HomeMy WebLinkAboutO-48-1-64ORDINANCE NO.
AN ORDINANCE REGULATING THE CONSTRUCTION, ALTERA-
TION, REMOVAL, DEMOLITION, EQUIPMENT, USE AND
OCCUPANCY, LOCATION AND MAINTENANCE OF BUILD-
INGS AND STRUCTURES IN THE CITY OF ALLEN, TEXAS;
PROVIDING FOR FEES FOR BUILDING PERMITS; PROVID-
ING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE AND THE PUBLICATION OF THE CAPTION
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS.
SECTION I. ADOPTION OF BUILDING CODE.
There is hereby adopted by the City of Allen for the
purpose of establishing rules and regulations for the
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 National Building
Code recommended by the National Board of Fire Underwriters,
being particularly the 1955 edition thereon and the whole
thereof, save and except such portions as are hereinafter
deleted, modified or amended, of which not less than three
(3) copies have been and now are filed in the office of
the Clerk of the City of Allen and the same are hereby
adopted and incorporated as fully as if set out at length
herein, and from the date on which this ordinance shall
take effect, the provisions thereof shall be controlling
in the construction of all buildings and structures there-
in contained within the corporate limits of the City of
Allen.
SECTION II. ESTABLISHMENT OF OFFICE OF BUILDING
OFFICIAL.
(a) The office of building official is hereby created
and the executive official in charge shall be known as
the building official.
(b) The building official shall be appointed by the
City Council. His appointment shall continue during good
behavior and altisfactory service. He shall not be re-
moved from office except for cause after full oportunity
has been given him to be heard on specific charges.
(c) During temporary absence or disability of the
building official the appointing authority shall designate
an acting building official.
SECTION III. QUALIFICATIONS OF BUILDING OFFICIAL.
To be eligible to appointment, the candidate for the
position shall have had experience as an architect, struct-
ual engineer, building inspector or superintendent of
building construction. He shall be in good health,
physically capable of making the necessary examinations
and inspections. He shall not have any interest what-
ever, directly or indirectly, in the sale or manufacture
of any material, process or device entering into or used
in connection with building construction, alterations,
removal, and demolition.
SECTION IV. DUTIES OF BUILDING OFFICIAL.
(a) The building official shall devote his whole
time to the duties of his office. He shall receive appli-
cations required by this code, issue permits and furnish
the prescribed certificates. He shall examine premises
for which permits have been issued and shall make necessary
inspections to see that the provisions of law are com-
plied with and that construction is prosecuted safely.
He shall enforce all provisions of the building code.
He shall, when requested by proper authority, or when
the public interest so requires, makinvestigations in
i
connection with matters referred to n the building code
and render written reports on the same. To enforce com-
pliance with law, to remove illegal or unsafe conditions,
to secure the necessary safeguards during construction,
or to require adequate exit facilities in buildings and
structures, he shall issue such notices or orders as may
be necessary.
(b) Inspections required under the provisions of
the building code shall be made by the building official
or his duly appointed assistant. The building official
may accept reports of inspectors of recognized inspection
services, after investigation of their qualifications and
reliability. No certificate called for by any provision
of the building code shall be issued on such reports unless
the same are in writing and certified to by a responsible
officer of such service.
(c) The building official shall keep comprehensive
records of applications, of permits issued, of certificates
issued, of inspections made, of reports rendered, and of
notices or orders issued. He shall retain on file copies
of required plans and all documents relating to building
work so long as any part of the building or structure to
which they relate may be in existence.
(d) All such records shall be open to public in-
spection for good and sufficient reasons at the stated
office hours, but shall not be removed from the office of
the building official without his written consent.
(e) The building official shall made written reports
to his immediate superior once each month, or oftener
if requested, including statements of permits and certi-
ficates issued, and orders promulgated.
SECTION V. COCPHRATION OF OTHER OFFICIALS.
The building official may request and shall receive
so far as may be necessary, in the discharge of his duties,
the assistance and cooperation of other officials of the
municipality.
SECTION VI. RIGHT OF ENTRY.
The building official, in the discharge of his
official duties, and upon proper identification, shall
have authority to enter any building, structure or pre-
mises at any reasonable hour.
SECTION VII. DEFINITIONS.
(a) Wherever the word "Municipality" is used in
the building code, it shall be held to mean the City of
Allen.
(b) Wherever the term "Corporation Counsel" is
used in the building code, it shall be held to mean the
Attorney for the City of Allen.
SECTION VIII. FEES.
(a) No permit as required by the Building Code shall
be issued until the fee prescribed in this Ordinance
shall have been paid.
(b) The fees established for the repairs, con-
struction and removal of structures is as follows:
REPAIRS
1) Up to $250.00 in costs - no permit required.
2) From $250.00 to $19000.00 in costs - a per-
mit is required, but no fee is paid.
3) For all repairs over $1,000.009 per each
$1,000.00 costs $1.50
SIGNS
Flat rate permit fee
Billboards $3.00
NEW CONSTRUCTION
Minimum fee of $1.00
1) Sheds, garages, per square foot of floor area
2) Box construction, per square foot of $ .002
floor area ,003
*3) House, frame and siding
Basement, per square foot of floor area .003
Main floor and all other floors, per
square foot of floor area .006
W House, veneer, masonry
Basement, per square foot of floor area .003
Main floor and all other floors, per
square foot of floor area .007
*5) Commercial buildings, masonry
(Multi -family buildings over two-family)
Basement, per square foot of floor area .004
Main Floor and all other floors, per square
foot of floor area .007
a6) Commercial buildings, metal lath and stucco
per square foot of floor area .004
Steel frame, iron -clad warehouse, per
square foot of floor area .003
Garages, patios, porches, breezeways, etc.,
figured at 1/2 above rates.
MOVING PERMITS
A permit fee of $5.00 will be required to move any
structure in excess of 80 square feet. This fee will be
required in addition to the fees described above and will
be levied at the time of the issuance of the building per-
mit in the name of the property owner.
DEMOLITION
Permit required for demolition or removal of any
building but no fee charged.
MISCELLANEOUS CONSTRUCTION
Items such as underground gasoline tanks and other
miscellaneous items not designated above will be charged
as "Repairs" as listed above.
SECTION IX. SAVING CLAUSE.
Nothing in this ordinance or in the building code
hereby adopted shall be construed to effect any suit or
proceedingg now pending in any court, or any rights acquired,
or liability incurred, nor any cause or causes of action
accrued or existing, under any act or ordinance repealed
hereby. Nor shall any right or remedy of any character
be lost, impaired or affected by this ordinance.
SECTION X. VALIDITY.
The invalidity of any section or provision of this
ordinance or of the building code hereby adopted shall not
invalidate other sections or provisions thereof.
SECTION XI. INCONSISTENT ORDINANCES REPEALED,
Ordinances or parts thereof in force at the time
that this ordinance shall take effect and inconsistent
herewith, are hereby repealed.
SECTION XII.
Any person, firm or corporation who violates any
provision of this ordinance shall be deemed guilty of
a misdemeanor and upon conviction therefor shall be
fined any sum not to exceed $200.00 and each and every
day that such violation continues shall be construed to
be a separate offense; provided, however, that nothing
contained herein shall preclude the municipality from
bringing suit for injunction for the prevention of any
threatened violation or the removal of any structure in
violation of this ordinance.
SECTION XIII.
The caption of this ordinance shall be published one
time in a newspaper having general circulation in the
City of Allen, Texas, and shall be effective thirty (30)
days after such publication.
Duly passed and approved by the CITY COUNCIL Or TuE
CITY OF ALLEN, TEXAS, on this the 2 3 day of # "Vu &v~
9le
i
Gentry ones
CORRECTLY RECORDED: Mayor
A,tu. S oryc/
City Secretary
Legal Notice
of
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48
1. A C. Story, City Secretar
the Tewn of Allen Texas, c
ty that the foregoing is a true
Correct copy of the caption of
dinance No. 48, duly passed
approved by the City Counci
the Town of Allen, Texas, on
39 day of January19„ 6$., ,� r,
A. C. Story, Simi
City secrau
(seal)�o/L,