Ordinance No. 5,865910523 -2
ORDINANCE NO. 5865
AN ORDINANCE AMENDING CHAPTER 7 "BUILDINGS ", OF THE CODE
OF ORDINANCES, CITY OF BAYTOWN, TEXAS BY AMENDING
SECTION 7 -10, "BOARD OF ADJUSTMENTS AND APPEALS ", AND
AMENDING CHAPTER 24, "PLUMBING ", OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS BY AMENDING SECTION
24 -2, "AMENDMENTS, DELETIONS AND MODIFICATIONS ";
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Section 7 -10 of Chapter 7 "Buildings ", of
the Code of Ordinances, City of Baytown, Texas, is hereby amended
to read as follows:
Sec. 7 -10. Board of adjustments and appeals.
(a) Appointment. There is hereby established a board
to be called the Board of Adjustments and Appeals,
which shall consist of seven members as follows:
1. Member at Large
2. Member at Large
Contractor.
3. General.
4. Engineer
5. Architect
6. Master Plumber
7. Journeyman Plumber
The said Board shall be appointed by the City
Council.
(b) Appeals. Whenever the Building Official shall
reject or refuse to approve the placement of
mobile homes, the standards, plans or construction
of mobile home parks; or revoke or suspend any
license or permit; or give a utility disconnect
order; reject or refuse to approve the mode or
manner of construction proposed to be followed or
materials to be used in the installation or
alteration of a building or structure, or when it
is claimed that the provisions of the Building
Code or the Plumbing Code do not apply, or that
any equally good or more desirable form of
installation can be employed in any specific case;
or when it is claimed that the true intent and
meaning of the building, plumbing, or mobile home
codes or ordinances, or any of the regulations
thereunder have been misconstrued or incorrectly
interpreted, the owner of such mobile home, mobile
home park, building or structure, or his duly
authorized agent, may appeal from the decision of
the Building Official to the Board of Adjustment
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and Appeals. Notice of appeal shall be in writing
to the Board of Adjustments and Appeals. Notice
of appeal shall be in writing and filed within 10
days after the decision is rendered by the
Building Official. Appeals shall be on forms
provided by the Building official.
(c) Decisions.
(1) Variances. The Board of Adjustments and
Appeals, when so appealed to and after a
hearing, may vary the application of any
provision of this Code to any particular case
when, in its opinion, the enforcement thereof
would do manifest injustice, and would be
contrary to the spirit and purpose of this
Code or public interest, or when, in its
opinion, the interpretation of the Building
Official should be modified or reversed.
(2) Action. The Board of Adjustments and Appeals
shall, in every case, reach a decision
without unreasonable or unnecessary delay.
Each decision of the Board of Adjustments and
Appeals shall also include the reasons for
the decision. If a decision of the Board of
Adjustments and Appeals reverses or modifies
a refusal, order, or disallowance of the
Building Official, or varies the application
of any provision of this Code, the Building
Official shall immediately take action in
accordance with such decision.
(d) Appeal to City Council. Every decision of the
Board of Adjustments and Appeals may be appealed
to the City Council if filed in writing within 10
days on forms provided by the City Clerk.
Section 2: That Section 24-2 "Amendments, Deletions and
Modifications of Chapter 24 "Plumbing" of the Code of ordinances,
City of Baytown, Texas, is hereby amended to read as follows:
Sec. 24-2. Amendments, deletions and modifications.
(The plumbing code adopted in Sect. 24-1 is hereby
amended in the following respects:)
Chapter 8 is hereby repealed.
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Subsection 9.2.2, "Table of Fees," is hereby
repealed and a new subsection 9.2.2 is hereby adopted
that reads as follows:
Issuance fee .. ..............................$
5.00
Fixtures (listed below) .....................$
2.50
sewer line ..... ..............................$
5.00
House sewer replacement .....................$10.00
Water service line (new) ....................$
5.00
Water service line replacement ..............$
5.00
Grease trap installation ....................$10.00
Gas piping system (l to 5 outlets) ..........
$ 7.50
Each additional outlet ....................$
0.50
Water heater and /or vent (new) ..............$
5.00
Water heater replacement ....................$
5.00
Reinpection fee .... ........................$10.00
Minimum inspection ..........................$
5.00
Temporary gas connection ....................$
5.00
Incinerators (gas- fired) .. .................$20.00
Swimming pool water supply line, ............
$ 5.00
Lawn sprinkler system .......................$10.00
Fire protection system per floor ............
$35.00
Standpipe system as follows:
I to 25 hose connections ..................$25.00
Each additional connection ................$
0.50
Water piping to recycle heat for:
First 100 feet ............................$
5.00
Each 100 feet thereafter ..................$
5.00
Water tap inspection ......................$10.00
Sewer tap inspection ......................$10.00
Water meter inspection ....................$10.00
Section 12.1.3 is hereby repealed and a new
section 12.1.3 reading as follows is hereby added:
Sec. 12.1.3 Materials not listed.
Materials other than those listed for the various
used may be permitted upon approval of the
Plumbing Appeals and Advisory Board. The Board
shall not approve any material unless the same is
shown to be equal to or better than materials
listed in this ordinance.
Materials other than those listed for various uses
may be permitted, on a test case basis, upon
recommendation of the Plumbing Appeals and
Advisory Board and approval of Council. The Board,
for this purpose, shall not recommend any material
unless same is shown to be equal to or better than
materials listed in this ordinance.
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Section 12.1.4, "Materials and Uses," shall be
amended by the deletion of bituminized sewer pipe as
listed in this section.
Section 3: All ordinances or parts of ordinances
inconsistent with the terms of this ordinance are hereby
repealed; provided however, that such repeal shall be only to the
extent of such inconsistency and in all other respects this
ordinance shall be cumulative of other ordinances regulating and
governing the subject matter covered by this ordinance.
Section 4: If any provisions, section, exception,
subsection, paragraph, sentence, clause or phrase of this
ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional,
void or invalid, such invalidity shall not affect the validity of
the remaining provisions of this ordinance or their application
to other persons or sets of circumstances and to this end all
provisions of this ordinance are declared to be severable.
Section 5: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 23rd day of May,
1991.
-EMMETT O. HUTTO , Mayor
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LILEEN P. HALE,, City Clerk.
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NACIO R.AMI , SR., Assistant City Attorney
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