2023-020 - Amending Chapter 4, Building Regulations, Section 4.02.002(a) to delete the residency requirement for serving on the Building Board of AppealsU
ORDINANCE NO. _20237020
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING CHAPTER 4, "BUILDING REGULATIONS," SECTION
4.02.002(a), OF THE CITY OF PARIS, TEXAS CODE OF ORDINANCES TO
DELETE THE RESIDENCY REQUIREMENT FOR SERVING ON THE
BUILDING BOARD OF APPEALS; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER
CLAUSE, A SEVERABILITY CLAUSE, AND A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 4.02.002 provides for a Building Board of Appeals to hear and
decided appeals of orders and decisions or determinations by the building official or fire
marshal relating to the application and interpretation of the technical provisions of the
city's adopted building and fire codes as relates to commercial and residential construction
in the city; and
WHEREAS, the City Council of the of Paris has recently adopted the 2021 editions of
the International Building Code, the International Fire Code, the International Existing
Building Code, the International Residential Code, the International Fuel Gas Code, the
International Plumbing Code and the International Mechanical Code as well as the 2020
Edition of the National Electrical Code, each of which prescribes the requirements and
qualifications for service on a Building Board of Appeals, which qualifications do not
contain a residency provision nor a requirement that a member, if not a resident, own a
business within the city, and
WHEREAS, because Paris is a small community, the existence of a residency or
business ownership requirement for membership on the Building Board of Appeals has
made it extremely difficult to constitute this board; and
WHEREAS, the City Council, taking into consideration the above and wishing to
eliminate any inconsistencies between Sec. 4.02.002 and the City's adopted building and
fire codes, finds it to be in the best interest of the city to eliminate the residency and
business ownership requirements for service on the Building Board of Appeals;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS THAT:
Section 1. The findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. Section 4.02.002 (a) of the Code of Ordinances shall be amended to delete
the residency and alternative business ownership or operation requirements for service on
the Building Board of Appeals, and shall read as follows:
"4.02.002 Building board of appeals.
(a) Created: composition. There is hereby created a board to be known as the
building board of appeals. The board shall be composed of five (5) regular voting
members who are appointed by the city council and that are qualified through their
individual experience to pass upon matters pertaining to building and fire code
related issues. The city council shall also appoint two (2) alternate members to
serve in the absence of a regular member. The appointed members shall be
msiden-ts or -w o +„ businesses l,,eatea vrithin the ei-ty and shall not be
employees of the city. The building official and fire code official shall be ex -officio,
non-voting members of the board."
Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 5. That it is the intention of the City Council of the City of Paris that this
ordinance, and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
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Section 6. That this ordinance shall become effective from and after its passage.
PASSED AND ADOPTED on this 24th day of April, 2023.
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Paula Portugal, May�)
ATTEST:
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4e5ipe Ellis, City Clerk RIS
_ I I/111111
Stephanie Harris, City Attorney
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