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ORD 1998-17f5111111, lj� III Xm TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 98- 17 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS ADOPTING THE UNIFORM BUILDING CODE, 1997 EDITION AND ALL APPENDICES THERETO; ADOPTING THE UNIFORM FIRE CODE, 1997 EDITION; ADOPTING THE UNIFORM MECHANICAL CODE, 1997 EDITION; ADOPTING THE UNIFORM PLUMBING CODE, 1997 EDITION; ADOPTING THE NATIONAL ELECTRICAL CODE, 1996 EDITION; PROVIDING A SAVINGS CLAUSE, BUT REPEALING ORDINANCE NO. 9 5 _ Z 4RELATING 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, 1997 Edition. There is hereby adopted by the Town of Trophy Club, Texas (the "Town") the Uniform Building Code, 1997 Edition, and all appendices thereto (together, the "U.B.C."), 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. Section 2. Adoption of Uniform Fire Code, 1997 Edition. There is hereby adopted by the Town for the purpose of prescribing regulations governing conditions hazardous to Iife and property, the Uniform Fire Code, 1997 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, -I- DOC K: 320346 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 3. Adoption of Uniform Mechanical Code, 1997 Edition. There is hereby adopted by the Town the Uniform Mechanical Code, 1997 Edition 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. Section 4. Adoption of Uniform Plumbing Code, 1997 Edition. There is hereby adopted by the Town the Uniform Plumbing Code, 1997 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. Section 5. Adoption of National Electrical Code, 1996 Edition. There is hereby adopted by the Town the National Electrical Code, 1996 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 6. Authority of Building Official. The Town Building Official shall have the authority and power to enforce all provisions of the Uniform Building Code, 1997 Edition (including all appendices thereto), the Uniform Fire Code, 1997 Edition, the Uniform Mechanical code, 1997 Edition, the Uniform Plumbing Code, 1997 Edition, and the National Electrical Code, 1996 Edition. Section 7. Board of Appeals. The Town Council shall appoint five (5) members to the Building Board of Appeals as authorized by the Uniform Building Code, 1997 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 the Uniform Fire Code, 1997 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. ooc #: 320348 Section 8. 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. 95-24 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. 9 5 - 2 4 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 9. 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 14. 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 11. 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 16th day of June , 1998. ATTEST: Town Secretary, Town of Trophy Club, Texas [SEAL] -3- ROC ff: 320348 r, Town of TroBkx Club, Texas APPROVED A5 TO FORM: TowZ Attorney, Town of Trophy Club, Texas 0 DOC #: 320348