16-C-09 - Revising Building Codes regarding residential for one and two family dwellingsORDINANCE NO. 16 -C -09
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
AMENDING THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ
CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS, ARTICLE II
INTERNATIONAL BUILDING CODE, SECTION 18 -41 AMENDMENTS AND
ARTICLE III INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO
FAMILY DWELLINGS, SECTION 18 -61 AMENDMENTS.
WHEREAS, the Texas Local Governmental Code empowers the cities to enact building codes and
regulations and provide for their administration, enforcement, and amendment; and
WHEREAS, the regulation of building and building construction by the City of Schertz (the
"City ") is necessary to protect the public health and welfare; and
WHEREAS, the City Council of the City desires to protect the safety and welfare of the citizens of
the City through regulation of construction activities in the City; and
WHEREAS, the City has recently updated the building codes by adopting the international codes and
local amendments; and
WHEREAS, City Staff has continued to evaluate the need for local amendments related to
inspections requirements; and
WHEREAS, the City Council has determined that local amendments with regard to
inspections, as set forth herein, is in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
Section 1 Amendments.
Chapter 18, "Buildings and Building Regulations ", Article II, "International Building Code"
Section 18 -41, is hereby amended to add:
Al 10.7 Inspection by Engineer of Record. The Engineer of Record may conduct required
inspections in- lieu -of the building official unless precluded by State Law. Prior to issuance of
a permit, the Engineer of Record must notify in writing the building official which
inspections he will be conducted. The building official may require such documentation as he
deems necessary, including assigned sealed letter by the Engineer of Record indicating the
construction was per the approved plans and all applicable code requirements. The building
official may require any additional documentation as he deems necessary and may also
require notice at least 24 hours prior to the inspections.
Chapter 18, "Buildings and Building Regulations ", Article III, "International Residential Code
for One and Two Family Dwellings ", Section 18 -61, is hereby amended to add:
R109.5 Inspection by Engineer of Record. The Engineer of Record may conduct required
inspections in- lieu -of the building official unless precluded by State Law. Prior to issuance of a
permit, the Engineer of Record must notify in writing the building official which inspections he will
be conducted. The building official may require such documentation as he deems necessary,
including assigned sealed letter by the Engineer of Record indicating the construction was per the
approved plans and all applicable code requirements. The building official may require any
additional documentation as he deems necessary and may also require notice at least 24 hours prior
to the inspections.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such
recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the
judgment and findings of the Council.
Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any
provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of
this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. That all rights and privileges of the City are expressly saved as to any and all violations
of the provision of any ordinances repealed by this ordinance which have accrued at the time of the
effective ,date of this Ordinances; and, as to such accrued violation 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.
Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance
shall be held to be invalid, the remainder of this Ordinance and the application of such provision to
other persons and circumstances shall nevertheless be valid, and the City hereby declares that this
Ordinance would have been enacted without such invalid provision.
Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance
is adopted was open to the public and public notice of the time, place, and subject matter of the
public business to be considered at such meeting, including this Ordinance, was given, all as required
by Chapter 551, as amended, Texas Government Code.
Section 8. This Ordinance shall be effective upon the date of final adoption hereof and any
publication required by law.
PASSED ON FIRST READING, the 26th day of April, 2016.
PASSED, APPROVED and ADOPTED ON SECOND READING, the 3rd day
of May, 2016.
CITY OF SCHERTZ, TEXAS
Mayo , Michael R. Carpenter
ATTEST:
�Ln
1 y Secretary,
Brenda Dennis
(CITY SEAL)