Loading...
O-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 $200.00 and each and every day that such violation continues shall be construed to be a separate offense; provided, however, that nothing contained herein shall preclude the municipality from bringing suit for injunction for the prevention of any threatened violation or the removal of any structure in violation of this ordinance. SECTION XIII. The caption of this ordinance shall be published one time in a newspaper having general circulation in the City of Allen, Texas, and shall be effective thirty (30) days after such publication. Duly passed and approved by the CITY COUNCIL Or TuE CITY OF ALLEN, TEXAS, on this the 2 3 day of # "Vu &v~ 9le i Gentry ones CORRECTLY RECORDED: Mayor A,tu. S oryc/ City Secretary Legal Notice of a pe ,rdin the 48 1. A C. Story, City Secretar the Tewn of Allen Texas, c ty that the foregoing is a true Correct copy of the caption of dinance No. 48, duly passed approved by the City Counci the Town of Allen, Texas, on 39 day of January19„ 6$., ,� r, A. C. Story, Simi City secrau (seal)�o/L,