Ordinance No. 11,123ORDINANCE NO. 11,123
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 18 "BUILDINGS AND BUILDING REGULATIONS," ARTICLE II
"BUILDING CONSTRUCTION STANDARDS," OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO ADD A NEW
DIVISION TO BE NUMBERED AND ENTITLED DIVISION 1 "WINDSTORM
STANDARDS: AMENDING CHAPTER 18 `BUILDINGS AND BUILDING
REGULATIONS." ARTICLE 11 "BUILDING CONSTRUCTION STANDARDS."
DIVISION 3 BUILDING CODE." SECTION 18 -92 "AMENDMENTS" OF THE
CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO ADD
AMENDMENTS TO SECTIONS 1603.1 "GENERAL," 1609.1.4 "WIND
DESIGN DATA," SECTION 1609.1 "APPLICATIONS," (EXCLUDING
SECTION 1609.1.2.1 "LOUVERS") 1609.3 "BASIC WIND SPEED," AND
ARTICLE IX `MINIMUM PROPERTY STANDARDS," DIVISION 2 `'ONE -
AND TWO - FAMILY DWELLINGS AND TOWNHOUSES:' SECTION 18 -652
"AMENDMENTS TO THE RESIDENTIAL CODE" OF THE CODE OF
ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO ADD (I) NEW
SUBSECTION R301.2.1 "CLIMATIC AND GEOGRAPHIC DESIGN
CRITERIA "; (II) AN AMENDMENT TO SECTION R301.2.1.1 "DESIGN
CRITERIA ": AND (III) AN AMENDMENT TO SECTION R301.2.1.2
"PROTECTIVE OPENING" TO MEET THE 130 MPH SEAWARD
STANDARDS; PROVIDING FOR A PENALTY NOT EXCEEDING FIVE
HUNDRED AND NO /100 DOLLARS ($600.00): PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE: AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section l: That Chapter 18 'Buildings and Building Regulations," Article II
"Building Construction Standards," of the Code of Ordinances of the City of Baytown, Texas, is
hereby amended to add a new division to be numbered and entitled Division 1 "Windstorm
Standards," which division shall read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE II. BUILDING CONSTRUCTION STANDARDS
DIVISION 1. WINDSTORM STANDARDS
Sec. 18 -26. Accessory building/structures.
(a) An accessory residential building or structure must be constructed to the prescriptive
standards outlined in the building code adopted in division 3 of this article.
(b) For purposes of this section, an "accessory residential building or structure" shall mean
any structure not greater than 3.000 square feet in floor area and not over two (2) stories
in height; any carport (open on at least two (2) sides), storage building, gazebo, patio or
similar type buildings or structures detached from the main building or structure. This
does not include detached garages used for motor vehicles.
See. 18 -27. Windstorm plan information.
(a) Prior to issuing a permit for new construction, the building official will require a separate
building plan or plans with building sections and details showing the components, their
types, locations, and framing elements that delineate that the framing will resist the
pressures developed from, and the wind speeds in ASCE -7 (130 MPH 3 second gusts).
(b) All documentation submitted must be sealed by a professional engineer, licensed to
practice in the state.
(c) For buildings or structures having unusual geometric shapes. response characteristics or
site locations for which channeling effects or buffeting in the wake of upwind
obstructions may warrant special consideration, wind loads must be based on wind tunnel
tests or nationally recognized data approved by the building codes adopted in this chapter.
(d) All new construction structures within the city must be designed and constructed under
the provisions of sections 1609.1 and 1609.3 of the building code adopted in section 18-
91 and as amended in section 18 -92, and section 301.1 of the residential code adopted in
section 18 -651 and amended in section 18 -652.
(e) All engineered new construction structures must be designed and inspected by a
professional engineer registered in this state, approved third party agency or a qualified
city inspector per submitted signed and sealed engineered plans.
Sec. 18 -28. Design professional.. The design professional must be a registered licensed
professional engineer legally registered or licensed under the laws of this state regulating the
practice of engineering.
(1) The engineer must be knowledgeable in the discipline for which the engineer is
designing.
(2) The practice of engineering in coincidence with enforcement o1' this code will be
in keeping with the rules regulating the practice of engineering.
(3) The design professional shall affix the design professional's official seal to the
drawings, specifications. and accompanying data determined necessary by the
chief building official, for windstorm requirements. All engineered structures
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must be designed by a Texas registered professional engineer.
Sec. 18 -29. Windstorm resistant construction inspections.
(a) Foundation Inspection. This inspection must be requested by the permittee after
placement of reinforcements, but prior to pouring of concrete, for special requirements
that are required per signed and sealed engineered plans.
(b) Final lVindstorm Inspection. This inspection must be requested by the permittee prior to
any type of covering that would keep the inspector from being able to verify the required
connector, fastener pattern. shear wall details and required special hold downs.
(c) Mechanical inspection. This inspection must be requested by the permittee after all
outside mechanical equipment has been anchored, particularly air conditioning
condensers. This category of inspections includes anchorage of other exterior equipment,
including floodlights, turbine vents, propane tanks, swimming pool filters, water cooling
towers, satellite dishes. and other similar equipment.
(d) Approved Engineer's inspection. When used it is the certifying engineer's responsibility
to ensure that the engineer or the engineer's representative has completed the Windstorm
framing inspection prior to the city inspector completing the city's final rough frame
inspection.
Sec. 18 -29. Special hurricane inspections.
During the periods of time as are designated by the National Oceanic and Atmospheric
Administration as being a hurricane warning or alert. the chief building official will make
inspections of residences. commercial, and industrial establishments. and construction sites to
ensure that all furniture, display racks. construction supplies and materials, and other loose
objects in exposed outdoor locations, are secured to rigid construction or stored in buildings.
(1) These inspections will be made to ensure, to the extent practicable. that portable
storage buildings and manufactured housing units (either being offered for sale.
stored on lots, or installed on private property) are properly anchored, reinforced,
and secured.
(2) Orders issued by the building official may be oral or written and may be given to
the person on the premises responsible for the custody or management or care or
maintenance of the premises, or the person's employee or agent, and the order
must be carried out before winds of hurricane velocity are anticipated.
Section 2: That Chapter 18 "Buildings and Building Regulations," Article II
"Building Construction Standards," Division 3 "Building Code," Section 18 -92 "Amendments"
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of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to add an amendment
to Section 1603.1 "General," which amendment shall read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE II. BUILDING CONSTRUCTION STANDARDS
DIVISION 3. BUILDING CODE
Sec. 18-92. Amendments.
The building code adopted in section 18 -91 shall be amended as follows:
Section 1603.1. General is amended to read as follows:
1603.1 General. Construction documents shall show the size, section and relative
locations of structural members with floor levels, column centers and offsets
dimensioned. The design loads and other information pertinent to the structural design
required by Sections 1603.1.1 through 1603.1.8 shall be indicated on the construction
documents.
Exception: Construction documents for buildings constructed in accordance with the
conventional light -frame construction provisions of Section 2308 shall indicate the
following structural design information:
1. Floor and roof live loads.
2. Ground snow load, Pg.
3. Basic wind speed (3- second gust) of 130 miles per hour (mph) and wind
exposure.
4. Seismic design category and site class.
5. Flood design data, if located in flood hazard areas established in Section
1612.3.
Section 3: That Chapter 18 'Buildings and Building Regulations," Article II
"Building Construction Standards." Division 3 'Building Code," Section 18 -92 "Amendments"
of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to add an amendment
to Section 1609.1.4 "Wind design data," which amendment shall read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE II. BUILDING CONSTRUCTION STANDARDS
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DIVISION 3. BUILDING CODE
Sec. 18-92. Amendments.
The building code adopted in section 18 -91 shall be amended as follows:
Section 1603.1.4 Wind design data is amended to read as follows:
1603.1.3 Wind design data. The follo-Mrig information related to wind loads shall be
shown, regardless of whether wind loads govern the design of the lateral- force - resisting
system of the building:
1. Basic wind speed (3- second gust) of 130 miles per hour.
2. Wind importance factor, L and occupancy category.
3. Wind exposure, if more than one wind exposure is utilized, the wind
exposure and applicable wind direction shall be indicated.
4. The applicable internal pressure coefficient.
5. Components and cladding. The design wind pressures in terms of psf
(kN /m2) to be used for the design of exterior component and cladding
materials not specifically designed by the registered design professional.
Section 4: That Chapter 18 'Buildings and Building Regulations," Article II
"Building Construction Standards,- Division 3 'Building Code," Section 18 -92 "Amendments"
of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to add an amendment
to Section 1609.1 "Applications." while leaving Section 1609.1.2.1 "Louvers" unchanged. The
amendment shall read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE IL BUILDING CONSTRUCTION STANDARDS
DIVISION 3. BUILDING CODE
Sec. 18-92. Amendments.
The building code adopted in section 18 -91 shall be amended as follows:
Section 1609.1 Applications is amended to read as follows:
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1609.1 Applications. Buildings, structures and parts thereof shall be designed to
withstand 130 MPH @ 3 second gust wind loads prescribed herein. Decreases in wind
loads shall not be made for the effect of shielding by other structures.
Section 1609. 1.1 Determination of i rind loads is amended to read as follows:
1609.1.1 Determination of wind loads. Wind loads on every building or structure shall
be determined in accordance with Chapter 6 of ASCE 7 utilizing the basic wind standard
design of 130 MPH @ 3 second gust. The type of opening protection required, the basic
wind speed and the exposure category for a site is permitted to be determined in
accordance with Section 1609 or ASCE 7. Wind shall be assumed to come from any
horizontal direction and wind pressures shall be assumed to act normal to the surface
considered.
Exceptions:
Subject to the limitations of Section 1609.1.1.1, the provisions of SBCCI
SSTD 10 shall be permitted for applicable Group R -2 and R -3 buildings.
2. Subject to the limitations of Section 1609.1.1.1, residential structures
using the provisions of the AF &PA WFCM.
3. Designs using NAAMM FP 1001.
4. Designs using TIAJEIA -222 for antenna - supporting structures and
antennas.
Section 1609.1.2 Protection of openings is amended to read as follows:
1609.1.2 Protection of openings. In wind -borne debris regions, glazing in buildings
shall be impact- resistant or protected with an impact - resistant covering meeting the
requirements of an approved impact- resisting standard or ASTM E 1996 and ASTM E
1886 referenced therein as follows:
1. Glazed openings located within 30 feet (9144 mm) of grade shall meet the
requirements of the Large Missile Test of ASTM E 1996.
2. Glazed openings located more than 30 feet (9144 mm) above grade shall
meet the provisions of the Small Missile Test of ASTM E 1996.
Exceptions:
1. Wood structural panels with a minimum thickness of 15/32 inch (11.9
mm) shall be permitted for opening protection in one- and two -story
buildings. Panels must be precut to cover the exterior openings with
attachment hardware provided. The panels and their attachment to the
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structure must meet the requirements of the large missile test using either
an approved impact- resisting standard or ASTM E 1996 and ASTM E
1886 referenced therein. The panels must be installed under the manner in
which they were tested for uniform static wind pressure resistance and for
windborne debris resistance.
2. Glazing in Occupancy Category I buildings as defined in Section 1604.5,
including greenhouses that are occupied for growing plants on a
production or research basis, without public access shall be permitted to be
unprotected.
3. Glazing in Occupancy Category II, III or IV buildings.
Section 5: That Chapter 18 "Buildings and Building Regulations." Article II
"Building Construction Standards," Division 3 "Building Code," Section 18 -92 "Amendments'
of the Code of Ordinances of the City of Baytown. Texas, is hereby amended to add an amendment
to Section 1609.3 "Basic wind speed," which amendment shall read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE II. BUILDING CONSTRUCTION STANDARDS
DIVISION 3. BUILDING CODE
Section 1609.3 Basic wind speed is amended as follows:
1609.3 Basic wind speed. The basic wind speed, in mph, for the determination of the
wind loads shall be 130 MPH. Basic wind speed for the special wind regions indicated,
near mountainous terrain and near gorges shall be in accordance with local jurisdiction
requirements. Basic wind speeds determined by the local jurisdiction shall be in
accordance with Section 6.5.4 of ASCE 7.
In non - hurricane prone regions, when the basic wind speed is estimated from regional
climatic data, the basic ,Nrind speed shall be not less than the wind speed associated with
an annual probability of 0.02 (50 -year mean recurrence interval), and the estimate shall be
adjusted for equivalence to a 3- second gust wind speed at 33 feet (10 m) above ground in
Exposure Category C. The data analysis shall be performed in accordance with Section
6.5.4.2 of ASCE 7.
Section 6: That Chapter 18 "Buildings and Building Regulations." Article IX
"Minimum Property Standards." Division 2 "One- and Two- Family Dwellings and
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Townhouses." Section 18 -652 "Amendments to the residential code" the Code of Ordinances
of the City of Baytown, Texas, is hereby amended to add a new subsection 8301.2.1.5 "Structures
to be included in the Texas Windstorm Insurance Association's Program for Windstorm Resistant
Construction," which subsection shall read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE IX. MINIMUM PROPERTY STANDARDS
DIVISION 2. ONE- AND TWO- FAMILY DWELLINGS AND TOWNHOUSES
Sec. 18 -652. Amendments to the residential code.
The residential code adopted in section 18 -651 shall be amended as follows
SectionR301.2.1 Climatic and geographic design criteria is amended by adding a new subsection
numbered and entitled R301.2.1.5 Rndstorm Resistant Construction, which subsection shall
read as follows:
R301.2.1.5 Windstorm Resistant Construction. All new structures within the city
shall be constructed to meet the 130 mph @ 3 second gust requirements of the division 1,
article I, chapter 18 of the city's code of ordinances.
R301.2.1.5.1 All structures within the city are required to be designed and
constructed under the state engineering practice act. as applicable, and must be
designed and constructed under this code.
R301.2.1.5.2 All structures must be inspected by the designing registered
professional engineer, by an inspector approved by the designing registered
professional engineering or a qualified city inspector.
Section 7: That Chapter 18 `Buildings and Building Regulations," Article IX
"Minimum Property Standards," Division 2 "One- and Two- Family Dwellings and
Townhouses," Section 18 -652 "Amendments to the residential code" of the Code of Ordinances
of the City of Baytown. Texas, is hereby amended to add an amendment to Section R301.2.1.1
"Design Criteria," which amendment shall read as follows::
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE IX. MINIMUM PROPERTY STANDARDS
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DIVISION 2. ONE - AND TWO - FAMILY DWELLINGS AND TOWNHOUSES
Sec. 18 -652. Amendments to the residential code.
The residential code adopted in section 18 -651 shall be amended as follows
Section R301.2. L I Design criteria is amended to read as follows:
R301.2.1.1 Design criteria. Construction in regions where the basic wind speeds from
Figure RR301.2(4) equal or exceed 130 miles per hour @ 3 second gust shall be designed
in accordance with one of the following:
1. American Forest and Paper Association (AF & PA) Wood Frame
Construction Manual for One -and Two - Family Dwellings (WFCM);
2. Southern Building Code Congress International Standard for Hurricane
Resistant Residential Construction (SSTD 10);
3. Minimum Design Loads for Buildings and Other Structures (ASCE -7);
4. American Iron and Steel Institute (AISI), Standard far Cold - Formed Steel
Framing - Prescriptive Method for One- and Two - Family Dwellings
(COFS /PM) with Supplement to Standard,for Cold- Formed Steel Framing
— Prescriptive Method for One and Two Family Dwelling; or
5. Concrete construction shall be designed in accordance with the provisions
of this code.
Section 8: That Chapter 18 `Buildings and Building Regulations," Article IX
"Minimum Property Standards," Division 2 "One- and Two- Family Dwellings and
Townhouses," Section 18 -652 "Amendments to the residential code" of the Code of Ordinances
of the City of Baytown, Texas. is hereby amended to add an amendment to Section R301.2.1.2
"Protective Opening." which amendment shall read as follows::
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE IX. MINIMUM PROPERTY STANDARDS
DIVISION 2. ONE- AND TWO - FAMILY DWELLINGS AND TOWNHOUSES
Sec. 18 -652. Amendments to the residential code.
The residential code adopted in section 18 -651 shall be amended as follows:
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Section R301.2.1.2 Protection of Opening is amended to read as follows:
8301.2.1.2 Protection of Opening.
R301.2.1.2 Protection of openings. Windows in buildings located in windborne
debris regions shall have glazed openings protected from windborne debris.
Glazed opening protection for windborne debris shall meet the requirements of
the Large Missile Test of an approved impact resisting standard or ASTM E 1996
and ASTM E 1886 referenced therein.
Exception: Wood structural panels with a minimum thickness of 15/32 inch (11.9
mm) shall be permitted for opening protection in one- and two -story buildings.
Panels must be precut to cover the exterior openings with attachment hardware
provided. The panels and their attachment to the structure must meet the
requirements of the large missile test using either an approved impact - resisting
standard or ASTM E 1996 and ASTM E 1886 referenced therein. The panels must
be installed under the manner in which they were tested for uniform static wind
pressure resistance and for windborne debris resistance. Attachments shall be
designed to resist the component and cladding loads determined in accordance
with either Table R301.2(2) or Section 1609.6.5 of the International Building
Code. Attachment in accordance with Table 8301.2.1.2 is permitted for buildings
with a mean roof height of 33 feet (10.058 mm) or less where wind speeds do not
exceed 130 miles per hour (58 m /s).
R301.2.1.2.1 General Requirements.
1. Products for exterior openings must either be manufactured
to resist windborne debris or must be protected from
windborne debris with an impact protective system.
2. Products for exterior openings must include exterior
windows, exterior doors, garage doors, and skylights and
impact protective systems.
3. Impact protective systems may include permanently
mounted shutters, removable shutters, or other types of
protective systems.
4. Section R301.2.1.2.3 specifies requirements for impact
protective systems that are manufactured to protect
products for exterior openings that are not windborne
debris resistant.
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5. Section R301.2.1.2.4 specifies requirements for exterior
opening products that are manufactured to resist windborne
debris.
R301.2.1.2.2. Impact and Cyclic Wind Pressure Criteria. Impact
protective systems and exterior opening products must be tested for
windborne debris resistance under ASTM E 1886 and ASTM E 1996 or
other windborne debris standards or procedures that are approved by the
city's chief building official. The missile criteria must be as follows:
1. Products located within 30 feet of grade must be tested to
resist a large. and if required small missile. If ASTM E
1996 is the test standard used, then missile level D from
Table 2, Applicable Missiles, must be used.
2. Products located above 30 feet of grade must be tested to
resist a small missile. If ASTM E 1996 is the test standard
used, then missile level D from Table 2, Applicable
Missiles. must be used.
R301.2.1.2.3. Impact Protective Systems. Impact protective systems
must be installed under the manufacturer's installation instructions and in
the manner in which they were tested for uniform static wind pressure
resistance and for windborne debris resistance.
R301.2.1.2.4. Exterior Opening Products.
1. If the exterior opening products are not protected from
windborne debris by an impact protective system, then they
must be manufactured to resist windborne debris under
Sections R301.2.1.2.1. and R301.2.1.2.2.
2. Exterior opening products must be installed under the
manufacturer's installation instructions and under the
manner in which they were tested for uniform static wind
pressure resistance and for windborne debris resistance.
R301.2.1.2.5. Protection from windborne debris using wood structural
panels. Protection from windborne debris using wood structural panels is
permitted. The methodology used must comply with the requirements
specified in Sections R301.2.1.2.2. and R301.2.1.2.3.
Section 9: Every person convicted of a violation of any provision of this ordinance
herein shall be punished by a fine not exceeding FIVE HUNDRED AND N01100 DOLLARS
($500.00). Each act of violation and each day upon which any such violation shall occur shall
constitute a separate offense. In addition to the penalty prescribed above, the city may pursue
other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and
revocation of licenses or permits.
Section 10: 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 11: If any provision, section, exception, subsection, paragraph, sentence, clause
or phrase of this Ordinance or the application of same to any person or the 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 12: This ordinance shall take effect from and after sixty (60) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the
caption of this ordinance to be published in the official newspaper of the City of Baytown at least
twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ and PASSED, by the affinnawote of the City Council of the
City of Baytown this the 28t1i day of May, 2009.
DONCARLOS,
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Ci ttorney
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