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File #: 16-6067    Version: 1 Name: Ordinance amending the effective date of the prior adoption of section 7 7 of the City of Grand Prairie Code of Ordinances adopting the 2015 Edition of the International Building Code
Type: Ordinance Status: Adopted
File created: 9/12/2016 In control: Engineering
On agenda: 10/11/2016 Final action: 10/11/2016
Title: Ordinance amending the effective date of the prior adoption of section 7-7 of the City of Grand Prairie Code of Ordinances adopting the 2015 Edition of the International Building Code
Attachments: 1. Section 423.4 of the 2015 Edition of the International Building Code.pdf

From

Anda Upchurch

 

Title

Ordinance amending the effective date of the prior adoption of section 7-7 of the City of Grand Prairie Code of Ordinances adopting the 2015 Edition of the International Building Code

 

Presenter

Bill Crolley, Director of Planning and Development

 

Recommend Action

Approve

 

Analysis

The City has received a request from the GPISD Superintendent requesting the City give special consideration of the GPISD 2015 Bond Program projects.  As we have discussed with the City Council Section 423.4 of the  2015 Edition of the International Building Code requires storm shelters be included as part of the new construction of schools that are constructed under the 2015 Edition of the International Building Code. The 2015 Edition of the International Building Code was adopted with and Effective date of January 1, 2016.  The Ordinance included for your consideration would grant an exception to the storm shelter requirement for those school construction projects funded with a bond referendum that was approved by voters in an election prior to January 1, 2016.  The City staff has worked with North Texas Council of Governments to promulgate amendments to the Codes to make the international codes workable and appropriate in the North Texas area. It is appropriate for the City of Grand Prairie to adopt these revised industry standards for construction in the City.

 

Financial Consideration

None

 

Body

AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, AMENDING SECTION 7-7 OF THE CODE OF ORDINANCES AND ADOPTING THE INTERNATIONAL BUILDING CODE, 2015 EDITION WITH CERTAIN EXCEPTIONS AND THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AMENDMENTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A CUMULATIVE CLAUSE, A SAVINGS CLAUSE, AND A PENALTY CLAUSE; AND TO BECOME EFFECTIVE UPON PASSAGE, APPROVAL, AND PUBLICATION

 

WHEREAS, the recognized International Codes (ICC) concerning construction, design and safety for buildings, structure, and the necessary infrastructure have been amended and updated; and

 

WHEREAS, the City staff has worked with other building officials to promulgate amendments to the Codes to make the international codes workable and appropriate in the North Texas area; and

 

WHEREAS, since previously approved Bond Referendums relied on past versions of the Code to set the funding amounts for certain building projects, an amendment to the effective date is both appropriate and necessary; and

 

WHEREAS, it is appropriate for the City of Grand Prairie to adopt industry standards for construction in the City,

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:

 

SECTION 1. That Section 7-7 of the Code of Ordinances is amended to read in its entirety as follows: 

 

Sec.7-7. - International Building Code--Adopted by reference.

 

(a)                     The 2015 Edition of the International Building Code of the International Code Council, excluding appendices and Sections 114.2, 114.3, and 114.4, together with “Option A” of the recommended amendments of the North Central Texas Council of Governments and incorporated herein as if set out in full, as hereinafter amended, is, from the effective date hereof, hereby adopted as the Building Code of the City of Grand Prairie.  One copy of such International Building Code is incorporated herein by reference and shall have been filed for permanent record and inspection in the office of the Chief Building Official.  Any other reference to a building code in this Code shall be interpreted to mean the currently adopted Building Code, unless there are specific references that provisions of an older building code are meant to be retained and remain viable in that section of the Code of Ordinances.  

(b)                     Any person, firm or corporation that violates the provisions or terms of the Code or amendments that are adopted by reference in Section 7-7(a) shall be subject to a fine for each offense in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie.

(c)                     This ordinance shall become effective from and after January 1, 2016 with the exception of 2015 International Building Code Section 423.4. The effective date for 2015 International Building Code Section 423.4 is January 1, 2016, unless it applies to a school building construction project funded with a bond referendum that was approved by voters in an election prior to January 1, 2016, in which case the effective date is January 1, 2018.

 

SECTION 2.  Severability.

 

If any article, section, sub-section, sentence or phrase of this Ordinance should be held to be invalid for any reason whatsoever, such invalidity shall not affect the remaining portions of this Ordinance which shall remain in full force and effect and to this end the provisions of this Ordinance are declared to be severable.

 

SECTION 3.  Cumulative Clause.

 

All ordinances or parts of ordinances not consistent or conflicting with the provisions of this Ordinance are hereby repealed.  Provided that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this Ordinance.

 

SECTION 4.  Penalty Clause.

 

Any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in accordance with Texas law and Section 1-8 of the Code of Ordinances, with a maximum fine of two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense.  The penalty provided herein shall be cumulative or other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.

 

SECTION 5.  Effective Date.

 

This ordinance shall become effective upon passage, approval and publication as provided by law.

 

 

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 20TH DAY OF SEPTEMBER, 2016.