§ 15-27. Amendments.

The following sections of the 2015 International Fuel Gas Code adopted in Section 15-26 are amended as follows:

1.

Section 103.1 General is amended to read as follows:

The Planning Department shall be responsible for the administration of this code, with the Planning Director designated as the code official.

2.

Section 106.1 Where required is amended to read as follows:

An owner, owner's authorized agent, or contractor who desires to erect, install, enlarge, alter, repair, remove, convert, or replace an installation regulated by this code, or to cause such work to be performed, shall first make application to the planning department and obtain the required permit for the work, repair, remove, convert or replace any plumbing system, the installation of which is regulated by this code or to cause any such work to be done, shall first make application to the code official and obtain the required permit for the work.

All persons who obtain a permit to perform the work subject to the provisions of this chapter shall possess a responsible master plumbing license in accordance with the provisions of Texas Occupations Code Chapter 1301.

A property owner is not required to be licensed under Texas Occupations Code Chapter 1301 for the performance of gas fitting repairs on their property.

3.

Section 106.6 Fees is amended to read as follows:

The fees for all gas fitting work shall be as indicated in City of Eagle Pass Code of Ordinances Section 15-33.

4.

Section 109 Means of Appeal to the BCC is amended to read as follows:

A.

The City of Eagle Pass Building Codes Council (BCC) is hereby created in and for the City of Eagle Pass.

The BCC shall have the sole authority to hear and decide appeals concerning the interpretation, administration and enforcement of the building code.

B.

Composition. The persons selected to serve on the BCC shall possess knowledge of the international building codes and the national electrical code, and shall be drawn from the following fields of expertise:

(1)

One registered electrical contractor who is an active master electrician.

(2)

Two registered contractors with knowledge of the building codes.

(3)

One local business person.

(4)

One architect or engineer.

The Planning Director or their designee shall serve as the Secretary for the BCC.

C.

Appointment. The members of the BCC shall be appointed by the City Council.

D.

Tenure of office. The members of the BCC shall hold office for a term of two (2) years from the date of their confirmation until the date or reappointment, or until their successors have been appointed by the City Council.

No BCC member shall serve more than two (2) consecutive terms.

E.

Removal. Any member of the BCC may be removed for cause by the City Council upon the receipt of a recommendation of such removal for cause by the City Manager, or may be removed by the City Council without such recommendation if the City Council finds that the removal of a member or members is in the public interest.

F.

Quorum. Four members of the BCC shall be present at any meeting as a requirement for the transaction of business.

G.

Compensation. The members of the BCC shall serve without compensation.

H.

Officers. The BCC shall elect a Chair and Vice Chair at the first meeting of each calendar year.

I.

The BCC shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code.

1.

An appeal shall be based upon a claim that (a) the true intent of the building code has been incorrectly interpreted, (b) the provisions of the building code do not fully apply, or (c) an equally good or better form of construction is proposed.

2.

The BCC is not authorized to waive the requirements of the building code.

3.

Appeals of orders, decisions, or determinations made by the building official or fire marshal relative to the application and/or interpretation of the various codes adopted herein shall be filed with the building official in writing within thirty (30) calendar days of the date of the order, decision, or determination together with the one hundred fifty dollar ($150.00) appeal processing fee. Failure to appeal within thirty (30) calendar days of written notification of action or determination shall waive any right to an administrative determination of the matter.

4.

Except for any action undertaken pursuant to City of Eagle Pass Code of Ordinances Chapter 8 governing unsafe structures and equipment, the enforcement of any notice and order by the building official shall be stayed until final determination of the appeal is made by the BCC or by a court of law under judicial appeal.

5.

The appeal hearing process shall conform to Section 20 of City of Eagle Pass Code of Ordinances Appendix A.

5.

Section 202 (IFGC) General definitions is amended to include the following additional definitions:

Plumbing inspector means a person who (a) is employed by the city of Eagle Pass, either through contract or as an employee, to inspect plumbing in connection with the provisions of this chapter, (b) has satisfied the examination requirement set forth in Texas Occupations Code Chapter 1301, and (c) has fulfilled the other requirements of the Texas State Board of Plumbing Examiners.

If the services of an inspector are not available from the city, then the applicant for a permit shall engage the services of a plumbing inspector licensed in accordance with the provisions of Texas Occupations Code Chapter 1301 to perform the inspection and provide written results to the city as to the inspection. In the event that city inspection services are not available from the city, then the permit fee shall be twenty-five dollars ($25.00).

(Ord. No. 2016-13, § 4, 3-22-2016)