title
Consider/Discuss/Act on an Ordinance Amending Chapter 126 of the Code of Ordinances (Housing), Specifically Pertaining to the Building and Standards Commission (Article II, Division 2)
Summary
COUNCIL GOAL: Direction for Strategic Growth
Operational Excellence
MEETING DATE: February 16, 2016
DEPARTMENT: Development Services / Building Inspections
CONTACT: Rick Herzberger, Chief Building Official
Michael Quint, Executive Director of Development Services
RECOMMENDED CITY COUNCIL ACTION:
• Staff recommends approval of the proposed ordinance amendments.
ITEM SUMMARY:
• Per City Council direction, Staff is proposing to modify the Code of Ordinances so that the Building and Standards Commission has the authority to review amendments to the Model Codes prior to City Council action. Additionally, Staff is proposing to modify the Code of Ordinances to grant the Building and Standards Commission quasi-judicial authority to perform the role of a Board of Appeals for the Model Codes. Lastly, Staff is proposing a series of additional modifications to Chapter 126 of the Code of Ordinances to ensure compliance with applicable state statutes.
• The current ordinance was also reviewed in detail by legal counsel to ensure that the ordinance is consistent with the Texas Local Government Code Chapter 54, Subchapter C, entitled “Quasi-Judicial Enforcement of Health and Safety Ordinances”.
• With the adoption of the Ordinance Amending Chapter 126 of the Code of Ordinances, the Building and Standards Commission will review and make recommendations on new Model Code updates, every three years.
• The proposed ordinance does not change any section under Division 3, Housing and Substandard Building Code.
• The Development Services Division (Building Inspections and Code Enforcement Departments) and the Fire Department have reviewed the proposed ordinance amendments and agree that the concerns expressed by the City Council are addressed with this proposed ordinance.
• At the February 1, 2016 Work Session, the City Council discussed the changes to the Ordinance and were generally supportive. However, the City Council did direct Staff to extend the effective date of these changes to become effective on October 1, 2016. Additionally, there were minor non-substantive changes that the City Council requested including the consistent use of the title, Chief Building Official, rather than interchanging it with the title, Building Official.
• At the February 1, 2016 Work Session, the City Council also requested that an item be brought back on March 1, 2016 to appoint a Model Code Evaluation Subcommittee to review the Model Codes prior to the Model Codes and amendments presented to the Council for adoption.
BACKGROUND INFORMATION:
• The Model Codes and Amendments are updated every 3 years and the next Model Code update is scheduled for City Council consideration in July and August of 2016. This timeline was established in order to meet the ISO Building Code and Evaluation Grading Service current ratings as well as staying consistent with the area city code updates.
• The Model Codes and Amendment updates in the past were presented directly to the City Council by the Building Inspection Department and the Fire Department, without a commission or subcommittee recommendation.
• The Model Codes contain very specific regulations for the role of the Board of Appeals and this availability to the public was not clearly established in the current ordinance.
FINANCIAL SUMMARY: N/A
BOARD OR COMMISSION RECOMMENDATION: N/A