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HomeMy WebLinkAboutOrdinanceDRAFT Revised 6-5-97 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 2, 7.1 B., 7.1B B., AND 9.3, OF ORDINANCE NO. 1638; THE ZONING ORDINANCE OF THE CITY OF COLLEGE STATION, RELATING: TO THE REGULATION OF MANUFACTURED HOME PARKS; ADOPTING APPENDIX C. OF THE 1994 STANDARD PLUMBING CODE, RELATING TO THE REGULATION OF MANUFACTURED HOMES;. ADOPTING APPENDIX. H, OF THE 1994 STANDARD BUILDING CODE, RELATING TO THE REGULATION OF MANUFACTURED HOMES; AND REPEALING ORDINANCE NO. 627 MOBILE HOME PARK ORDINANCE AND ANY AMENDMENTS THERETO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: L Amend Section 2 Definitions to add the following: MANUFACTURED HOME. LOT: A parcel of land in a manufactured home park for the placement of a single mobile or manufactured home and the exclusive use of its occupants. MANUFACTURED HOME PARK: A parcel of land under single ownership which has been planned and improved for the placement of mobile or HUD-code manufactured homes for non transient use. IL Amend Section 7.I B. to read as follows: B. PERMITTED USES: Single family dwellings. Mobile Homes, located pursuant to an approved location permit as provided in Section 7.9 H. HUD-code manufactured homes, located pursuant to an approved location permit as provided in Section 7.9 H. Barn, stable for keeping private animal stock. Country club (publicly or privately owned). Crop production. Farm. Truck garden (including greenhouse for commercial purposes). Golf Course. Home Occupations. Pasturage. Poultry production (non-commercial). Riding academy {private). o:\group\deve_ser\bine\man.doc III. Amend Section 7.1B B. to read as follows: B. PERMITTED USES: All in A-O plus the following: Mobile Homes, located pursuant to an approved location permit as provided in Section 7.9 H. HCID-code Manufactured Homes, located pursuant to an approved location permit as provided in Section 7.9 H. Home Occupations Catfish Farm Commercial Horse Stable IV. Amend Section 7.9 to read as follows: 7.9. DISTRICT R-71v4ABlbl3 MANUFACTURED HOME PARK A. PURPOSE: This district contains. land which is located, designed, and is to be operated as a site for residential uses for mobile and IIUD-code manufactured homes in accordance with *w° °~°^'F°`~° °...°~'° ^r n..a:.,°.,°° *r^ ~~~ i°.,a the following District Regulations: B. PERMITTED. USES: Mobile and manufactured home parks. .Accessory manufactured home park uses such as recreational areas, maintenance buildings; laundry facilities, and the like are permitted as we1L C. CONDITIONAL USES PERMITTED: Refer to Section 8.12. D. AREA REQUIREMENTS:. Minimum manufactured home park area- 2 acres Maximum density -10 dwelling units per acre (gross density) Minimum mobile or manufactured home. setback off of a public street - 25' Minimum mobile or manufactured home setback off of an interior park property boundary -15' Minimum mobile or manufactured home setback off of a park street, common parking area, or other common area -10' Minimum distance between two mobile or manufactured homes -15' Minimum distance between all structures (mobile homes, manufactured homes, and other structures) - 15', except that private storage buildings located on an individual manufactured home lot need-not maintain a separation from the mobile or manufactured home that occupies the same lot) E. PARKING REQUIREMENTS: Refer to Section 9. F. SIGN REGULATIONS: Refer to Section 12. G. SITE PLAN/LANDSCAPING REQUIREMENTS: The construction, reconstruction, alteration, or enlargement of a manufactured home park must be pursuant to an approved site plan. In addition to the requirements contained in Refee to Sections 10 and 11, the following development requirements shall be provided:. L Buffer yards-All manufactured home parks located adjacent to industrial or commercial land uses shall provide screening of six foot high fences combined with a 20' landscaped area along the property boundary o:\group\deve_ser\bine\man.doc line separating the park and such adjacent nonresidenfial uses. Four canogy trees (minimum 2' caliper), 16 understory trees (minhnum 4'-5' in height), and 24 shrubs (minimum 2'-3' in height) shall be provided for every 1001ineal feet of common boundary. 2. Parking .areas may be located within common parking areas or on individual manufactured home lots, provided that the parking required for each mobile or manufactured home must be located within 200' of the home. 3. Each manufactured homes lot shall have access to public utilities, and it shall have vehicular access to either a public right-of--way or a private drive. H. PERMITS REQUIRED:. The placement or replacement of an individual mobile home or a HUD-code manufactured home within an approved manufactured home park'shall be pursuant to a Locafion Permit issued by the Building Official and Zoning Official ' The application for such a .permit shall be accompanied by a location plan include the following information: 1. Locafion plan showing the dimensions of the site, required setback lines, the placement of the mobile or manufactured home, the designated parking, and any existing structures on the same or adjoining lots. 2. A signed, dated application, requesting permission to locate the structure on the lot. 3. A legal description of the location of the property within the City. 4. An indication of the proposed delivery route to the designated site. Delivery routes shall not include residential streets, unless the designated site has sole frontage on the affected residential street. An Electrical Permit will also be required before any electrical service may be extended to a mobile or manufactured home. Application shall be in accordance withthe most current edifion of the National Electrical Code. L .INDIVIDUAL MOBILE OR MANUFACTURED HOME REQUIREMENTS 1. Skirting -- all manufactured and mobile homes within the park shall be skirted with brick, vinyl, or other solid skirting materials within four months'.. of occupancy of the lot. 2. Trailer hitches -- all trailer hitches and other devices designed to aid in the transport of the manufactured or mobile homes must be removed within four months of occupancy of the lot. V. Amend Section 9.3 Number ofoff-street Parking Spaces Required to add: Type of Generator Unit Spaces Per Unit Plus -For Manufactured home DU 2 Mobile home DU 2 VI. This ordinance shall become effective and be in full force and effect from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this th day of, 1997. APPROVED: ATTEST: CONNIE HOOKS, City Secretary LYNN McILHANEY, Mayor o:\group\deve_ser\bine\man.doc f DRAFT Revised 7-23-97 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 2, 7.1 B., 7.1B B., AND 9.3, OF ORDINANCE NO. 1638, THE ZONING ORDINANCE OF THE CITY OF COLLEGE STATION, RELATING TO THE. REGULATION OF MANUFACTURED HOME PARKS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: L Amend Section 2 Definitions to add the following: MANUFACTURED HOME LOT: A parcel of land in a manufactured home park for the placement of a single mobile or manufactured home and the exclusive use of its occupants. MANUFACTURED HOME PARK: A parcel of land under single ownership which has been planned and improved for the placement of mobile or HUD-code manufactured homes for non transient use. II. Amend Section 7.1 B. to read as follows: B. PERMITTED USES: Single family dwellings. Mobile Homes, located pursuant to an approved location permit as provided in Section 7.9 H. HUD-code manufactured homes, located pursuant to an approved location permit as provided in Section 7.9 H. Barn, stable for keeping private animal stock. Country club (publicly or privately owned). Crop production. Farm. Truck garden (including greenhouse for commercial purposes). Golf Course. Home Occupations. Pasturage.. Poultry production (non-commercial). Riding. academy (private). o:\group\deve_ser\bine\man. doc III. Amend Section 7.1B B. to read as follows: B. PERMITTED USES: All in A-O plus the following: Mobile Homes, located pursuant to an approved location permit as provided in Section 7.9 H. HUD-code Manufactured Homes, located pursuant to an approved location permit as provided in Section 7.9 H. Home Occupations Catfish Farm Commercial Horse Stable Amend Section 7.9 to read as follows: IV. 7.9. DISTRICT R-7 MAl1I~s MANUFACTURED HOME PARK A. PURPOSE: This district contains land which is located, designed, and is to be operated as a site for residential uses for mobile and HUD-code manufactured homes in .accordance with *'~° ~^°^'F,. _o .,,o.,.~ ,.v n..a:..,..,,.e ter,. ~~~ i,.,,a the following District Regulations: B. PERMITTED USES: Mobile and manufactured home parks. Accessory manufactured home park uses such as recreational areas, maintenance buildings, laundry facilities, and the like are permitted as well C. CONDITIONAL USES PERMITTED: Refer to Section 8.12. D. AREA REQUIREMENTS: Minimum manufactured home park area - 2 acres Maximum density -10 dwelling units per acre (gross density) Minimum mobile or manufactured home setback off of a public street - 25' Minimum mobile or manufactured home setback off of an interior park property boundary -15' Minimum mobile or manufactured home setback off of a park street, common parking area, or other common area -10' Minimum distance between two mobile or manufactured homes -15' Mhwnum distance between all structures (mobile homes, manufactured homes, and other structures) - 15', except that private storage buildings located on an individual manufactured home lot need not maintain a separation from the mobile or manufactured home that occupies the same lot) E. PARKING REQUIREMENTS: Refer to Section 9. F. SIGN REGULATIONS: Referto Section 12. G. SITE PLAN/LANDSCAPING REQUIREMENTS: The construcfion, reconstruction, alteration, or enlargement of a manufactured home park must be pursuant to an approved site plan. In addition to the requirements contained in RefeF to Sections 10 and 11, the following development requirements shall be provided: 1. Buffer yards -All manufactured home parks located adjacent to property developed as residential, commercial, or industrical uses shall provide screening of six foot high fences combined with a 20' landscaped o:\group\deve_ser\bine\man. doc area along the property boundary line separating the park and such adjacent .uses. Four canopy trees (minimum 2' caliper), 16 understory trees (minimum 4'-5' in height), and 24 shrubs (minimum 2'-3' in height) shall be provided for every 100 lineal feet of common boundary. 2. Parking areas may be located within common parking areas or on individual manufactured home lots, provided that the parking required for each mobile or manufactured home must be located within 200' of the home. 3. Each manufactured homes lot shall have access to public utilities, and it shall have vehicular access to either a public right-of--way or a private drive. H. PERMITS REQUIRED: The placement or replacement of an individual mobile home or a HUD-code manufactured home within an approved manufactured home park shall :be pursuant to a Location Permit issued by the Building Official and Zoning Official The application for such a permit shall be accompanied by a locafion plan include the following information: 1. locafion plan showing the dimensions of the site, required setback lines, the. placement of the mobile or manufactured home, the designated parking, and any existing structures on the same or adjoining lots. 2. A signed, dated applicafion, requesting permission to locate the structure on the lot. 3. A legal description of the location of the property within the City. 4. An indication of the proposed delivery route to the designated site. Delivery. routes shall not include residential streets, unless the designated site has sole frontage on the affected residential street. An Electrical Permit will also be required before any electrical service may be extended to a mobile or manufactured home. Application shall be in accordance with the most current edition of the National Electrical Code. I. INDIVIDUAL MOBILE OR MANUFACTURED HOME REQUIREMENTS 1. Skirting -- all manufactured and mobile homes within the park shall be skirted with brick, vinyl, or other solid skirting materials within four months of occupancy of the lot. 2. Trailer hitches -all trailer hitches :md other devices designed to aid in the transport of the manufactured or mobile homes must be removed within four months of occupancy of the lot. V. Amend Section 9.3 Number ofoff-street Parking Spaces Required to add: Type of Generator Unit Spaces Per Unit Plus -For Manufactured home DU Mobile home DU VI. This ordinance shall become effective and be in full force and effect from and after its passage and approval. by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this th day of, 1997. APPROVED: ATTEST: LYNN IVIcILHANEY, Mayor CONNIE HOOKS, City Secretary o:\group\deve_ser\bine\man.doc DRAFT Revised 7-23-97 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2158 TO ADOPT APPENDIX C. OF THE 1994 STANDARD PLUMBING CODE, RELATING TO THE REGULATION OF MANUFACTURED HOMES; TO REQUIRE ELECTRICAL PERMITS FOR ELECTRICAL SERVICE TO MANUFACTURED AND MOBILE HOMES; AND TO ADOPT A PORTION OF APPENDD~ H. OF THE 1994 STANDARD BUILDING CODE, RELATING TO THE REGULATION OF MANUFACTURED HOMES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: I. Amend Ordinance No. 2158, the ordinance adopting the Standard Building Code 1994 Edition, to add the following: Appendix 1 STANDARD BUILDING CODE ADOPTED A booklet entitled `Standard Building Code 1994 Edition' as amended and as hereafter may be amended, at least one (1) copy of which is on file in the office of the Building Official of the City of College Station, Texas, is hereby adopted and designated as the Building Code of the City of College Station,. Texas. Appendix H MANUFACTURED HOMES TIE DOWN STANDARDS is hereby adopted in its entirety. II. Amend Ordinance No. 2158, the ordinance adopting the Standard Plumbing Code 1994 Edition, to add the following: A booklet entitled `Standard Plumbing Code 1994 Edition' as amended and as hereafter may be amended, at least one (1) copy of which is on file in the office of the Building Official of the City of College Station, Texas, is hereby adopted and designated as the Plumbing Code of the City of College Station, Texas. Appendix C MANUFACTURED HOMES AND MANUFACTURED HOME PARKS is hereby adopted, save and except for Section C110 SERVICE BUILDINGS. III. This ordinance shall become effective and be in full force and effect from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this th day of, 1997. APPROVED: ATTEST: CONNIE HOOKS, City Secretary LYNN McILHANEY, Mayor o:\group\deve_ser\bine\man.2doc DRAFT Revised 7-23-97 ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 627 MOBILE HOME PARK ORDINANCE AND ANY AMENDMENTS THERETO, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: L Repeal Ordinance No. 627 and any amendments thereto. II. This ordinance shall become effective and be in full force and effect from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this th day of, 1997. APPROVED: LYNN McILHANEY, Mayor ATTEST: CONNIE HOOKS, City Secretary o:\group\deve_ser\bine\man3.doc ORDINANCE NO 2158 AN ORDINANCE AMENDING CHAPTER 3, $U1LDlNG REGULATIONS, SECTION. 1 AND APPENDICES 1 THROUGH, 5, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: L That :Chapter 3, Section 1, of the Code of Ordinances of the City of College Station, is .hereby amended to read as follows: "SECTION 1: STANDARD ADMINISTRATIVE CODE A. TITLE AND SCOPE 1. Title The provisions of the following chapters shall constitute and be known and cited as "The Standard Administrative Code" (hereinafter referred to as "this Code"). 2. Purpose The purpose of this Code is to provide for the administration and enforcement of the Standard. Building, Gas, Mechanical Plumbing and Fire Codes, and the National Electrical Code (hereinafter referred to as the "Technical Codes"), as adopted by,this City. "City" in this Code shall mean the City of College Station. "State" in this Code shall mean .the .State of Texas. "Building Official" shall include each of the separate .officials designated. by each of .the Technical Codes. 3. Code Remedial (a) General. This Code is hereby declared to be remedial, and shall be con- strued to secure the beneficial interests and purposes of the Technical Codes,. which are public safety, ,health, and general welfare, and the specific'beneficial interests and. purposes to which each of the Technical Codes applies, as stated in 101.3.1 below. (b) Quality Control. Quality ..:control of materials and workmanship. is not within the ,purview of the Technical Codes except as it 'relates to the purposes stated herein. (c) Permitting and Inspection. The inspection or permitting of any building, system or plan by the City, under .the requirements of the Technical Codes or this Code, shall not be construed in arty court as a warranty of the physical condition of such building, system or plan or their adequacy. .Neither the City nor any employee thereof shall be liable in tort for damages for any defect or hazardous or illegal.- condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. js/c/nov95/chap3amd.dx 01/26/96 Ordinance No. 2158 Page 2 4. Scope (a) Applicability: (1) Buildin .The provisions of the.-1994 Standard Building Code shall apply to he construction,, reconstruction, remodel, altera- tion, repair, equipment, use and occupancy,. location, mainte- nance, removal and demolition, of every building or structure or .any appurtenances .:connected or attached to such buildings or structures; except as altered. by 'Appendix 1 attached and incor- porated hereto. (2) Electrical. The provisions of the 1993 National Electrical Code .shall apply to the installation of ..electrical systems, including alterations, repairs, replacement,' equipment, appliances, fixtures, fittings, and appurtenances thereto; except-as altered by Appen- dix 2 attached and incorporated herein. (3) Gas.. The provisions of the 1994 Standard Gas Code shall apply to 'the installation of '.consumer's `gas piping systems extending from the point of delivery to the inlet connections. of appliances, and .the. installation and operation of residential and commercial gas. appliances:. and- related' accessories, except. as altered by. Appendix,3 attached and incorporated herein. (4} Mechanical. The provisions of -the 1994 Standard Mechanical Code shall apply to the installation of mechanical systems, includ- ing alterations, repairs, ..replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators, and other energy-related systems;. except as altered by Appendix4 attached and incorporated herein. (5) Plumbing. The provisions of the 1994 Standard Plumbing Code shall apply to every plumbing installation, including.. alterations., repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances, when: connected to a water or sewerage system; except as altered by Appendix 5 attached and incorporated herein. (6) Fire Protection. The provisions of the 1994 Standard Fire Code shall apply to he repair,. equipment, use .and occupancy,, and maintenance of every existing budding or structure or-any existing appurtenances connected or attached to such buildings or`struc- tures; except: as altered by Chapter 6 of the: Code of Ordinances. (7} Structural Standards: The .provisions of the Structural Standards Code shall be as' et out inAppendix 6 attached and incorporated herein.. (8) Energy. The provisions. of the 1988 College Station. Residential Energy Compliance Code shall apply to the design of new resi- dential buildings and additions to existing buildings that js/c/nov95/chap3amd. doc 01/26/96 Ordinance No. 2158.:• Page 3 provide shelter for residential occupancies, as set out in Appen- dix 7 attached and incorporated herein. (b) Federal and State Authority.. Neither the provisions of this Code nor the Technical Codes. shalt be held to deprive any Federal or State agency, this City, or any applicable governing authority having jurisdiction, of any power or authority that it had on the effective date of the adoption of this Code or the Technical Codes or of .any remedy then existing for the enforcement of its orders, .nor shall it deprive any individual or corpora- tion of its legal rights`as provided bylaw. (c) Referenced Standards. Standards referenced in the Technical Codes shall be considered an integral part of he codes without separate adop- tion. `If specific portions of a standard are denoted by code text, only those portions of the standard. shall be enforced: Where code provisions conflict with a standard, the. code. provisions shall be enforced. Permissive' and .advisory provisions.in a standard shall not be construed _ as mandatory.. No provisions with respect to the nature of city'. employ- ment relationships shall apply. (d) Maintenance. All buildings, structures, electrical, gas,- mechanical, plumbing and :fire protection. systems, both existing and new, and all parts thereof, .shall be maintained in a safe and sanitary condition. All devices or; safeguards that are required by the technical codes when constructed, altered, or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings, structures, electrical, gas, mechanical, plumbing and fireprotection systems. 5. Building. Department There is hereby established a department to be called the Building Department and the person in .charge shall be known as the Building Official. (a) Restrictions On Employees. An officer or employee connected with the Building Department shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or mainte- nance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he is the owner of such. This officer or employee shall not engage in any other work that is inconsistent with his duties or conflict with the interests of the Building Department. (b) Records. The Building.Official shall keep, or cause to be :kept, a record of`the business of the Building: Department, which shall be open to public inspection'as required by State law. (c) Reports. The Building Official shall submit annuallya report covering the work of .the building department .during the preceding year. He may incorporate in said .report a summary of the decisions of the Construction Board of Adjustments and Appea)s during said year. 6. Code. Enforcement Manager... (a) General. There is hereby. established 'a Code- Enforcement: Manager of the City of College Station. The Code Enforcement Manager is hereby js/c/nov95/chap3amd.doc 01/26/96 Ordinance No. 2158 Page 4 authorized and directed to enforce the provisions of zoning, technical, and related codes. (b) Right of Entry. The Code. Enforcement Manager is hereby designated as the person authorized to seek a warrant for the entry .of any premises in College Station for the purpose of allowing the inspection to determine the presence of a fire or health or unsafe building' condition or violation of any .fire, .health br building regulation, statute or .ordinance. The request for a warrant shall be based. upon the #ollowing probable cause criteria: (1) the age and general condition of the premises; (2) the previous violations or hazards found present in the premises; the type of premises; (3) the purposes for vvhich the premises are used; and the presence _ of hazards or violations in and the general condition. of premises near the premises sought to be inspected. 7. Existing Buildings (a) General Alterations,: repairs or`rehabilitation work may be made to any existing structure, building„ electrical, gas, mechanical, plumbing or fire protection system without requiring the .building, structure, p umbing, electrical, mechanical, gas, or-fire protection system to comply with all the requirements of the Technical Codes- provided that. the alteration, repair or rehabilitation work. conforms'to the requirements of the Techni- cal Codes: for new construction. The Building Official shall determine the' extent to which the existing system shall be made to conform to thee. requirements of the Technical Codes for new construction. (b) Change of Dccupancy. If the occupancy .classification of any existing 'building. or structure is changed, the building,. electrical,. gas, mechanical, plumbing and 'fire-protection systems shall be made to conform to the intent of the existing' Technical Codes as required by the Building Offi- cial. 8. Special Historic Buildings The provisions of the Technical .Codes .relating to the construction, alteration, repair, enlargement, restoration, .relocation, or moving of buildings or structures shalt not be mandatory for existing buildings or structures identified and classi- fied by the State or City as Historic Buildings,. when such buildings or structures: are judged by the Building Official to be safe and in the public. interest of health, safety and welfare regarding ,any ,proposed `construction, alteration, repair,.. enlargement, restoration; relocation or moving of buildings within fire districts. B. .POWERS AND DUTIES OF THE BUILDING OFFICIAL 1. General The Building Official is hereby. authorized and directed to enforce the provisions of this Code and the Technical Codes. The Building Official is further js/c/nov95/chap3amd. doc 01/26/96 Ordinance No. 2158 Page 5 authorized to .render. interpretations of this Code. and. the Technical Codes, which are'consstent with their spirit and purpose. 2, Right Of Entry -The Building Official may enter onto premises. for the purpose of inspecting any building with the .permission of the :person in charge. In the event that the Building Official or any inspector of the Building. Department is .denied. access to premises the Building Official shall` obtain he proper inspection search warrant. 3. Stop Work Orders Upon notice from the $uilding Official' or Fire Marshal, work on any building, structure, electrical, gas, .:mechanical, plumbing or fire protection system that is being done contrary to the provisions of this Code or the Technical Codes or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work. may be "resumed. Where the Building Official or fire Marshal: observes. a health or safety vio ation he shall not be required to give a written notice prior to stopping the work. 4. Revocation Of Permits (a) Misrepresentation of Application. The Building Official may revoke a permit or approval.,.. issued under the provisions of this. Code or the Technical Codes, upon determination by the Building. Official that .the applicant made a false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based. (b) Violation of Code Provisions. The Building Official may revoke a permit upon determination by the Building .Official that the construction, exec- tion, alteration, .repair, moving, demolition, installation or replacement of the building, structure, .electrical, gas, mechanical, plumbing or #ire protection system for which the permit was issued is in violation. of, or not in conformity with, the provisions of this Code or the Technical Codes. 5. Unsafe Buildings Or Systems All buildings, structures, 'electrical, gas mechanical, plumbing. or fire protection systems that are' unsafe, unsanitary, or do not provide adequate egress, or that constitute. a fire hazard, or are otherwise dangerous to human life, or that in relation to existing use, `constitute a hazard to safety or health,. are considered unsafe buildings orservice..systems. 6. Requirements Not Covered By Code Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical,. plumbing or fire protection system,. or'for the public safety, health and. general welfare, not specifically covered by this Code or the Technical Codes, shall be determined by the Building Official or'Fire Official. js/c/nov95/chap3amd. doc 01/26/96 Ordinance No. 2158 Page 6 7. Alternate Materia_Is And Methods The provisions of the.Technical Codes are. not intended to prevent the use of any material or method of construction not specifically :prescribed. by them, provided any such.. alternate .has been reviewed, by the Building Official. The Building Official shall approve any such alternate, provided the Building Official finds that-the alternate, for the purpose intended; is at least the equivalent of that prescribed in the Technical Codes, in quality, strength, effectiveness, fire resistance, durability and safety. The Building Official shall require that suffi- cient evidence or proof be submitted to substantiate any claim made regarding the alternate. C. PERMITS 1. General. A person, firm or corporation shall not erect, construct, enlarge,. install, alter; repair, move, improve, remove, convert or demolish any building, structure, electrical, gas, mechanical, plumbing or fire .protection. system in the City, or cause the same to be done, without first obtaining a permit ..for such from the Building. Official 2. Permit A lication (a) When Required. Any ov/ner, authorized agent,. or contractor who desires to construct, enlarge, .alter, :repair, move, demolish, or change the occupancy of a building or structure, or to .erect, install, enlarge, alter, repair,. remove, convert or replace any electrical, gas, mechanical, plumbing or fire protection system,. the installation of which. is regulated by the .Technical :Codes, or to cause any,such work to be done', shall first make application to the Building Official. and obtain the. required permit for the work. However, permits shalt not be required for the following mechanical work: (1) any portable heating appliance; (2) any portable ventilation equipment; (3) any portable cooling unit; (4) any steam,. hot or chilled water piping within any heating or cool- ing equipment regulated by this Code; (5) replacement of any part that does not alter its approval or make it unsafe; (6) any portable evaporative cooler; (7) any.. self-contained. refrigeration system containing ten (10) pounds or less. of refrigerant and actuated by motors of one horsepower or less. (b) Work Authorized. A building, electrical, gas, mechanical or plumbing permit shall .carry with it the right to construct or install the work, provided the same are shown on thedrawings and set forth in the specifications js/c/nov95/chap3amd. doc 01/26/96 Ordinance No. 2158 Page 7 filed with the application. for the permit. Where hese are not shown on the drawings and covered by the specificationssubmitted with the appli- cation, separate permits. shall be required. (c) Minor Repairs. Ordinary minor. repairs: may be made with the approval of the Building Official without a permit, provided that such repairs shall not violate any of the provisions of the Technical Codes. (d) Information Required. Each: application for a permit, with ..the required fee, `shall be filed with the Building Official on a form furnished for that purpose, and shall contain a general description of the proposed work and its location. ,The application shall be signed by'the owner, or his authorized agent. The building permit application shall indicate the ..proposed occupancy of all parts of the building: and of that portion of the site or lot, if any, .not covered by the building or structure, and shall contain such other information. as may be required by the Building Offi- cial.: (e) Tim Limitations. An application .for. a permif for. any .proposed work shall be deemed to have been abandoned six (6} months after the date of filing for the permit, .unless before then a permit has been .issued. One or more extensions of time for periods of not more than ninety (90) days each may be allowed by the Building Official for the application, provided the extension is requested in writing and justifiable cause is demon- . strated. 3. Drawings And Specifications (a) Requirements. When required by the. Building Official, two or more copies of specifications, and of drawings drawn to scale with sufficient clarity and detail to indicate the nature and character of the work, shall accompany the application for a permit. Such drawings and specifica- tions shall .contain information, in the .form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the Technical Codes. Such information shall be specific, and the Technical Codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used, as a substitute for specific information. All information, drawings,. specifications.: and accompanying data shall bear the name, signature' and seal of the. person responsible for the design. (b) Additional Data. The Building.Official. may require details, computations, stress 'diagrams, and other data necessary to describe the construction or installation. and the=basis of calculations. All drawings, specifications and accompanying .data required by the Building Official to be prepared by an architector engineer shall be affixed with their: official seal. (c) Design Professional The design professional.. shall be an architect or engineer legally registered under the laves of the State regulating the practice of architecture or engineering and shall affix his official seal to said drawings., specifications and accompanying data, for the following: (1) All Group A, E and I occupancies (as defined in the Standard Building Code as adopted by City), js/c/nov95/chap3amd. doc 01/26/96 Ordinance No. 2158 Page. 8 (2) Building and structures three stories or more high. (3) Buildings and structures five thousand (5000) square feet or more in area. For all other buildings and structures,.. the submittal shall bear the certifi- cation of the applicant that some specific State law exception. permits its preparationby a person not so registered, with-the exception of Group R-3 buildings (as defined in the Standard. Building Code as adopted. by City), which,` regardless of size, shall require neither a registered archi- tect or engineer, nor a certification that an architect or engineer is not required. (d) Structural And Fire Resistance Integrity. Plans for all buildings shall indi- cate'how required structural and fire resistive integrity will be maintained where a penetration of a required fire resistant wall, floor or partition will be made: for electrical, gas, mechanical, plumbing and :communication -- conduits, pipes and systems and .also indicate in sufficient. detail how the fire integrity wilF be maintained where. required fire resistant filoors inter- sect the exterior walls. (e) Site Drawings. Drawings shall. show the location. of the: proposed building or structure and of every existing building or structure. on the site or lot. The Building Official may require a boundary'line survey prepared by a qualified surveyor. 4. Examination Of Documents {a) Plan Review. The Building Official shall examine or cause to _be exam- ined each application for. a permit and the accompanying documents, consisting of drawings, specifications, computations .and additional .data, and shall ascertain by such examinations whether the construction indi- cated and described is in accordance with the requirements of the Technical Codes and all other pertinent laws or ordinances. (b} Affidavits.. The Building Official may accept a sworn affidavi4 from a Registered Architect or Engineer stating that the plans submitted conform to the Technical Codes. For buildings and structures, the affi- davit shall state that the plans conform to the requirements regarding egress, type of construction and general: arrangement. If accompanied by drawings showing the structural design, the affidavit must also include'. a statement that he plans and design conform- to the. requirements of the Technical Codes as to-stre'ngth;;stresses, strains, loads and stability, The Building Official may, without any examination or inspection of the plans, accept such affidavit, provided the architect or engineer who. made such affidavit agrees to submit to the Building Official, _copies of inspection reports as inspections are performed and upon completion of -the .structure. For electrical, gas, mechanical, plumbing. or'fire protection systems, the affidavit must include: a certification that the structure, elec- trical, gas, 'mechanical,` plumbing. or fire protection system has been erected in accordance with ,the requirements of-the Technical Codes. Where the Building Official `relies upon such affidavit, the architect or engineer shall assume full.- responsibility for the ,compliance with all provisions of the Technical Codes and other pertinent laws or ordi- nances.. js/c/nov95/chap3am d. doc 01/26/96 Ordinance No. 2158 Page 9 5. Issuing Permits (a) Action on Permits. The Building Official shall act upon an application for a permit without unreasonable or unnecessary. -delay. If the Building .Official is satisfied that ahe work described in an application for a permit .and the contract documents filed therewith conform to he .requirements of the Technical Codes and other pertinent laws and ordinances, he shalt issue a permit to the applicant. (b) .Refusal To Issue Permit. If the application for-a permit and the accom- panying contract ,documents :describing the work do not conform to the .requirements of the Technical Codes. or other -pertinent laws or ordi- nances, the Building Official shall not issue a permit, but shall return the contract documents to the applicant with his refusal'to issue such permit. Such refusal shall, when requested, be in .writing and shall contain the reason for refusal {c) Special Foundation Permit. When application for permit to erect or ..enlarge a building has been filed and pending. issuance of such permit, the Building Official may, at his discretion, issue a special permit for the foundation only. The holder of such a especial., permit is proceeding at his own risk and .:without. assurance that a permit for the remainder of the work will: be granted nor thafi corrections will note be required in order to meet provisions of the Technical Codes. (d) Construction in the .Public Right-of-Way 'or Easements. A permit shall not be given by the Building Official for-the construction of any building, or for the alteration of any building the encroachment into any right-of- way or easements on any lot or premises of any :building or'structure removed from another iot or premises, unless the applicant .has. made application at the office of the City Engineer for: Council approval of the encroachment and. it shall be the duty of the Building' Official to see that the right-of-way or easements. are not encroached. 6. Contractor's Responsibilities (a) It shall be the duty of every contractor who shall make contracts for the .installation or repairs of building, structure, electrical, gas, mechanical, plumbing or fire .protection systems, for which a permit ~s required, to comply wrth State or local rules and regulations concerning .licensing and technical codes that the governing authority may have adopted; (b) Dedication of Easements. Where required for. the provision of electrical, water-or sewer .service, the. contractor shall obtain for the City any required easements pursuant to the City of College Station Right-of-Way Manual 7. Conditions Of The Permit (a) Permit Intent. A permt_ issued shall be construed to be a license to proceed with the work and not as authority to violate,. cancel, alter, or set aside any of thee. provisions of the Technical Codes, nor shall issuance. of a permit prevent the:. Building ,Official from thereafter requiring a correction of .errors in plans, construction, or violations of this Code. js/c/nov95/chap3amd. doe 01/26/96 Ordinance No. 2 ~ 58 Page 10 Every.. permit issued shall. become .invalid unless the work .authorized by such permit is commenced within six (6) months after -.its issuance, or if the work authorized by'such. permit is suspended or abandoned for a period of six (6) months after. the ime the work,is commenced. One or .more extension of time,-for a period not to exceed ninety (90) days each, may be .allowed for the permit. The extension shall be requested m writ- ing and must demonstrate justifiable cause to the Building Official. All extensions which are granted shall be in writing and signed by the Building Official Building permits may be obtained-by property owners building or improving aheir own homes in which they .will personally reside, whereas electrical, plumbing, mechanical and gas permits will be issued .only to properly .licensed contractors and masters within the respective technical rades (b) Permit. Issued Based On An Affidavit/Hazardous Work. .Whenever a .permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation. under conditions that, in the opinion of the Building Official, are hazardous or complex, the Building Official shall require thaf the' architect or engineer who signed the affi- x davit or prepared the drawings or `computations shall supervise such .work; In addition, the architecC of engineer shall be responsible for conformity with the permit, provide copies of inspection reports as in- spections are.::performed, and, upon completion, make and file with. the Building .Official. a written: affidavit that -the' work has been done in conformity with-the reviewed ,plans and with the structural provisions of the Technical Codes.- In the event such architect or engineer is not available, the owner shall .employ in his.. stead a competent :person. or agency whose qualifications are .reviewed and approved by the.Building Official (c) Plans. When the Building Official issues a permit, he shall endorse, in writing or by stamp, both sets of plans as "Reviewed for Code Compli- ance". One set of drawings so reviewed .shall be retained by the Build- ing: Official and the other set shalt be returned to the applicant. The permitted 'drawings shall. be .kept at the site of work and shall be open to inspection by the Building Official or his authorized representative.: 8. Fees (a) Required Fees. A permit or inspection shall not be issued or made until the. fees required by Chapter 14 have been paid. Nor shall'an amend- . merit to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building'; structure,..electrical, plumbing, mechanical, gas or fire protection systems, has been paid. (b) Work Commencing Before Permit Issuance.` If any person.. commences any work on a building, structure, electrical, plumbing, mechanical,. gas or fire protection systems before obtaining the necessary permit, he shall be charged a penalty of double trie .permit fees. (c) Accounting. The Building Official shall keep a permanent and. accurate .accounting. of .all .permit fees and other monies collected, the names of all persons upon whose account the same was paid, the ".name of the person. who paid the amount, along with the date and amount thereof. js/c/nov95/chap3amd. doc 01/26/96 Ordinance No. 2158 9 Page 11 (d) Schedule of Permit Fees.: On all buildings,. structures, electrical, plumbing, mechanical, gas and fire protection systems or .alterations requiring a permit, a fee for each. permit shall be paid as required at the time the application is filed, in accordance with. the schedule established by the City Council by resolution from time to time. (e) Building Permit Valuations. lf, in the opinion of the Building Official, the valuation of building, :alteration, structure, electrical, gas: ,mechanical, plumbing or fire protection systems appears to be underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meef the approval of the. Building Official. Permit valuations shall<include-#otal cost, such as electrical, gas, mechanical, plumbing, fire protection and other systems, including materials and labor. Inspections (a) (b) (c) (d) (e) Inspections of Existing Buildings. Before issuing a permit the Building Official may examine or cause to be examined any building, .electrical, gas, mechanical, plumbing or fire protection systems for which an appli- cation has been received for a permit to enlarge, alter, repair, move, de- moiish, install, or change the occupancy. He shall inspect all buildings, structures,. electrical, gas, mecharncal, plumbing and, fire protection systems, from time to time, during and upon completion of the work fore which a permit was issued.. He shall make a record of every such examination and inspection and of all violations of the Technical Codes. Manufacturers and Fabricators: When deemed necessary by the Build- ing Official he shall make, or cause to be made, an-inspection of materi- als or assemblies at the. point of manufacture or fabrication. -The. Build- ing Official shall make a record of every 'such examination and inspec- tion and of all violations of the Technical Codes. Inspection Service.. The Building Official shall make, or cause to be made, the inspections required by #his section. He may accept reports of inspectors of recognized inspection services, provided.. that after nvesti- gation he is satisfied as to their qualifications and reliability.. A certificate required by any provision of the TechnicaF Codes shall not be based on such reports unless the same are in writing and certified by a responsible officer of such service: Inspections Prior To Issuance of Certificate of Occupancy or Completion. The Building Official shall inspect or cause to be .inspected. at vanous intervals all. construction or work for which a permit. is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical, plumbing or fire protection system upon completion, prior to the issuance of the Certificate of Occupancy or completion or the provi- sion of utility service to the premises. Posting of Permit: Work requiring a permitshall not commenceuntil he permit holder or his agent posts the permit card in a conspicuous place on the premises. The permit shall be protected from the weather and ,located in such position as to allow the Bwldmg Official. or his authorized representative to' conveniently make the required entries thereon. This permit card shall be maintained, in such position by the .permit holder until js/c/noi~95/chap3amd. doc 01/26/96 Ordinance No 2158 Page 12 the. Certificate of Occupancy or Completion is issued by the Building Official (f) Required_ Inspections. .The. Building Official upon notification from the permit holder or hisagent shall make the following inspections and such other inspections as necessary, and shall either release that portion of the construction or shall notify the permit holder or his agent of any violations which must be corrected in order to comply with the Technical Codes: (1) Buildin (i) ' Foundation and Inspection: to be made after trenches are excavated and forms erected. (ii) Frame. Inspection: to be made after the roof,.. all framing, fireblocking and bracing is in place, all concealing wiring, all pipes,. chimneys, ducts and vents are complete. (iii) Insulation Inspection; to be mane after wars are u»u- lated. (iv) Final Inspection:.. to be made .after the building is `completed and ready for occupancy. (2) Electrical: (i} Underground Inspection: to be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put into place. (ii) Rough-In Inspection: to be made after the roof, framing, fireblockmg and bracing is in place .and prior to the instal- lation of wall or ceiling membranes. (iii) Final inspection: to be made after the building is complete, all required electrical fixtures. are in place and properly connected or protected, and the .structure is ready for occupancy. (3) Plumbing: (i) Underground.. Inspection: to be made after trenches or ditches. are excavated, piping installed, and before any .backfill is put into place; (ii) Rough-In Inspection:. to be made after the roof, framing, fireblocking and bracingis in place and all soil, waste and vent piping is complete, and prior to the installation. of wall or ceiling membranes. (iii) Final Inspection: to be made after. the building is complete, all. plumbing .fixtures. are in place. and. properly connected, and he structure is ready for occupancy. All tests required by the Standard Plumbing Code, as js/c/nov95/chap3amd. doc 01/26/96 Ordinance No. 2158 Page 13 adopted by City, must be passed to the .satisfaction of the Building Official for the Final Inspection to be :complete. See Section 417 of the Standard Plumbing Code.. (4) Mechanical (i) Underground Inspection: to be .made after: trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put: into place. (ii) Rough-In Inspection: to be made .after the .roof, framing, fire-blocking and bracing. are in place and all `ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. (iii) Final Inspection: to be made after the building is complete, the mechanical system is in place and properly connected, and the structure s ready for occupancy. (5} Gas: (i) Rough. Piping Inspection: to be made after all new piping authorized by the. permit .has. been installed, and before. any such piping has been covered or :concealed or any fixtures or gas appliances' have been connected. (ii) Final Piping Inspection: to be made after all .piping autho- rized by the permit has been `installed and after all portions.. that are to be concealed by plastering or other- wise have been so -concealed, and before any fixtures or .gas appliances have been connected, This inspection shall include a pressure test. (iii) Final`Inspection: to be made on all new gas work. author- ized by he permit and such portions of existing systems as may be affected by new work or any changes, to insure compliance with all the requirements of this Code and to assure ..that .the installation and construction of the gas system is in accordance with the. reviewed plans. (6) Fire Protection:. (i) Automatic. Fire Extinguishing Systems: To be tested by "dry fire. test". Test must be completed and passed before protected: equipment is operated. Automatic Fire extin- guishing systems must comply-with NFPA 17 or 17A. (ii) Automatic Fire Sprinkler Systems: - Underground: to be tested and witnessed by the contractor and the.. property-owner or his represen- tatve. 'Completed, signed state test sheet must be submitted to the°Fire Official prior to .Certificate of Occupancy inspection. js/c/nov95/chap3amd. doc 01/26/96 Ordinance No. 2158 Page 14 - Above ground: 200 Ib. hydrostatic test to be witnessed by the College Station Fire Marshal. for a period of two (2) hours. State test sheet must be completed, signed and submitted. to the Fire Official prior. to Certificate of Occupancy inspec- tion, or storage. of combustibles within .the protected sti-iacture. AIf Automatic Fire Sprinkler Systems mustcomply with NFPA 13. (iii) Underground Fuet Systems: - Fuel Tanks: atl underground fuel tanks must be tested at five (5) psi (air) for thirty (30) minutes. The Fire Official must witness all-tests and approve installation before fill dirt is replaced. - Fuel Lines: all underground fuel lines: must be tested at seventy-five{75) psi (air) for thirty (30) minutes. The Fire Official must witness all :tests and approve .installation before fill dirt is replaced. (iv) Fire Alarms: all required fire alarmswill be tested by the Fire Official immediately after .completion of -the installa- tion, or prior to Certificate of Occupancy inspection; (v) Routine Fire/Safety Inspections: each- commercial prop- erty will be periodically inspected, by the Fire Department, for compliance with applicable fire and safety regulations and to assist owners/managers with fire .safety-: problems or questions. (g) Written Release. Work shall not be done on any part of a build- ing, structure, electrical, gas, mechanical, plumbing or fire protec- tion system beyond the point indicated m each successive. inspection without first obtaining a written release from the Build- ing Official Such written release shall be given only after an inspection has -been made of each successive step in the construction or installation as indicated by each of the"foregoing three (3) inspections. (h} Reinforcing Steel and .Structural Frames.. Reinforcing steel or structural frame work of any part of any building or structure shall. not be covered or `concealed without first obtaining a written release from the Building Official. (i) Plaster Fire Protection. In all buildings where plaster is used for fire protection purposes, the permit holder or his agent shall notify the. Building .Official after all lathing and backing is in .place. Plaster shall not be applied without first obtaining a written release from the Building Official. 10. Certificate Of Occupancy {a) Building Occupancy. Anew buildingshall not be occupied or a change made in the occupancy, nature or use of a building or part of a building. js/c/nov95/chap3amd. doc 01/26/96 Ordinance No. 2158 Page 15 prior to the issuance of a Certificate of Occupancy by the Building Offi- cial. The Building Official' shall not issue the Certificate of Occupancy until all required. electrical, gas, mechanical, plumbing-and fire protection systems have been inspected for compliance with the technical .codes and other applicable laws and ordinances and released by the Building Official (b) Issuing Certificate Of Occupancy. Upon satisfactory completion of con- struction of a building. or structure and installation of electrical; .gas, mechanical, plumbing antl fire protection systems in accordance with the Technical Codes; reviewed. plans "and specifications,. and after the final inspection, he ;Building Official shall issue a .Certificate of "Occupancy stating the nature of the occupancy permitted, the number of persons for each .floor when- limited by law,. and the allowable load per square foot for each floor in accordance with the provisions of this Code and the Technical Codes_ (c) Temporary/Partial Certificate of Occupancy. At the request of the owner, the' Building .Official may issue atemporary/partial Certificate of Occu- pancy for a portion or portions of a building if the requirements of the Techrncal Codes have been completed on said portion or portions of the building and, in the opinion of the Building Official the completed portion or portions of the building can safely be occupied prior to final comple- tion of the building. (d) Certificate Of Occupancy For Existing Building. A Certificate of Occu- pancy for any existing building may be obtained by making an applica- tion to the Building Official, including all .relevant information and. data necessary to determine compliance with the Technical Codes for the occupancy intended. Two sets of detailed drawings, or a general inspection, or both, may be required prior: to the issuance of the'Certifi- cate of .Occupancy, if such information is deemed necessary by the Building Official. When; upon examination and inspection,. the Building Official determines that-the building conforms to the. provisions of the existing Technical Codes and. other applicable aws and ordinances. for such' occupancy, a Certificate of Occupancy shall be issued. 11. Certificate Of Completion .Upon satisfactory comp etion of a building, structure, electrical, gas, mechanical, plumbing or fire. protection system, the Budding Official may issue a Certificate of Completion. This Certificate shows that a structure or system has been .inspected for compliance with.-the Technical. Codes, that construction has been completed, ',and hat the structure or system may be connected to a utility system. This Certificate. does not :grant authority to occupy or connect a build- . ing, .such as a shell. building, prior to the issuance of a Certificate of .Occupancy. 12. Utility Service (a) Connection of Utility Service..- No .person shall make connections from a utility, source of energy, fuel or power to any building or,system Ghat is regulated by the Technical Codes and for .which a permit is required, until the building or system: is released by the Building Official and a Certificate of Occupancy or Completion is issued, js/c/nov95/chap3amd. doc 01/26/96 Ordinance No. 2158 Page 16 (b) Temporary Connection of Utility Service. The Building Official may authorize the temporary connection of the building or .system to the utility, source of energy, fuel or power for the purpose. of testing building service systems or for use under a temporary Certificate of Occupancy. (c) Authority to Disconnect Utility Service. The Building. Official shall have. the authority to authorize disconnection of utility service to the building, structure or system regulated ,by the Technical Codes, in case of emer- gency .where necessary. to eliminate an immediate hazard to life or property. The Building Official shall notify the serving .utility, and whenever reasonably possible, the owner and occupant of the building, structure or user of the service. system of the decision to disconnect prior to taking uch action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical. thereafter. ~- 13. Posting Floor Loads - (a) Occupancy. An existing or new building .shall not be occupied for any purpose that will cause the floors thereof to be .loaded beyond their acceptable safety :limits as designed and constructed. The Building Official may. permit occupancy of a building for mercantile, commercial or industrial.' purposes, by a specific business, when he is satisfied that such capacity will not thereby'be exceeded. (b) Storage and Factory-Industrial Occupancies.. It shall. be the responsibility of the owner, agent, propnetor or occupant of Group S and Group F occupancies (as defined in the Standard .Building Code as adopted by .City), or any occupancy where excessive floor loading .is likely to occur, to employ a competent architect or engineer in computing the safe..load capacity. All such computations. shall be accomparned by an affidavit from the .architect or engineer stating the safe allowable floor load on each floor in pounds per square foot. uniformly distributed. The compu- Cations and affidavit shall be filed as a permanent record of the Building Department. (c) Signs Reguired. In every building or part of a building used for storage, industrial or hazardous purposes, the safe floor loads, as reviewed by .the Building Official on the plan, shall be marked on plates or approved design that shall be supplied and .securely affixed by the owner of the building in a conspicuous .place in each story to which they relate. Such plates shall not be removed or defaced, and. if lost, removed or defaced, shall be replaced. by the owner of the building. D. TESTS The Building Official may require tests or test reports as proof of compliance with the Technical Codes. Required tests are to be made at the expense of the owner, or his agent, by an approved testing laboratory or other approved agency. js/c/nov95/chap3amd.doc 01/26/96 2158 Page 17 Ordinance No. E. CONSTRUCTION: BOARD OF ADJUSTMENTS AND. APPEALS 1. Appointment There is hereby established a Board to be called the_Construction Board of Adjustments antl Appeals, which shall' consist of seven members and"two alter- Hates. The Board shalt be appointed by the governing body of the City. 2. Membership and Term of Appointment (a) Membership. The Construction Board of Adjustments and Appeals shall consist of seven members. The. Board shall. be composed. of individuals with knowledge and experience in the Technical Codes, such as design professionals, contractors or building industry representatives. In addl- tion to the regular members, there should be two (2} alternate members,. one member at large from the building industry and one member at large from the public. A Board member shall not act in a case in which he has any conflict of interest. (b) Terms. Three (3} members of the Board and the Chairman shall initially be .appointed to serve a wo-year term. The. remaining three members of the Board shall initially be appointed to serve aone-year term. Subse- quent appointments to the Board shall be for two-year terms; in order to stagger the terms of office of the Board Members. so that only a portion of the Board is 'appointed or .replaced in any 12-month period.. The two alternates if appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term. Continued absence of any member from re- quired meetings of the Board. shall, at the discretion. of .the .governing body. of the City, render any such member subject to immediate removal from office. (c} Quorum. and Voting. A simple rajority of the Board shall constitute a quorum. In varying. any provision of this Code or the Technical Codes, the affirmativevotes of the majority present, .but not less .than four (4) affirmative votes shall be required. In modifying a decision of the Building Official', not less than four (4) affirmative votes, but not less than a majority of the Board, shall be required. In the event ,that regular members are unable to attend a meeting, the alternate members shall vote. (d) Secretary of Board. The_Building Official shalt appoint `a Secretary to record ..minutes. of the `meetings of the Board and to make a detailed record of all of its proceedings; which shall. set forth the reasons for its decision, the vote of each member, the absence of a member and any failure-of a member to vote. 3. Powers The Construction Board of Adjustments and Appeals shall have the power, as further defined in this chapter, to hear appeals. of decisions and interpretations of the Building Official and to consider vanances to the terms of the Technical Codes. js/c/nov95/chap3amd. doc 01/26/96 Ordinance No 2158 Page 18. 4. Appears (a) Decision of the Building Official. The owner of a building, structure or service .system, or his duly authorized agent, may appeal a'decision of the Building Official to the_ Construction Board of Adjustments and Appeals whenever any one of the following conditions are claimed to exist: (i) The Building Official rejected or refused o approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. {ii) The provisions of this Code or the Technical Codes do not apply to this specific case. (iii) An equally good or more desirable form of ..installation can be employed m any specific case. (iv) The true intent and meaning of this Code or the Technical Codes or any of the regulations thereunder, have been misconstrued or incorrectly. interpreted. (b) Variances; The Construction Board of Adjustments and Appears, when so appealed to and after a hearing, may vary the application of any provision of :this Code or the Technical Codes to any particular case when, in its opinion,-.the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Code or the Technical Codes or the public interest, and also finds all of the following: (i) That special conditions and circumstances exist that are peculiar to the building,'structure ~r service system involved and that are not applicable to others. (ii) That the special..-conditions and circumstances do not .result from the action or inaction of the applicant. (iii) That granting the variance requested will not confer on the' appli- cant any special' privilege.. that 'is denied by 'this Code or the Technical Codes to other buildings, structures or service system. (iv) That the variancegranted rs the minimum variance that will, make possible the reasonable use of the building, .structure or service ..system. (v) That the grant, of the variance will be in harmony with the general intent and purpose of'this Code ,or the Technical Codes and will .not be detrimental 'to the public. health, safety and general welfare.. In granting the variance, the. Board may prescribe a reasonable time limit within which the action for which the variance is ',required shall be commenced-or completed or both. In addition, the Board .may prescribe appropriate conditions and safeguards in conformity with this Code or js/c/nov95/chap3am d. doc .01/26/96 Ordinance No. 2158 Page 19 the Technical Codes. Violation of the conditions of a variance shall be deemed a violation of this Code. (c) Notice of Appeal. Notice'of appeal shall be in writing and filed within thirty. (30) calendar days after the decision is rendered. by the .Building Official. 'The notice of appeal shall be in a form acceptable to the Build- ing Official. 5. Procedures Of The Board (a} Rules and Regulations'. The Board shah establish rules and regulations foi- its own procedure not inconsistent with the provisions of this. Code or the Technical Codes. The Board shall. meet on call. of the Chairman. The Board shall meet within thirty (30) calendar days. after notice of appeal has been received. (b) Decisions: The Construction Board of Adjustments and Appeals shall, in - every case, reach a decision without unreasonable or unnecessary delay. Each decision of the Board shalt also include the reasons for the decision. lf'a decision of the Board reverses or modifies a refusal, order, or disallowance of the Building Official or varies. the application of any provision of this Code, the Building Official shall .immediately take action in accordance. with such decision.. Every: decision shall be promptly filed in writing in the office of the Building Official and shall be open to public inspection'as required by State law. An official copy of the decision shall be sent by .certified mail or by hand. delivery to the. applicant and a copy .shall be kept publicly posted in the office of the Building Official for two weeks after filing. Every decision of the Board shall be final, subject.. however to such remedy as' any aggrieved party might have at law or in equity. F. BUILDING AND STANDARDS COMMISSION 1. Creation Of The Building And Standards Commission There shall be appointed by the City Council. a building and. standards. commis- sion to hear and determine cases concerning violations of the building code. (a) Commission Members.: The commission shall consist. of five (5) appointed..members appointed for two-year terms and four (4) ..alternate members who shall serve in the absence of one or more of the regular members-when requested-to do so by ahe mayor or City Manager. The alternate commission members serve for the same period ,and are subject to removal in the same manner as the regular members. (b) Removal The City Council. may remove a commission .member for cause on a written charge. Before a decision regarding removal is made, the City Council shall hold a public hearing on the 'matter if requested by the commission member subject to the'removal actiom. 2. Hearings Before The Commission (a) Number. All cases heard by the commission shall be heard by at least four members. js/c/nov95/chap3amd. doc 01/2Q/96 Ordinance No. 2158 Page 20 (b) Rules. The: commission may adopt rules and .establish procedures for use in hearings, providing ample opportunity for presentation of evidence and testimony by persons opposing charges brought`by the. municipality through thee: Building Official or the Fire Marshal relating. to alleged viola- tions. The Commission shall appoint a chairman and'an acting chairman to actin the chairman's :absence. {c) Meetings. The meetings of the commission shall be held at the call of the. Chairman and at other times established by the Commission. The meetings shall be open to the public. (d) Minutes. The Commission shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. 'The Commission shall keep records of its exami- nations and other official actions. The minutes and records shall'be filed immediately in the office of the Commission as public records. (e) Vote. The concurring vote of four members of the Commission is neces- sary to take any action. 3. Representative The Building Officiaf'or the Fire. Marshal is hereby designated as the represen- tative of the municipality before the Building and. Standards Commission. (a) Investigation. When the Building Official or the Fire Marshal. determines, whether on his own initiative or as a result of a complaint, that a building, dwelling or structure is an unsafe building'. within the meaning of the Code of Ordinances, he shall upon the-completion of his-investigation document the violations. (b) Determination. lf, upon the conclusion of his investigation, the Building Official, or the Fire Marshal; concludes that there is a; probable cause to believe that the building is substandard, dilapidated or unfit for human habitation and a hazard to th'e public health, safety and welfare, he shall make a report to the Commission and give notice of a .hearing. to the owner, lienholder(s) and mortgagee(s),,all parties having a legal interest in the premises, :and to such other persons as the Commission may direct. 4. Function Of The Commission. Cases Heard. The Commission may hear cases. concerning violations of ordi- nances that regulate:. (a) the preservation. of public safety, relating to the materials or methods used to .construct a building or improvement, including the ..foundation, structural elemenfs, electrical wiring or apparatus, plumbing and fixtures, entrances and exits; (b) relating to the fire safety of a building or improvement, including provi- sions relating.'. to materials, "types of construction or design, warning js/c/nov95/chap3amd. doc 01/26/96 Ordinance. No. 2158. Page 21 devices, sprinklers or other fire suppression devices, availability of water .supply. for extinguishing fires, or location, design or width of entrances or exits; (c) relating ao .dangerously damaged or deteriorated buildings or improve- merits; (d) relating to conditions. caused by accumulations. of refuse, vegetation or other matter that creates a breeding ground for insects and rodents... 5. Notices Of Hearings (a) Notices sent. The Building-0fficial or the Fire Marshal, or their designee, shall send to .the property owner and each mortgagee and lienholder notice of the hearing in the following manner: (1) by delivery to each party personally or by leaving the notice at the usual place of abode of that. party with a person of .sixteen (16) years of age or older or by depositing the notice in United States mail addressed to the- party at his last known address, certified mail return receipt requested. (2) by posting on the property and keeping posted for hirty (30) con- secutive days notice of the hearing, m placard form, m a conspicuous place; (3) by publishing notice in the Bryan/College Station Eagle, at least twice. (b) Violations. It shall be unlawful for .any .person to remove, deface or cover such notice posted ...pursuant to 106.5.1(2) until after thee. date of the hearing.. (c) Contents.. The notice of the hearing shall (1J be in writing; (2) state the time and place of the hearing; (3) include a description of the building and property on which it is located sufficient. for identification; (4) list all of the owners, Iienholders and mortgagees shown to have a legal interest in the property; (5) provide a description ~f the violation(s) of the municipal ...standards.. that. is(are) present at the building; (6) A .statement of the .action... that.. will be recommended to .the Commission by the Building Official, Fire Marshal, or Code Enforcement Manager which may include .vacating, securing, removing',or demolition of the building or relocating the occupants of he building' js/c/nov95/chap3 amd. doc 01/26/96 Ordinance No, 2158 Page 22 6. The Hearing Presentation of evidence. The Commission shall provide each party an oppor- tunity to present evidence and cross examine witnesses at the hearing. 7. Action Of The Commission (a) ' Decision. The Commission may declare a building substandard, dilapi- dated or unfit .for human habitation and.: a hazard to the public health, safety and welfare. (b) Remedy. The ;Commission may order, in an appropriate case, the immediate removal of persons or .property found on private property, enter on private property to secure the removal if ifi is determined that conditions. exist on the property that constitute a-violation of an oi-di- Hance, and order action to be taken as necessary to remedy, .alleviate, or remove. any substandard building found to exist. (1) If the Commission declares a building substandard, dilapidated or unfit for human habitation and a hazard to the public, health, safety and welfare, it_may ..order the building to be vacated, secured, repaired,:: removed or demolished or for the occupants to be relocated within a fixed period time. (2) The order. shall provide that the owner has a fixed period of time to comply and will also provide an additional fixed period of time for compliance by the mortgagee(s) and lienholder(s) in the. event that the owner fails to comply with the order of the Commission within the`time period provided to him. (3) If :the Building .Official, Fire Marshal,. or Code Enforcement Manager finds that the owner has failed to comply with the order he shall notify .the mortgagee(s) ,and lienholder(s) in writing by certified mail return receipt requested with a copy of the order of the Commission. (4) If the Building Official or the Fire Marshall, or their designee, finds that neither the owner nor the mortgagee(s) and lienholder(s) have complied, he shall notify the Commission. (c) Peace Officer. The Commission may issue orders-or directives... to any peace officer of he state, including a sheriff or constable or chief of the City. of College :Station police force, to enforce and carry out the lawful orders or directives of the Commission!. (d) Fai ure of Lienholder. If shall be unlawful for the owner, lienholder(s) or mortgagee(s) to fail to',comply with an order of the Commission. (e) Civil Penalty. The Commission may determine the amount and duration of a civil penalty that it may impose. (1) The civil penalty may only.. be enforced if the municipal Secretary has filed with the. District Clerk of Brazos County a certified copy js/c/nov95/chap3 amd. doc 01/26/96. Ordinance No. .2158 Page 23 of the order of the Commission establishing the .amount and duration of the penalty. No other proof shall be required for a district court to enter final judgment on the penalty. (2) The determination of the. Commission .with regard to the civil penalty is final and binding. and constitutes prima facie. evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the City for final judgment. (3) The civil penalty shall accrue interest at a rate of ten (10) percent per year for the date of the assessment until paid in full. {f) Commission Action. If a building is not vacated, secured, repaired, removed or demolished, or the occupants are not relocated within the allotted. time, the Commission may, upon _the recommendation of the Building or Fire -0fficial, order the City to vacate, secure, remove or demolish the building or relocate the occupants at City expense. (1) The Commission may only order the repair. of a residential dwell- ing unit vvith ten (10) or fewer dwelling. units. (2) The Commission may only .:order the repair to -.the extent neces- sary to bring .the building into compliance with minimum City standards. The repairs may not improve the .building to the extent that the building exceeds minimum housing standards. (g) Lien. The Commission shall order the; City Attorney to place a lien against the property for the expenses incurred. (1) The Gommission may place a lien against the property unless it is homestead. (2) The City Attorney shall record the lien at the office of the county .clerk in Brazos'County, Texas. (3) The lien notice shall contain. the name and address of the owner if that information can be determined with reasonable effort, a legal description of the property on which the building was or is .located,.. the amount of the expenses incurred by 'the City of College Station and the balance due. (4) The lien hall be a: privileged lien subordinate only. to tax liens and all previously :recorded bona #ide mortgage .liens attached to the property:. (5) The lien.; may 'not be foreclosed if the property on which the repairs were made is occupied as a residential homestead. by a person 65 years of age or older. (6) The expenses incurred shall accrue interest at a rate often (10) percent ;per year .from this date of the assessment .until paid in full..., js/c/nov95/chap3amd. doc 01/26/96 2.158 Page 24 Ordinance No: g. Appellate Review Notification of decision. The decision of the Commission shall be mailed by first class mail, certified return receipt requested. Any party shall have thirty (30) days.. from the date of mailing to file a petition. A copy of the order shall be published in the Bryan/College Stafion Eagle within ten (10) calendar days after the date of mailing of the notice. A copy. shall be filed with the City. Secretary. Appeal in the district court shall be limited to a hearing under .the .substantial evidence rule. The decision shall become final if no .appeal is taken within the thirty (30) daytime period. C. Severability If any'section, subsection, sentence, clause or phrase of this Code or the Technical Codes is for any reason held #o be unconstitutional, such decision shall not affect the validity. of the remaining portions of this Code or the Technical. Codes.. 1-I. Violations And Penalties Any person, firm, corporation or agent. who shall violate a provision of this Code or the Technical Codes, or fails to comply therewith, or with any of the requirements thereof; or who shall erect; construct, alter, install;. demolish or .move any 'structure,. 'electrical, gas, mechanical, plumbing or fire protection system, or has erected, ..constructed, al- tered repaired, moved or demolished a building, structure, electrical, gas, mechanical, plumbing or fire protection system, in violation of a detailed statement or drawing sub- matted and permitted thereunder, shall be guilty of a misdemeanor. Each such person shall 'be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of'this Code or the Technical Codes is committed or continued, and upon conviction of any such violation such person shall be punished with a fine pursuant to the general penalty section of the Code'of Ordinances.°' That Chapter 3, Appendix 1 -Standard Building Code Adopted, of the Code of Ordinances of the City of College Station is hereby amended to read as follows: "STANDARD BUILDING .CODE ADOPTED A booklet entitled 'Standard Building Code 1994 Edition' as amended and as hereafter may be amended, at least :one (1) copy of which is on file in the office of the Building Official of the City of College Station, Texas, is hereby::adopted and designated as the>Building Code of the City of College Station, Texas. AMENDMENTS TO STANDARD BUILDING CODE A. The above referenced .Standard Building. Code is hereby amended as follows: 1. Section 102.2.1 is amended to provide that the Building Official is an employee- at-will and may be terminated; as per the personnel manual 2. Section. 103.5 is amended by deleting.: therefrom the following sentence: 'All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition. in accordance js/c/nov95/chap3amd. doc 01/26/96 Ordinance No. 2158 Page 25 with the. provisions of the Structural Standard ..Code for the :elimination. or repair of unsafe buildings.' 3. Section 104.1.1 is amended in addition to read as follows: 'Home Owner Permit - A property owner shall obtain a building permit forwork to be done by him on a building owned and occupied. by him as his homestead. After six (6) months of inactivity, the permit is voitl and must be re-permitted. by the homeowner or a contractor at the- :discretion of the Building Official. Electrical, plumbing and mechanical systems must be installed by licensed .contractors ' 4. Section 104.4.5 hall be added to read: 'There shall be no combustible or flammable:-materials placed on.site,.lot or subdivision where waterlines and fire hydrants as required 'by thee. applicable :subdivision. regulations are not com- pleted and in service and where all-weather ..access for emergency vehicles does not .exist to within one hundred .fifty feet. (150') of the most remote part of the structure.' . 5 Section 1.04.5 shall be added to read: 'Building Contractors. It shall be the. dutyof every contractor who shall make contracts for the installation or repair of buildings for which. a permit is required, and every contractor or builder making such contracts and subletting the same or .any part thereof, to .register his'name and license with the .Building. Official, giving full name, residence and place of business, and in case of removal from one place #o another to have made corresponding change to the Building Offi- cial. Plumbing Contractors. Plumbing contractors that have a State. of Texas Master Plumbing Contractor's License must register their license with the City of College Station before a permit will be issued by the City. Air Conditioning Refrigeration and Heating Contractors. Air conditioning and heating contractors that. have a State of Texas Air Conditioning, Refrigeration and Heating Contractors License must register their licenses with the City of College Station before a permit will be issued by the City: Lawn Sprinkler or'Irrigation Contractors. Lawn Sprinkler or Irrigation Contractors who have a .State of Texas .License must register their license with the City of College Station before a permit will be issued by the City. Electrical Contractors. Electrical Contractors who .have a Master's License must pay 'a registration fee to the City of College Station before a permit will be issued by the City. Before a icense is registered'by the City, applicant shall. provide adequate proof of insurance coverage for bodily m~ury, property damage and worker's compen- sation in the #ollowing amounts: (a) $300,000 combined singlelimit;. (b) Worker's Compensation in accordance with the State of Texas. All .Contractors.. Each. vehicle used shall .have .affixed 'to the back window driver's side identification numbers and letters two inches (2") high as follows: js/c/nov95/chap3a~nd. doc 01/26/96 Ordinance No. 2158 Page 26 For Building Contractors - For Electrical Contractors - For Plumbing Contractors - For Air Conditioning Contractors - For Irrigation Contractors - C.C.B.R. (Registration..No.) GC.E.R. (Registration No.) C.C.P.R. (Registration No.) C.C.A.C.R. (Registration No.) C.C.I.R. (Registration No.) Use State of Texas License number, if applicable.' 6. Section 411..1.3 shall be added to read: 'Accessory -Portable Storage Building. Portable storage buildings are defined. as those: portable storage buildings that are not permanently affixed to the ground. One accessory portable storage building, not over onehundred;(100) square feet in area, per residential lot will be allowed in the rear yard: without a building permit if it can be .moved and sanitary facilities, water supply, and electric system are not contained in the structure and structure is noteplaced in surface drainage: easement.' 7. Section 412.1.1 is amended by deleting therefrom. the phrase 'or areas of refuge (compartmentation} in accordance with Section 412:9.' 8. Section 412.1.1 #5 shall be added to read as follows: 'All enclosed stairways are to be pressurized.' 9. Table 500 shall be amended by the addition of the superscript'. 'K' to the allowable areas. tabulated in the Type IU, V, VI, columns. for Group R Occupancy,. story height three (3) and above, and the addition to the table of a new note 'K' to read: 'Two'(2} remote independent means of egress from each floor area occupied by separate tenants shall be provided.' 10. Section 704.3 shall be added to read as follows: '704.3 Public Rental Storage Warehouse: - (A) A public rental storage warehouse is a structure' used solely for storage occupancy, which is divided mto separate :spaces accessible to each #enant and in which the management does not bear responsibilities as a ware- fiouseman. (B) Tenant'. separationshall not be required in a public rental stor- age vvarehouse. {C) A wall having fire resistance of not less than two (2) hours, .::parallel to the longitudinal axis of the building and dividing the building into two (2) parts of equal area insofar' as the configuration of rental spaces permits, shall be provided in each public rental storage warehouse building. 11. Section 803.3 -Table 803.3 shall be amended to read as follows: 'Minimum flame spread classifications for all .group A-Assemblies shall be Class A interior finish material in exit corridors and exits when sprinklered.' 12. Section 803.4 shall be amended with the first paragraph to .read as follows: 'Delete Exceptions.' 13. Section 903.8.4 shall be added as follows: 'An approved automatic sprinkler system shall be provided in group A-Assembly occupancies (except churches), when a group A-Assembly total floor area. exceeds seventy-five.. hundred (7500) square feet.' 14. Section 903.8.5 shall be added to read as follows: '(7) An approved sprinkler system shall be provided in all structures where the total building area exceeds #ifteen thousand (15,000) square feet and in all structures exceeding two stories 'in height.' js/c/nov95/chap3amd. doc 01/26/96 Ordinance No. 2158 Page. 27 15. Section 903.8:6 shall be added to read. as .follows: 'An approved sprinkler system shall be provided in all. hotels and. motels.' 16. Section 904.5.3 shall be added as follows: 'The one and .one-half. inch. (1 1/2") wef standpipe hose and nozzles is not required; however, the .Fire Department risers .and hose connections :are to be provided m the corridor and not in the stairway.' 17. Section 1803.1.2 TRENCH SAFETY. On all construction. projects, public or pri- vate, within the boundaries of the-City of College Station, or within the extra-. territorial jurisdiction, the bid document and the contract. shall contain: (a) Detailed plansand specifications for adequate safety systems that meet OSHA standards, and {b) A pay item for those safety systems. (c)_ This requirement shall not apply to persons subject to safety standards adopted under Article 6053-1, V.T.C.S., .and subject to the administrative penalty provisions of Article 6053-2, V.T.C.S. (d) Violations will be reported to OSHA and the job superintendent. 18. Section 2304..1.2 shall be amended by adding: 'AII concrete slabs at grade shall. have.. special termite protection by soil treatment or other approved methods of termite protection:' 19. All Appendices except D and Hare hereby adopted. 20. The CABO 1992 One and Two Family Dwelling Code, adopted in Appendix C to the Standard Building Code 1994 Edition, is hereby amended as follows: 'R - 202.1 Exterior walls: Is deleted in its entirety and replaced with the follow- ing: °Exterior walls located less than three feet (3') from property ,lines shall have not less than a one (1) hour fire resistance rating. The fire .resistance rating of exterior walls located less than three feet (3') from property line shall be constructed for exposure from the inside wall only." Those one and,two family structures located less than three feet (3') from a vacant lot or identified common area (greenbelt area, etc.) need not comply with :the fire resistance rating requirement:" R 210.2 Emergency egress openings:. In the second .paragraph, the second and third "sentences are amended to read: All egress or rescue windows from sleeping rooms must have a minimum opening .height: dimension of 24 inches and a minimum opening width dimension of 20 inches. Thee minimum net clear opening shall be 3.33 square' feet." M - 1101.1.4 Attic installations: Is amended to add the following sentence: "When no attic equipment is installed, an opening of twenty inches (20") by twenty-four inches (24"), minimum; is allowed.' js/c/nov95/chap3 amd. doc OI/26/96 Ordinance No. 2158 B. REGISTRATION FEES. Page 28 Registration fees forcontractors shall be set by Council resolution... C. TEMPORARY OCCUPANCY OF STREETS WITH BUILDING MATERIAL, ETC. 1. Permit and Bond Hereafter any person or persons, .firm, or corporation desiring to .temporarily occupy any portion of any public street, alley., or sidewalk .within the City of College Station for the purpose of placing thereon material or rubbish for or from building operations, or for any purpose whatsoever connected with the erection,. removal, .alteration, or repair of any building or other structure, .shall. apply to the Building Official #or a permit for such temporary occupation as aforesaid, and it shall be unlawful. to occupy or obstruct any street, alley, or sidewalk, as afore- said, without_ a permit therefor from the Building Official, which permit shall not. be issued until the person, persons, firm,. or corporation applying therefor shall have first presented a-building permit with a .bond approved by the City Attor- ney, 'conditioned that the principal therein will discharge all .claims of every character arising from or occasioned by such occupancy of such street, alley, or sidewalk `or thee. construction or repair of such building or the making of such excavation and discharge: all judgments 'obtained, ' ogether with `all' costs attached thereto .against the City of College: Station, by reason of any such claim,` injury, or damage sustained., and every person or persons, firm, or corpo- ration carryrng on any' uch. excavation or building operation shall keep all streets, alleys, and sidewalks adjacent to such excavations or building opera- tions carried on by them, in a, clean. and orderly condition, and unobstructed, except as provided herein, during such operation, and at-the expiration of the time stipulated in the .permit aforesaid, they. shall restore all such. streets, alleys,. and sidewalks to as good condition as' they were before the beginning of such operations. 2. Requisite of Permit Permits for temporary street, alley, or sidewalk occupancy.as hereinbefore pro- vided shall be issued by the Building,Official, shall be in writing, :and shall be for a period of time .not to exceed ninety (90) days, such. as said Building Official may deem expedient; :provided that such time may be extended by the City Council of the City of College Station; such permit shall specify how much of the street, sidewalk, br alley shall be obstructed, .which amount of obstruction shall be within the discretion of the Building Official;-,provided that nof'more than one- half (1l2) of any alley, not more than` two-thirds (2/3) of any sidewalk, nor more thanone-fourth (1/4) of any street shall. be obstructed. 3. Protection of Sidewalks Wherever. any portion of any street, alley, .or sidewalk shall be obstructed under a permit as hereinbefore provided, the sidewalk or driveway thereon shall be protected ' by a covering., which shall be sufficient to protect the .:public from danger attendant upon such 'buildirtig and: a .driveway and sidewalk. sufficient in the opinion of_the Building Official, kept in good condition fortravel; and a failure to comply with this subsection shall immediately work a forfeiture of the permit given thereunder and all the rights and privileges granted therein. js/c/nov95/chap3amd. doc 01/26/96 Ordinance No. 2158: Page 29 D. .CONSTRUCTION OF SIDEWALKS AND CURBS 1. License and Permit Required Hereinafter no person, persons, firm, or corporation shall >lay construct, build., repair, or rebuild any sidewalk, curb, gutter, or driveway on any .street, alley, or thoroughfare within the: City of College .Station, .without-first having obtained from the City Engineer a license to do such work,. having made and executed a bond to said City in the sum of Two Thousand Five -Hundred 'Dollars ($2,500.00),: having paid a license fee of Ten Dollars ($10.00) per annum, and having obtained apermit -from the` City Engineer to do such work. Provided, however, that for building construction, only the :construction of sidewalks, .curbs, .gutters, driveways,'and approaches #o a building may be included in the building contractor's permit for the: construction-of the building if application to construct such sidewalk, curb, gutter, driveway, and. drive approach is made at the time the building.. permit is applied fora. Provided further, that the preceding sentence shall allow only the building contractor himself to construct curbs, gutters, sidewalks, driveways, and drive approaches. on his building contractor's bond'. without the necessity of making.. a separate cement bond for their construction, and `the preceding sentence shall not apply if the building contrac- for contracts with another to construct the sidewalks; curbs, gutters, driveways, and approaches. The building contractor shall have the construction of such sidewalks, curbs, gutters, driveways; and drive approaches inspected and approved by the City Engineer. Where the building contractor avails himself of the provisions of this. subsection,.. he shall 'be responsible for the .construction,. and maintenance of such concrete construction in the same"manner as individ- uals holding' a license to do such concrete': work, and his building contractor's bond' shall be amended and supplemented'to comply with this subsection. 2. Requisite of License and Bond The license hereinbefore mentioned shall be .issued. and approved by the City Engineer,. and before the issuance of same, the applicant shall file in the office of the City Engineer a statemenf of his qualifications, .together with a surety bond in the:penal sum of Two Thousand Five Hundred Dollars ($2,500.00), con- ditioned that said applicant will indemnify and save harmless the City of College Station from any and .all damages of every character arising. from or caused directly or' indirectly by negligence in- doing. said work, or for any imperfect or '' inadequate work done by the applicant, and that he will maintain. said work in a good and workmanlike state of repair #or and during a period of one (I) year from and after `its completion and acceptance by the City.:-Said statement of qua ifications approved by the :City Engineer;. together with bond, and date of issuance shall be filed by said City Engineer with the City Secretary. The applicant shall also state _in his application fora license, his .place of busi- ness, and shall notify the City Engineer immediately of :any and every change in address or style of his firm. All such bonds shall be subject to the approval'of the City Attorney, and .shall run fora ,period of one (I) year from date, or until revoked as hereinafter provided. E. PERMIT REQUIRED FOR STREET, SIDEWALK AND ALLEYWAY CUTS (1) No person shall cut or in anyway damage the streets, alleyways or sidewalks-of the City of College Station for the installation of any materials and/or equipment without a permit. js/c/nov95/chap3amd: doc 01/26/96 Ordinance No, 2158 Page 30 (2) A permit to cut a street, alleyway or sidewalk shall be applied for from the City Manager or his delegate. (3) Any person who applies-.for a permit shall pay the cost. of the issuance of the permit, the repair of the street, sidewalk or alleyway "and the cost of the inspec- tion of such repair, which fees shall. be set by resolution from time: to time. The City at its option may elect for the applicant:to pay the estimated costs of repairs as a deposit prior to the issuance of the permit with said deposit not being less than the minimum payment set out by resolution. In the eventthatthe cost exceeds the deposit the applicant shall remit the remainder of the cost to the City..In the event that the cost is less than the deposit,. the overage shall be remitted to the applicant. (4) Any person who without a permit cuts or otherwise damages a street, sidewalk or alleyway in the installation of any materials or equipment, or refuses to pay for repairs,. shall be guilty of an offense punishable under this Code of Ordi- nances. (5} Applicant may be authorized to .make temporary or permanent repairs. pursuant to City's. specifications. If the permit authorizes the applicant to make repairs, then he applicant shall: warrant: the work for 365 days from the date of inspec- tion and acceptance by City. (6) Any person wha#ails to comply_with the terms of this ordinance shall be guilty of an offense .punishable under this Code of Ordinances." F. ENCLOSURE OF SWIMMING POOL 1. Fences Every outdoor swimming pool shall be completely surrounded by a fence or wall not less than four feet (4'}'.high, which shall be so constructed as not to have openings, holes, or gaps larger than four inches (4") irr any dimension except for doors and,gates and if a fence. is erected or maintained, the horizontal spacing between pickets shall not exceed four' inches. (4"). A dwelling house or acces- sory:building maybe used as a part of such enclosure.: 2. Gates All gates or doors>opening through-such enclosure shall be equipped with a self- closing and self-latching device for keeling the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. 3. 'Applicability This; requirement shall be applicable to all new swimming :pools hereafter con- structed, other than indoor pools, and shall .apply. to all existing pools which have a design possible depth of eighteen inches (18") or more of water at any point. No person in 'possession of wand .within the: City, either as owner, purchaser, lessee,. tenant, oi- a licensee, upon which is .situated a .swimming pool having design: possible a depth of eighteen inches (18") or more of water at any point shall fail to provide and maintain such fence or wall as herein provided. js/c/nov95/chap3amd.doc 01/26/96 Ordinance No. 2158 4. Modifications. Page 31 Thee City of .College Station Construction .Board of Adjustments. and .Appeals may' make modifications'in individual cases, upon a showing of good cause with .respect to the height, nature of location of the fence, wall, gates. or latches, or the necessity therefor; provided the protection- as sought hereunder is not reduced thereby. The Construction Board _of Adjustments and Appeals of the City may permit other protective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is .not less than the protection afforded by the fence, gate, orlatch described herein. The Building Official hall allow a reasonable period within which to comply with the ` requirements of this subsection. 5. Swimming Pool Defined The term swimming pool as used herein shall mean a body of water in an artifi- cial= or semi-artificial receptacle or other container located outdoors, used or :intended to be used for public, semi-public, or private swimming by adults or 'children, or both adults and .children, operated and maintained by any person, whether he be an owner, .lessee, .operator, licensee, or concessionaire, and shall include swimming pools.. used or intended to be used solely by the owner or friends. invitedao use. it without payment of any fee. G. BUILDING PERMIT. FEES Building permit fees will be established`by City Council resolution adopted pursuant to Chapter 14 of the Code' of Ordinances. An official copy of the latest such fees shall remain on file in the Office of the City Secretary at all times." III. That Chapter 3, Appendix 2 =Electrical Code Adopted, of the Code of Ordinances of the City of College Station is hereby. amended to read as follows: "ELECTRICAL CODE. ADOPTED A booklet entitled 'National Electrical Code 1993 Edition' as amended and as hereafter may be amended,. at least one' (1) copy of which is orr file in the office of the Building .Official of the City of College Station, Texas, is hereby .adopted and .designated. as the Electrical Code of the City of College Station, Texas. AMENDMENTS TO NATIONAL ELECTRICAL CODE A. The above referenced Nationat.,Electrical Code is hereby. amended as .follows: 1. Section 210-23(a) shall,be amended to include after the words :'...are also supplied' the following. sentence: 'However, a circuit of fifteen (15) amperes shall not serve more'than ten openings.' 2. Table 210-21(b)(2) or (b)(3) shall be amended by adding the following: 'Refer- ence all 14 AV1/G :conductor indicated in the. table with asterisks (***) and add this footnote at the bottom of the table *** special note: Except for- fixture wires in lJL or other listed.: fixtures,, no conductor of a size smaller than 12 AWG copperis allowed in residential wiring.' js/c/nov95/chap3arnd. doc 01/26/96 Page 32 Ordinance No. 2158 3. Section 210-52(b) .shall be amended by adding the following: 'Exception No. 4: A separate circuit is required for each refrigerator, deep freeze, dishwasher, e ' s.. disposal, trash compactor or any other load exceeding six (6) amper 4. -52(c) shall be amended by adding .the following at the end of the Section 210 ' s . or any section: 'Exception: A separate circuit. is required for. microwave oven other counter top: appliance with a load exceeding six (6) amperes.' 5 Section 210-52(f) shall be amended to include after the words '... for,the laun- . dry.' `the following sentence:. 'However, a separate .circuit is .required for a appliance with'a load exceeding six (6) laund th y ry er o washing :machine or an amperes.' 6 Section 210-52 shall be amended. by adding the following. subsection:.. 'Q) Other . Locations. A separate circuit is required for each well pump. or other outdoor loads exceedingsix (6) amperes.' 7 Electrical Code shall be amended by adding the following section: '230-11 The . . Meter Mounting Heights. Individual. meters shall be mounted at a height not greater than 5'-6" noriess than 4'-6"above finished grade. Meterpacks shall be " ' " -0 nor less than 4 mounted with its horizontal centerline not greater than 4'-6 above finished grade.' 8 Section 230-72 shall be amended by adding section (d) to read:. '(d) Location: . The service disconnecting means shall be installed at a readily accessible loca- tion. 'Such location shall be on the outside of commercial buildings or sti-uc- tures. Residential buildings may provide this disconnecting means. either outside or inside the. nearest: point of entrance of the service conductors.' 9. Section 250-83(c)(1) and (2) shall be amended by allowing only copper coated grounds. 10 Section 310-2(b) hall be amended to read as follows: 'Conductor Material. . Conductors in this article'shall be copper only.' 11 Section 333-6(b)> shall be amended to read as follows: 'Uses Not Permitted. . Type. AC cable shall .not be permitted in commercial buildings as a wiring method.' 12 Section 334-4 shall be amended to read. as follows: .Uses Not Permitted. Type . MC cable shall not be permitted in commercial buildings as a wiring method. 13 Section 337-3 shall be' amended to read as follows:. 'Uses Permitted... Type . SNM cable shall be used:only as fiollows: (1) where operating temperatures do not exceed the 'rating .marked on the cable, (2) in cable trays or in raceways, and,(3) in residential wiring only.' B. LICENSFNG 1. Licensing as Master Electrician Required. person to do electrical work within the City of College It shall be unlawful for any , Station unless such person is licensed under the provisions of this ordinance by the City of College Station as' a master electrician, or unless such electrical work js/c/nov95/chap3amd. doc 01/26/96. Ordinance No. 21.58 Page 33 is performed underthe personal control, supervision, direction and, responsibility of such a licensed master. electrician. The term 'electrical .work' as used in this ordinance shall mean the installing, maintaining, altering, repairing or erecting of any electrical wiring, apparatus, devices, appliances, fixtures or equipment for which a permit is required under the terms and. provisions of his ordinance, except poles and guy anchors installed by an electric telephone, .telegraph, signal or public service company as a part of its distribution system. 2. ElectricaC Board Created To Administer Licensing Provisions There is hereby created an Electrical Board :consisting-of five (5) .members. The five members of the Board shall beapponted by the City Council. The five shall not be employees of the City, and .one shall be licensed as a master electrician by the City. The Board shall select its own chairman. The members of the Board shah serve at the pleasure of the City: Council except any Board member shall be replaced any time he fails to meet .the criteria for appointment or if his attendance at called meetings falls below seventy percent (70%) for any twelve (12) month period or he fails: to attend three (3) consecutive meetings. The Board shall review .applicants- for license, determine if their experience is such that they are qualified to take the examination, grade said examinations, and determine by majority vote of the '`$oard that a license shall or shall not be issued. Said Board shall determine, by majority vote of the Board, as hereafter provided, when .licenses shall be revoked: for cause. If said Board revokes a license for `cause, the individual whose license is revoked shall cease all electrical work within. the City unless or until said action of the Board is altered by action of the City Council or a court of law. Also serving .with the Board will be an employee from the City who will serve' as a staff liaison. 3. Qualifications for Master Electrician Licenss Anyone desiring to qualify fora 'Master Electrician's License' shall proceed in the following manner: (a) Application for Registration Fee Apply in writing to the Secretary of the Electrical Board by completing application to SBCCI to take the qualifying SBCCI examination. The application shall state the .qualifications and experience of the. applicant and- shall be accompanied by an application fee of Forty-five Dollars ($45.00), (The minimum required experience shall be four [4] years full time employment in electrical work under direcf supervision of a licensed master electrician.) Along with the application shalt -be two (2) letters of recommendation: The letters shall be from Master Electricians or Elec- trical Inspectors who can recommend the applicant for registration. (b) Examination; Administration of Take the examination .required by the City of College Station and admin- istered by SBCCI in College Station, .Texas. The examination: will be given four (4) times each .year, once during each quarter ofi the calendar year. js/c/nov95/chap3amd: doc 01/26/96 Ordinance No~ Z ~ 58 Page 34 (c) Issuance of License; Terms of Upon certification by SBCCt that he has passed the examination and is eligible for he registration as a 'Master-Electrician',-he shall be issued said: registration by the Building Official upon payment of a Twenty-five Dollar ($25.00) fee. Said license shall be .good for .the. period of that calendar year unless revoked by the Electrical Examining Board and only after just cause has been demonstrated. All licenses shall expire upon the .date of"January 31 of the following year in which the license was issued. (d) License Renewals; Fee At leasfi one (1) month prior to, the expiration date of the license, licensee shall '.apply for renewal fora the subsequent year. Unless :said license is -suspended or .has been under suspension, the Building Official is authorized o'issue a renewal of the license upon payment of a renewal fee of Twenty-five Dollars ($25.00). (e) Ineligibility Anyone licensed under the provisions of this or previous ordinances per- taining-thereto who does not practice his profession within the City of College Station for two (2) consecutive years after the date 'he received his license or any subsequent renewaF thereof, shall not. be eligible. for renewal of'his' license. He may, at any later date, re-qualify according to the .provisions of this ordinance. 4. Reciprocal Agreements The City of College Station designee (Building Official) may negotiate reciprocal agreements with other municipalities wherein the license requirements are deemed to be :equal to those of this ordinance. Under 'said reciprocal agree- menu, alcense may be issued #o anyone possessing a` valid license in the mu- nicpality with which the reciprocal .agreement exists without'the applicant'being required tocakethe written and oral examinations provided for in this ordinance. Said. applicant shall be `.required to fulfill all. other requirements and' pay all fees provided herein. 5. Forfeiture Of Any Bonds The amount realized upon the forfeiture. of any bond over and above the expense involved in its forfeiture shall be expended in making the necessary changes in the electric work found'to be contrary to the provisions' of this ordi- nance or deficient in quality or other particulars as specified in the contract or contracts entered'nto and covered by the bond, and the unused balance, if any, shall be paid int® the City Treasury. C. ELECTRICAL INSPECTIONS AND PERMITS 1. WhenPermit Required; Exceptions No wiring, poles, duct line,. guy anchors, apparatus, devices, appliances, fixtures or equipment f®r the transmission, distribution or utilization of electrical energy js/c/nov95/chap3amd. doc 01/26/96 Ordinance No 2158 Page 35 for any purpose shall be installed within the City limits, nor shall. any alteration or addition be made to any such existing wiring, poles, duct lines, guy anchors, apparatus, devices, fixtures or equipment without first securing a'permit therefor from the Building Official, except as stated in the following paragraphs: (a) Replacing Fuses No permit shall be required for replacing :fuses of like rating or lamps or the .connection of portable appliances to suitable receptacles which have .been permanently installed orfor repairs to portable appliances. (b) Replacing Flush or Snap Switches No permit shall be required for replacing. flush or snap switches, recepta- cles, lamp'sockets, the installation of lamps, or minor repairs on perma- nently connected electrical appliances. (c) Conveying Signals No permit shall be required for the installation, maintenance or alteration of wiring, poles. and. down- guys, apparatus, devices, appliances or equipment for telegraph, elephone, signal service or central station protective service used in conveying. signals or intelligence, except where electrical work is done on the primary side of the source of power at a voltage over 50.volts and of more than 500 watts. (d) Wirinq by Electric Public Service Company No permit shall be required for the installation, maintenance or alteration of electric wiring, apparatus devices, appliances or equipment to be in- stalled by an electric public "service company -for the use of such company in the generation, transmission, distribution, sale or utilization of electrical energy. However, an electric public service company shall not do any wiring on a customer's distribution system, including metering equipment wherever located and transformer: vaults in which customer's transformers are located, nor shall any of its employees do any work other than done for said company as hereinbefore .provided for by virtue of this exception. (e) Temporary Wirinq No permit shall be required for the installation of temporary wiring, appa- ratus, devices, appliances or equipmenf used by a recognized electrical training school or college. (f) Railway Crossing Signal Devices No permit shall be required for the installation and maintenance of rail- way crossing signal .devices; when such is performed by due authority of the railroad and m accordance :with the standards of the American Rail- road Association, and in collaboration with and approval of the Department of Public Services of the City of College Station. js/c/nov95/chap3amd. doc 01/26/96 Ordinance No. 2158 Page 36 (g) Suspensions and Revocations (1) The Building Official may,, in writing,.suspend or revoke a permit issued under the provisions of this ordinance. whenever the permit is issued in error: or on the basis of incorrect information supplied or when in violation of any ordinance, regulation or any of the provisions of this ordinance. (2) A permit .maybe canceled upon notification by the owner of the property that the contractor is no longer employed to do work'on said.: property after written notification o the Building Official (3) Failure on the part of any licensed master ..electrician to correct any`defect, error or deficiency in .any work installed under the au- thority of an electrical permit issued. to him within ten. (10) calen- dar-days after written.. notification thereof .from the. Building Offi- cial the Building Official shall,. without further notice, stop the issuance of'permits to such licensed master electrician until such corrections have been. made,, inspected and approved. This provision shall be cumulative of all other penalties provided herein. 2. Notification and Final Approvals (a) Electrician to Notify BUilding Official When any ',part of a wire installation is to be hidden from view by thee. per- rnanent placement of parts. of a building, the licensed electrician to whom the permit has .been issued shall notify the Building Official. ....The licensed electrician to whom the permit has. been issued shall give the Building Official due notice and inspection shall be made periodically during the progress of the work, and where at the discretion of the Building Official or his Assistant it is necessary, he shall post notice on the premises stating that work is approved and may be covered, or it is not approved and may not be covered, untilsuchfurther inspection as is necessary,has.been made: Any person removing, destroying, altering or defacing said notice without the consent of the Building Official, shall be' deemed guilty of an offense under this section, and any work described in said notice shall be stayed pending the further necessary inspection. Upon completion of the work which has :been .authorized by the issuance', of a permit, it shall be the duty. of the licensed> electrician, to whom. the permit has been issued, to immediately notify the Building.Official, whoa shall inspect or> cause to be .inspected, such installation within thirty-six (36) hours, exclusive of 'Saturdays, Sundays,.: and holidays, of the time such notice is given. (b) Final Certificates of Approval If the work is found to; be in compliance with the provisions of this ordi- Hance, the Building Official, subject. to the other applicable provisions of this. ordinance, shall ,issue a final Certificate of Approval to the public utility company.. furnishing the electrical service onto the person supply- ing the energy, which certification shall authorize connection of such js/c/nov95/chap3amd. doc 01/26/96 Ordinance No. 2158 Page 37 approved work to the source of energy of the electrical service, the tum- ing on of the current, and the use of the installation. No connection shall be made until such authorization and final certificate is issued." IV. That Chapter:3, Appendix 3 -Gas. Code Adopted, of the Code of Ordinances of the City of College Station is hereby amended to read as follows: "GAS CODE ADOPTED A booklet entitled 'Standard Gas Code 1994 Edition` as amended and as hereafter may be amended, at least one (1) copy of which is on file in the office of the Building Official of he City of College Station, Texas, is hereby adopted: and designated as the Gas Code of the City. of College Station, Texas. .AMENDMENTS TO GAS CODE A. The above-entitled Gas Code is hereby amended as follows: 1. Article 306.1 is amended by deleting therefrom the following: Copper and brass..- 2. Article 306.2is amended,to read. as #ollows: '306.2 -Underground Service Line. Service lines underground .shall be standard weight wrought iron, galvanized steel, .black ..steel. protected .against soil ..corrosion with an approved type protective coating, or polyethylene pipe, tubes and fittings .conforming to A.S.T.M. D-2513-57 and C.S. 255.63,: and shall be installed according to manu- facturer's recommendations'. Field wrapping shall be limited to short sections stripped for threading and fittings.' 3. Article. 306.3. is amended by deleting therefrom. the following: 'Plastic Pipe Polyvinyl .Chloride. type 1, 2 & 3'. 4. Article 308.4.2 is amended by deleting therefrom the following: Item 3 of Section 308.4.2. 5. Article 308..5 is amended by deleting therefrom the following: Item 2 of Section 308.5. 6. Article 309.3.3 is .amended by deleting therefrom the following .term as .used in Items: 1, 2 and 3: 'Plastic.':. 7 Article_309.5.2 is amended by including. the following addendum: 'Gas lines . must-not be .installed in duct systems used for supply or return of conditioned air.' 8. Article 311.2 -Testing, is amended by changing "6 inches of Mercury" to read as follows: 'ten inches (10") of Mercury.' 9. Articles 314.1 and 314.2 are amended by deleting therefrom the following: 'Use of Plastic.' 10. Article 605.4 is amended. by deleting therefrom the following: 'Single wall vent pipe.' js/c/nov95/chap3amd. doc 01/26/96 Ordinance No. 2158 Page 38 V. That Chapter 3, Appendix 4 - Mechanical Code Adopted, of the Code of Ordinances. of the City of College Station'is hereby amended to read as follows: "MECHANICAL CODE ADOPTED A booklet entitled'Standard Mechanical Code 1994`Edition' as amended and as hereafter may be amended, as least one (1) copy of which is on file in the.:office of the Building.Official of the City of College Station, Texas, is-hereby adopted and designated as the Mechanical Code of the City of College Station, Texas." Vi. That Chapter 3, Appendix 5 -_ Standard Plumbing. Code Adopted, of the Code of Ordinances of the City: of College Station is hereby. amended to read as follows:. "STANDARD PLUMBING CODE ADOPTED A booklet entitled.'Standard Plumbing Code 1994 Edition' as amended and as hereafter may be-amended, at least one (1) copy of which is.on file in the office of the Building Official of the City of College.Station, Texas,. is hereby adopted and designated as the Plumbing Code of the City of College Station, Texas. AMENDMENTS TO PLUMBING CODE A. The above-named Plumbing,Code is hereby amended as follows: 1. Section 404 is `amended to read. as follows: '404 - Individual. or Private Sewage. Disposal System. When there is no sewer available within two .hundred feet (200), an approved private disposal system may be .installed. Private sewage systems must comply vvith City,of College Station's Code of Ordinances (refer to Chapter 11, Section 2). Owners. are required at their expense to have City sewer extended to their property if not over one hundred fifty feet (150). If over this distance, owner must agree to connect to City sewer when made available (within 60 days of written noticeas referred o in Chapter 11, Section 2, of the College .Station Code of Ordinances). All private sewage disposal. systems must comply with the latest <adopted standards of the Texas Department- of Health and be constructed under the direction of Brazos County Health Department. The installer must be registered' with the appropriate authority,: Texas National Resource Conservation Commission, as a Registered ;Private Sewer Facilities Installer.' 2. Table 500 -Materials and Uses is amended with the following deletions: Materials Governing Standards. per 501.3 Asbestos -Cement Sewer Pipe ASTM C 429-81, (1985) ASTM C 644-78 Asbestos -Cement Sewer ASTM C 508-88 Underdrain Pipe Asbestos -Cement Storm Drain Pipe ASTM C 633-83 js/c/nov95/chap3amd. doc 01/26/96 Ordinance No, 21b8 Page 39 Polyolefin Laboratory CAN/CSA-6181.3-M86 Drainage Systems Large Diameter Ribbed PVC Sewer CAN/CSA-B182.4-M90 Pipe and Fittings Polybutylene Pipe & Tubing (PB) ASTM D 2662-88, ASTM D Number 2110 2666-88, Listed, See 504.3 Polybutylene Pipe & Tubing ASTM D 21A4-88, ASTM D (PE) Number 2305, 2306, 3306,.:.. 2239-88, ASTM D 2737-88, 3406, 3408 Listed, See 504.3 PE Insert Fittings ASTM D 2609.-88, Listed - Cross-linked Polyethylene CAN/CSA-8137.5..-M89, (PEX) Tubing Systems for Pressure Listed PVC injection Molded Gasketed CAN/CSA-8137.2-M89, Fittings and Pressure Applications Listed Polybutylene (PB) Plastic Hot ASTM D 3309-88a, Listed 3. Table. 500 is amended to read as 'Type M copper is not allowed for pressure piping.' 4. Section 801.6 is amended to read as follows: .'801.6 -Sand Traps. All garage, auto laundries, or gasoline or oil filling stations having car wash. racks shall install and maintain in proper repair an approved sand trap in accordance with the plans and specifications on file in the office of the Plumbing Inspector.' 5. Section. 905.2 -Connections, is; amended by adding the following statement: 'Connections behind bathtubs. All connects behind tubs shall have access panels.. 6. Section 1205.1.1 is amended by the deletion therefrom of 'Type M copper' from the-materials for water piping. Type K without connections is required for under slab installations. 7. Section 1240.1.1 is amended °by the deletion _therefrom of the following mate- rials: Type M Copper, and Polybutylene (P B) .plastic pipe. S. Section 1205.5 is added. to read as #oolows: '1205.5.1 -Water Supply Control' An .approved gate valve shall be installed in the water service pipe on the prop- erty side at the meter and protected by an approved enclosure with a removable cover and a covered valve box over cut off.' 9. Section X1302.6. SPC 94 is added to read as follows: '1302,6 -Depth of Building: Sewer.. Building sewers must be installed with a minimum of twelve inches (12") of cover. Where conditions prohibit the required amount ofi cover, cast iron pipe. with caulked or approved mechanical joints must be used unless. other means of protecting the pipe is provided,. when the use of cast iron of twelve inches (12") depth cannot be maintained.' js/c/nov95/chap3amd. doc 01/2b/96 Ordinance No. 2158 Page 40 VIL That Chapter 3, .Appendix 6 -'.Structural Standards` Code, of the Code of Ordinances. of the City of College Station is hereby amended' by changing the titles to Subsection "G. Rooming Houses", Subsection "H. Unsafe. Structures", and. Subsection "I. Definitions" to read. as follows: "H. Rooming .Houses I. Unsafe Structures J. Definitions"' VIIL This ordinance shall become effective from. and after its passage in accordance with the City Charter of the City of College Station. f~ PASSED,. ADOPTED and APPROVED this ~~ day of December, 1.995. ATTEST: APPROVED: Connie Hooks, .City Secretary tar g r, o ~ js/c/nov95/chap3amd.doa I 01/26/96 i ORDINANCE NO. 2 2 5 ~ AN ORDINANCE AMENDING ORDINANCE NO. 163 8, THE ZONING ORDINANCE, OF THE-CITY OF COLLEGE STATION, TEXAS, BY AMENDING SECTIONS 2, 7, AND 9 RELATING TO TIC REGULATION OF MANUFACTURED HOMES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART l: That Sections 2, 7 and 9 of Ordinance No. 1638, the Zoning Ordinance, of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, .such holding shall in no way effect the validity of the .remaining provisions or sections of this ordinance, which shall remain in full force. and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor. more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its publication in the newspaper, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 12th day of August, 1997. ATTEST: APPROVED: c C uOOKS ~~ity Secretary L McILHANEY, Mayor js/c%rdinan/manord2.doc 8/20/97 ORDINANCE NO. 2 2 5 7 Page 2 EXI-IIBIT A ADD TO SECTION 2 -DEFINITIONS TO READ AS FOLLOWS: "MANUFACTURED HOME LOT: A parcel of land in a manufactured home park for the placement of a single mobile or manufactured home and the exclusive use of its occupants. MANUFACTURED HOME PARK: A parcel of land under single ownership which has. been 'planned and improved -for the placement of mobile or HUD-code manufactured homes for non transient use." AMEND SECTION 7, SUB-SECTION 7.1-B, TO READ AS FOLLOWS: "B. PERMITTED USES: Single family. dwellings. Mobile Homes, located pursuant to an approved location permit as provided in Section 7.9 H. HUD-code manufactured homes, located pursuant to an approved location permit as provided in Section 7.9 H. Barn, stable for keeping private animal stock. Country club (publicly or privately owned). Crop, production. Farm. ~ _ Truck garden {including. greenhouse for commercial purposes). Golf Course. Home Occupations. Pasturage. Poultry production. (non-commercial). Riding academy (private)" js/c%rdinan/manordl.doc __ 8/20/97 ORDINANCE NO. 2 5 7 _ Page 3 AMEND SECTION 7, SUB-SECTION 7.1B-B, TO READ AS FOLLOWS: "B. PERMITTED USES: All in A-O plus the following: Mobile Homes,. located pursuant to an approved location permit as provided in Section 7.9 H. HUD-code Manufactured Homes, located pursuant to an approved 'location permit as provided in Section 7.9 H. Home Occupations Catfish Farm Commercial Horse Stable" AMEND SECTION 7, SUB-SECTION 7.9, TO READ AS FOLLOWS: "7.9. DISTRICT R-7 l~~IANUFACTURED HOME PARK A. PURPOSE: This district contains land which is located, designed, and is to be operated as a site for residential uses for mobile and HUD-code manufactured .homes in accordance with the following District Regulations: B. PERMITTED USES: Mobile and manufactured home parks. Accessory manufactured home park uses such as recreational areas, maintenance buildings, laundry facilities, and the like are permitted as well. - __ C. CONDITIONAL USES PERMITTED: Refer to Section 8.12. D. AREA REQLJIItEMENTS: Minimum manufactured home park area - 2 acres Maximum density. - 10 `dwelling units per acre (gross density) Minimum mobile or manufactured home setback off of a public street - 25' Minimum mobile or manufactured home setback off of an interior park property boundary - 15' Minimum mobile or manufactured home. setback .off of a park .street, common parking area, or other common area - 10' Minimum distance between two mobile or manufactured homes - 15' js/c%rdinan/manord2.doc _ &/20/97 ORDINANCE NO. 2257 Page 4 Minimum distance between all structures (mobile homes, manufactured homes, and other structures) - 15', except that private storage buildings located on an individual manufactured home lot need not maintain a separation from the mobile or manufactured home that occupies the same lot). E. PARKING REQUIlZEMENTS: Refer to Section 9 F. SIGN REGULATIONS: Refer to Section 12. G. SITE PLAN/LANDSCAPING REQUIREMENTS: .The construction, reconstruction, alteration, or enlargement of a manufactured home park must be .pursuant to an approved site plan. In addition to the requirements contained in Sections 10 and 11, the following development requirements shall be provided: 1. Buffer yards -All manufactured home parks located adjacent to property developed as residential, commercial, or industrial uses shall provide screening of six foot high fences combined with a 20' landscaped area along the property boundary line separating the park and such adjacent uses. Four. canopy trees (muumum 2' caliper), 16 understory trees (minimum 4'-5' in height), and 24 shrubs (minimum 2'-3' in height) shall be provided for every 1001ineal feet of common boundary. 2. Parking areas may be located. within common parking areas or on individual manufactured home lots, provided that the parking required for each mobile or manufactured home must be located within 200' of the home. 3. Each manufactured homes lot shall have access to public utilities, and ` it shall have vehicular access to either a public right-of-way or a private drive. H. PERMITS REQUIRED: The placement or replacement of an individual mobile home or a HUD-code manufactured home within an approved manufactured home park shall be pursuant to a Location Permit issued by the Building Official and Zoning Official.. The application for such a permit shall be accompanied by a location plan include the following information: 1. Location plan showing the dimensions of the site, required setback lines, the placement of the mobile or manufactured home, the designated parking, and any existing structures on the same or adjoining lots.. 2. A signed, dated application, requesting permission to locate the structure. on'the lot. 3. A legal description of the location of the property within the City. 4. An indication of the proposed delivery route to the designated site. Delivery routes shall not include residential streets, unless the designated site has sole frontage on the affected residential street. An Electrical Permit will also be required before any .electrical service may be extended to a mobile or manufactured home. Application .shall be in accordance with the most current edition of the National'Electrical Code. js/dordinan/manord2. doc 8/20/97 ORDINANCE NO. 2 2 5 7 Page 5 I. INDIVIDUAL MOBILE OR MANUFACTURED HOME REQUIREMENTS 1. Skirting -- all manufactured and mobile homes within the park shall be skirted with brick, vinyl, or other solid skirting materials within four months of occupancy of the lot. 2. Trailer hitches -- all trailer hitches and other devices designed. to aid in the transport of the manufactured or mobile homes must be removed within four months of occupancy of the lot." AMEND SECTION 9, SUB-SECTION 9.3, BY ADDING THE FOLLOWING TO THE TABLE OF iV~ OFF-STREET PARKING REQUIREMENTS: "Type of Generator Unit Spaces Per Unit Plus -For Manufactured home DU 2 Mobile home DU 2" js/c%rdinan/manordl. doc 8/20/97 r ORDINANCE NO 2258 AN ORDINANCE AMENDING CHAPTER 3, "BUILDING REGULATIONS", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, .TEXAS, BY AMEND- ING. CERTAIN SECTIONS AS SET OUT. BELOW; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY. BE IT ORDAINED BY THE CITY COUNCII, OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 3, "Building Regulations", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any, section of this ordinance. shall be held to be void or unconstitutional, such holding... shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense.. Said Ordinance; hieing a penal ordinance, becomes effective ten (10) days after its publication in the newspaper, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 12th day of August, 1997. ATTEST ; APPROVED: e CO NOOKS", City Secretary L McII,HANEY, Mayor js/c%rdinan/manord.doc __ &/20/97 N ORDINANCE NO. .2258 Page 2 EXHIBIT. A ADD A SECTION TO APPENDIX 1, STANDARD BUILDING CODE ADOPTED: "H. MANUFACTURED HOMES TIE DOWN STANDARDS Manufactured homes tie down standards as set .out in the Standard Building Code 1994 Edition, as amended." ADD TO APPENDIX 5, STANDARD PLUMBING CODE ADOPTED: "B. Appendix C MANUFACTURED HOMES AND MANUFACTURED HOME PARKS is hereby adopted, save and except for Section C110 SERVICE BUILDINGS." js/c%rdinan/manord. doc 8/20/97 ORDINANCE NO. 2256 AN ORDINANCE AMENDING CHAPTER 3, "BiJII,DING REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY REPEALING AND REMOVING SECTION 2, MOBILE HOME PARKS, IN ITS ENTIRETY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: I. That Chapter 3, "Building Regulations" of the Code of Ordinances ofthe City of College Station, Texas, is hereby. amended by repealing and removing Section 2, Mobile Home Parks, in its entirety. II. That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provi- sions or sections of this ordinance, which shall remain in full force and effect. III. This ordinance shall become effective and be in full force and effect from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED .and. APPROVED this 12th day of August, 1997. APPROVED: McIL Y, Mayor ATTEST: CONrTIE HOOKS, City Secretary ~~~o~a~~~~i.a~ si2o~7 P d DRAFT Revised 7-28-97 ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 2, 7.1 B., 7.1B B., AND 9.3, OF ORDINANCE N0. 1638, THE ZONING ORDINANCE OF THE CITY OF COLLEGE STATION, RELATING TO THE REGULATION OF MANUFACTURED HOME PARKS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: I. Amend Section 2 Definitions to add the following: MANUFACTURED HOME. LOT: A parcel of land in a manufactured home park for the placement of a single mobile or manufactured home. and the exclusive use of its occupants. MANUFACTURED. HOME- PARK: A parcel of land under single ownership .which has been planned and improved for the placement of mobile or HUD-code manufactured homes for non transient use. II. Amend Section 7.1 B. to read as follows: B. PERMITTED USES: Single family dwellings. Mobile Homes,. located pursuant. to an approved location permit as provided in Section 7.9 H. HUD-code manufactured homes, located pursuant to an approved location permit as provided in Section 7.9 H. Barn, stable far keeping private animal stock. Country club (publicly or privately owned). Crop production. Farm. Truck garden (including greenhouse for commercial purposes). Golf Course. Home Occupations. Pasturage. Poultry production (non-commercial). 'i o:\group\deve_ser\bine\man.doc i i d Riding academy (private). III. Amend Section 7.1B B. to read as follows: B. PERMITTED USES: All in A-O plus the following: Mobile Homes, located pursuant to an approved Location permit as provided in Section 7.9 H. HUD-code Manufactured Homes, located pursuant to an approved location permit as provided in Section 7.9 H. Home Occupations Catfish Farm Commercial Horse Stable IV. Amend Section 7.9 to read as follows: 7.9. DISTRICT R-7 MS1~E MANUFACTURED HOME PARK A. PURPOSE:. This district contains land which is located, designed, and is to be operated as a site for residential uses for mobile and HUD-code manufactured homes in accordance with the the following District Regulations: B. PERMITTED USES: Mobile and manufactured home parks. Accessory manufactured home park uses such as recreational areas, maintenance buildings, laundry facilities, and the like are permitted as well a° °'„ °a • ~a°,. +~,° „+r ,.~ n,.a;,, ° ,.r,. ~~~-r~n~ ,.,° .r ZLL~ ~'~' C. CONDITIONAL USES PERMITTED: n°~ ,. +„ n..a;~.,r,.° i.T„ ti~~ r.,„a .,,.,o~a....°~+~ tkerete-~- Refer to Section 8.12. D. AREA REQUIREMENTS:. n°r°~+,. c°,.,.;,.~ n .,++i,° °~a °a+i.;....°,.+:,.~ ~13erete-} Minimum manufactured home park area - 2 acres Maximum density - 10 dwelling. units per acre (gross density) Minimum mobile or manufactured home setback off of a public street - 25' o;\group\deve_ser\bine\man.doc Minimum mobile or manufactured home setback off of an interior park property boundary - 15' Minimum mobile or manufactured home setback off of a park street, common parking area, or other common area - 10' Minimum distance between two mobile or manufactured homes - 15' Minimum distance between all structures (mobile homes, manufactured homes, and. other structures) - 15', except that private storage buildings located on an individual manufactured home lot need not maintain a separation from the mobile or manufactured home that occupies the same lot) E. PARKING REQUIREMENTS: Refer to Section 9. ~ereta-}: F. SIGN REGULATIONS: Refer to Section 12. G. SITE PLAN/LANDSCAPING REQUIREMENTS: The construction, reconstruction, alteration, or enlargement of a manufactured home park must be pursuant to an approved site plan. In addition to the requirements contained in v~ Sections 10 and 11, the following development requirements shall be provided: 1. Buffer yards -All manufactured home parks located adjacent to property developed as residential, commercial, or industrical uses shall provide screening of six foot high. fences .combined with a 20' landscaped area along the property boundary line separating the park and such adjacent uses. Four canopy trees (minimum 2' caliper), 16 understory trees (minimum 4'-5' in height), and 24 shrubs (minimum 2'- 3' in height) shall be provided for every 100 lineal feet of common boundary. 2. Parking areas may be located within common parking areas or on individual manufactured home lots, provided that the parking required for each mobile or manufactured home must be located within 200' of the home. 3. Each manufactured homes lot shall have access to public utilities, and it shall have vehicular access to either a public right-of--.way or a private drive. H. PERMITS REQUIRED: The placement or replacement of an individual mobile home or a HUD-code manufactured home within an approved manufactured home park shall be pursuant to a Location Permit. issued by the Building Official and Zoning Official. The application for such a permit shall be accompanied by a location plan include the following information• 1. Location plan showing the dimensions of the site, required setback lines, the placement of the mobile or manufactured home, the designated parking, and any existing structures on the same or adjoining lots. o:\group\deve_ser\bine~nau.doc A a 2. A signed, dated application, requesting permission to locate the structure on the lot. 3. A legal description of the location of the property within the City. 4. An indication of the proposed delivery route to the: designated site. Delivery routes shall not include residential streets, unless the designated site has sole frontage on the affected residential street. An Electrical Permit will also be required before any electrical service may be extended to a mobile or manufactured home. Application shall be in accordance with the most current edition of the National Electrical Code. I. INDIVIDUAL MOBILE OR MANUFACTURED HOME REQUIREMENTS 1. Skirting -- all manufactured and mobile homes within the park shall be skirted with brick, vinyl, or other solid skirting materials within four months of occupancy of the lot. 2. Trailer hitches -- all trailer hitches and other devices designed to aid in the transport of the manufactured or mobile homes must be removed within four months of occupancy of the lot. V. Amend Section 9.3 Number of off-street Parking Spaces Required to add: Type. of Generator Unit Spaces Per Unit Plus -For Manufactured home DU 2 Mobile home DU 2 VI. SEVERABILITY: Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. VII. This ordinance shall become effective and be in full force and effect from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this th day of , 1997. o:\group\deve_ser\bine\man. doc APPROVED: LYNN McILHANEY, Mayor ATTEST: CONNIE HOOKS, City Secretary o:\group\deve_ser\bine\man.doc DRAFT Revised. 7-28-97 ORDINANCE NO. AN ORDINANCE REPEALING .ORDINANCE NO. 627 MOBILE HOME PARK ORDINANCE AND ANY AMENDMENTS THERETO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATIQN: I. Repeal Ordinance No. 627 and any amendments thereto. II. SEVERABILITY: Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid,. such decision shall not. affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. III. This ordinance shall become effective and be in full force and effect from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this th day of , 1997. APPROVED: LYNN McILHANEY, Mayor ATTEST: CONNIE HOOKS, City Secretary ,, o:\group\deve_ser\binelman3.doc !~ DRAFT Revised 7-28-97 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 2158 TO ADOPT APPENDIX C. OF THE 1994 STANDARD PLUMBING CODE, RELATING TO THE REGULATION OF MANUFACTURED HOMES; TO REQUIRE ELECTRICAL PERMITS FOR ELECTRICAL SERVICE TO MANUFACTURED AND MOBILE HOMES; AND TO ADOPT A PORTION OF APPENDIX H. OF THE 1994 STANDARD BUILDING CODE, RELATING TO THE REGULATION OF MANUFACTURED HOMES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION: I. Amend Ordinance No. 2158, the ordinance adopting the Standard Building Code 1994 Edition, to add the following:. Appendix 1 STANDARD BUILDING CODE ADOPTED A booklet entitled `Standard Building Code 1994 Edition' as amended and as hereafter may be amended, at least one (1) copy of which is on file in the office of the Building Official of the City of College Station, Texas, is hereby adopted and designated as the Building Code of the City of College Station, Texas. Appendix H MANUFACTURED HOMES TIE DOWN STANDARDS is hereby adopted in its entirety. II. Amend Ordinance No. 2158, the ordinance adopting the Standard Plumbing Code 1994 Edition, to add the following: A booklet entitled `Standard Plumbing Code 1994 Edition' as amended and as hereafter may be amended, at least one (1) copy of which is on file in the office of the Building Official of the City of College Station, Texas, is hereby adopted and designated as the Plumbing Code of the City of College Station, Texas. Appendix C MANUFACTURED HOMES AND MANUFACTURED HOME PARKS is hereby adopted, save and e~ccept for Section Cll0 SERVICE BUILDINGS. III. SEVERABILITY: Should any section or provision of this ordinance be declared by-the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.. o:\group\deve_ser\bine\man.2doc .~ N. -This ordinance shall become effective and be in full force and effect from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this th day of , 1997. APPROVED: LYNN McILHANEY, Mayor ATTEST: CONNIE HOOKS, City Secretary o:\group\deve_ser\bine\~nan.2doc