HomeMy WebLinkAboutORD 870265.006 - Repealing Various CodesORDINANCE NUMBER 870265.006
AN ORDINANCE OF THE CITY OF GEORGETOWN, TEXAS REPEALING SECTION 105 OF
THE STANDARD BUILDING CODE, THE STANDARD GAS CODE, THE STANDARD
PLUMBING CODE, THE STANDARD FIRE PREVENTION CODE, AND THE STANDARD
MECHANICAL CODE, AND FURTHER REPEALING CHAPTER 6, DIVISION 11,
SECTIONS 6-39.6 THROUGH 6-39.9 OF THE CITY OF GEORGETOWN CODE OF
ORDINANCES (PERTAINING TO THE BOARD OF ELECTRICAL EXAMINERS), AND
CREATING A BUILDING TRADES BOARD OF APPEALS, PROVIDING FOR APPOINTMENT
OF MEMBERS AND SUCCESSOR MEMBERS TO SAID BOARD, PROVIDING TERMS OF
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CHAIRMAN OF SAID BOARD, PROVIDING FOR THE CITY BUILDING OFFICIAL TO
SERVE AS SECRETARY AND KEEP RECORDS OF SAID BOARD, PROVIDING A PROCESS
OF APPEALING DECISIONS OF CITY BUILDING INSPECTORS OR OFFICIALS TO
SAID BOARD, PROVIDING FOR HEARINGS ON APPEAL TO SAID BOARD, REPLACING
THE TERMS "BOARD OF ADJUSTMENTS AND APPEALS" WITH "BUILDING TRADES
BOARD OF APPEALS" WHEREVER IT APPEARS IN THE ABOVE REFERENCED CODES9
PROVIDING A SEVERABILITY CLAUSE, REPEALING CONFLICTING ORDINANCES, AND
SETTING AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS!,
That Section 105 of the Standard Building Code, the Standard Gas Code, the
Standard Plumbing Code, the Standard Fire Prevention Code, and the Standard
Mechanical Code, and Sections 6-39.6 through 6-39.9 of the Code of Ordinances
pertaining to the Board of Electrical Examiners, as adopted by the City of
Georgetown, Texas be and are hereby amended to read as follows<
SECTION 1. ORGANIZATION AND MEMBERSHIP.
There is hereby created and established in and for the City of Georgetown a
Building Trades Board of Appeals hereafter mown as the "Board". Appointments
Page 1 of 7 Pages
of members to said Board shall be on the recommendation of the Mayor of the City
of Georgetown and be approved by a vote of the majority of the City Council in
regular open session. Such Board shall consist of seven (7) members as follows`
One (1) member shall be experienced in the building construction
business.
One (1) member shall be experienced as a plumbing contractor who is or
has been licensed with the Texas Railroad Commission to work with
Liquid Petroleum (LP) gases.
One {1) member shall be experienced in the Fire Protection or Fire
Prevention field.
One (1) member shall be experienced in the mechanical Cheating,
ventilation and air conditioning (HVAC)1 industry and possess or have
possessed a mechanical contractor's license.
One (1) member shall be experienced as an electrical contractor and
possess or have possessed a Master Electrician's license.
One (1) member shall be or have been a Registered Professional
Architect.
One (1) member shall be a representative at large, not associated with
any of the specific trades listed above.
All members of said Board shall reside within the corporate limits or within the
extraterritorial jurisdiction of the City of Georgetown during the time in which
they serve on said Board.
Page 2 of 7 Pages
The appointed members of the Board shall hold office for a period of three (3)
years or until their successors have been duly appointed and qualified,
provided, however that the initial appointments to the Board shall have
staggered terms so that two (2) members are appointed for one (1) year terms,
two (2) members are appointed for two (2) year terms and three (3) members are
appointed for three (3) year terms.
If for any reason any member of the Board shall be unable to act, shall resign
from his or her respective position, or shall be removed for any cause, then the
appointment of a successor to fill the unexpired term of that Board member shall
be made on the recommendation of the Mayor and by a vote of a majority of the
City Council.
The appointed members of the Board shall elect as Chairman of the Board one of
their number,
The Building Official for the City of Georgetown (or his duly appointed agent)
shall be the Secretary of the Board and shall keep a full record of all
proceedings of the Board and such other records as the Board may direct,
provided, however, that in no event shall any City employee vote on any matter
pending before the Board.
The members of the Board shall serve with no compensation whatsoever.
The Board shall have the power to promulgate its own rules governing its meeting
and proceedings, subject to the provisions of this article, but the Board shall
have at least one (1) regular meeting each calendar year. Special meetings of
the Board shall be called by the Chairman of the Board or upon written request
or three (3) members of the Board.
SECTION 2. APPEALS,
The Board shall have the power to hear appeals and render decisions upon rulings
and refusals of rulings by city building inspectors or officials when requests
of a modification or a variation from the provisions of this article have been
made. Whenever a City building inspector or official shall reject or refuse to
approve the mode or manner of work proposed to be followed or materials to be
used in the proposed construction, or when it is claimed that the provisions of
this Code do not apply, or that any equally good or more desirable form of
installation can be employed in any specific case, or when it is claimed that
the true intent and meaning of this Code or any of the regulations thereunder
have been misconstrued or wrongly interpreted, the owner of such building or
structure, or his/her duly authorized agent, may appeal the decision of the City
official to the Board. Notice of the appeal shall be in writing and filed
within ninety (90) days after the decision is rendered by the City official.
Such appeals shall be perfected by giving written notice containing the
following information to the Chairman of the Board®
(a) name and address of person making appeal;
(b) facts surrounding the particular ruling or refusal to make ruling,
(c) the ruling, if any, of the City building official;
(d) reasons why such ruling should be set aside, or, if the ruling was
refused, why such ruling should be made,
The person making -the appeal shall send copies of such appeal to the Building
Official and the City Attorney.
In case of a building or structure which, in the opinion of the Building
Official, is unsafe or dangerous, the Building Official may,
the time of such appeal to a shorter period®
Page 4 of 7 Pages
in his order, limit
SECTION 3® HEARINGS®
Upon receiving a notice of appeal, the Chairman of the Board shall make an order
setting the appeal for hearing at a specified time and place, and shall give
notice of such information in writing to the person making the appeal, and the
Building Official, and the City Attorney®
The hearing shall be held as soon as is practicable, and in all cases shall be
within two (2) weeks after the notice of appeal is received by the Chairman of
the Board, unless the person making the appeal requests in writing that he or
she be granted additional time. If such person has failed to make his/her
appearance at the proper time and place to present his/her appeal, then at the
next consecutive regular meeting of the Board after such notice of appeal has
been received by the Chairman, said appeal shall be dismissed by Board.
The Board shall, in every case, reach a decision without unreasonable or
unnecessary delay® If a decision of the Board reverses or modifies a refusal,
order, or disallowance of the building official, or varies the application of
any provision of this Code, the Building Official shall immediately take action
in accordance with such decision.
The Board, after hearing an appeal, may vary the application of any provision of
this Code to any particular case when, in its opinion, the enforcement thereof
would do manifest injustice and would be contrary to the spirit and purpose of
this Code or public interest, or when, in its opinion, the interpretation of the
Building Official should be modified or reversed.
Every decision of the Board shall be final, subject however to such remedy as
any aggrieved party might have at law or in equity®
During the pendency of the appeal to the Board, the ruling or refusal of the
Building Official shall be in full force and effect,
The Standard Building Code, the Standard Gas Code, the Standard Plumbing Code,
the Standard d=ire Prevention Code, and the Standard Mechanical Code, and
Sections 6-39.6 through 6-39,9 of the Code of Ordinances, as adopted by and for
the City of Georgetown, are each hereby amended and the term or terms "Board of
Adjustments and Appeals" or "Board" shall be replaced with "Building Trades
Board of Appeals" wherever said terms appear an of the aforementionedlode..
s.
SECTION 5® VALIDITY.
If any part of this ordinance is found by any court of competent ,jurisdiction to
be void or unconstitutional, the remaining portions shall not be affected but
shall remain in full force and effect®
All ordinances or parts of ordinances conflicting with any of the provisions of
r
This ordinance shall become effective upon adoption of its second
reading by the City Council of the City of Georgetown, Texas,
Read on first reading this 23
(Ref. # 870241)
'.6-
M
day of June
Passed, read and adopted on second reading this 14 day of July s 1987*
Approved as to legality in accordance with section 2®10 of the City of
3�
ity Attorney
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
CITY OF GEORGETOWN
91
, being the current City Secretary of the City
of Georgetown do hereby certify that the attached ordinance of the City Council
of the City of Georgetown is a true and correct copy of such ordinance adopted
at a council meeting open to the public land notice of said meeting, giving the
date, place, and subject thereof, having been posted as prescribed by Article
6252-17, Section 3A, VATCS,
Dated this
(City Seal)
City Secretary
1987.