible by workers on the subject site: and (2) The public potable water supply to the premises shall be connected by the public entity responsible therefor. (b) If either of the requirements of subsection (a) of this section shall become nonexistent following issuance of a permit, carrying on of any further construction at such site thereafter shall be deemed a violation of this Code and subject the person carrying on such activities to a fine under the provisions of section 1-9. (Ord. No. 93-47, § I, 10-12-1993; Code 1997, § 22-2) Secs. 22-3--22-20. Reserved. ARTICLE II. CONSTRUCTION CODE BOARD Sec. 22-21. Created. There is hereby created the construction code board (hereafter called board) consisting of seven persons who shall be appointed by the city council. Said board shall replace but retain the authorities granted the board of appeals as provided by the 1997 Uniform Building Code, 2000 Uniform Mechanical Code and the 1997 Uniform Code for the Abatement of Dangerous Buildings as adopted as well as the authority granted the building conservation advisory and appeals board provided by the 1997 Uniform Code for Building Conservation as adopted as well as the authority • • Page 97 of 525 .granted the Housing Advisory and Appeals Board provided by the 1997 Uniform Housing Code as adopted. (Ord. No. 84-11, § 1-1, 3-13-1984; Code 1991, ch. 3, § 16.01; Code 1997, § 22-36; Ord. No. 2001-04, § 3, 3- 13-2001; Ord. No. 2001-07, § 5, 3-13-2001; Ord. No. 2001-08, §3,3-13-2001; Ord.No. 2001-09, § 3, 3-13-2001; Ord. No. 2001-10, § 3, 3-13-2001) Sec. 22-22. Qualifications of members. Persons who serve on the board as members shall be qualified as follows: (1) One designated member shall be a taxpaying resident elector of the city. (2) Two designated members shall be taxpaying resident building contractors. (3) Two designated members shall be taxpaying resident plumbers. (4) Two designated members shall be taxpaying resident electricians (one master and one journeyman). (5) One designated staff member shall act as secretary of the board. (6) The city building official shall be an ex officio member of the board. (7) If volunteer members in the subsection (2), (3) or (4) categories of this section are not available, one of the two designated tradesmen may be replaced with a member in the subsection (1) category of this section. (Ord. No. 84-11, § 1-2, 3-13-1984; Code 1991, ch. 3, § 16.02; Code 1997, § 22-37) Sec. 22-23. Tenure of office. The members of the board shall serve for two-year staggered terms. After the expiration of the terms of the appointees, members shall continue until their successor is appointed. Any member of the board may be removed by the city council for cause. Vacancies within the board shall be filled by appointment for the unexpired term. (Ord. No. 84-11, § 1-3, 3-13-1984; Code 1991,ch. 3, § 16.03; Code 1997, § 22-38) Sec. 22-24. Regular and called meetings. The board shall hold such regular, special or called meetings as are necessary for its proper performance of duty. (Ord. No. 84-11, § 1-4, 3-13-1984; Code 1991, ch. 3, § 16.04;Code 1997, § 22-39) Sec. 22-25. Powers and duties.'° The board shall at its first meeting in each calendar year select a chairman and a vice- chairman and prescribe a procedure and order of business for hearing applications for licenses and for hearing matters brought to it by the building official for recommendation to the city council or on appeal and aggrievement appeals as provided in this chapter, and for general business sessions. (1) It shall be the duty of the board to pass upon the qualifications of all applicants for electrical licenses. Any person who shall make application for an electrical license may obtain proper forms from the building division. Upon receipt by the building official or his authorized representative of an application accompanied by proper fee, an examination shall be scheduled for some date within seven days from the date of receipt of the application. 1° (ANALYSIS I In light of licensing and examination of electricians by the state department of licensing and regulation, effective Sept. 1, 2004, this function of the board will become obsolete in September. AGREED) Page 98 of 525 . (2) For examination, the board shall prepare at least three sets of examinations for each class of license of electricians required to be examined under this section. The sets of examinations may be changed by the board at any time when no applications for examinations are pending. When an application for examination has been filed, a set of examination questions for the proper class of license shall be selected at random from the several sets of examination questions and submitted to the applicant for the examination. (3) Subsections (1) and (2) are repealed, no longer of legal validity, as of September 1, 2004. (Ord. No. 84-11, § 1-5, 3-13-1984; Code 1991,ch. 3, § 16.05;Code 1997, § 22-40) Sec. 22-26. Quorum. Four members of the board present at any meeting shall constitute a quorum for the transaction of business, and the concurring vote of not less than four members of the board shall be necessary to constitute an official action of the board. (Ord. No. 84-11, § 1-6, 3-13-1984;Code 1991,ch. 3, § 16.06; Code 1997, § 22-41) Sec. 22-27. Records. The board shall keep a minute book in which shall be recorded all transactions and business of the board. The board shall keep a record of the name and place of business of all persons to whom licenses have been issued; provided, however, that the board shall not be responsible for the record of any person whose license has not been renewed or has lapsed for a period in excess of 24 months. (Ord. No. 84-11, § 1-7, 3-13-1984; Code 1991,ch. 3, § 16.07; Code 1997, § 22-42) Secs. 22-28--22-40. Reserved. ARTICLE III. BUILDING CODE Sec. 22-41. Uniform Building Code adopted. The Uniform Building Code, Volumes 1, 2 and 3, 1997 edition, copyrighted by the International Conference of Building Officials, including Appendix Chapters 4, 11, 15 and 34, and excluding Appendix Chapters 3, 9, 10, 12, 13, 16, 18, 21, 23, 29, 30, 31 and 33, save and except the deletions and amendments as set forth below, is hereby adopted as the building code for the city, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance, of all buildings or structures in the city, including the issuance of permits and collection of fees, (the "1997 Uniform Building Code"). The 1997 Uniform Building Code, Volumes 1, 2 and 3, 1997 edition, copyrighted by the International Conference of Building Officials, including Appendix Chapters 4, 11, 15 and 34, and excluding Appendix Chapters 3, 9, 10, 12, 13, 16, 18, 21, 23, 29, 30, 31 and 33, save and except the deletions and amendments as set forth below, is made a part of this article as if fully set forth herein. Three copies of the 1997 Uniform Building Code are on file in the office of the city secretary of the city being marked and designated as the Uniform Building Code,Volumes 1, 2 and 3, 1997 Edition, copyrighted by the International Conference of Building Officials. (Ord. No. 2001-07, § 1,3-13-2001) Certain documents, ene c „f which.. . fle i., the o ;ce of the tH ild:ng ,.fcial „f the city, marked and designated---as "U f B ild' g Code," volumes I, II and III, including appendix chapters 11, 15 and 34 but, excluding appendix chapter-a-3, 4, 9, 1-0, 12, 1-6-, 18, 21, 23, 29, 30, 31 b b ,