2001-076-ORD AMENDING SECTION 7-16 OF CODE OF ORDINANCES TO ADOPT INTERNATIONAL RESIDENTIAL CODE
ORDINANCE NO. 2001-076
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AMENDING SECTION 7-16 OF THE CODE OF
ORDINANCES OF THE CITY OF PARIS TO ADOPT THE
INTERNATIONAL RESIDENTIAL CODE AND THE NATIONAL
ELECTRICAL CODE AS THE APPLICABLE BUILDING AND
ELECTRICAL CODES FOR RESIDENTIAL CONSTRUCTION WITIDN
THE CITY OF PARIS AS REQUIRED BY ST ATE LAW; PROVIDING FOR
DEFINITIONS; PROVIDING FOR IMPLEMENTATION; PROVIDING A
REPEALER; PRESERVING PENALTIES; PROVIDING FOR
SEVERABILITY; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Texas at its year 2001 session adopted Senate
Bill 365, which mandated that municipalities within the State of Texas utilize the International
Residential Code for One- and Two-Family Dwellings, as promulgated by the International Code
Council, to be the exclusive code for municipal residential construction in the State of Texas, and
the Legislature likewise mandated that municipalities utilize the National Electrical Code, as
published by the National Fire Protection Association, to be the exclusive electrical code for
residential construction within the State of Texas; and,
WHEREAS, as a result of said Legislative enactments, the City of Paris, as a Home Rule
municipality within the State of Texas, shall be required to apply said codes beginning January 1,
2002; and,
WHEREAS, in order to clarify contradictory language in the City's Code of Ordinances,
the City Council desires to adopt an amendment to said Code of Ordinances referencing the Codes
adopted by the Texas Legislature as the Codes applicable to residential construction within the city
of Paris; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. That Article II, Section 7-16 of the Code of Ordinances of the City of Paris
shall be and is hereby amended to read as follows:
"Sec. 7-16. Building Codes - Adoption
n(a) For purposes of this Section, the following definitions shall apply:
n(1) International Residential Code shall mean the International Residential Code
for One- and Two-Family Dwellings promulgated by the International Code
Council, as the same existed on May 1, 2001, including any and all amendments
or revisions thereto adopted following May 1, 2001.
n (2) National Electrical Code shall mean the Electrical Code published by the
National Fire Association as the same existed on May 1,2001, including any and
all amendments or revisions adopted thereto following May 1, 2001.
n(3) Residential shall mean having the character of a detached one- or two-family
dwelling or a multiple single-family dwelling that is not more than three stories
high with separate means of egress, including the accessory structures of the
dwelling, and that does not have the character of a facility used for the
accommodation of transient guests or a structure in which medical, rehabilitative,
or assisted living services are provided in connection with the occupancy of the
structure.
n(b) In conformance with Subchapter G, Chapter 214, Sections 214.211 through 214.214
of the Texas Local Government Code, the International Residential Code shall be and is
hereafter adopted as the Municipal Residential Building Code for the City of Paris. The
International Residential Code shall apply to all construction, alteration, remodeling,
enlargement, and repair of residential structures in the City of Paris. The City Council
may establish procedures to adopt local amendments to the International Residential Code
and for the administration and enforcement of the International Residential Code. The
International Residential Code shall not apply to the installation and maintenance of
electrical wiring and related components.
n(c) In conformance with Subchapter G, Chapter 214, Sections 214.211 through 214.214
of the Texas Local Government Code, the National Electrical Code shall be and is
hereafter adopted as the Municipal Residential Electrical Construction Code for the City
of Paris. The National Electrical Code shall apply to all residential electrical construction
applications within the City of Paris. The City Council may establish procedures to adopt
local amendments to the National Electrical Code and for the administration and
enforcement of the National Electrical Code.
n(d) Save and except for the municipal construction governed by the Codes adopted in
Subsections (b) and (c) of this section, and for the purposes of establishing rules and
regulations for all other construction, alteration, removal, demolition, equipment, use and
occupancy, location and maintenance of buildings and structures, including permits and
penalties, that certain building code known as the Standard Building Code, 1994 Edition,
save and except such portions as are deleted, modified, or amended by this article, shall
be and is hereby adopted and incorporated as fully as if set out at length herein.
n(e) Copies of the International Residential Code for One- and Two-Family Dwellings,
the National Electrical Code, and the Standard Building Code have been and shall be on
file in the office of the City Clerk and the City Building Official, and the provisions thereof
shall be controlling as set out herein in the construction of all buildings and other structures
within the corporate limits of the city of Paris, Texas."
Section 3. That all ordinances or portions of ordinances in conflict with the terms and
provisions of this ordinance are and shall be repealed to the extent of said conflict only.
Section 4. That all penalties provided in the Code of Ordinances for violations of the
building codes of the City of Paris shall apply to violations of the codes adopted by this ordinance,
as if such penalties are set out in detail herein.
Section 5. That if any section, subsection, sentence, clause, paragraph, or other portion
of this ordinance shall be determined as unlawful or unenforceable by a court of competent
jurisdiction, said fmding shall not affect the continued enforceability of the remainder of this
ordinance, it being the intention of the City Council of the City of Paris that the remaining
portions of said ordinance shall remain in full force and effect.
Section 6. That this ordinance shall be effective from and after its date of passage and
publication as required by law, or on January 1, 2002, whichever date shall occur later. Provided,
however, that the provisions of Section 2 of this ordinance shall apply only to residential
construction, remodeling, alteration, or repair that begins under an agreement made on or after
January 1, 2002, or that begins, in the absence of an agreement, on or after that date. Residential
construction, remodeling, alteration, or repair that begins under an agreement made before January
1, 2002, or that begins, in the absence of an agreement, before that date, shall be governed by the
terms and provisions of the City ordinances in effect when the agreement or construction activity
began, as appropriate, and for purposes of completion of said construction, the City's prior
building codes shall remain in full force and effect.
PASSED AND ADOPTED this 10th day of December, 2001.
ATTEST:
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Mattie Cunningham, City Cler