§ 8-16. [Amendments.]
The following sections of the building codes adopted in section 8-15 are amended as follows:
A. International Building Code
1.
Section 101.2 Scope, Exception 2 is amended to exclude townhouses.
2.
Section 101.4.4 Property Maintenance is not adopted.
3.
Section 102.6 Existing structures is adopted, except that the reference to the International Property Maintenance Code is deleted.
4.
Section 103.1 Creation of enforcement agency is adopted, except that the term "department of building safety" shall be replaced with the term "planning department". The planning director shall serve as the building official for purposes of the administration of this code.
5.
Section 103.3 Deputies is adopted, except that the reference to the International Property Maintenance Code is deleted.
6.
Section 104.10 Modifications is amended to read as follows:
Whenever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to consider and grant modifications on a case-by-case basis upon the receipt of a written modification request, provided that the building official shall first find that special individual reason makes the strict letter of this code impractical and that the modification is in compliance with the intent and purpose of this code, and that such modification does not lessen the health, accessibility, life and fire safety, or structural requirements of the code.
The request for modification shall be submitted in writing to the building official and shall contain the following information:
a.
The applicable code section.
b.
A detailed description of the prescriptive path required by the specific section of the applicable code for which the modification is sought.
c.
The purpose of the prescriptive path.
d.
A description of the modification request, including detailed documentation that includes the following:
i.
The practical difficulty involved in carrying out the provisions of the code.
ii.
The special individual reason that makes the application of the code impractical. Impractical is defined as a code requirement that is incapable of being accomplished without extreme hardship. Extreme hardship may include expense, but this specific form of hardship shall be supported by a cost-to-benefit analysis.
iii.
The modification is in compliance with the intent and purpose of the code. Documentation in support of the request shall be provided from nationally recognized standards referenced in the International Building Code (IBC) and the International Fire Code (IFC).
iv.
The modification does not lessen health, accessibility, life and fire safety, or structural code requirements.
v.
The modification is not intended to permit setting aside or ignoring a code provision; rather, it is intended to provide acceptance of equivalent protection. Such modifications shall not extend to actions that are necessary to correct violations of the code. A code violation, or the expense of correcting a code violation, or construction undertaken that is not in conformance with approved plans, shall not constitute a practical difficulty.
7.
Section 104.11 Alternative materials, design and methods of construction and equipment is amended to read as follows:
The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
The request for the use of alternative materials, design, and methods of construction and equipment shall be submitted in writing to the building official and shall contain the following information:
a.
The applicable code section.
b.
A detailed description of the prescriptive path required by the specific section of code for which the alternative method is sought.
c.
The purpose of the prescriptive path.
d.
A description of the alternative method request, including detailed documentation that includes the following:
i.
Demonstration that the alternative addresses the safety of building occupants.
ii.
Demonstration that the alternative offers equivalent performance as that required by the code.
iii.
A report in support of the request shall be provided that contains evidence of this equivalency. This report shall comply with the directive contained in IBC Section 104.11.1.
iv.
The alternative provides an equivalent level of protection for the public health, safety and welfare as required by the code.
8.
Section 105.2. Work exempt from permit is amended to read as follows:
a.
Sub-Section 1 is deleted.
b.
Sub-Section 2 is deleted.
c.
Sub-Section 4 is amended to read as follows:
Retaining walls that are not over 4-feet in height, as measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, Class II, or Class III liquids. Any portion of the retaining wall located below grade or below the supporting surcharge material shall be constructed of concrete and not cinder block material. The fence retaining wall shall not be designed to allow for the conveyance of surface water onto an adjacent property.
9.
Section 105.2.3 Public service agencies is deleted.
10.
Section 107.2.5 Site plan is amended to read as follows:
The construction documents submitted with the application shall be accompanied by three (3) copies of a site plan drawn to scale on paper not less than 8.5-inches by 11-inches in size and not greater than 11-inches by 17-inches in size, and shall contain the following information:
a.
North arrow.
b.
Dimensions of the property in accordance with an accurate boundary line survey.
c.
Location of new construction and existing structures on the site, and their distances from lot lines.
d.
Location and dimensions of all easements.
e.
Location and size of any floodplain or floodway on the property.
f.
Location and dimensions of all required off-street parking.
g.
Location and dimensions of required landscaping.
h.
Established grade(s)/elevation(s) and proposed finished grade(s)/elevation(s).
i.
Names of any public or private streets abutting the property.
j.
Location of existing and proposed fire hydrant(s).
In the case of demolition, the site plan shall show the structure(s) to be demolished and the location and size of existing structures that are to remain on the site. The building official is authorized to waive or modify the requirement for the site plan when the application for permit is for an alteration or repair when resulting in no increase to the footprint of the structure.
11.
Section 107.3.4 Design professional in responsible charge is amended to read as follows:
All documents submitted to the city pursuant to the provisions of the International Building Code shall be prepared by a licensed architect, with structural information prepared by a licensed engineer. The name of the architect and engineer shall be so designated on the application, and shall act as the design professional in responsible charge of the project. If the circumstances require, the owner shall designate a substitute design professional in responsible charge who shall perform the duties required of the original design professional in responsible charge. The building official shall be notified in writing by the owner if the design professional in responsible charge has changed or is unable to continue to perform their duties.
The design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by other, including phased and deferred submittal items, for compatibility with the design of the building.
12.
Section 108.1 General is amended to read as follows:
The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than one hundred eighty (180) calendar days. The building official is authorized to grant extensions based upon demonstrable cause.
Exceptions:
1.
Temporary construction office trailers associated with a building being constructed on the same site as that proposed for the office trailer. The units shall be removed within thirty (30) calendar days of the issuance of a final certificate of occupancy for the structure being served by the office trailer.
2.
Temporary signs pursuant to the provisions of Section 15(i) of City of Eagle Pass Code of Ordinances Appendix A.
13.
Section 109.2 Schedule of permit fees is amended to read as follows:
On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the schedules established in the applicable chapters of the City of Eagle Pass Code of Ordinances and as follows:
(a)
Permit fees. On all buildings, structures, or alterations requiring a building a fee of two dollars ($2.00) per one thousand dollars ($1,000.00) value plus a permit fee of twenty-eight dollars ($28.00) shall be paid at the time of application filing, but such permit fee shall not be less than thirty dollars ($30.00).
(b)
Moving of a building or a structure. For the moving of any structure, the fee shall be eighty-eight dollars ($88.00).
(c)
Demolition of buildings or structures. For the demolition of any building or structure, the fee shall be eighty-eight dollars ($88.00)
(d)
Plan check fee. The following base plan check fees shall be paid at the time of building permit issuance:
1.
Additions and renovations: Twenty-eight dollars ($28.00)
2.
New single family and multi-family residential: Seventy-three dollars ($73.00)
3.
New Commercial and industrial: (One hundred sixty-three dollars ($163.00)
4.
Anything over one hundred thousand dollars ($100,000) in valuation, an additional one (1) percent of the building permit fee shall be added to the base plan check fee.
(e)
Grading. A forty three dollars ($43.00) fee shall be assessed for all fill and grade permits.
14.
Section 109.3 Building permit valuations is amended to read as follows:
The applicant for a permit shall provide an estimated permit value at the time of application, and shall include the total value of the work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems.
Final building permit valuation shall be set by the building official, and shall be based upon square-foot construction costs contained in the twice-annual International Code Council document entitled "Building Valuation Data".
Any change in the building valuation data shall become effective upon twice-yearly publication of the data update by the International Code Council, except as noted above for the "R-3 Residential, one- and two-family" group.
15.
Section 109.6 Refunds is amended to read as follows:
The building official may authorize refunding of not more than eighty (80) percent of the permit fee paid, when no work has been performed under a permit issued in accordance with this code. A request for a refund shall be provided in writing by the applicant within one hundred eighty (180) calendar days from the date of permit issuance.
16.
Section 111.1 Use and occupancy is amended to read as follows:
(a)
No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the city.
(b)
A certificate of occupancy shall not be issued for a permit associated with a Assembly Group A Occupancy, a Business Group B Occupancy, an Institutional Group I Occupancy, a Mercantile Group M Occupancy, or a Residential Group R Occupancy unless the applicant has demonstrated that the project has established a separate billing account for an individual water meter and individual solid waste disposal service for each commercial space tenant and each multi-family dwelling unit tenant.
(c)
A final certificate of occupancy shall not be issued for a permit on property that has not been legally created in conformance with the provisions of City of Eagle Pass Code of Ordinances Chapter 23 governing subdivisions.
17.
Section 113 Board of Appeals 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.
18.
Section 114.4 Violation penalties is deleted.
19.
IBC Appendix A governing employee qualifications, Appendix B governing the Board of Appeals, Appendix D governing fire districts, and Appendix K governing the International Electrical Code are deleted.
B. International Residential Code
1.
Section R102.7 Existing structures is adopted, except that the reference to the International Property Maintenance Code is deleted.
2.
Section R103.1 Creation of enforcement agency is adopted, except that the term "department of building safety" shall be replaced with the term "planning department". The planning director shall serve as the building official for purposes of the administration of this code.
3.
Section R104.10 Modifications is amended to read as follows:
Whenever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to consider and grant modifications on a case-by-case basis upon the receipt of a written modification request, provided that the building official shall first find that special individual reason makes the strict letter of this code impractical and that the modification is in compliance with the intent and purpose of this code, and that such modification does not lessen the health, accessibility, life and fire safety, or structural requirements of the code.
The request for modification shall be submitted in writing to the building official and shall contain the following information:
a.
The applicable code section.
b.
A detailed description of the prescriptive path required by the specific section of the applicable code for which the modification is sought.
c.
The purpose of the prescriptive path.
d.
A description of the modification request, including detailed documentation that includes the following:
i.
The practical difficulty involved in carrying out the provisions of the code.
ii.
The special individual reason that makes the application of the code impractical. Impractical is defined as a code requirement that is incapable of being accomplished without extreme hardship. Extreme hardship may include expense, but this specific form of hardship shall be supported by a cost-to-benefit analysis.
iii.
The modification is in compliance with the intent and purpose of the code. Documentation in support of the request shall be provided from nationally recognized standards referenced in the International Residential Code (IRC) and the International Fire Code (IFC).
iv.
The modification does not lessen health, accessibility, life and fire safety, or structural code requirements.
v.
The modification is not intended to permit setting aside or ignoring a code provision; rather, it is intended to provide acceptance of equivalent protection. Such modifications shall not extend to actions that are necessary to correct violations of the code. A code violation, or the expense of correcting a code violation, or construction undertaken that is not in conformance with approved plans, shall not constitute a practical difficulty.
4.
Section R104.11 Alternative materials, design and methods of construction and equipment is amended to read as follows:
The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
The request for the use of alternative materials, design, and methods of construction and equipment shall be submitted in writing to the building official and shall contain the following information:
a.
The applicable code section.
b.
A detailed description of the prescriptive path required by the specific section of code for which the alternative method is sought.
c.
The purpose of the prescriptive path.
d.
A description of the alternative method request, including detailed documentation that includes the following:
i.
Demonstration that the alternative addresses the safety of building occupants.
ii.
Demonstration that the alternative offers equivalent performance as that required by the code.
iii.
A report in support of the request shall be provided that contains evidence of this equivalency. This report shall comply with the directive contained in IBC Section 104.11.1.
iv.
The alternative provides an equivalent level of protection for the public health, safety and welfare as required by the code.
5.
Section R105.2 Work exempt from permit is amended to read as follows:
a.
Sub-Section 1. is deleted.
b.
Sub-Section 2 is deleted.
c.
Sub-Section 4 is amended to read as follows:
Retaining walls that are not over 4-feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, Class II, or Class III liquids. Any portion of the retaining wall located below grade or below the supporting surcharge material shall be constructed of concrete and not cinder block material. The fence retaining wall shall not be designed to allow for the conveyance of surface water onto an adjacent property.
6.
Section R105.2.3 Public service agencies is deleted.
7.
Section R106.2 Site plan is amended to read as follows:
The construction documents submitted with the application shall be accompanied by three copies of a site plan drawn to scale on paper not less than 8.5-inches by 11-inches in size and not greater than 11-inches by 17-inches in size, and shall contain the following information:
a.
North arrow
b.
Dimensions of the property in accordance with an accurate boundary line survey
c.
Location of new construction and existing structures on the site, and their distances from lot lines
d.
Location and dimensions of all easements
e.
Location and size of any floodplain or floodway on the property
f.
Location and dimensions of all required off-street parking
g.
Location and dimensions of required landscaping
h.
Established grade(s)/elevation(s) and proposed finished grade(s)/elevation(s)
i.
Names of any public or private streets abutting the property
j.
Location of existing and proposed fire hydrant(s)
In the case of demolition, the site plan shall show the structure(s) to be demolished and the location and size of existing structures that are to remain on the site. The building official is authorized to waive or modify the requirement for the site plan when the application for permit is for an alteration or repair when resulting in no increase to the footprint of the structure.
8.
Section R108.3 Building permit valuations is amended to read as follows:
The building permit valuation shall include the total value of the work for which a permit is being issued, such as electrical, gas, mechanical, plumbing equipment and other permanent systems, including material and labor.
Final building permit valuation shall be set by the building official, and shall be based upon the schedule set forth in subsection 8-16(A)(13).
Permit fee payment shall be as set forth in IBC Section 109.25 as amended.
9.
Section R108.5 Refunds is amended to read as follows:
The building official may authorize refunding of not more than 80-percent of the permit fee paid, when no work has been performed under a permit issued in accordance with this code. A written request for a refund shall be submitted by the applicant within one hundred eighty (180) calendar days from the date of permit issuance.
10.
Section R110.1 Use and occupancy is amended to read as follows:
(a)
No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the city.
(b)
All exposed soils on the building site shall be covered by sod or similar landscape material prior the issuance of a certificate of occupancy for a residence.
(c)
A final certificate of occupancy shall not be issued for a permit on property that has not been legally created in conformance with the provisions of City of Eagle Pass Code of Ordinances Chapter 23 governing subdivisions.
11.
Section R112 Board of Appeals 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 re-appointment, 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 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.
12.
IRC Appendix I governing private sewage disposal, Appendix L governing permit fees, Appendix P governing sprinkling are not adopted.
C. International Mechanical Code
1.
Section 102.9 Requirements not covered by this code is amended to read as follows:
Requirements necessary for the strength, stability or proper operation of an existing or proposed mechanical system, or for the public safety, health and general welfare, and not specifically covered by this code, shall be determined by the building official.
The City, therefore, adopts Section 602.2.1 Materials exposed within plenums , except for Exception 3 governing materials exposed within plenums in one-family and two-family dwellings.
2.
Section 103.1 General is adopted, except that the term "department of mechanical inspection" shall be replaced with the term "planning department". The planning director shall serve as the code official for purposes of the administration of this code.
3.
Section 105.1 Modifications is amended to read as follows:
Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases upon the receipt of a written modification request, provided that the code official shall first find that special individual reason makes the strict letter of this code impractical and that the modification is in compliance with the intent and purpose of this code and does not lessen the health, life and fire safety requirements. The details of the action granting the modification shall be recorded and entered in the files of the department.
The request for modification shall be submitted in writing to the code official and shall contain the following information:
a.
The applicable code section.
b.
A detailed description of the prescriptive path required by the specific section of the applicable code for which the modification is sought.
c.
The purpose of the prescriptive path.
d.
A description of the modification request, including detailed documentation that includes the following:
i.
The practical difficulty involved in carrying out the provisions of the code.
ii.
The special individual reason that makes the application of the code impractical. Impractical is defined as a code requirement that is incapable of being accomplished without extreme hardship. Extreme hardship may include expense, but this specific form of hardship shall be supported by a cost-to-benefit analysis.
iii.
The modification is in compliance with the intent and purpose of the code. Documentation in support of the request shall be provided from nationally recognized standards referenced in the International Mechanical Code (IMC) and the International Fire Code (IFC).
iv.
The modification does not lessen health, accessibility, life and fire safety, or structural code requirements.
v.
The modification is not intended to permit setting aside or ignoring a code provision; rather, it is intended to provide acceptance of equivalent protection. Such modifications shall not extend to actions that are necessary to correct violations of the code. A code violation, or the expense of correcting a code violation, or construction undertaken that is not in conformance with approved plans, shall not constitute a practical difficulty.
4.
Section 105.2 Alternative materials, methods, equipment and appliances is amended to read as follows:
The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
The request for the use of alternative materials, design, and methods of construction and equipment shall be submitted in writing to the code official and shall contain the following information:
a.
The applicable code section.
b.
A detailed description of the prescriptive path required by the specific section of code for which the alternative method is sought.
c.
The purpose of the prescriptive path.
d.
A description of the alternative method request, including detailed documentation that includes the following:
i.
Demonstration that the alternative addresses the safety of building occupants.
ii.
Demonstration that the alternative offers equivalent performance as that required by the code.
iii.
A report in support of the request shall be provided that contains evidence of this equivalency. This report shall comply with the directive contained in IBC Section 104.11.1.
iv.
The alternative provides an equivalent level of protection for the public health, safety and welfare as required by the code.
5.
Section 106.5.2 Fee schedule is amended to read as follows:
The following specific fees shall be added to a $15.00 base mechanical inspection fee as follows:
a.
Condensing Unit: $16.75 per device
b.
Device Replacement: $12.50 per device
c.
Unlisted Unit Evaluation: $12.50 per device
d.
Mechanical Device Outlet: $1.10 per device
e.
Furnace and Coil: $16.75 per device
f.
Outlet and Damper: $1.10 per device
g.
Rooftop Unit: $46.25 per device
h.
Re-Inspection: $28.00
6.
Section 106.5.3 Fee refunds is amended to read as follows:
The code official shall authorize the refunding of fees as follows:
a.
The full amount of any fee paid hereunder which was erroneously paid or collected.
b.
Not more than 80-percent of the permit paid when no work has been done under a permit issued in accordance with this code.
The code official shall not authorize the refunding of any fee paid, except upon the receipt of a written refund request submitted by the original permittee no later than one hundred eighty (180) calendar days after the date of fee payment.
7.
Section 109.1 Application for appeal 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 re-appointment, 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 code 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 mechanical code has been incorrectly interpreted, (b) the provisions of the mechanical 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 mechanical code.
3.
Appeals of orders, decisions, or determinations made by the code official or fire marshal relative to the application and/or interpretation of the various codes adopted herein shall be filed with the code 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 code 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.
13.
IMC Appendix B governing recommended permit fee schedule is not adopted.
C.[D.] International Existing Building Code
1.
Section 103.1 Creation of enforcement agency is adopted, except that the term "department of building safety" shall be replaced with the term "planning department". The planning director shall serve as the code official for purposes of the administration of this code.
2.
Section 104.10 Modifications is amended to read as follows:
Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases upon the receipt of a written request by the owner or owner's representative, provided that the code official shall first find that special individual reason makes the strict letter of this code impractical and that the modification is in conformity with the intent and purpose of this code, and that such modification does not lessen the health, accessibility, life and fire safety, or structural requirements. The details of the action granting modifications shall be recorded and entered in the files of the department.
The request for modification shall be submitted in writing to the code official and shall contain the following information:
a.
The applicable code section.
b.
A detailed description of the prescriptive path required by the specific section of the applicable code for which the modification is sought.
c.
The purpose of the prescriptive path.
d.
A description of the modification request, including detailed documentation that includes the following:
i.
The practical difficulty involved in carrying out the provisions of the code.
ii.
The special individual reason that makes the application of the code impractical. Impractical is defined as a code requirement that is incapable of being accomplished without extreme hardship. Extreme hardship may include expense, but this specific form of hardship shall be supported by a cost-to-benefit analysis.
iii.
The modification is in compliance with the intent and purpose of the code. Documentation in support of the request shall be provided from nationally recognized standards referenced in the International Building Code (IBC), the International Plumbing Code (IPC), the International Mechanical Code (IMC), the International Existing Building Code (IEBC), and International Fire Code (IFC).
iv.
The modification does not lessen health, accessibility, life and fire safety, or structural code requirements.
v.
The modification is not intended to permit setting aside or ignoring a code provision; rather, it is intended to provide acceptance of equivalent protection. Such modifications shall not extend to actions that are necessary to correct violations of the code. A code violation, or the expense of correcting a code violation, or construction undertaken that is not in conformance with approved plans, shall not constitute a practical difficulty.
3.
Section 104.11 Alternative materials, design, and methods of construction and equipment is amended to read as follows:
The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
The request for the use of alternative materials, design, and methods of construction and equipment shall be submitted in writing to the code official and shall contain the following information:
a.
The applicable code section.
b.
A detailed description of the prescriptive path required by the specific section of code for which the alternative method is sought.
c.
The purpose of the prescriptive path.
d.
A description of the alternative method request, including detailed documentation that includes the following:
5.
Section 112 Board of Appeals 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 re-appointment, 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 code 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 international existing building code has been incorrectly interpreted, (b) the provisions of the international existing 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 international existing building code.
3.
Appeals of orders, decisions, or determinations made by the code official or fire marshal relative to the application and/or interpretation of the various codes adopted herein shall be filed with the code 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) 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 code 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.
(Ord. No. 2012-12, § 2, 5-1-2012; Ord. No. 2016-13, § 1, 3-22-2016)
Editor's note
Ord. No. 2012-12, §§ 1, 2, adopted May 1, 2012, repealed the former § 8-16, and enacted a new § 8-16 as set out herein. The former section pertained to the repeal of conflicting provisions and derived from Ord. No. 02-02, § 2, 1-8-2002.