HomeMy WebLinkAboutOrdinances (ORDINANCE O-16-1984)-08/18/2016ORDINANCE 0-16-1984
ADOPTING THE 2015 EDITION OF THE INTERNATIONAL ENERGY
CONSERVATION CODE BY REFERENCE; AMENDING ALL
CONFLICTING PORTIONS OF SECTION 18 OF THE COLLEYVILLE
CODE OF ORDINANCES; AMENDING CHAPTER 11 OF THE 2012
INTERNATIONAL RESIDENTIAL CODE AS REFERENCED IN
ORDINANCE 0-14-1936; AMENDING THE 2012 INTERNATIONAL
ENERGY CONSERVATION CODE IN ITS ENTIRETY AS ADOPTED IN
ORDINANCE 0-14-1936; AND REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR RECORDING OF SUCH
CODE AS A PUBLIC RECORD; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR
VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville 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 of the City of Colleyville deems it necessary
to adopt this ordinance thus providing minimum standards
to safeguard the health, property, and welfare of the citizens
of Colleyville by regulating and controlling the use,
occupancy, maintenance, repair, design, construction, and
quality of materials for buildings and structures within the
City; and
WHEREAS, the Texas Governor signed H61736 into law on June 16,
2015, which adopts the energy efficiency chapter of the
International Residential Code as existing on May 1, 2015,
as the energy code for single-family construction (as defined
in Section 388.002 of the Health and Safety Code) effective
September l, 2016. Sections N1101.2 through N1105 of the
2015 International Residential Code (IRC) are noted to be
extracted from the 2015 International Energy Conservation
Code (IECC). The Building and Residential Advisory Board
(BRAB) recommends amending Chapter 11 [RE] ENERGY
EFFICIENCY of the 2015 IRC to refer to the residential
provisions of the 2015 IECC; and
Ordinance 0-16-1984
Page 2 of 5
WHEREAS, beginning in the spring of 2014, NCTCOGs Regional Codes
Coordinating Committee (RCCC) and its Energy and Green
Building Advisory Board conducted open review meetings
over a one-year period to review the 2015 edition of the
International Ene�gy Conservation Code and to develop
regional amendments. Their review and recommendations
were completed and endorsed by NCTCOG's Executive Board
in March 2015. Now NCTCOG encourages jurisdictions in
North Central Texas to adopt the 2015 International Energy
Conservation Code along with its respective regional
amendments; and
WHEREAS, all statutory and constitutional requirements for the passage
of this ordinance have been adhered to, including but not
limited to the Open Meeting Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1 THAT all the foregoing premises and finding are found to be
true and correct and are incorporated into the body of this
ordinance as if copied in their entirety.
Sec. 2. THAT the International Residential Code for One and Two
Family Dwellings, 2012 Edition; published by the
International Code Council, is hereby amended and Chapter
il is replaced with the 2015 Internationa/ Energy
Conservation Code as related to regulating the design of
building envelopes for adequate thermal resistance and low
air leakage, the design and selection of inechanical,
electrical, service water-heating and illumination systems
and equipment, in the City of Colleyville.
Sec. 3. THAT the International Energy Conservation Code, 2015
Edition, published by the International Code Council,
including the standards referenced therein, is hereby
adopted by reference as the Energy Conservation Code of
the City of Colleyville; regulating the design of building
envelopes for adequate thermal resistance and low air
Ordinance 0-16-1984
Page 3 of 5
leakage and the design and selection of inechanical,
electrical, service water-heating and illumination systems
and equipment in the City of Colleyville.
Sec. 4. THAT the 2015 International Energy Conservation Code, as
adopted herein, is hereby amended by reference through the
adoption of the 2015 NCTCOG local amendments. The City
of Colleyville, Texas may from time to time determine that
additional local modifications to the Energy Conservation
Code are necessary and appropriate to meet the unique
needs of the City of Colleyville, Texas. To effectuate these
local modifications, the City Council shall enact individual
ordinances amending this Ordinance, fully setting forth the
change to be made as adopted by reference through the
adoption of the 2015 NCTCOG local amendments.
Sec. 5. THAT the Energy Conservation Code, 2015 Edition, and the
2015 NCTCOG local amendments are incorporated herein by
reference and a copy of all codes and amendments adopted
by this ordinance shall be kept on file with the City
Secretary.
Sec. 6. THAT this ordinance shall be cumulative of all provisions of
ordinances of the City of Colleyville, 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. This
ordinance is intended to amend Ordinance 0-14-1936, as
amended, the 2012 Editions of the Internafional Residential
Code, and the International Energy Conservation Code.
Sec. 7. THAT 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 0-16-1984
Page4of5
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.
Sec. 8. THAT 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 any violation 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 any
other violation of this ordinance. Each day that a viofation is
permitted to exist shall constitute a separate offense.
Sec. 9. THAT all rights and remedies of the City of Colleyville 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.
Sec. 10. THAT this ordinance shall take effect immediately from and
after its passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 19th day of
July 2016.
The second reading and public hearing being conducted on the 16th day
of August 2016.
Ordinance 0-16-1984
Page 5 of 5
PASSED AND APPROVED BY A VOTE OF � AYES, c� NAYS, AND
�ABSTENTIONS ON THIS THE 16T" DAY OF AUGUST 2016.
Mayor Richard Newton � Mayor Pro Tem Chris Putnam �
Place 1, Tammy Nakamura /.t-�.` Place 5, Nancy Coplen _��
Place 2, Bobby Lindamood � Place 6, Mike Taylor �
Place 4, Jody Short q��
A TEST:
Amy elley, T C
City Secretary
TY OF COLLEYVILLE
\ Richard Newton
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney