ORD 1995-24ORDINANCE NO. 96-24
by
ORDINANCE NO 98-17
(June 16, 1998)
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 95-2_
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS ADOPTING THE UNIFORM BUILDING CODE, 1994
EDITION AND ALL APPENDICES THERETO, AS
AMENDED BY THE TERMS OF THIS ORDINANCE;
ADOPTING THE UNIFORM FIRE CODE, 1994 EDITION,
AS AMENDED HEREIN; ADOPTING THE UNIFORM
MECHANICAL CODE, 1994 EDITION, AS AMENDED
HEREIN; ADOPTING THE UNIFORM PLUMBING CODE,
1994 EDITION, AS AMENDED HEREIN; ADOPTING THE
UNIFORM ADMINISTRATIVE CODE, 1994 EDITION;
ADOPTING THE NATIONAL ELECTRICAL CODE, 1993
EDITION; PROVIDING THAT ALL COMMERCIAL
MOTOR VEHICLES DOING BUSINESS WITHIN THE
TOWN SHALL HAVE IDENTIFYING MARKINGS;
PROVIDING A SAVINGS CLAUSE, BUT REPEALING
ORDINANCE NO. 92-04 RELATING TO THE ADOPTION
OF EARLIER VERSIONS OF THE UNIFORM CODES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000-00) FOR EACH OFFENSE
AND A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Trophy Club, Texas desires to adopt the
most recently published edition of the various uniform and minimum standards for: the
construction, erection and maintenance of buildings and other structures; fire safety; the
installation of heating, cooling, ventilating and refrigeration systems; and plumbing, in order to
protect and promote the public health, safety and welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. Adoption of Uniform Building Code, 1994 Edition. There is hereby
adopted by the Town of Trophy Club, Texas (the "Town") the Uniform Building Code, 1994
Edition, and all appendices thereto (together, the "U.B.C. "), as hereinafter amended, and the
U.B.C. is incorporated herein as if copied herein in its entirety. A copy of the U.B.C. shall be
kept on file in the office of the Building Official. The following amendments shall be made to
and become a part of the said Uniform Building Code:
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A. Chapter 1 ("Administration") is amended in the following particulars:
1. Section 106 ("Permits") is amended by amending Section 106.1 to read as follows:
"106.1 Permits Required. Except as specified in Section 106.2 of this section,
no building or structure regulated by this code shall be erected, constructed,
enlarged, altered, repaired, moved, improved, removed, converted or demolished
unless a separate permit for each building or structure has first been obtained
from the building official. No permit herein required or provided for shall be
issued until all ad valorem and other prgperty taxes assessments charges or other
pecuniary obligations due the Town of Trophy Club shall have been paid and
made current. including all penalties, interest„ and other charges due with reSpect
to the same . "
2. Section 107 ("Fees") is amended by amending Sections 107.1, 107.2, 107.3 and
107.5.2 to read as follows:
"107.1 General. Except as hereinafter provided, fees shall be assessed in
accordance with the previsions of *his seefieii or- shall be as set f th ' the
Schedule of Fees for the Town as adapted by Town Ordinance No as
amended fee sel: , ,4Mi+l 1. adapted b the sdiet.
u�lv ,
"107.2 Permit Fees. The fee for each permit shall be as set forth in the
Schedule of Fees for the Town. Ordinance No.9 5 -- 2 5 as amended Table =
The determination of value or valuation under any of the provisions of this code
shall be made by the building official. The value to be used in computing the
building permit and building plan review fees shall be the total value of all
construction work for which the permit is issued as well as all finish work,
painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire -
extinguishing systems and any other permanent equipment.
"107.3 Plan Review Fees. When submittal documents are required by Section
106.3.2, a plan review fee shall be paid at the time of submitting the submittal
documents for plan review. Said plan review fee shall be as set forth in the
Schedule of Fees of the Town. Ordinance No.9 5 - 2 5 6-5-per-eent of the buildin
pew- fee ie l 1 A.
The plan review fees specified in this subsection are separate fees from the permit
fees specified in Section 107.2 and are in addition to the permit fees.
When submittal documents are incomplete or changed so as to require additional
plan review or when the project involves deferred submittal items as defined in
Section 106.3.4.2, an additional plan review fee shall be charged at the rate
shown in the Town's Schedule of Fees mile -1-A. "
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"107.5.2 Fee. An investigation fee, in addition to the permit fee, shall be
collected whether or not a permit is then or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee required by the
Schedule of Fees for the Town this -Fede. The minimum investigation fee shall
be the same as the minimum fee set forth in the Schedule of Fees for the Town
Table A. The payment of such investigation fee shall not exempt any person
from compliance with all other provisions of this code nor from any penalty
prescribed by law.
Work shall he considered started when excavation for a foundation is initiated."
3. Table 1-A as set forth on page 1-11 of the U.B.C. is hereby deleted in its
entirety, and all references in the U.B.C. to Table 1-A. shall be considered and deemed to be
in reference to the Schedule of Fees adopted by the Town of Trophy Club.
4. A new Section 110 relating to trench excavation shall be and is hereby added to
read as follows:
"Section 110 - Trench Safety
On all construction projects within the City or within the City's extraterritorial
jurisdiction, if trench excavation is required which will exceed a depth of five (5)
feet, the hid_ documents and the contract shall include:
La.)- _a reference to the Occupational
Safety and Health Administration standards.
_
for trench safety -that will in effect during the period of construction of the
project;
N a copy of aLiy Reotechnical information that was obtained by the owner for
use in the desian of the trench safety system, and
c) a separate ay item for trench excavation safety_ protection (based on the
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linear feet of trench excavated).
No. application for a building permit shall be granted until such time as the
applicant certifies in writing to the City -that the requirements of this Section has
been satisfied; provided. however, that in lieu of the said certification, an
applicant may file with the City a gopy of a contract that complies with the
requirements of this Section.
The requirement set forth in this section shall not apply to a contract; (1)
governed by Section 756.023. Tex. Health & Saf. Cade as amended or (ii)
entered into by__a person subject to the safety standards adopted under article
6053-1 and the administrative .renalty_provision__
t of article 6053-2, Texas Revised,..
Civil Statutes, as codified, revised or..,amended "
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B. Chapter 5 ("General Building Limitations") is amended by amending Section 502
to read as follows:
"Section 502 - Premises Identification. Approved numbers or addresses shall
be provided for all new and existing buildings in such a position as to be plainly
visible and legible from the street or road fronting the property. Said numbers
shall contrast with their background.
1. Residential occupancies shall have numbers a minimum of four (4) inches in
height.
2. Multi -family, townhomes condominiums and commercial occupancies shall
have street and/or building numbers a minimum of eight (8) inches . in height.
When deemed necessa by the authority having urisdiction the street and/or
building numbers may be required to be of a larger size for immediate and „visible
identification.
3.. If the structure is more that two hundred (200) feet from a public street, the
address shall also appear at the front or main entry to the property„
4. When deemed necessaKy by the authority having jurisdiction, the street or
buildingnumbers may be required on more than one side of the structure or
property,
5. Building and/or street numbers shall be located in an area and lighted in a
mariner that will make them immediately discernible as approved by the authority
having jurisdiction. Exception: Neighborhood residential districts containing
single family detached and single-family attached (duplex) dwellings "
C. Chapter 10 ("Means of Egress") is amended by amending Section 1014 relating
to aisles by adding a new Section 1014.8 to read as follows:
"1014.8 Service aisles. Every service aisle, not defined or required as an exit -
way in a commercial retail establishment shall have a clear aisle width of at least
four_(_feet, and shall be maintained to at least this width free of obstruction."
Section 2. Forms Survey. Following the issuance of any permit by the Town to
construct, erect, place or install any building or structure or to otherwise improve any property,
and prior to the inspection by the Town of such building, structure or property, the Owner of
such building, structure or property, or the Owner's duly designated representative, shall submit
to the Town a Forms Survey. Such Survey shall be prepared by a registered and licensed
professional surveyor and shall: (a) locate all easements, including underground easements,
roads, streets, alleys, and other right-of-ways or water courses, and building set -back lines and
other matters located on or affecting the property; (b) show all proposed and existing
improvements (such as buildings, power lines, fences, etc.), and (c) show any portion of the
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property within any flood plain, flood prone or flood hazardous area and any ponds, creeks, or
other water courses.
Section 3. Adoption of Uniform Fire Code, 1994 Edition. There is hereby adopted
by the Town for the purpose of prescribing regulations governing conditions hazardous to life
and property, the Uniform Fire Code, 1994 Edition, and said Code is hereby incorporated herein
as if fully set herein in its entirety. A copy of the Uniform Fire Code shall be kept in the office
of the Building Official.
A. The Uniform Fire Code shall be enforced by the Town Building Official.
B. Whenever the word "jurisdiction" is used in the Uniform Fire Code, the same
shall be deemed to refer to the Town of Trophy Club, Texas.
C. Whenever the phrase "Fire Department" is used in the Uniform Fire Code, the
same shall be deemed to refer to the Fire Department of the Trophy Club Municipal Utility
District No. 1 and the Trophy Club Municipal Utility District No. 2.
D. Whenever the person authorized to enforce the Uniform Fire Code disapproves
an application or refuses to grant a permit applies for, or when it is claimed that the provision
of the Code do not apply or that the true intent and meaning of the Code have been misconstrued
or wrongly interpreted, the applicant may appeal from the decision of such person to the Board
of Appeals within 30 days from the date of the decisions appealed from Such appeal shall be
made in writing and filed with the Building Official, setting forth the decision appealed from.
Such appeal shall be made in writing and filed with the Building Official , setting forth the
decision appealed from and a statement as to why the appeal is being made.
Section 4. Adoption of Uniform Mechanical Code, 1994 Edition. There is hereby
adopted by the Town the Uniform Mechanical Code, 1994 Edition, as hereinafter amended,
which Code is incorporated herein as if set out herein in its entirety. A copy of the Uniform
Mechanical Code shall be kept in the office of the Building Official. The following amendments
shall be made to and become a part of the said Uniform Mechanical Code:
A. Section 304 of the said Uniform Mechanical Code relating to fees is amended by
amending subsection (a) to read as follows:
"(a) The fee for each mechanical permit shall be as set forth in
the Schedule of Fees for the Town of Trophy Club as adopted by
Ordinance No. __U _ 2 5 of the Town, as amended. "
Section 5. Adoption of Uniform PIumbing Code, 1994 Edition. There is hereby
adopted by the Town the Uniform Plumbing Code, 1994 Edition, which Code is incorporated
herein as if set out herein in its entirety. A copy of the said Uniform Plumbing Code shall be
kept in the office of the Building Official.
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Section 6. Adoption of Uniform Administrative Code, 1994 Edition. There is hereby
adopted by the Town the Uniform Administrative Code, 1994 Edition, which Code is
incorporated herein as if set out herein in its entirety. A copy of the said Uniform
Administrative Code shall be kept in the office of the Building Official.
Section 7. Adoption of National Electrical Code, 1993 Edition. There is hereby
adopted by the Town the National Electrical Code, 1993 Edition, which Code is incorporated
herein as if set out herein in its entirety. A copy of the said National Electrical Code shall be
kept in the office of the Building Official.
Section S. Authority of Building Official. The Town Building Official shall have the
authority and power to enforce all provisions of the Uniform Building Code, 1994 Edition
(including all appendices thereto), the Uniform Fire Code, 1994 Edition, the Uniform
Mechanical code, 1994 Edition, and the Uniform Plumbing Code, 1994 Edition,
Section 9. Board of Appeals. The Town Council shall appoint five (5) members to the
Building Board of Appeals as authorized by Section 105 of the Uniform Building Code, 1994
Edition, each to be appointed by a majority of the Town Council for a term of two (2) years;
and shall appoint five (5) members to the Fire Board of Appeals as authorized by Section 2.302
of the Uniform Fire Code, 1994 Edition, each to be appointed by a majority of the Town
Council for a term of two (2) years. For purposes of this Ordinance, the U.B.C. and the
Uniform Fire Code, the Zoning Board of Adjustment of the Town shall be and is designated as
the said Building Board of Appeals and the said Fire Board of Appeals.
Section 10. Identifying Markings on Certain Vehicles.
A. For purposes of this Section:
Commercial motor vehicle means a motor vehicle, other than a
motorcycle, designed or used primarily to transport property. The term
includes a passenger car reconstructed and used primarily for delivery
purposes. The term does not include a passenger car used to deliver the
United States mail.
Motor vehicle means any vehicle that is self-propelled.
B. A person commits an offense if:
(1) the person operates a commercial motor vehicle on a public street, road, or
highway; and
(2) the commercial motor vehicle does not have on each side of the power unit
identifying markings that:
(a) show the name of the owner or operator of the vehicle; and
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(b) have clearly legible letters and numbers of a height of at least two
inches.
Section 11. Savings. This Ordinance shall be cumulative of all other ordinances of the
Town affecting building, construction and related activities and shall not repeal any of the
provisions of said ordinances except in those instances where provisions of those ordinances are
in direct conflict with the provisions of this Ordinance; provided, however, that Ordinance No.
92-04 is hereby repealed in its entirety, but provided that any action, cause of action or claim
which prior to the effective date of this Ordinance has been initiated or has arisen, whether
known or unknown, under or pursuant to the Ordinance No. 92-04 shall continue to be governed
by the provisions of that Ordinance and for that purpose that Ordinance shall remain and
continue in full force and effect.
Section 12. Penalty. it shall be unlawful for any person to violate any provision of this
Ordinance, and any person violating or failing to comply with any provision of this Ordinance
shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed upon each day during
or on which a violation occurs or continues.
Section 13. Severability. If any section, article, paragraph, sentence, clause, phrase
or word in this Ordinance or application thereof to any person or circumstance is held invalid
or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity
of the remaining portions of this Ordinance, and the Town Council hereby declares it would
have passed such remaining portions of this Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
Section 14. Effective date. This Ordinance shall become effective from and after its
date of adoption and publication as required by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas
this the 5th day of December , 1995,
ATTEST:
Town Secretary,
Town of Trophy Club, Texas
[SEAL]
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Town of Trophy Cl!i , Texas
APPROVED AS TO FORM:
own ° t rney,
Town of Trophy Club, Texas
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