Loading...
Item 6KCity of Southlake, Texas MEMORANDUM November 1, 2006 TO: Shana Yelverton, City Manager FROM: Ken Baker, AICP, Planning Director SUBJECT: Ordinance No. 868 -A 2nd Reading, Amending the 2003 International Building Code. Action Requested: Conduct a public hearing and consider amending the International Building Code, 2003 Edition. Background Information: Currently, the city requires that each occupant or tenant of a building receive a certificate of occupancy from the city prior to occupying a building or lease space. This regulation also applies to all tenants occupying space within executive suites. Typically, the lease duration for tenants in executive suites are less than those tenants leasing retail or general office space. As a result, the office managers or owners of executive suites are regularly submitting certificate of occupancy applications to the city due to new tenants moving in to the office. The proposed amendment will allow a single or blanket certificate of occupancy to be issued for executive suites, except in cases where medical uses will occupy the space. Medical uses are recommended to be exempt form the blanket certificate due to higher parking requirements. The staff will need to verify adequate parking is available prior allowing a medical use to occupy executive suite space. Financial Considerations: These updated codes will have no fiscal impact. Citizen Input/ Board Review: None. Legal Review: The ordinance changes has been reviewed by the city attorney's office Alternatives: Adopt the ordinances as recommended or direct staff to research any specific issues that may be of concern. Supporting Documents: Ordinance No. 868 -A City Council Action: City Council approved this item on consent (first reading) at its October 17, 2006 meeting. Staff Contact: Ken Baker, AICP, Planning Director Paul Ward, C. B. O., Building Official ORDINANCE NO. 868 -A AN ORDINANCE AMENDING ORDINANCE THE BUILDING CODE OF THE CITY OF SOUTHLAKE, PROVIDING FOR ORDINANCE INSPECTIONS AS DISTINGUISHED FROM CERTIFICATE OF OCCUPANCY INSPECTIONS; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council previously adopted Ordinance No 868, adopting the International Building Code, 2003 Edition, as amended to suit local conditions, as the official building code of the City of Southlake; and WHEREAS, the City Council of the City of Southlake desires to provide a more effective method of tracking occupancy changes as regulated by the Building Code and the Zoning Ordinance; and WHEREAS, the City Council of the City of Southlake deems it necessary to adopt this ordinance providing standards for ordinance inspections and distinguishing them from certificate of occupancy inspections; and WHEREAS, the City Council has determined it is necessary to amend these requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: Section 1. The 2003 International Building Code, as previously adopted by the City, is hereby amended by amending section 110.1 and adding a new section 110.1.1 to read as follows: 110.1 Use and occupancy. 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. Further, no change of occupant of an existing building or portion thereof involving a medical occupancy such as a doctor or dental office or clinic or similar use 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 jurisdiction. 110.1.1 Ordinance Inspection. An Ordinance Inspection shall be required when a billing or meter change occurs for gas, water or electrical services and a Certificate of Occupancy or building permit is not otherwise required. Exception: Individually metered dwellings and dwelling units. Ordinance inspections shall be requested on a form provided by the Building Official. The building official shall classify the building occupancy _group and construction type according to this code and the zoning classification according to the Zoning Ordinance. Ordinance Inspections may be used for any miscellaneous inspection whether required by other codes and ordinances or desired by individuals. After the Building Official inspects the building or portion thereof and finds no violations of this code or other laws enforced by the department the building official shall issue a Certificate of Inspection that contains the following: 1. The inspection permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provisions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. If an automatic sprinkler system is provided, whether the sprinkler system is required. 11. Any special stipulations and conditions of the inspection permit. 12. The zoning district. (Reason: The IBC as written only requires a Certificate of Occupancy for new buildings, remodeled buildings or buildings where the occupancy classification changes. Previously by amendment Southlake has also required a Certificate of Occupancy be issued for a change in the business occupying the property even if the change was still within the same occupancy group. This amendment would exempt simple tenant changes other than medical occupancies where there is no occupancy change only in cases where there is no change in billing of metered utilities for electricity, gas or water. Typically "bills paid" spaces are rented for executive suites and mini warehouses. This also provides an instrument to allow miscellaneous inspections not required by ordinance upon request.) Section 2. The fee for an Ordinance Inspection shall be $50.00 initially or may be amended by resolution of the City Council. Section 3. Any person, firm or corporation who violates, disobeys, omits. neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($ 2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. Section 4. This ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Section 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 6. The City Secretary of the City of Southlake is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. Section 7. The City Secretary of the City of Southlake is hereby directed to publish in the official newspaper of the City of Southlake, the caption, penalty clause, publication clause and effective date of this ordinance one time within ten days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. Section 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of any ordinances affecting the regulation and control of the use, occupancy, maintenance, repair, design, construction and quality of materials for buildings and structures within the City which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. Section 9. This ordinance shall be in full force and effect from and after its passage and publication as required by law and it is so ordained. PASSED AND APPROVED ON FIRST READING THIS _ DAY OF , 2006. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING THIS _ DAY OF , 2006 MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney Date: EFFECTIVE: Date: