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O-322-12-80ORDINANCE NO. 322 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE BUILDING CODE OF THE CITY OF ALLEN, TEXAS, AS ADOPTED BY CITY OF ALLEN ORDINANCE NO. 290, BEING IN PARTICULAR THE 1976 EDITION OF THE STANDARD BUILDING CODE OF THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INCLUDING THE 1977, AND FUTURE AMENDMENTS; AMENDING SECTION 706.6 OF THE BUILDING CODE BY PROHIBITING THE USE OF UNTREATED WOODEN SHINGLES AND SHAKES AS A ROOF COVERING; AMENDING SECTION 1706.7b OF THE BUILDING CODE BY PROHIBITING THE USE OF UNTREATED WOODEN SHINGLES AND SHAKES AS EXTERIOR WALL COVERINGS; PROVIDING FOR CERTAIN EXCEPTIONS TO THESE AMENDMENTS FOR REPAIR OF EXISTING ROOFING OR WALL COVERING; PROVIDING FOR THE READOPTION OF CITY ORDINANCE NO. 290 AS AMENDED HEREIN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the staff of the City of Allen has conducted a study of the dangers posed by the use of untreated wooden shingles and shakes as roofing and exterior wall covering materials; and, WHEREAS, the staff study indicates the primary factors in conflagrations can be identified by overhead fire spread, weather, water supplies, and equipment, and exposure protection; and, WHEREAS, use of untreated wooden shingles and shakes as exterior wall and roof coverings can only lead to continued overhead fire spread with continued defeat of ground- based fire forces, increased destruction of property, and increased danger to persons; and, WHEREAS, dangerous overhead fire spread can be severely limited early in a fire by requiring roofing and wall coverings that have a Class "C" rating as determined by Underwriter's Laboratory, Incorporated; and, WHEREAS, the City Council has reviewed the recommendations of the staff and concurs with the proposed changes to eliminate such conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1: That from and after the effective date of this Ordinance, Ordinance No. 290 is amended by the changing of Sections 706.6 and 1706.7b of the 1976 Edition of the Standard Building Code as therein adopted, so as to read as follows: 11706.6 - WOODEN SHINGLES AND SHAKES Outside the Fire District, buildings not over three (3) stories in height and/or nine thousand (9,000) sq. ft. (See Section 403 for Allowable Area Increases) in area and located not less than six (6) feet from the property line may be roofed with grade labeled and fire resistant labeled No. 1 or No. 2 Wood Shingles or Shakes with a minimum butt thickness of one-half (1/2) inch, securely fastened with rust resistant nails, provided such shingles or shakes have been treated and certified by U.L. as having a minimum of a Class "C" rating. Treated Wood Shingles or Shakes may be applied to roofs with solid or spaced sheathing. The spaced sheathing shall be spaced not to exceed six (6) inches clear, nor more than the width of the sheathing board. Sheathing boards shall not be less than one (1) inch by four (4) inches nominal dimensions. Shingles and shakes shall be applied in accordance with the recommendations of the Red Cedar Shingle and Handsplit Shake Bureau, and with the following exposure:" "1706.7 - EXTERIOR WALL COVERINGS (b) Wood Shingles or Shakes. Wood shingles or shakes used as an exterior wall covering shall be treated and certified by U.L. as having a minimum of a Class "C" rating. Wood shingles or shakes attached to sheathing other than wood or plywood shall be secured with approved mechanically -bonding nails or by corrosive resisting common nails on shingle nailing boards securely nailed to each stud with two 8d nails. Wood shingles or shakes may be applied over fiberboard shingle backer and fiberboard sheathing with approved noncorrosion annular grooved nails or may be nailed directly to fiberboard nailbase sheathing with noncorrosion annular grooved nails. The minimum thickness of wood shingles or shakes between nailing boards shall not be less than three-eighths (3/8) inches." SECTION 2: That from and after the effective date of this Ordinance, roofs existing as of the effective date may be repaired with shakes or shingles of the same type as the original roof, provided such repair does not exceed fifty (50) percent of the surface area of the roof, and does not result in an increase in the total surface area of the roof. SECTION 3: That from and after the effective date of this Ordinance, exterior wall coverings existing as of the effective date may be repaired with shakes or shingles of the same type as the original wall covering, provided such repair does not exceed fifty (50) percent of the surface area of the wall covering, and does not result in an increase in the total surface area of the exterior wall covering. SECTION 4: That City of Allen Ordinance No. 290, except and save that which is amended herein, is readopted in its entirety. SECTION 5: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any phrase, clause, sentence or section of this Ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this Ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 6: Any person, parties in interest, or corporation who shall violate any of the provisions of this Ordinance or fail to comply therewith or with any of the requirements thereof shall be subject to a misdemeanor prosecution and upon conviction shall be punished by a fine of not more than Two Hundred Dollars ($200.00), and each day that such violation shall be permitted to exist or continue shall constitute a separate offense. In the event a corporation is the violator of any of the provisions of this Ordinance, each officer, agent, and employee of such corporation who is responsible for or contributes to such violation in any manner shall be individually and severally liable for the penalties herein prescribed. Where any person is acting solely as agent for the party in ownership, no penalties under this section shall be assessed against such agent as such. SECTION 7: That the caption of this Ordinance shall be published one (1) time in a weekly newspaper published in the City of Allen, Texas. SECTION 8: That the provisions of this Ordinance shall be in effect at 12:01 A.M., January 1, 1981, and thereafter. PASSE AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THIS DAY OF , 1980. M. B. ie son, Mayor ATTEST: J elle Dalsing, City Secretary APPROVED AS TO FORM: A. Don owder, City Attorney T' PASSE AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THIS DAY OF , 1980. M. B. ie son, Mayor ATTEST: J elle Dalsing, City Secretary APPROVED AS TO FORM: A. Don owder, City Attorney rk AFFIDAVIT AND PROOF OF PUBLICATION S ' THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing 3.;Z,;2— of a,;2— of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on J Z 9apv and which was issued on � � , by of Collin County, Texas. A printed copy of said publication is at ched hereto. SUBSCRIBED AND SWORN to before me this Publisher's Fee $ day of o , A.D. 19_� . Notary Public in and for Collin County, Texas Al 0S . J ORDINANC14 iSlc, _ a, An Ordinance of the City of Allen, COIUn Co4jnty, Texas, amending %he building code of the City of Allen, Texas, as adopted by City of Allen Ordinance No. 290, being in particular the 1976 edition of the "Standard Building Code" of the Southern Building Code Congress Interna-. _tional, Including the 1977, and future amendments; amending Section 706.6 of. the Building Code by pro- hibiting the use of un- treated wooden shingles and shakes as a roof cover - Ing; _amending Section 1706.7b of the Building Code by prohibiting the use, of- untreated wooden shingles and shakes as ex- terior wall' coverings; pro- viding for certain excep- tions to these amendments for repair of existing roofing or wall covering; providing for the readoption of City Ordinance No. 290 as - amended herein; providing a Severability Clause; pro- viding a penalty for violation of this Ordinance; providing for ,the_ publication of the, caption hereof; and pro- viding for an effective date. Duly Passed by the City Council of the City of Allen, Texas, on the 4th day of December, 1980. Approved -s-M.B. Pierson, Mayor Attesi: Juariell`e D'alsirig, ; City Secretary (Published In The Allen American Monday, December 8 and Thursday, December 11, 1980)