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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