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HomeMy WebLinkAbout1967-0528 - Ordinance - 06/26/1967ORDINANCE NO. 528 AN ORDINANCE ADOPTING A BUILDING CODE FOR THE CITY OF COLLEGE STATION, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION, DEMOLITION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA AND MAINTENANCE OF BUILDINGS OR STRUCTURES IN THE CITY OF COLLEGE STATION; PROVID- ING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THERE- FOR; DECLARING AND ESTABLISHING FIRE DISTRICTS; PROVIDING PEN- ALTIES FOR THE VIOLATION THEREOF, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: SECTION 1. That the Southern Standard Building Code, 1965 Edition, as adopted by the Southern Building Code Congress, a copy of which is on file in the office of the City Secretary of the City of College Station, Texas, is hereby adopted and designated as the Building Code of the City of College Station, the same as though such code were copied at length herein, subject however to the fol- lowing omissions, additions, and amendments: a. Section 102.1(a). Within the Public Works Department, which may hereinafter be referred to as the Building Department, a Building Official shall be appointed. b. Section 102. 1(b). is amended to read: " The Building Official shall be appointed by the City Manager with the approval and consent of the City Coun- cil. His appointment shall continue during good behavior and satisfactory service. " c. Section 1.03. 7(c). " Department of Law " in this instance shall be construed to mean " City Attorney. " d. Section 105.1(d). is amended to read: " In the event construction is commenced before a permit is obtained, the permit fee shall be doubled upon the second violation within any twelve (12) month period. " e. Section 105. 3(e). is amended to read: " All drawings, specifications, and accompanying data shall bear the name and address of the designer. In the case of buildings or structures of Group B, C, D, E, F, and G occupancy, such designer shall be an Architect and/or Engineer legally registered under the laws of the State regulating the practice of architecture or engineering, and shall affix his official seal to said drawings, specifications and accompanying data. f. Section 105.7(f). is amended by substituting " City Engineer " for " Director of Public Works. " g. Section 106.2(g). is amended by deleting therefrom the phrase " to pay a license tax as provided in the general license ordinance, and. " 01349 BOORUM & PE BOORUM & PEASE Ordinance No. 528 Page 2 h. Section 108.2 (h). is amended to read: "No work shall be done on any part of the building or structure beyond the point indicated in each successive inspec- tion without prior written approval of the Building Official, the designing Architect or the Engineer in cases proceding under the provisions of Section 105.6 (b) hereof. No inspection shall be required on Government or State property. " i. Section 111.2 (i). is amended to read: "of the members first appointed, two (2) shall be appointed for a term of one (1) year, two (2) shall be appointed for a term of two (2) years, and one (1) for a term of three (3) years; thereafter they shall be appointed for three (3) years. Vacancies shall be filled for an unexpired term in the' manner in which originally appointments are required to be made. Continued absence of any member from regular meetings of the Board shall, at the discretion of the City Council, render such members liable to immediate removal from office. " j. Section 114 (j). is amended by changing the last sentence thereof to read: " Each such person shall be deemed 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 is com- mitted or continued, and under conviction of any such violation, such person shall be fined not to exceed two hundred dollars ($200. 00)." k. Section 301.2 (k) . is amended by the following addition: " The Building Official may issue special permits for construction of Types III, IV, and VI within the first and second fire districts when such construction would be consistent with the pub- lic interest and the spirit and purpose of this Code; provided in no case shall such con- struction be permitted unless the following standards are met: (1). Such structure shall have a minimum of forty (40) feet of clear space between it and the present or potential site of any other major structure. (2). In cases where the clear space referred to above is less than sixty feet (60'), all exterior wood framing shall be sheathed on both sides with material having a fire resistance rating of at least one (1) hour as determined by the Underwriters Laboratories. " 1. Section 512.7 (1). is amended to read: " In places of assembly used re- gularly for theatrical or similar performances, or for the display of motion pictures, the seats shall be securely fastened to the floor. In restaurants, cafeterias, cafetoriums, gymnatoriums and similar multi-purpose places of assembly, the seats shall not be re- quired to be fastened to the floor. All other Group E. assembly occupancies seating more than 200 persons shall have seats fastened to the floor. All seats in balconies or galleries shall be secured to the floor except that in railed -in enclosures, boxes, or loges, with level floors and having no more than 14 seats, the seats need not be fastened to the floor nor have separate arms. " m. Section 706.6 (m). is amended by the addition thereto of the following: " No. 3 wood shingles may be used when applied with not more than 4 1/2 " weather ex- posure. n. Section 901. 1(n). is amended to read: "Only Underwriters Laboratories approved sprinklers and devices shall be used in automatic sprinkler systems, and the complete layout of the system shall be submitted to the Building Official for approval be- fore installation. " o. Section 1115.5 (o). is. amended by deleting from the first sentence thereof the phrase "walls or" which immediately precedes the phrase "wall -secured hand rails. " 01350 Ordinance No. 528 Page 3 p. Section 1706.3 (a). is amended to read: "Double studs shall be provided on each side of openings, and triple studs shall be provided on openings exceeding 6 feet in width. " SECTION 2. Building Contractors Bond. The bond required under the provisions of Section 106. 2 of the Building Code shall be executed by the contractor or builder as Principal and by a corporate surety duly authorized to do business under the laws of the State of Texas. Such bond shall be on sub- stantially the same form as that shown on Exhibit A. below and made a part hereof. EXHIBIT A: THE STATE OF TEXAS ) COUNTY OF BRAZOS ) BUILDING CONTRACTORS BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, , as Principals and as Surety, acknowledge ourselves to owe and stand indebted to the City of College Station, and for the benefit of any person, firm or corporation injured by a breach of the terms hereof, in the penal sum of One Thousand Dollars ($1000. 00) for the payment of which well and truly to be made we bind ourselves, our heirs, executors and administrators jointly and severally, by these presents: The conditions of this obligation, however, are such that, Whereas, the said is engaged in the business of erecting, remodeling, repairing, moving, and demolishing of buildings within the City of College Station, and whereas, Section 106. 2 of the Building Code of the City of College Station, passed June 26, 1967, requires an indem- nifying bond in the sum of One Thousand Dollars ($1000. 00) of persons pursuing such occupa- tion within the City of College Station, which said section of said Building Code is made a part hereof for all intents and purposes. Now, therefore, if the said shall well and sufficiently indemnify and protect the City of College Station against all costs, expenses or damages which may in any wise accrue against the City of College Station in consequences of the operations covered by the permit issued to the said , under the provisions of the aforesaid Building Code and shall comply in all respects with the provisions of the aforesaid Building Code and all rules and regulations promulgated by authority thereof, and shall pay all damages for injuries to persons or property during or on account of or in connection with any such work authorized by such permit during and for the period of one year from the date of the approval and filing hereof, then this obligation shall be null and void, otherwise to remain in full force and effect. This bond shall cover all building operations of the said 01351 Ordinance No. 528 Page 4 within the City of College Station, for the period of one year from the date of approval and filing thereof, unless sooner cancelled in the manner hereinafter provided. It is understood, however, that the surety herein reserves unto itself the right to cancel this bond after Thirty (30) days written notice if such intention has been given to the city; but this privilege of cancellation shall not affect any liability that may have arisen here- under up to the time the same is actually cancelled, in accordance with the terms hereof. It is further agreed by the contractor, principal, herein, that in event of cancellation of this bond as above provided, then that such cancellation shall automatically cancel his permit and that will immediately cease operations as such contractor until another bond is furnished as required by the Building Code. CO And it is further understood and agreed that this bond may be sued upon in the name of CA. any person, firm or corporation injured by any act constituting a breach of the conditions hereof, and that the same shall not be void upon one recovery, but may be sued upon from time to time until the whole amount of the penalty is recovered. 0 In Testimony Whereof, witness our hands this day of , 19 0 Surety Principal Correct as to form: Building Official Approved this day of , 19 . City Attorney 0 101 z (1) LIJ Lt.1 CL �r 01352 BOORUM & PEASE Ordinance No. 528 Page 5 SECTION 3. TEMPORARY OCCUPANCY OF STREETS WITH BUILDING MATERIAL, ETC. Permit and Bond. Hereafter any person or persons, firm or corporation desiring to tempo- rarily 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 excavation of any area under such street, alley or sidewalk or for any purpose whatsoever connected with the erection, removal, alter- ation or repair of any building or other structure, shall apply to the Building Official for a permit for such temporary occupation as aforesaid, and it shall be unlawful to occupy or obstruct any street, alley or sidewalk, as aforesaid, without a permit there- for from the Building Official, which permit shall not be issued until the person, per- sons, firm or corporation applying therefor shall have first presented a building permit therefor issued by the Building Official, together with a bond approved by the City At- torney, 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 the construction or repair of such building or the making of such excavation and discharge all judgements obtained, together with all costs attached thereto against the City of Col- lege Station, by reason of any such claim, injury or damage sustained, and every person or persons, firm or corporation carrying on any such excavation or building operation shall keep all streets, alleys and sidewalks adjacent to such excavations or building operations carried on by them, in a clean and orderly condition, and unobstructed, ex- cept as provided herein, during such operation, and at the expiration of the time stipu- lated 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. Requisite of Permit Permits for temporary street, alley or sidewalk occupancy as hereinbefore provided 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 or alley shall be obstructed, which amount of obstruction shall be within the discretion of the Building Official, provided that not more than one-half of any alley, not more than two-thirds of any sidewalk nor more than one-fourth of any street shall be obstructed. 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 attendent upon such building, and a driveway and sidewalk sufficient in the opinion of the Building Official kept in good condition for travel; and a failure to comply with this section shall immediately work a forfeiture of the permit given thereunder and all the rights and privileges granted therein. x 353 BOORUM & PEASE BOORUM & PEASE Ordinance No. 528 Page 6 CONSTRUCTION OF SIDEWALKS AND CURBS. License and Permit Required. Section 4. 01 License and Permit Required. Hereinafter no person, persons, firm or corporation, shall lay, construct, build, repair or re -build any sidewalk, curb, gutter or driveway on any street, alley or thoroughfare within the City of College Station, without first having obtained from the Building Official a license to do such work, having made and executed a Bond to said City in the sum of Twenty-five Hundred Dollars ($2500.00), having paid a license fee of Ten Dollars ($10.00) per annum, and having obtained a permit from the Building Official to do such work. Provided, however, that building construction only the construction of sidewalks, curbs, gutters, driveways, and drive approaches to 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 ap- proach is made at the time the building permit is applied for. 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 contractor contracts with another to construct the sidewalks, curbs, gutters, driveways, and drive approaches. The building contractor shall have the construction of such sidewalks, curbs, gutters, driveways, and drive approaches inspected and approved by the Building Official. Where the building con- tractor avails himself of the provisions of this section, he shall be responsible for the construction and maintenance of such concrete construction in the same manner as indivi- duals holding a license to do such concrete wont, and his building contractor's bond shall be amended and supplemented to comply with this section. Requisite of License and Bond. Section 4. 02 Requisite of License and Bond. The License hereinbefore mentioned shall be issued and approved by the Building Official, and before the issuance of same, the applicant shall file in the office of the Building Official a statement of his qualifications, to- gether with a surety bond in the penal sum of Twenty-five Hundred Dollars ($2500. 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 ap- plicant, and that he will maintain said work in a good and workmanlike state of repair for and during a period of one year from and after its completion and acceptance by the City. Said statement of qualifications approved by the Building Official, together with bond, and date of issuance shall be filed by said Building Official with the City Secretary. The applicant shall also state in his application for license, his place of business, and shall notify the Building Official 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 for a period of one year from date, or until revoked as hereinafter provided;. Such bond shall be on substantially the same form as that shown on Exhibit A. attached hereto. (See Sect. 4. 07 below). 01354 BOORUM & PEASE BOORUM & PEASE Ordinance No. 528 Page 7 Section 4. 03 Effect of Bond Cancellation. The surety on such bonds may ter- minate its liability at any time by giving the City Council of the City of College Station, Texas, five (5) days' notice in writing of the surety's intention to do so and from and after said date, the surety will no longer be liable for any subsequent act of the principal. Such cancellation, however, shall of itself constitute and be a recision and cancellation of the license held by such person or persons, firm or corporation until such time as another such bond has been filed with and accepted by the City, covering the balance of the license year. Section 4. 04 Use of License by Others or Sub -Letting Prohibited. Said licensee shall not permit the use of said license by any person, firm or corporation not in his em- ploy for the purpose of doing any work covered by this ordinance, nor shall he sub -let any work for which a license is issued to him to any other person, firm or corporation not having a license. Section 4.05 Building Official to Be Given Notice of Commencement of Operation. Said licensee shall notify the Building Official of the date on which he intends to start oper- ations on any new work or contract. Section 4. 06 Job Permit Required. Before commencing any job involving work covered by this ordinance, the licensee shall make application to and obtain from the Build- ing Official a job permit, covering work costing in excess of Twenty-five Dollars ($25. 00), the Building Official shall collect a job permit fee (see section 6. Building Permit Fees) for each such permit. The application for a job permit shall show in detail the location, scope and nature of the work to be done on that particular job. Section 4. 07 Exhibit A. CEMENT BOND THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS COUNTY OF BRAZOS ) That we, , as Principal, and the , as Surety, are held and firmly bound unto the City of College Station, Texas, in the penal sum of Twenty-five Hundred Dollars ($2500. 00), good and lawful money of the United States of America, well and truly to be paid and for the payment of which we and each of us hereby bind ourselves, our heirs, executors, ad- ministrators and successors, jointly and severally, firmly by these presents: THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT Whereas, the above Principal desires to engage in the business of laying, con- structing, building, repairing and rebuilding curbs, gutters, sidewalks and driveways in the City of College Station, and has complied with all the terms and conditions of `Ordinance No. 528 of the City of College Station, Texas, and has applied to the Building Official of said City for a license to do such work, which license expires of its own force and effect one year from the date thereof, but may be revoked any time. NOW, THEREFORE, if said Principal shall during his continuance of said license indemnify and save harmless said City of College Station from any and all damages of every character 01335 S ORU M & PEAS Ordinance No. 528 Page 8 arising from, or caused directly or indirectly by any negligence in the doing of such work as above set forth under the terms of said Ordinance No. 528 and said license, or for any imperfect or inadequate work done by said Principal under the terms of said Ordinance No. 528 and said license, and shall maintain said work in good and workmanlike state of repair for and during a period of one year from and after its completion and acceptance by said City of College Station, then this obligation shall be null and void, otherwise to remain in full force and effect; provided, however, this bond is executed by the Surety on the condition that its liability shall be limited by and subject to the conditions and provisions hereunder contained. Successive actions may be brought on this bond for successive breaches of its conditions or any of them; provided, however, that the sum total of all liability of the Surety on any one or all of such actions shall not exceed the sum of $2500.00. The liability of the Surety under this bond if not cancelled as hereinafter pro- vided shall cease and determine of its own force and effect one year from the date hereof, saving and excepting for the maintenance for the work performed previous to the date of termination, and for which the liability of the Surety for maintenance shall continue for one year from and after the date of the completion and acceptance of said work by the City, but no longer. The Surety may terminate its liability under this bond at any time, by giving the City Council of the City of College Station, Texas, five days notice in writing of the Surety's intention to do so from and after said date the Surety will no longer be liable for Cany subsequent act of the Principal. In witness whereof, the Principal and the Surety have set their hand and seal this the day of , 19 � r z L.1 Principal (f) Surety APPROVED: (.t 0 0 Building Official City Attorney 01356 BOORUM & PEASE JM & PEASE Ordinance No. 528 Page 9 SECTION 5. Section 5. 01 Enclosure of Swimming Pool. a. Every outdoor swimming pool shall be completely surrounded by a fence or wall not less than four feet high, which shall be so constructed as not to have openings, holes, or gaps larger than four inches in any dimension except for doors and gates; and if a picket fence is erected or maintained, the horizontal spacing between pickets shall not exceed four inches. A dwelling house, or accessory building may be used as a part of such enclosure. b. All gates or doors opening through such enclosure shall be equipped with a self-closing and self -latching device for keeping the gate or door securely closed at all times when not in,aat tuLi1 use, except that the door of any dwelling which forms a part of the enclo- sure need not be so equipped. c. This requirement shall be applicable to all new swimming pools hereafter con- structed, other than indoor pools, and shall apply to all existing pools, and shall apply to all existing pools which have a depth of 18 inches or more of water at any point, .No person in possession of land within the City, either as owner, purchaser, lessee, tenant, or a licensee, upon which is situated a swimming pool having a depth of 18 inches or more of water at any point shall fail to provide and maintain such fence or wall as herein provided. d. The Building Code Board of Adjustments and Appeals of the City 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 Building Code of Adjustment 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 or latch described herein. The Building Of- ficial shall allow a reasonable period within which to comply with the requirements of this section. e. The term "swimming pool" as used herein shall mean a body of water in an artificial 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, Opera- tor, licensee, or concessionaire, and shall include swimming pools used or intended to be used solely by the owner, friends invited to use it without payment of any fee; however, the requirement of this section shall not apply to a swimming pool constructed, operated, and maintained in conjunction with motel, hotel, or private dormitory, or like business which operates on a twenty-four (24) hour -per -day basis and which provides such pool for use of its tenants and their guests. SECTION 6. PERMIT FEES Section 6. 01 Fees. This section in no way voids or amends Section 105 of the Building Code, but supplements Section 105 of the Building Code in the following respects: 01357 Ordinance No. 528 Page 10 a. Moving of Building or Structure. In addition to the fee of $10. 00 for moving a building or structure as prescribed in 107.4 - (b) -1. of the Building Code, an additional fee of $10. 00 for each additional day or fraction thereof, that the house or building is in or on the street, alley or public grounds, will be charged. b. Construction of Sidewalks, etc. For construction of sidewalks, curbs, gutters, driveways and drive approaches, a license fee of $10. 00 per annum is required, in addition to the job permit fee for construction as prescribed in Section 107 of the Building Code. SECTION 7 REPEAL AND DATE OF EFFECT Section 7. 01 All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed, and this ordinance shall be in full force and effect immediately upon its adoption and its publication. SECTION 8 UNCONSTITUTIONALITY CLAUSE Section 8.01 Should any section, paragraph, sentence, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason the remainder of said ordinance shall not be affected thereby, and to such end various portions and provisions of this ordinance are declared to be severable. PASSED AND APPROVED this the ATTEST: ,I t.�/ CY City Secretary 26 day of June APPROVED: , 1967. Mayor 013:5