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2010-029 ORD AMENDING CODE TO ADOPT THE 2006 INTERNATIONAL BUILDING CODE, RESIDENTAL CODE AND THE 2008 NATIONAL ELECTRICAL CODEORDINANCE NO. 2010-029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTIONS 7-16 AND 7-18 OF ARTICLE II, BUILDING CODE, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS TO ADOPT THE 2006 INTERNATIONAL BUILDING CODE, THE 2006 INTERNATIONAL EXISTING BUILDING CODE, 2006 INTERNATIONAL RESIDENTIAL CODE, AND THE 2008 1VATIONAL ELECTRICAL CODE, AS AMENDED HEREIN AS THE OFFICIAL BUILDING, RESIDENTIAL, EXISTING BUILDING AND ELECTRICAL CODES FOR ALL CONSTRUCTION WITHIN THE CITY OF PARIS, TEXAS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris has not conducted a full review and update of its building, residential, fire and electrical codes in more than ten years and many of its codes are in need of revision and updating; and, WHEREAS, new and updated building, fire, residential and electrical codes are necessary to properly regulate and govern the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures in the City of Paris; and, WHEREAS, the Director of Engineering, Planning and Development hereby recommends the 2006 International Building Code, 3rd Printing July 2007, the 2006 International Existing Building Code, 2°d Printing March 2008, the 2006 International Residential Code, 3rd Printing March 2007, and the 2008 National Electrical Code, as amended, as the best uniform building and electrical codes to provide uniform guidelines and regulations for all property, buildings and structures by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use in the City of Paris, Texas; and, WHEREAS, on August 24, 2009 the City Council of the City of Paris formed a Building and Fire Code Review Committee made up of local builders, electrical contractors, City Council members and City Staff to review new building and fire codes proposed by the City Engineer, Ciry Fire Chief and Fire Marshall; and, WHEREAS, the Building and Fire Code Review Committee has reviewed and considered the new building, existing building, fire and electrical codes and amendments as set out herein and recommends that they be approved by the City Council; and, WHEREAS, the City Council deems it to be in the best interest of the City of Paris and its citizens to adopt the 2006 International Building Code, 2006 International Existing Building Code, 2006 International Residential Code and 2008 National Electrical Code as amended with local amendments as set out below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 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 (a) For purposes of this Section, the following definitions shall apply: (1) International Residential Code shall mean the 2006 International Residential Code, including any and all amendments, revisions or revised additions to the 2006 International Residential Code. (2) National Electrical Code shall mean the 2008 National Electrical Code published by the National Fire Protection Association, including any and all amendments, revisions or revised additions to the 2008 National Electrical Code adopted. (3) Building Code shall mean the 2006 International Building Code for, including any and all amendments or revisions thereto adopted. (4) Existing Building Code shall mean the 2006 International Existing Building Code for, including any and all amendments or revisions thereto adopted. (b) In conformance with Subchapter G, Chapter 214, Sections 214.211 through 214.214 of the Texas Local Government Code, the 2006 International Building Code shall be and is hereafter adopted as the Municipal Building Code for the City of Paris. The 2006 International Building Code shall apply to the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures in the City of Paris. The City Council may establish procedures to adopt local amendments to the 2006 International Building Code and for the administration and enforcement of the International Residential Code. (c) In conformance with Subchapter G, Chapter 214, Sections 214.211 through 214.214 of the Texas Local Government Code, the 2006 International Existing Building Code shall be and is hereafter adopted as the Municipal Existing Building Code for the City of Paris. The 2006 International Existing Building Code shall apply to the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, in the City of Paris. The City Council may establish procedures to adopt local amendments to the 2006 International Existing Building Code and for the administration and enforcement of the International Existing Building Code. (d) In conformance with Subchapter G, Chapter 214, Sections 214.211 through 214.214 of the Texas Local Government Code, the 2006 International Residential Code shall be and is hereafter adopted as the Municipal Residential Building Code for the City of Paris. The 2006 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. (e) In conformance with Subchapter G, Chapter 214, Sections 214.211 through 214.213 of the Texas Local Government Code, the 2008 National Electrical Code shall be and is hereafter adopted as the Municipal Electrical Construction Code for the City of Paris. The 2008 National Electrical Code shall apply to all 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. (o Copies of the 2006 International Building Code, 2006 International Existing Building Code, 2006 International Residential Code, and the 2008 IVational Electrical Code will be maintained on file in the Office of the City Engineering, Planning and Development Department and the City Public Library, 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 Article II, Section 7-18 of the Code of Ordinances of the City of Paris shall be and is hereby amended to read as follows: WHEREAS, the City Council deems it to be in the best interest of the City of Paris and its citizens to adopt the 2006 International Building Code, 2006 International Existing Building Code, 2006 International Residential Code and 2008 National Electrical Code as amended with local amendments as set out below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 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 (a) For purposes of this Section, the following definitions shall apply: (1) International Residential Code shall mean the 2006 International Residential Code, including any and all amendments, revisions or revised additions to the 2006 International Residential Code. (2) National Electrical Code shall mean the 2008 National Electrical Code published by the National Fire Protection Association, including any and all amendments, revisions or revised additions to the 2008 National Electrical Code adopted. (3) Building Code shall mean the 2006 International Building Code for, including any and all amendments or revisions thereto adopted. (4) Existing Building Code shall mean the 2006 International Existing Building Code for, including any and all amendments or revisions thereto adopted. (b) In conformance with Subchapter G, Chapter 214, Sections 214.211 through 214.214 of the Texas Local Government Code, the 2006 International Building Code shall be and is hereafter adopted as the Municipal Building Code for the City of Paris. The 2006 International Building Code shall apply to the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures in the City of Paris. The City Council may establish procedures to adopt local amendments to the 2006 International Building Code and for the administration and enforcement of the International Residential Code. "Sec. 7-18. Same - Amendments. The codes adopted by Section 7-16 are hereby amended as set out in this section: The 2006 International Building Code, the 2006 International Existing Building Code and the 2006 International Residential Building Codes are amended as follows: Section 113 Violations Section 113.4 Violation penalties, is hereby amended to read as follows: A person who shall violate a provision of this Code or who fails to comply herewith or with any of the requirements hereof, or who shall erect, construct, alter or repair, or who has erected, constructed, altered or repaired a building or structure in violation of a detailed statement or plan submitted and approved hereunder, or of a permit or certificate issued hereunder, shall be guilty of a misdemeanor and, upon conviction, shall be fined in any sum not to exceed two thousand dollars ($2,000.00) for violations affecting fire safety, zoning or public health and sanitation and not exceeding five hundred dollars ($500.00) per violation in all other cases; and each and every day's continuance of any violation of the provisions of this Code shall constitute and be deemed a separate offense. The 2006 International Building Code is amended as follows: AppendixA, Employee Qualifications, is deleted. Appendix H, Signs, is deleted. Appendix K, ICC Electrical Code, is deleted." Section 4. 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 5. 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 6. That it is the intention of the Ciry 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. Section 7. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 8. That by a supermajority vote of 7 ayes and 0 nays, the City Council voted to suspend the rule requiring two readings before adoption of this ordinance. Section 9. That this ordinance shall become effective from and after its passage of the first reading and publication as required by law. PASSED AND ADOPTED on first and final reading this 23rd day of August, 2010. ( liard, Mayor ATTEST: C ~ ice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McII r, Ci Attorney