ORD 779 12/12/2006 INTERNATIONAL EXISTING BUILDING CODE ORDINANCE NO. 7 7 9
AN ORDINANCE OF THE CITY OF CIBOLO ADOPTING THE 2006 EDITION
OF THE INTERNATIONAL EXISTING BUILDING CODE, REGULATING AND
GOVERNING THE REPAIR, ALTERATION, CHANGE OF OCCUPANCY,
ADDITION AND RELOCATION OF EXISTING BUILDINGS, INCLUDING
HISTORIC BUILDINGS, IN THE CITY OF CIBOLO; PROVIDING FOR
PENALTIES FOR THE VIOLATION OF THIS ORDINANCE;PROVIDING FOR
THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR;
THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES
OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS
ORDINANCE.
WHEREAS,the City of Cibolo is a Home Rule Municipality located in Guadalupe County, Texas, created
in accordance with provisions of the Texas Local Government Code and operating pursuant to its adopted
City Charter and all applicable laws and enabling legislation of the State of Texas;and
WHEREAS,the City of Cibolo is governed by a Home Rule Charter that was approved by the Citizens of
Cibolo in a duly called election held on September 11, 2004; and
WHEREAS, Chapter 54.001 of the Texas Local Government Code provides the general authority for the
City of Cibolo to enforce each rule, ordinance, or police regulation of the City of Cibolo and to punish a
violation of a rule,ordinance, or police regulation;and
WHEREAS,the City of Cibolo, Texas seeks to protect the health, safety, and welfare of the citizens of the
City of Cibolo;and
WHEREAS, the City of Cibolo, Texas seeks to regulate and govern the repair, alteration, change of
occupancy, addition and relocation of existing buildings, including historic buildings, in the City of
Cibolo, and from conditions hazardous to life or property in the occupancy of buildings and premises in
the City of Cibolo.
The City Council of the City of Cibolo does ordain as follows:
Section 1. That a certain document, three (3) copies of which are on file in the office of the Building
Official of Cibolo, being marked and designated as the International Existing Building Code, 2006
edition, including Appendix Chapters A and B and Appendix Chapters Resource A as a guideline, as
published by the International Code Council, be and is hereby adopted as the Existing Building Code of
the City of Cibolo, in the State of Texas for regulating and governing the repair, alteration, change of
occupancy, addition and relocation of existing buildings, including historic buildings, as herein provided;
providing for the issuance of permits and collection of fees therefor; and each and all of the regulations,
provisions, penalties, conditions and terms of said Existing Building Code on file in the office of the
Building Official of Cibolo are hereby referred to, adopted, and made a part hereof as if fully set out in
this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2, 3, 4,
5, 6, 7, and 8 of this ordinance.
Section 2. That the following sections and/or sub-sections are hereby revised to read as follows:
Section 101.1. Title. These regulations shall be known as the Existing Building Code of Cibolo,
hereinafter referred to as"this code."
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Section 105.2 Work exempt from permit. Exemption from the permit requirements of this code
shall not be deemed to grant authorization for any work to be done in any manner in violation of
the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not
be required for the following:
Building:
1. Painting,papering,tiling, carpeting, cabinets, counter tops and similar finish work.
2. Temporary motion picture,television, and theater stage sets and scenery.
3. Shade cloth structures constructed for nursery or agricultural purposes, and not including
service systems.
4. Window awnings supported by an exterior wall of Group R-3 or Group U occupancies that
do not project more than 54 inches (1372 mm) from the exterior wall and do not require
additional support.
5. Movable cases,counters, and partitions not over 69 inches(1753 mm)in height.
Electrical:
Repairs and maintenance: Minor repair work, including the replacement of lamps or the
connection of approved portable electrical equipment to approved permanently installed
receptacles.
Radio and television transmitting stations: The provisions of this code shall not apply to
electrical equipment used for radio and television transmissions, but do not apply to equipment
and wiring for power supply,the installations of towers, and antennas.
Temporary testing systems: A permit shall not be required for the installation of any temporary
system required for the testing or servicing of electrical equipment or apparatus.
Gas:
1. Portable heating appliances.
2. Replacement of any minor part that does not alter approval of equipment or make such
equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation appliances.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by
this code.
5. Replacement of any minor part that does not alter approval of equipment or make such
equipment unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration systems containing 10 pounds(4.54 kg)or less of refrigerant or
that are actuated by motors of 1 horsepower(746 W)or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if
any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it
becomes necessary to remove and replace the same with new material, such work shall be
considered as new work and a permit shall be obtained and inspection made as provided in
this code.
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2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the
removal and reinstallation of water closets, provided such repairs do not involve or require
the replacement or rearrangement of valves,pipes or fixtures.
Section 112.1 General. In order to hear and decide appeals of orders, decisions, or
determinations made by the code official relative to the application and interpretation of this
code, there shall be and is hereby created a board of appeals. The City Council may act as the
board of appeals, or the board of appeals shall be appointed by the governing body and shall hold
office at its pleasure. The board shall adopt rules of procedure for conducting its business.
Section 1301.2 Applicability. Structures existing prior to the effective date of this ordinance, in
which there is work involving additions, alterations, or changes of occupancy shall be made to
conform to the requirements of this chapter or provisions of Chapters 4 through 12. The
provisions of Section 1301.2.1 Through 1301.2.5 shall apply to existing occupancies that will
continue to be, or proposed to be, in Groups A, B, E, F, M,R, and S. These provisions shall not
apply to buildings with occupancies in Group H or I.
Section 3. That all references to the ICC Electrical Code read as follows: ICC Electrical Code or NFPA
70 as adopted by the City of Cibolo. Where conflicts arise between codes the more stringent shall govern.
That all references to the standards of the National Fire Protection Association shall be the most recent
additions on file in the office of the Fire Marshal.
Section 4. That all pressure gauges installed or used for testing shall have the working range in the
middle third of the gauges minimum and maximum pressure ends.
Section 5. That all piping, ducting and similar penetrations through walls, floors and ceilings shall be
sealed to prevent entry of rodents and insects.
Section 6. That all water service and supply lines crossing under sidewalks or driveways shall be
enclosed within a sleeve two pipe sizes greater than the pipe passing through, so as to allow removal and
replacement, and shall be at a minimum depth of 12 inches(305 mm)below finish grade unless otherwise
required by the code official.
Section 7. The use of streets, alleys and public property for the storage or handling of materials or of
equipment required for construction or demolition, and the protection provided to the public shall comply
with the provisions of the authority having jurisdiction and this section.
Construction materials and equipment shall not be placed or stored so as to obstruct any street, alley,
public right-of-way, access to fire hydrants, standpipes, fire or police alarm boxes, catch basins or
manholes, nor shall such material or equipment be located within 20 feet(6.1 m) of a street intersection,
or placed so as to obstruct normal observations of traffic signals or obstruct the view of traffic.
Construction materials, trash, garbage, rubbish, and debris shall be secured or contained in approved
covered containers so as to prevent such items from leaving the property, lot or construction site.
Uncovered containers may be approved in writing at the discretion of the code official. Construction sites
shall be kept neat, clean and orderly and free of hazards.
Section 8. Trenching and excavating. Underground utilities shall be located and marked before trenching
or excavating. It shall be a violation of this ordinance to trench or excavate without properly making
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request for utility locates, and for damaging utilities that have been properly located. Requests shall be
made using nationally recognized locating guidelines and procedures.
Section 9. Violation penalties. Any persons who shall violate a provision of this code or shall fall to
comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in
violation of the approved construction documents or directive of the code official, or of a permit or
certificate used under provisions of this code, shall be guilty, of a Class C misdemeanor, punishable by a
fine of not more than $1000.00 dollars. Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
Section 10. Failure to comply. Any person who shall continue any work after having been served with a
stop work order, except such work as that person 's directed to perform to remove a violation or unsafe
condition, shall be liable to a fine of not less than$100.00 dollars or more than$500.00.
Section 11. That this ordinance shall be cumulative of all provisions of the City of Cibolo, Texas, except
where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in
which event the more restrictive provision shall apply.
Section 12. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason,
held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance, and each section,
subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared unconstitutional.
Section 13. That nothing in this ordinance or in the Existing Building Code hereby adopted shall be
construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing, under any act or ordinance; nor shall any
just or legal right or remedy of any character be lost,impaired or affected by this ordinance.
Section 14. That the City Secretary is hereby ordered and directed to cause this ordinance to be
published.
Section 15. That this ordinance and the rules, regulations, provisions, requirements, orders and matters
established and adopted hereby shall take effect and be in full force and effective immediately upon the
passage and approval of the City Council of the City of Cibolo,Texas.
AND IT IS SO ORDAINED.
PASSED AND APPROVED by a vote of for to D against this Ia day of Dece ,Z ar,2006.
/ APPROr D:
.
•
Joh31n utton,Mayor
A 1TEST:
Peggy Cimics, City Secretary
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