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O-592-3-85ORDINANCE NO. 592-3-85 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS REPEALING ORDINANCES NO. 290, 322, AND 519-6-84 OF THE CITY OF ALLEN, TEXAS; AND AMENDING SECTION I OF ORDINANCE NO. 48 OF THE CITY OF ALLEN, TEXAS, BY ADOPTING: THE 1982 EDITION OF THE UNIFORM BUILDING CODE INCLUDING FUTURE AMENDMENTS; THE 1984 EDITION OF THE NATIONAL ELECTRICAL CODE INCLUDING FUTURE AMENDMENTS; THE 1982 EDITION OF THE UNIFORM MECHANICAL CODE INCLUDING FUTURE AMENDMENTS; AND THE 1982 UNIFORM PLUMBING CODE INCLUDING FUTURE AMENDMENTS THERETO. FURTHER AMENDING ORDINANCE NO. 48 OF THE CITY OF ALLEN, TEXAS, BY CHANGING CERTAIN LANGUAGE CONTAINED IN SECTIONS IV (a) , IV (b) , VII (a) , VII (b) , AND VIII THEREOF; AND FURTHER AMENDING ORDINANCE 48 OF THE CITY OF ALLEN, TEXAS, BY ADOPTING A FEE SCHEDULE FOR REPAIRS, CONSTRUCTION AND REMOVAL OF STRUCTURES UNDER SECTION VIII(b) THEREOF, AND FURTHER AMENDING THE 1982 EDITION OF THE UNIFORM BUILDING CODE SECTIONS 3202, 2516, 3208, AND 3802, PROVIDING FOR A SPECIAL ASSESSMENT FOR THE COST OF REMOVAL OF UNSAFE BUILDINGS, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY FOR A VIOLATION OF THIS ORDINANCE, PROVIDING FOR READOPTION, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Building Official has reviewed the 1982 Uniform Building Code and the 1982 Uniform Mechanical Code, and the 1982 Uniform Plumbing, and the 1984 National Electrical Code by National Fire Protection Association; and, WHEREAS, the Building Official has further compared each code above with the current codes being used by the City of Allen; and, WHEREAS, the Building Official is of the opinion that the Uniform Codes are more widely used in this region, and that adoption of Uniform Codes would decrease Codes confusion and delays for builders, and is further of the opinion that a greater variety of codes training programs is available in this region on the Uniform Codes, which will not only decrease the cost of training local inspectors, but also reduce construction costs for the general public, and recommends the adoption of each Code above as amended herein by the City Council of the City of Allen, Texas; and, WHEREAS, the Building Official has further reviewed the current methods of charging fees for the issuance of certain building and relative permits, and is of the opinion that the same fees should be charged in accordance with the provisions of this Ordinance and more particulary Exhibit "A" attached hereto; and WHEREAS, the City Council has reviewed the recommendations of the Building Official and concurs with the proposed adoptions and.amendments, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, T*XAS: Section I: That from and after the effective date of this Ordinance, Ordinances No. 290, 322, and 519-6-84 are hereby repealed. Section II: That from and after the effective date of this Ordinance, Section I of Ordinance No. 48, Adoption of Building Codes, is hereby amended in the following manner and shall read as follows, to wit, SECTION I - "ADOPTION OF BUILDING CODES" 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, the following codes: A. Uniform Building Code, being in particular the 1982 Edition and including future amendments or revisions as they are published, and shall be in effect except as it may be in� conflict- with -the provisions of any -ordinance of the City -of Allen. B. National Electrical Code of the National Fire Protection Association, beinq in particular the 1984 Edition and also to include any and all future amendments or revisions as they are published and shall be in effect except as it may be in conflict with the provisions of any ordinance of the City of Allen. C. Uniform Plumbing Code, being in particular the 1982 Edition and also to include any and all future amendments or revisions as they.are published, and shall be in effect except as it may be in conflict with the provisions of any ordinance of the City of Allen. D. Uniform Mechanical Code, being in particular the 1982 Edition and also to include any and all .future amendments or revisions as they are published, and shall be in effect except as it may be in conflict with the provisions of any ordinance of the City of Allen. E. Cabo One and Two Family Dwelling Code of the Council, of American Building Officials, being in, particular the 1983 Edition and also to include any and all future amendments or revisions as they are published, and shall be in effect except as it may be in conflict with the provisions of any ordinance of the City of Allen. and the whole of the above codes, save and except such portions as are hereinafter deleted, modified, or amended, or which are in conflict with any existing City of Allen ordinances not otherwise repealed herein, of which not less than three copies have been and are now filed in the office of the City Secretary of Allen and the same are hereby adopted and incorporated as fully as are set out at length herein and from the date on which this ordinance shall take effect the provisions thereof shall be controlling in the constructions of all buildings and structures being approved for construction building permits after the date of adoption within the corporate limits of the City of Allen. Exception: Building and structures which have been approved for permit prior to the adoption of this Ordinance shall be constructed as approved after review based upon the building codes that were in effect at the time of issuance of the permit. Section III: That from and after the effective date of this Ordinance, Sections IV (a) , IV (b) , VII.(a) , VII(b), and VIII of Ordinance No. 48, are hereby amended in the following manner. The term "building code" contained in the foregoing Sections IV(a), IV(b), VII(a), VII(b), and VIII of Ordinance No. 48 shall hereinafter read "building, electrical, plumbing, mechanical code." Section IV: That from and after the effective date of this Ordinance, Section VII(b) relating to repairs, construction, and removal of structures, fees of the City of Allen Ordinance No. 48 hereby amended in the manner appearing in Exhibit "A" attached hereto, and made a part hereof for all purposes. Section V: Whenever any structure has been, removed under the provisions of this Ordinance and the Uniform Building Code is adopted herein, the City Secretary shall issue either a personal notice or a notice to be published in the Official Newspaper and the City notifying the owner to appear before the City Council for hearing on a date to be fixed by the Council. Such date being at least ten (10) days after the notice, and to show cause why the charge or the cost of removal shall not be imposed such, owner and his premises as a special assessment. If it appears to the City Council upon the hearing that the charges are reasonable and covers only the costs and expenses required, the Council shall levy a special assessment against the lot, tract,, or parcel of land, from which any such structure was removed, and that special assessment shall constitute a lien against the premises, and a personal charge against the owner, and the same shall be collected by the Tax Collector as other taxes are collected in the City. Section VI: That from and after the effective date of this Ordinance, certain Sections of the 1982 Edition of the Uniform Building Code, being in particular Section 3802, is hereby amended to require that all buildings including -,residential, business, and mercantile, three (3) stories and above, shall be provided with an approved automatic sprinkler system. All mechanical and electrical systems shall be approved and installed in accordance with approved plans and specifications pursuant to this section, and shall be tested and approved to be in proper working order to the satisfaction of the Building Official before issuance'of Certificate of Occupancy. Section VTI: The 1982 Edition of the Uniform Building Code is further amended as follows: Section 2516, Table No. 25-R-3 "Size; Height, and Spacing of Wood Studs," is hereby amended in the following manner. A. Table No. 25-R-3, shall be used for the sizing and spacing of wood studs with the exception that all wood studs located in loan supporting walls only shall be spaced at no greater distances than 16 inches on center Section VIII: That from and after the effective date of this Ordinance, the Uniform Building Code is adopted herein, being in particular Sections 3202 and 2516, shall be amended to provide that roof covers and exterior wall coverings of wood shingles or shakes shall be allowed, provided such wood shingles or shakes have been treated and certified by UL as having a minimum of a Class C rating. Section IX-, 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, or section of this Ordinance shall be declared unconstitutional or invalid by any judgement or decree of a Court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any remaining phrase, clause, sentence, paragraph, or section of this Ordinance and the City Council hereby declares that it would have passed the remaining portions even though it had known the effective parts would be held unconstitutional. Section X: 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 prosecution, and upon conviction.shall, be punished by a fine of not more than One Thousand Dollars ($1,000.00), 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 provision of this Ordinance, each officer, agent, and employee of such corporation who is responsibile 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 XI: Ordinance No. 48, as so amended, is hereby readopted by the City Council of the City of Allen. Section XII: The Uniform Building Code being in particular the 1982 Edition as amended herein, is hereby readopted by the City Council of the City of Allen. Section XIII: The caption of this Ordinance shall be published one (1) time in a weekly newspaper published in the City of Allen, and shall be effective immediately upon its passage and publication. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, on the 7th day of MARCH , 1985. "'01191 1 ' .. - - I - 11,11 W - VA '01 i SRI I WIN&I ATTEST: Marty Hendrix, City Secretary APPROVED AS TO FORM: A. r , City Attorney ATTACHMENT TO ORDINANCE NO. 592-3-85 ADOPTED: MARCH 7, 1985 "EXHIBIT A" New Buildina Permit Fee A new building permit fee includes all fees for the building, electrical, plumbing, mechanical, fire protection systems and concrete to be done during the new construction which is included on the plans submitted. Work done after the final inspection has been made for said permit will require additional permits for repairs, alterations, additions or finishing of shell buildings or other specific permits or miscellaneous permits. (1) $275.00 for each new single family dwelling (2) $225.00 for each new duplex or townhouse dwelling unit (3) Apartments - Multi -family dwellings - minimum fee $375.00 . Ft. of living area 0 - 20,000 20,001 - 50,000 50,001 - 100,000 100,000 - and over (4) Shell Buildings - Minimum Fee $225.00 0 - 5,000 5,001 - 50,000 50,001 - 100,000 100,000 - and over Permit Fee .10 per sq. ft. $2,000 for the first 20,000 sq. ft. + .05 for each additional sq. ft. $3,500 for the first 50,000 sq. ft. + .03 for each additional sq. ft. $5,000 for the first 100,000 sq. ft. + .015 for each additional sq. - ft. .09 per sq. ft. $450 for the first 5,000 sq. ft. + .05 for each additional sq. ft. $2,700 for the first 50,000 sq. ft. + .025 for each additional sq. ft. $3,950 for the first 100,000 sq. ft. + .015 for each additional sq. ft. (5) Completion of Shell Buildings - Minimum Fee $225.00 0 - 25,000 25,001 - 50,000 50,001 - and over .05 per sq. ft. $1,250 for the first 25,000 sq. ft. + .03 for each, additional sq. ft. $2,000 for the first 50,000 sq. ft. + .015 for each additional sq. ft. (6) Finished Commercial Buildings - Minimum Fee $225.00 0 - 10,000 10,001 - 50,000 50,001 - and over .10 per sq. ft. $1,000 for the first 10,000 sq. ft. + .06 for each additional sq. ft. $3,400 for the first 50,000 sq. ft. + .03 for each additional sq. ft. ATTACHMENT TO ORDINANCE NO. 592-3-85 ADOPTED: MARCH 7, 1985 EXHIBIT "A" New Building Permit Fee (cont'd) (7) Additions - Alterations - Repairs - Fire Damage Minimum permit when inspection is not required - $10.00 Minimum permit when inspection is required - $25.00 Permit fee - $10.00 per thousand dollars ($1,000.00) or fraction thereof based on actual total market value. Sinale Fee Items 1. Fence permit $ 20.00 2. Swimming Pool 100.00 3. Spa 50.00 4. Moving permit 50.00 5. Demolition permit 50.00 6. Temporary Building permit 50.00 7. Detached Accessory Buildings (100 sq. ft. or less) 25.00 8. Detached Accessory Buildings (above 100 sq. ft.) 50.00 9. Filing Fee Appeals 50.00 10. Certificate of Occupancy (not to be charged if covered by building permit) 25.00 Individual Fees Per Insnection Residential Electrical Plumbing Mechanical Re -inspection Fee . • $20.00 $20.00 $20.00 $20.00 Commercial $35.00 $35.00 $35.00 $35.00 Page 2 ��•tt, ; LL , •la' uM - ' ' _ .. AFFIDAVIT AND PROOF OF PUBLICATION , , �'ti��/"' � r9 • .���,t "•.�• q` Lir { I t •, �. '� F HE-STAT"F,TEXAS COUNTY. OF COLLI�1 . I .• Char ] e s F r • ,. r .•• ',;'+�i'�' `•,��`�'4�''��=� -; :.� ; "�,�•�- ' �;. �- ' ` ' who hfl<Iri•[tg bee ' ►BEFQ _F 1VIE; the undersigned authority, on this day personally appeared by,. >t>4e duly wvorn; on oath' deposes and says' r x t» , , � y ,That' he-ii-p4bllsher, of THE ALLEN AMERICAN, a newspaper published in Collin County, Tezas, not leafs ire quently that once a week; having a general circulation in said county, and having been published regularlyart Cor tinuously,for more than twelve mouths'prior to publishing #!s 590-3=859 591-;3=85, 592.385 t uiwhich e ",ttiattached is!a true'and written copy, and which was published in THi ALLEN Amt RICAN oq - '14,- 1985 8 5' f. i .J City -of f A 11 e n and which was issued an 3 / 11 / , , by , of. Collin. County'; Texas, A, printed copy of said publication isl att hed her i `SUBSCRIBED iAND SWORN to before me this ,, . i �-- day of „ _ , . , ► Ai.P 18, n �.. s County, Te a ` .,��K:{i, :•xr .r4 _.,. I .Notary�Pu t in and for Collip 20 :rublisher's Fee•;6' •, — �� ;t�. _ =�, - ' • ,•`p�•tid�"' �" �x'�., x .K'G's,! , '', �f �. �.i .� ' `' ' � r , , 2. Public Notices 2. Public NoticeS f Public Notices r 1,';j the City of Allen, Col- I " -\""AWTV OF,ALLEN.��#1�i Ain -County,Texas, . . unending City o Allen l PUBLIC NOTICE_ c4��i �, Repealing. Ordinances . h- Ordinance No.- 317 pa Notice is horeby.igiven.1 F No.u, 290, 322, and, CC r in eresi, or cgrpora{Ion? HeretofgrQ Amended, that the`Allm 04Y ours- 51Q-6.84 •, of ,the City., t cit a¢°gted the followingi f' who shall violate any of. Prpvidln8 for Readop i Allen, Texas;' a d'Amen prdingncea Jn their r the provisions of this or- tion' Providing • for the )� �: ding Section I of Or, Pubricatiort. Qf lhq Cap- dinance or fail to Comply , , ix regular/seseloalheld,•ori i d nance No., 46 of the Cl, • i ,lion, Hereof,, and Pro Thursday. March 7,. p therewith or rvith'any of r 1s8b ty- of Allen,, by l., l'rltles•a Mod I Flpual_ty,� 3 Adopting; The 1982 I;di the rQqulrementq thereof, ', vidlnp' for, EffeGUYe'� Clausesonly.)i ient v,0 r tion of the Uniform 'I '"ip6ifi,"•' ' 0rdln0nce' ul..,ANQ,•„ t. Building Code,inclpding" ;: shall iia subleGt 1q arse t- Any t, or corp tiatl In' ' 1, secution, end ppon,con•• interest, pr cor oratlpn lL.5Y0.3.45. An Ordlnence" Futur Amen feth9' Na � � viction shall be Punished � , . whq sh411 vlolate any 9!„ pt.lhe,CltY of,Allen,,Col ` by a, line of not more the provision of this or•,, ' tin County; Texas, Amen* = # tlonal Electrical Code In- lin Comprehensive) ; cluding Future Amend N than one Thousand _ dinanc@ or fail to comply ' r i oilar$ t ($1,000-0011 and! ' therewith or, WIth anY Qf Zoning r_Ordlnance;;No.i , mente; the 1902 Edition D 366.10,81.. of the, City oft of; _ theil"'IUn'iform' , each hal thatermitedt � r..the.e•• rQqutesubje t Allen, ilas. Heretofore' l f tion shall be permitted {o ^ .�. thereof, be subject && Mechanical:}i;ode� n .; extol o[.�yQ tt uye:`shall. toprosecutiop,endupon 1,1 Amended, so as' to At;; cludin Future Amend ,. ` tach a Specific Uae Per-- g ggnat�lu{e"? s a to Qf;,, 1$H convlctton,t 14he11 = menta; and . the 1882 f fen$e.' In the' ev nt 'e cor j y punio4ed Qy fine of ngt'. mltcifpr, the Accessory; Unlfoim;Plumbing Code • a {�^ Use'of "Gasoline Sales”, f Ingluding Futurre Amend,'.y ,' PQr� Ips le lha Y olator of 11+ more day that suc hOvl9 a ; TherefprQr„Restricting Monts Thereto. Further ' ;,any p( the+provlslone of,- lion shall be permitted t. ' 0.7166,Acres, Seing'Part- • Amending Ordinance '. i {htO..QrdJnance, each ON ; exist or continue shall ' �l`of••Lot<2,.Trac{,1, Allen, . No. 48 of °the City of i ficerl,.+dagent, and' constitute a separate of-' town Center Addition, in E Allen, Texas, By Chang• •X amylpPygv ;Ah Ouch • cor•, fense. � 1he,Petsr Wetzel suryoy,g In Certaln 'Languagat :pofri{Ion�whq ds respon-� Copies of these ow, }'Abstract No. 990, and, thgl' Containgd • In SQctipnO 1 ' sible for,, or ggntributes ; dinances may be read or, JDavldj;WeizQl,;_Survey,.� �::., I to such violallon In any, j purchased Imthe•office' S manner, ¢hell -be' In•• AbstraRf No. 877, of the . lV(a), IV(bj, VII(b), and Vill of the City • SQcretaryl .l i divigually' severally; I (i Deed Thereof; .and Furth.et11 11 for a penalties Allen Municipal ,Annex, (!'Collin., fi gmendinl1i.OrdManhe i One Butler Circlq, Allen, itReeorda,,,�Presgnl)yl her lnpiq*41bed.Where ; ;,Delineated 'on the pf-J No.' 48 •o the City of; Texas. � s.. r �, pefsor► is acting , : Marty Hendrix Iiclpl,,Zoninq t MaP "asro ” Allen, ,Texas,i By Adop- " I I h i �I "¢� agent is, the- If ; City Secretary „Shopping Centor,•(SC); ting a, Fee Schedule foi; f , no l , p X`•• Tl;••.awnershlp r Repairs, Construction;] �• r (Publlshta{f In the Allan Providing ,for a ,Penalty, 1; and , Remove) of Struc-�j slues under this sec American on - Monday, (?Providing,for aniEffeC turess,Under, Sectlon� t-lVff!6lh4ll,be assessed March 11 1085 and! l tive,Dale; and (rpvlding VIII(b) "Thereof, and Fur-"' 40ainslimsubh bb, as: Thursday, �' March 14,1 �. tor,; Public_atlon:, of •,the" ' such ; , -% > k Caption. , then Amending the 1862: + 1905.) �` ' ``�"' Edition., f the Uniform Ordlnanee, , No;; , That any"person, firmN Building Code Sections' 692•$'45'`"-An,,ordinance, or, corporation violating•; g i of the City of Allen, Col--' any of the provisions or,, 3202,r�2516 l3208 and.1 lin County,.Texas, Amen 2802, 1Prov�0 ng, _for a ; din Section I of Or-•, terms of this, 4rdlnance,� g $, shall ,,be ;eubJept to, the,,, Special Assessment • for . dinance No, 520-6.84, By +' same ,�ena t as `prpvld F the Cost of Removal of I y'' � Unsafe Buildings,- Pro -T Adopting' the 1984 Ed • I ed for n ihe'f;,omprehen�; tion of the National Elec sive Zonin0"-,Ordinance' viding-'a-!S4verability, trical Code of the Na-,� N6, 366 -10-81'10f the City Clause; ,Providing , a 1 of =Allen, • as-, heretofore Penalty for a ylolatlon of,� tlonel Fire Protection' This: Ordinance; Pro7'. AOsgctation and Future' amended,•and'upon con- T Artnendments•• Therelo. I.: vlction shall be punished t"'viding +'for`.Readoptlon;h Further', Amending the; 'py.a.fine not,to exceed' 'Providing for they E Allen Electrical Code, l'the^sum.of^One Thou•; �Rublipatl4n3of the Cap I Described" In : Exhibit sand Dollars �($1,000.00):t i. vild n on Hfproa'n hfQclive - "A 1" and Attached to' t for each offense•, ,, ,, [ P• . ,.? : i .. and Made a Part of City" }; iOrdinangp .>�,V No., Date. of and Ordinance No. s 159173.85. An Ordinance;! s. Any person`; parties Intl 520.6-84, and Further' ©0