HomeMy WebLinkAbout1999-06-01ITEM, 1 Z.
TO: HONORABLE MAYOR, AND CITY COUNCIL MEMBERS
FROM: ROGER NELSON, CITY MANAGERA/
MEETING DATE: JUNE 1, 1999
SUBJECT: AMENDMENT TO GRAPEVINE CODE OF ORDINANCES,
CHAPTER 7, BUILDINGS AND CONSTRUCTION, ARTICLE I,
SECTION 7-4, ARTICLE III, SECTIONS 7-42 AND 7-43; ARTICLE
VI, SECTION 7-151, AND ARTICLE VI II, SECTION 7-177,
RELATIVE TO THE COMPOSITION AND QUALIFICATION OF
THE HOUSING AND BUILDING BOARD OF APPEALS, THE
MECHANICAL BOARD OF APPEALS, THE PLUMBING BOARD
OF APPEALS AND THE ELECTRICAL BOARD
RECOMMENDATION:
Staff recommends that the City Council consider an ordinance amending Chapter 7,
Buildings and Construction, Article I, Section 7-4, Article III, Section 7-42 and 7-43; Article
VI, Section 7-151, and Article Vill, Section 7-177, relative to the composition and
qualification of the Housing and Building Board of Appeals, the Mechanical Board of
Appeals, the Plumbing Board of Appeals and the Electrical Board.
BACKGROUND INFORMATION:
As you know, recently the City Staff discussed with Council the need to combine the
various construction appeal boards into one group that would serve for all construction
disciplines. These boards have historically met very infrequently; therefore, it has been
difficult to retain the members. By combining the membership of all of the construction
related boards into one group of seven individuals, retention of members should greatly
improve. Additionally, appeals cases which will be heard by this same group, will receive
review from a broader range of experts, aiding in the effectiveness of the Board. Attached
is a list of current Board members.
/ga
Attachment
0:lbbalagnmem74243 June 1,1999
AMENDMENT TO GRAPEVINE CODE OF ORDINANCES
CHAPTER 7, BUILDINGS AND CONSTRUCTION
Section 1 Section 7-4. Creation of Housing and Building Boards of Appeals;
membership is hereby amended in its entiretv and replaced as follows:
"Sec.7-4. Creation of Housing and Building Board of Appeals, memh�� gip,
composition and qualification of members.
The City Council shall appoint five (5) seven (7) members to the following
boards who shall collectively and jointly serve as the membership of said boards:
Housing Advisory and Appeals Board as authorized by the Uniform Housing
Code, 1979 Edition, Building Board of Appeals as authorized by the 1994 Edition
of the Uniform Building Code, Plumbing Board of Appeals Electrical Board of
Aooeals. Mechanical Board of Aooeals. The membership of both each named
board shall consist of the same #w2 (5) seven (.7) individuals. The boards named
herein shall be collectively called the Building Board of Appeals. hereinafter
referred to as the Board.
The five (5) seven t 7) members appointed to the two (2) Boards shall qualify and
serve as members of beth beards each Board named herein as required by the
respective codes. There is hereby established the position of first alternate
member of the Board who shall be appointed by the Citv Council and who shall
meet with the Board and serve in the place and with the full power of a member
in the absence or conflict of a member. SUGh ,alternate membor shall be
de�nated-as fir orn�nd shall cer„e in the plane cf s member in ouch
designated nrinriiv The alternate memhe eFied of GRe yeaF
r rh�Il cev� #spa�o, o,,-�
The qualifications of the members shall be as follows-
1 ) One (1) member shall be a general building contractor registered to operate
in the Citv of Grapevine with at least five (5) vears of general contracting
experience
2) One (1) member shall be a licensed and registered master electrician with at
least five (5) vears of experience as an electrical contractor
3) One (1) member shall be a licensed and registered mechanical contractor
with at least five (5) years experience
4) One (1 ) member shall be a licensed and registered master ;dumber with at
least five s5) years experience as a plumbing contractor
5) One i 1) member shall be an emplovee of the electric utility company system
for the Citv of Grapevine. The appointment of this member shall be approved
by the utilitv.
6) The remaininu two (2) members and the alternate member shall be approved
as deemed appropriate by the Citv Council.
Other members and the alternate shall be approved as deemed anoropriate by
the Citv Council.
In the event there are no individuals who are willinci to serve who meet the
above stated qualifications. the City Council shall aonoint a member with
qualifications deemed arpropriate to serve that term.
Each of the five (5) seven (7) citizen members shall occupy a place on the
Building Board of Appeals, such places being numbered 1,2,3,4,5,E and 7.
Upon approval and adoption of this ordinance, Places 1,2 and 3 to as appointed
June 7, 1994, including any subsequent appointments, shall continue to serve a
term of two (2) years. Places 4 and 5, as appointed June 7, 1994 for a one near
term including any subsequent appointments, shall continue to serve a term of
two (2) years. Places 6 and 7 and the alternate are to be appointed June 7 1999.
and shall serve for a term of two (2) vears. Subsequent appointments to Places
6 and 7 and the alternate shall be for a ►aeriod of two (2) vears. Terms of the
Board members shall be staggered two (2) year terms and all other duties and
responsibilities shall be as required by the codes.
Any member of the board may be removed for cause by the citv council if such
removal is for the best interest of the public. All members shall serve without
compensation."
Section 2. Section 7-42. Electrical Board, Paragraph (a) is hereby amended and
replaced in its entirety as follows:
"Sec. 7-42. Electrical Board — Creation; composition; tenure, compensation
(a) A BeaFd s hereby Created fee the Gity, to be known as -the Electrical Board,
There is herebv created an Electrical Board of Appeals which shall consist
of the five-(5) seven s7) members of the Building Board of Appeals. to be
appointed for two (2) years by the City Ge unnil "
The rest of the section to remain unchanged.
Section 3. Section 7-43(a) and (b) are hereby amended and replaced in their
entiretv. and Section 7-43(ci is herebv created as follows:
Sec. 7-43. Same — Qualifications of members; secretary, quorum.
"(a) The persons selected to serve on the Electrical Board shall be qualified
and determined as in accordance with Sec. 7-4 of this code.
(1`r,)--One rnernber shall be appointed frern the personnel of the peweF and light
ooym�,pan.,I rh+sed by the choll be
G,fsmilie;- ..— t#� r�y"iromon�}c�
f hits --de, whiGGhirnr�es the National EIeGtFGal GE)de,_and the rules atn-d
regulations of said ^ompany. yio appe�t,,,�s#all have on app; aved
by that ompany.
(2) One member shall be registered -elestr+c-al-^^ntra^t„r ^r„d ..,ho aha!!l be a
registered master ele^tri^ian
(3)The ether throe (3) ^members oholl be n emnbe.,ra 0 ls�ge as appeiRted by the
Grapevine �i�CounGil. �cefee ernGe tc tO ttihie "beard" -rd" chy,11 m9an the eIe^tri^aI
appeals.board of
(4) (b) The Building Official shall be a member of the Board without voting
privileges and shall be the permanent secretary.
M ) Three-(3) Four (4) members of the Board at any one meeting shall
constitute a quorum. Recommendations or changes to this code will require
the approval of a majority of the Board present."
Section 4. Section 7-151. Amendments to the mechanical code, shall be
amended as follows:
"Section 110.0. Paragraph (a) Board of Appeals.
(a) Appointment. There is hereby created a beard to be kRGWR as the
Mechanical Board of Appeals. Such board shall consist of sib seven 17 i
members, five (5) all of which shall be those members of the Building Board
of Appeals a�s`'Drovided for in Section 7-4 of this code. and one I;GeRsed
and registered "entrante havmS at kQc4 fiv�,5)~years!
ex-peTe"lGe, sk,;ed in pla
ee,�u pment.. Board members shall have the authority to vary the application
of any provision of this code or to modify an order of the mechanical
inspector. In exercising its power, the Board shall specify in what manner
such variation or modification is made, the conditions upon which it is made
and the reasons for the variation or modification."
The rest of the section to remain unchanged.
Section 5. Section 7-177, Amendments to plumbing code, is hereby amended as
follows:
"Sec. 30.8. Paragraphs (a) and (b) Plumbing Board of Appeals.
(a) Appointment. There is hereby created a beard to be kne n an the Plumbing
Board of Appeals. Such Board shall consist of aim seven (7) members,
five (5) all of which shall be those members of the Building Board of Appeals.
and one -IiGense�'�registered maotor plumb,
year's , —ex..., n skilled in planning and layeut ef—t"o inatslla of
plumbing— as Drovided for in Section 7-4 of this Code. Board members shall
be appointed by the City Council. Reference to the "Board" shall mean the
plumbing Building Board of Appeals.
(b) Term of office. The master pli imhor members of the Board shall hold office
for a term of two (2) years,- _and-shal�ve until h?cess X has
appointed and q alifiora Vacancies shall be filled by appointment in the
manner prescribed in Section 7.4 of this code."
The rest of the section to remain unchanged.
Consent Agenda Wording:
City Council to consider amendments to Grapevine Code of Ordinances, Chapter
7, Buildings and Construction, Article I, Section 7-4, Article 111, Sections 7-42 and
7-43; Article VI, Section 7-151, and Article Vill, Section 7-177, relating to the
composition and qualification of the Housing and Building Board of Appeals, the
Mechanical Board of Appeals, the Plumbing Board of Appeals and the Electrical
Board.
ORDINANCE NO.99-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE
CODE OF ORDINANCES BY AMENDING CHAPTER 7
BUILDINGS AND CONSTRUCTION, ARTICLE I, SECTION
7-4; ARTICLE III, SECTIONS 7-42 AND 7-43; ARTICLE VI,
SECTION 7-151; AND ARTICLE Vill, SECTION 7-177,
RELATIVE TO THE COMPOSITION AND QUALIFICATION
OF THE HOUSING AND BUILDING BOARD OF APPEALS,
THE MECHANICAL BOARD OF APPEALS, THE
PLUMBING BOARD OF APPEALS AND THE ELECTRICAL
BOARD . PROVIDING AMENDMENTS TO SAME;
REPEALING CONFLICTING ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY, NOT
TO EXCEED TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH SEPARATE OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED UPON EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS:
Section 1. That Chapter 7 Buildings and Construction, Article I, Section 7-4
relative to the Creation of Housing and Building Boards of Appeals is hereby amended
in its entirety to read as follows:
"Sec.7-4. Creation of Building Board 'of Appeals, composition and qualification of
members.
The City Council shall appoint seven (7) members to the following boards who
shall collectively and jointly serve as the membership of said boards; Housing
Advisory and Appeals Board as authorized by the Uniform Housing Code, 1979
Edition, Building Board of Appeals as authorized by the 1994 Edition of the
Uniform Building Code, Plumbing Board of Appeals, Electrical Board of Appeals,
Mechanical Board of Appeals. The membership of each named board shall
consist of the same seven (7) individuals. The boards named herein shall be
collectively called the Building Board of Appeals, hereinafter referred to as the
board.
The seven (7) members appointed to the board shall qualify and serve as
members of each board named herein as required by the respective codes.
There is hereby established the position of first alternate member of the board
who shall be appointed by the City Council and who shall meet with the board
and serve in the place and with the full power of a member in the absence or
conflict of a member.
The qualifications of the members shall be as follows:
1) One (1) member shall be a general building contractor registered to
operate in the City of Grapevine with at least five (5) years of general
contracting experience
2) One (1) member shall be a licensed and registered master electrician with
at least five(5) years of experience as an electrical contractor
3) One (1) member shall be a licensed and registered mechanical contractor
with at least five (5) years experience
4) One (1) member shall be a licensed and registered master plumber with at
least five (5) years experience as a plumbing contractor
5) One (1) member shall be an employee of the electric utility company
system for the City of Grapevine. The appointment of this member shall
be approved by the utility
6) The remaining two (2) members and the alternate shall be approved as
deemed appropriate by the City Council
In the event there are no individuals who are willing to serve who meet the above
stated qualifications, the City Council shall appoint a member with qualifications
deemed appropriate to serve that term.
Each of the seven (7) citizen members shall occupy a place on the Building
Board of Appeals, such places being numbered 1,2,3,4,5,6, and 7. Upon
approval and adoption of this ordinance, Places 1,2 and 3 as appointed June 7,
1994, including any subsequent. appointments, shall continue to serve a term of
two (2) years. Places 4 and 5, as appointed June 7, 1994 (for a one year term),
including any subsequent appointments, shall continue to serve a term eftwo (2)
years. Places 6 and 7 and the alternate are to be appointed June 1999, and
shall serve for a term of two (2) years. Subsequent appointments to Places 6
and 7 and the alternate shall be for a period of two (2) years. Terms of the board
members shall be staggered two (2) year terms .and all other duties and
responsibilities shall be as required by the codes.
Any member of the board may be removed for cause by the City Council if such
removal is for the best interest of the public. All members shall serve without
compensation."
ORD. NO. 99-85 2
93
Section 2. That Chapter 7, Buildings and Construction, Article III, Section
7-42(a) Electrical Board - Creation; composition, tenure, composition is hereby
amended to read as follows:
"Sec. 7-42. Electrical Board — Creation; composition; tenure, compensation
(a) There is hereby created an Electrical Board of Appeals which shall consist
of the seven (7) members of the Building Board of Appeals."
Section 3. That Chapter 7, Buildings and Construction, Article III, Section
7-43(a) and (b) are hereby amended and replaced in their entirety, and Section 7-43(c)
is hereby created as follows:
"(a) The persons selected to serve on the Electrical Board shall be qualified
and determined in accordance with Sec. 7-4 of this code.
(b) The Building Official shall be a member of the Board without voting
privileges and shall be the permanent secretary.
(c) Four (4) members of the board at any one meeting shall constitute a
quorum. Recommendations or changes to this code will require the
approval of a majority of the board present."
Section 4. That Chapter 7, Buildings and Construction, Article VI, Section
7-151, Amendments to the mechanical code, Section 110.0(a) shall be amended as
follows:
"Section 110.0. Paragraph (a) Board of Appeals.
(a) Appointment. There is hereby created a Mechanical Board of Appeals.
Such board shall consist of seven (7) members, all of which shall be those
members of the Building Board of Appeals as provided for in Section 7-4
of this Code. Board members shall have the authority to vary the
application of any provision of this code or to modify an order of the
mechanical inspector. In exercising its power, the board shall specify in
what manner such variation or modification is made, the conditions upon
which it is made and the reasons for the variation or modification."
Section 5. That Chapter 7, Buildings and Construction, Article VII1, Section
7-177, Amendments to plumbing code, Section 30.8(a) and (b) is hereby amended to
read as follows:
"Sec. 30.8. (a) and (b) Plumbing Board of Appeals.
(a) Appointment. There is hereby created a Plumbing Board of Appeals.
Such board shall consist of seven (7) members, all of which shall be those
ORD. NO. 99-85 3
members of the Building Board of Appeals as provided for in Section 7-4
of this Code. Board members shall be appointed by the City Council.
Reference to the "board" shall mean the Building Board of Appeals.
(b) Term of office. The members of the board shall hold office for a term of
two (2) years. Vacancies shall be filled by appointment in the manner
prescribed in Section 7.4 of this Code."
Section 6. That all ordinances or any parts thereof in conflict with the terms of
this ordinance shall be and hereby are deemed repealed and of no force or effect.
Section 7. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed 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 8. If any section, subsection, sentence, clause or phrase of this
ordinance shall for any reason be held to be invalid, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 9. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals,
peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health,
safety and general welfare of the public which requires that this ordinance shall become
effective from and after the date of its passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, on this the 1st day of June, 1999.
ATTEST:
Li Adau�f�
City Secretary
Z/
"T'JON-.019ATNI193
William D. Tate
Mayor
ORD. NO. 99-85
4
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
ORD. NO. 99-85 5