Chapter 3: Building & Construction
BUILDING & CONSTRUCTION
SEC. 1: FIRE DISTRICT ESTABLISHED
- Fire Limits Established
The provisions of this section shall apply to and be co-extensive with the territory within the boundaries now designated, or which may hereafter be established as the fire limits of the City of Electra, except such provisions as are by special reference made applicable to all the territory within the corporate limits of said City, and said fire limits as now established are hereby declared to be as follows:
Beginning at the intersection of Dunbar Street with the main line of the Fort Worth & Denver City Railway Company’s railroad; thence East along said main line of said railroad to its intersection with the East line of Electra Street; thence North along Electra Street to its intersection with North line of Roosevelt Avenue; thence West along North line of Roosevelt Avenue to its intersection with the East line of alley in Block No. 75; thence North along said alley to its intersection with the North line of Garrison Street; thence West along Garrison Street to its intersection with the West line of Waggoner Street; thence South along Waggoner Street to its intersection with the North line of Roosevelt Avenue; thence West along Roosevelt Avenue to its intersection with the West line of Wichita Street; thence South along Wichita Street to its intersection with alley in Block 36; thence West along said alley to its intersection with West line of Dunbar Street; thence South along Dunbar Street to the place of beginning.
(Ordinance of February 28, 1938)
SEC. 2: BUILDING CODE
A. International Building Code (Latest Edition) Adopted
It is hereby adopted by the City of Electra, Texas, for the purpose of establishing rules and regulations for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, areas, and maintenance of buildings and structures, that certain building code known as the International Building Code (Latest Edition), in the whole thereof, except as hereinafter amended, including all appendices thereto. One copy of said code shall be on file in the office of the City Administrator and the same is hereby adopted and incorporated as fully as if set out at length herein, and the same shall be controlling in the construction of all buildings and other structures within the city limits of the City of Electra, Texas.
- Conflict with Code of Ordinances
In the event of a conflict between the provisions of the building code adopted by reference in subsection A above, and any provision of the City Code of Ordinances, the provisions of the Code of Ordinance shall prevail.
C. Amendments to International Building Code
The sections and provisions of the International Building Code that are changed, added, or deleted are as follows:
(1) Office of Building Official Created
The office of Building Official is hereby created. The City Manager or his designee, shall serve as the City’s Building Official until the City Commission shall appoint his successor. The Building Official shall not have interest whatsoever, directly or indirectly, in the sale or manufacture of any material, process, or device entering into, or used in, or in connection with building construction within the City of Electra, Texas.
Any person aggrieved by an interpretation of the building code adopted by reference within this section, or by any decision or ruling by the City’s designated inspector, shall have the right to make an appeal to the City Commission. Such appeal shall be perfected by written notice submitted to the City Commission asking for a hearing by the Commission, and the action of the City Commission thereon shall be final. Prior to rendering a decision on any appeal, the City Commission may seek expert advice and counsel.
(3) Permit Fees
There shall be no fee charged for issuance of any permit nor for any inspection required in this code.
(4) Anchorage and Flashing of Veneer Masonry Units
All masonry veneer walls shall be flashed at the floor lines of multi-story structures, over all wall openings and at the base of the wall where it contacts the foundation. The flashing shall be a minimum of twenty (20) mil polyethylene film and shall extend from eight inches (8”) above the finished floor line, installed behind the sheathing in the case of frame or curtain walls or over the top and to within one-half inch (1/2”) of the interior face of the backup wythe for masonry walls, down the cavity and under the full width of the veneer material. Provide rope wicks or open head joints at a maximum spacing of thirty-six inches (36”) along the full length of the wall. Cut special corner cuts to insure full coverage of flashing over the brick ledge at the corners of the foundation. Lap flashing a minimum of twelve inches (12”) and seal all laps with sealant recommended by the manufacturer of the flashing.
(5) Accessibility for the Physically Disabled and/or Handicapped
All references in the International Building Code concerning the construction of barriers shall be deleted and in its place shall be the following:
All construction under the code shall be in compliance with Section 7.05 of Article 601 (A) of Vernon’s Annotated Statutes, as it is now written and as it may be hereafter amended. Said section is applicable to all barriers encountered by the aged, handicapped, or disabled persons. Additionally, all construction shall be in compliance with the Americans With Disabilities Act of the United States of America.
(Ordinance No. 2005-13; October 11, 2005)
SEC. 3: RULES REGULATING THE INSTALLATION OF
NATURAL GAS PIPING AND APPLIANCES
ART. I - GAS PIPING REGULATIONS
(1) Gas - The term “gas” as used herein shall mean natural gas only.
(2) House Piping - The term “house piping” as used herein shall mean the gas pipe and attendant fittings beginning at the meter outlet and includes all pipe underground, inside and outside the building.
(3) Service Line - Includes both customer owned and company owned. “Customer owned” service line shall be used to describe the piping and attendant fittings beginning at the property line and extending to the meter inlet. “Company owned” service line shall be used to describe the piping and attendant fittings extending from the gas main to the property line.
B. General Regulations
(1) Federal Minimum Safety Standards - Each natural gas service line (extending from the gas main to the meter and including any portion owned by the customer) must be installed, tested and maintained in accordance with regulations issued by the Office of Pipeline Safety Operations.
(2) Meter and Service Line Location - The gas company shall decide and designate in every case the type of gas meter to be set, where the meter shall be located, and the point at which the consumer’s piping shall be connected to the gas company’s piping. In piping any house for gas, the gas fitter shall first ascertain this information from the gas company, install a proper meter loop, and extend the piping to the connecting point.
(3) Installation and Maintenance of Service Lines (Company Owned - Where the gas meter is located at or near the consumer’s property line, the service piping, in its entirety, shall be installed and maintained by and at the expense of the gas company and shall be owned by the gas company. Where the gas meter is located at a place other than at or near the consumer’s property line, that portion of the service piping extending from the gas main to the consumer’s property line shall be installed and maintained by and at the expense of the gas company and shall be owned by the gas company.
(4) Installation and Maintenance of Service Lines (Customer Owned - That portion of the service piping extending from the consumer’s property line to the meter inlet connection will be installed and maintained at the expense of the consumer, and shall be owned by the consumer. Regardless of ownership, all service piping shall be installed and maintained in accordance with requirements set forth in this schedule to assure conformance with regulations issued by state and federal regulating agencies.
(5) Multiple Meter Installations - Where more than one meter is desired for a given building, the gas company may set as many meters as there are separate consumers applying for service, connecting the meters to one service pipe, provided that the piping extended to such different consumers from their respective meter connection outlets are plainly and permanently marked to identify the part of the building served by each meter.
(6) Delivery Pressure - Gas will be delivered to the consumer at 4 ounces per square inch gauge pressure at the meter outlet. When the consumer has unusual gas consumption requirements and when approval is requested in advance of the installation of piping, the gas company may, at its option, deliver gas at 5 pounds per square inch gauge pressure or at unregulated distribution system pressure. The consumer shall then provide additional pressure regulation as required. Approval by the gas company of a request for gas delivery at a pressure greater than 4 ounces will generally be considered only if the system meets one of the following conditions:
(a) Gas consuming equipment requires pressure higher than 4 ounces for proper operation;
(b) The piping system consists of multiple house piping systems supplied from a single service piping system;
(c) Volume of gas required and piping distance are such that it is economically unfeasible for the system to be operated at a pressure of 4 ounces (connected loads in excess of approximately 1,000,000 BTU and length of pipe from meter to the most remote outlet in excess of 300 feet may generally be considered as meeting these conditions); or
(d) The gas company determines that service can be rendered more satisfactorily at medium pressure than at 4 ounces.
(7) Existing Piping - Consumer’s gas piping installed prior to the effectiveness of these rules may remain in service, and piping installed to supply other than natural gas may be converted to natural gas service, if inspection and tests indicate that such piping will render satisfactory gas service and will in no way endanger life or property; otherwise, such piping shall be altered or replaced to conform with the requirements of these rules.
(8) Inauguration of Service - No person, firm, or corporation other than the gas company or its employees or agents shall initially inaugurate gas service to a consumer. Where the gas company has discontinued gas service to a consumer for any reason, no person, firm or corporation other than the gas company or its employees or agents shall reinaugurate gas service to the consumer.
(1) Quality - All pipe used for the installation, extension, alteration, or repair of any gas piping shall previously have been used for no purpose other than for conveyance of gas. All such pipe shall be free from internal obstructions, foreign matter, or imperfections which would render it unsatisfactory for the purpose intended.
(2) Plastic Pipe, Tubing and Fittings* - Polyethylene plastic pipe or tubing conforming with “Standard Specifications” for “ Thermoplastic Gas Pressure Pipe Tubing and Fittings” (ASTM D2513) and compatible fittings with required specification markings should be used for all underground customer-owned service line piping unless prior approval to substitute has been obtained from the gas company or unless prohibited by local codes. Installation of plastic piping shall be such as to avoid excessive stresses due to thermal contraction. Plastic pipe, tubing, and fittings shall be joined by either the heat fusion method or compression fittings. Transitions from plastic pipe to metallic pipe shall be made with compression fittings. Heat fusion joints shall be made in accordance with procedures recommended by the manufacturer. Compression fittings shall be those recommended by the manufacturer for use on plastic pipe or tubing. An internal tubular rigid stiffener shall be used in conjunction with compression fittings. The stiffener shall be flush with the end of the pipe or tubing and extend at least to the outside end of the compression fitting when installed. The stiffener shall be free of rough or sharp edges and shall not be a force fit in the plastic pipe end. A split tubular stiffener shall not be used. Joints shall be designed and installed to effectively sustain the longitudinal pull out forces caused by contraction of the piping.
(3) Metallic Pipe, Piping Joints, and Fittings[*] - Metallic gas pipe shall be black steel or wrought iron complying with ANSI Standard for Wrought Steel and Wrought Iron Pipe, B36.10. Lengths of underground metallic pipe shall be joined by welding. Metallic fittings (except stopcocks or valves) shall be steel, malleable or ductile iron. Metallic fittings may be screwed, flanged, or welded to metallic pipe.
(4) Metal Tubing, Tubing Joints, and Fittings - Seamless copper or steel tubing may be used for gas piping. When copper tubing is used for gas piping, only the tin lined type is permitted. Steel tubing shall comply with the Specification for Electric-Resistance-Welded Coiled Steel Tubing for Gas and Fuel Oil Lines, ASTM A539 or ANSI Standard Specification for Copper Brazed Steel Tubing, B36.35 (ASTM 254). Metallic tubing joints shall be made with approved gas tubing fittings. Metallic ball sleeve compression type tubing fitting shall not be used.
(5) Service Line Valves - Service line valves shall be of a type suitable for the intended service, shall provide positive cut-off at all pressures up to 60 psig, and shall be designed and constructed to minimize the possibility of the removal of the valve core with other than specialized tools. The following valves, or their equivalent, are acceptable: Dresser 175-GTO, Mueller H11116, or McDonald 521B.
D. Minimum Pipe Sizes
(1) Gas piping shall be sized to provide gas at peak demand with a pressure drop of not more than 5/10 inches of water column in the overall system (except for high pressure systems).
(2) The minimum size and maximum lengths of pipe for house piping may be determined from Table 1. In no case shall any section of piping be smaller in size than any pipe which it supplies. Yard lines shall be included with house piping in determining the minimum size and maximum lengths of pipe permissible for the system.
(3) Branch lines (piping extending to any single riser pipe) and riser pipes (vertical piping to the gas outlet) shall not be less than ½ inch in size and in no case smaller than the connection on the appliance to be served.
(4) Customer-0wned service line piping shall not be less than 1-1/4 inch nominal diameter for new installations. (Piping with a smaller nominal diameter may be used when service piping is being renewed by plastic pipe or tubing insertions.)
(Ordinance No. 97-1 of February 11, 1997)
(5) For conditions other than those covered by these provisions, such as longer runs or larger sizes of piping or greater gas demands, the gas company shall be consulted for correct piping sizes.
(6) The following tables can be used in sizing pipe for installations with 4 ounces and 5 pounds delivery pressure. Procedure for using figures in Table 1 are given; however, the same method may be used in sizing pipe for both delivery pressures.
To determine the size of each section of pipe in any system within the range of Table 1, proceed as follows:
(a) Measure the length of the pipe from the gas meter location to the most remote outlet of the system.
(b) For each section of pipe determine the total gas demand supplied by that section. Where gas piping sections serve both heating and cooling equipment and the installation prevents both units from operating simultaneously, only the larger of the two demand loads need be used in sizing these pipe sections.
(c) In Table 1, select the column showing the length measured, or the next longer length if the table does not give the exact length . Use this column to locate ALL gas demand figures for this particular system of gas piping.
(d) Starting at the most remote outlet, find in the vertical column just selected the gas demand for that outlet. If the exact figure of demand is not shown, choose the next larger figure below in the column.
(e) Opposite this demand figure, in the first column at the left of Table 1, find the correct size for that section of pipe.
(f) Proceed in a similar manner for each outlet and each section of pipe.
(g) When the project involves longer pipe runs or greater gas demands than those covered by Table 1, the size of each piping system shall be determined by standard engineering methods and each such system shall be so designed that the total pressure drop between the meter or other point of supply and any outlet, when full demand is being supplied to all outlets, will at no time exceed five-tenths (0.5) inches water column pressure.
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Problem: Determine the required pipe size for each section and outlet of the piping system shown in Figure 1 above. Gas to be used has a specific gravity of 0.60 and a heating value of 1000 BTU per cubic foot, delivered at 4 ounces gauge pressure.
(a) The length of pipe required to run from meter to most remote outlet (outlet A) is 60 feet (see Figure 1).
(b) Maximum gas demand of outlet A - 30 cubic feet per hour (30 gal. Water heater requires 30,000 BTU per hour).
Maximum gas demand of outlet B - 3 cubic feet per hour (gas refrigerator requires 3000 BTU per hour).
Maximum gas demand of outlet C - 65 cubic feet per hour (domestic gas range requires 65,000 BTU per hour).
Maximum gas demand of outlet D - 150 cubic feet per hour (furnace requires 150,000 BTU per hour).
(c) Using vertical column marked 60’ in Table 1:
Outlet A requires 30 CFH, need ½ inch pipe.
Section 1 supplies Outlets A and B, or 33 CFH, needs ½ inch pipe.
Section 2, supplying Outlets A, B, and C, or 98 CFH, requires ¾ inch pipe.
Section 3, supplying Outlets A, B, C, and D, or 248 CFH, requires 1 inch pipe.
(d) Using vertical column marked 60 feet in Table 1 (no column for actual length of 55 feet).
Outlet B, supplying 3 CFH, requires ½ inch pipe.
Outlet C, supplying 65 CFH, requires ¾ inch pipe because the domestic range connections are ¾ inch.
(e) Using vertical column marked 50 feet in Table 1:
Outlet D, supplying 150 CFH, requires ¾ inch pipe.
(7) Prior to the installation of a gas piping system to serve multiple buildings or mobile homes, a piping plan showing the proposed location and sizes of pipe shall be submitted to the gas company for approval.
(8) Additions to existing house piping and changes because of increases in demand shall conform to the provisions of these rules. Additions shall not be made to existing pipe which is smaller than that permitted by these provisions; such existing piping shall be replaced by the proper size pipe.
(1) Gas piping in buildings shall be supported with pipe hooks, metal pipe straps, or hangers suitable for the size piping, of adequate strength, and located at proper intervals so that the piping cannot sag or be moved accidentally from the installed position. Gas piping shall not be supported by other piping.
(2) The building structure shall not be weakened by the installation of any gas piping.
(3) Gas piping within a building shall be electrically continuous and grounded. Gas piping shall not be used as an electrical ground for electrical appliances or telephones.
(4) House piping within the foundation lines of a building shall not be buried nor in contact with the ground or fill under the building and shall not be installed in concrete.
(5) Gas pipe shall not be installed closer than 6 inches to any electric wire unless such wire is inside a conduit.
(6) Metallic pipe shall not be bent; approved fittings shall be used for making changes in direction. Metallic tubing and plastic pipe and tubing may be bent provided that the bend causes no buckling, wrinkling or other evidence of mechanical damage.
(7) Pipe threads which are stripped, chipped, corroded, or otherwise damaged, shall not be used.
(8) Defective pipe or fittings shall not be repaired but shall be replaced.
(9) Suitable thread sealant material shall be used for threaded joints, and shall be applied sparingly to the male threads only. No shellac or cement may be used, and caulking is strictly prohibited.
(10) Three way valves, bushings, streets ells, left hand or left and right hand threaded pipe nipples, couplings with a slip joint or packing, and pipe saddles shall not be used in house piping.
(11) Branch outlet pipes shall be taken from the top of sides of supply lines, and never from below.
(12) Customer-owned service piping shall in no instance be installed in the same ditch with sewer piping.
(13) Metallic piping in contact with the earth or other material which may corrode the piping, shall have an insulating coating, be insulated from other underground structures, and be placed under cathodic protection using galvanic anodes.
(14) Customer-owned service line piping shall be installed with a minimum cover of 12 inches. Depth shall be increased to 18 inches for connection to the company-owned service lines at street or alley property lines. The ends shall be plugged or capped to prevent the entry of foreign substances or water.
(15) Where the gas meter is to be located at the end of the customer-owned service line (normally near the building) a service riser must be installed for the inlet to the meter. A manual shut-off line valve (see Service Line Valves) must be installed in the riser not less than 4 inches above the ground and the valve must be plugged or capped.
Where the gas meter is to be located at the property line a riser must be installed on the end of house piping for the outlet of the meter. Meter loop fittings must be installed in the riser and the end plugged or capped.
(16) Meter loops shall be constructed in accordance with drawings which follow:
(17) Plastic pipe shall be installed underground on undisturbed or well compacted soil. Bed the plastic piping in sand or other suitable granular material where necessary to prevent damage to it by rocky backfill material. An electrically conductive wire shall be installed adjacent to the pipe to facilitate locating it with an electronic pipe locator.
(18) Plastic pipe shall not be extended above ground nor into or under any building or other structure.
(19) Service risers must be constructed of steel pipe with approximately 30 inches of this steel riser piping extending on the same horizontal plane as the plastic run pipe, and these risers must be protected from vehicular traffic. Risers connected to plastic pipe must be stabilized to prevent transferal of forces due to natural settling or accidental movement of the riser to the plastic pipe and must be of the type not requiring cathodic protection and complies with “Title 49, Certified Federal Register, Part 192, Code of Federal Regulations.”
F. Inspection and Testing
(1) When any gas piping has been installed, but before any part of it is concealed, it shall be inspected by the gas company to ascertain that the pipe has been installed in accordance with the provisions of these rules and that materials used are of the size and qualify prescribed. The piping shall then be subjected to an air pressure test under which not less than a 12 inch mercury column shall be maintained for 15 minutes without any drop. Plastic piping shall be subjected to an air pressure test of not less than 50 psig for 15 minutes without any drop. Customer-owned service line piping, which is to convey unmeasured gas, shall be subjected to an air pressure test of not less than 90 psig for 5 minutes without any drop.
(2) If all the piping cannot be installed before concealing part of it, inspections shall be called for as the work progresses. At each inspection, the pressure test shall be applied.
(3) When all gas cocks are in place and appliances installed, a final inspection shall be made.
(4) Plumbers should always inspect their work and be certain that it has been installed properly and is free of leaks before calling for an inspection. If re-inspection is required because of unsatisfactory work or material, a charge may be made for additional trips required.
(5) Any additional piping or outlets installed later must be reported for inspection and test.
(6) Water shall not be used in testing gas piping for leaks.
G. General Guidelines for Installing Service Lines
(1) Plastic Pipe - Marked ASTM 2513 (for gas use only)..
(2) Ferrous Pipe - Black metal mill-wrapped pipe under cathodic protection.
(3) Meter Risers - Pre-bent factory coated steel pipe or use cathodic protection.
(4) Tracer Wire - Should be placed in ditch with all plastic pipe.
(5) Inspection - Verify 90# pressure test (5 min.) plus correct installation of approved material.
(6) Depth - Service line piping must have a minimum cover of 18 inches in streets and roads and 12 inches in private property.
(7) Above Ground - All service line and house piping must be with black metal pipe.
Plastic pipe cannot be run above ground, under or in houses.
(8) Galvanized pipe is not approved for gas use.
(9) All connections for plastic pipe shall be by means of an approved compression coupling. (Fusion or Dresser Coupling w/stiffener.)
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ART. II - APPLIANCES REGULATIONS
A. General Regulations
(1) Approved Appliances - All domestic ranges, water heaters, floor furnaces, unit heaters, central heating appliances should bear the seal of approval of the American Gas Association for use with natural gas.
(2) Clearances - All gas appliances, domestic or commercial, and venting material must be installed with minimum clearance from combustible materials as specified by the American Gas Association. Gas appliances shall be located a safe distance from combustible furnishings, such as curtains, drapes, etc., so that continued or intermittent operation will not create a hazard to persons or property.
(3) Gas Cocks - All gas consuming appliances shall be provided with a lever-handled, tee-handled, or flat heat gas cock located in the riser between the floor and the union at the appliance. It is recommended that a safety gas cock be used wherever possible.
(4) Appliance Connectors - Gas connectors to all appliances shall be made by using rigid iron pipe size connections, semi-rigid approved copper tubing connectors or AGA approved flexible brass tubing connectors. No part of such connectors shall be concealed or extend through any wall, floor or partition. A listed accessible appliance connector valve not less in bore than the nominal size of the connector shall be installed at the gas supply outlet immediately ahead of the connector.
(5) Appliance Adjustment and Operation - Every appliance turned on shall be properly adjusted when gas service is inaugurated.
(6) Appliance Location - All gas appliances shall be located so that they are readily accessible for operation and servicing. No water heater or central heating furnace which depends on the combustion of fuel shall be installed in any room used or designed to be used for sleeping purposes, bathroom, clothes closet or in any closet or other confined space opening into any bath or bedroom in a private residence.
(7) Venting Appliance Regulator - Appliance regulators which are not equipped with an approved leak limiting device shall be vented to a constant burning pilot or to the outside atmosphere.
(8) Use of Air or Oxygen Under Pressure - Where air or oxygen under pressure is used by the consumer in connection with the gas supply, effective means shall be provided to prevent air or oxygen from passing back into the gas piping. No blower or compressor shall be installed with the suction side connection to the gas supply without providing suitable means for preventing the lowering of the gas supply pressure below a normal operating level.
(9) Flammable Vapors - Gas appliances shall not be installed in any location where flammable vapors are likely to be present, unless the design, operation and installation are such as to eliminate the possible ignition of the flammable vapors.
(10) Manufacturer’s Installation Instructions - All appliances must be installed in accordance with the manufacturer’s instructions.
(11) Electrical Connections - All electrical connections between gas appliances and the building wiring shall conform to the latest approved edition of the National Electrical Code.
B. Ventilation of Appliances
(1) Appliance Location - Appliances shall be installed in a location in which the facilities for ventilation permit satisfactory combustion of gas, proper venting, and the maintenance of ambient temperature at safe limits under normal conditions of use.
(2) Combustion Air - Appliances installed in closets or confined spaces shall be provided with adequate combustion and ventilating air. When the closet or confined space has a ventilated attic above and a ventilated crawl space below, combustion and ventilation air may be provided by an opening in the ceiling and another opening in the floor; each opening to have a free air area of 1 square inch for each 1,000 BTU input of the appliance. In closets or confined space with concrete slab floor construction, but with a ventilated attic above the ceiling, air for combustion and ventilation may be provided by eliminating the ceiling above the closet or confined space.
If appliances are installed in locations where combustion and ventilation air cannot be provided as listed above, then other means must be provided, such as the use of metal duct pipes for bringing in sufficient air from the outdoors. The ducts supplying combustion and ventilation air to a vented appliance shall have a cross sectional area not less than two times the cross sectional area of the appliance vent.
(3) Forced-Air Central Heating Plants - Return-air connections in the furnace room, or directly above or below the furnace room shall be so made as to preclude any possibility of air being drawn from the furnace room into the return-air duct by action of the furnace fan.
(4) Special Condition - Operation of exhaust fans, kitchen ventilation systems, or fireplaces may create conditions requiring special attention to avoid unsatisfactory appliance operation. Suitable provision must be made to insure that no vent down-draft condition will be caused by the operation of an exhaust fan, kitchen ventilation system, or fireplace.
C. Venting of Appliances
(1) Vents to Gas Fired Appliances - All appliances constructed and approved as vented equipment, including but not confined to all water heaters, floor furnaces, vented circulators, vented gas steam radiators, vented wall heaters and furnaces, unit heaters, all types of larger heating equipment, and all gas fired air conditioners, shall be properly vented in accordance with approved American Gas Association Standards. Any heating appliance installed in any public school classroom, assembly hall, hotel, tourist court, or any similar establishment, shall be properly vented.
(2) Types of Vents and Approved Materials - Type A flue or vent is a flue or vent of masonry or reinforced concrete, or a metal smokestack. Type B gas flue or vent is vent piping of noncombustible, corrosion resistant material of heat insulating quality, to avoid excess temperature on adjacent combustible material and certified by a nationally recognized testing agency, such as Underwriters Laboratory. Type B-W gas flue or vent is a Type B vent listed to insure a safe and satisfactory installation in four-inch wood wall construction. Type C gas flue or vent is flue or vent piping of sheet copper of not less than the equivalent of No. 24 U. S. Standard gauge, or of galvanized iron of not less than No. 20 U. S. Standard gauge, or of other approved corrosion resistant material.
(3) Type A Flues or Vents - Type A flues or vents shall be employed for venting all incinerators, all appliances which may be converted to the use of solid or liquid fuels, all boilers and warm air furnaces, except where such appliances are approved for the use of Type B gas flues or vents.
(4) Type B Flues or Vents - Type B gas flues or vents shall be used only with appliances approved by American Gas Association which produce flue gas temperatures not in excess of 555 degrees Fahrenheit at the outlet of the draft hood when burning gas at the manufacturer’s normal input rating and not specifically required to be vented to Type A flues or vents. Type B vent material is not suitable for use with coil type water heaters.
(5) Type C Gas Flues or Vents - Type C flues or vents shall be used only for runs directly from the space in which the appliance is located through the roof or exterior wall to the outer air. Such flues or vents shall not be installed in any attic or concealed space, nor through any floor. Installation with reference to clearance to combustible construction and passage through wall or roof shall comply with American Gas Association Specifications. (See Table II.)
(6) Vent Sizes - The size of the vent from any appliance shall not be small at any point than the vent collar of the appliance to which the vent is connected. Where more than one gas appliance is connected to a common flue or vent, the area of the vent after the junction shall be not less than the area of the largest vent, plus fifty percent (50%) of the combined area of the other vent or vents. In connecting to Type A vent, the connections should be made at different levels.
(7) Draft Hoods - Every vented appliance, except incinerators, dual oven type combination ranges, and units designed for power burners or for forced venting, shall have a draft hood.
(8) Thimbles - Flue or vent connectors, other than Type B, shall not pass through any combustible walls or partitions unless they are guarded at the point of passage by ventilated thimbles. A protective flange or vent pipe collar may be used if placed on each surface where approved Type B vent passes through wall, ceiling or floor provided recommended clearances to combustible material are maintained. (See Table II.)
(9) Combination Venting - Gas appliances must not be vented into a flue, or stack to which appliances burning other fuels are connected, unless such gas appliances are equipped with safety pilots. No gas appliances vented by natural draft shall be connected into a vent, flue, chimney, or flue or vent connector on the discharge side of a mechanical flue exhaust.
(10) Vertical Stack - The vertical stack to the outside shall extend through the roof jack and to a height of not less than two (2) feet above the highest part of the roof or other obstruction within a horizontal distance of fifteen (15) feet. Vertical stack shall be terminated above the roof with an approved wind proof vent cap.
(11) Horizontal Runs - No horizontal run or vent shall be more than fifty percent (50%) of the height of the vertical stack. Horizontal runs shall have a continuous rise of at least one-half (1/2) inch per foot [One inch (1”) riser per foot is desirable].
(12) Concealed Vents - Concealed vents, and vents exposed to low temperatures, shall always be Type A or B material. This includes, but is not confined to, stacks through, and crossovers in, an attic.
(13) Vent Fittings - Use of 90º elbows is not permissible in attic crossovers and should be avoided, if at all possible, in all other cases. (Use 45º elbow.) Use of common tees is not acceptable; Y’s, air-flow tees, or laterial siamese should be used for junctions.
MINIMUM DISTANCE FROM COMBUSTIBLE CONSTRUCTION
(Except as otherwise specified in the listing of
a nationally recognized testing agency)
Appliance Draft Hood Metal Flue or Flue or
Vent Connectors Vent Connectors
(Type C) (Type B.)
Boiler 6 inches 6 inches 1 inch
Warm Air Furnace 6 inches 6 inches 1 inch
Water Heater 6 inches 6 inches 1 inch
Room Heater 2 inches 6 inches 1 inch
Floor Furnace 9 inches 9 inches 3 inches*
Incinerator Not Permitted 18 inches Not Permitted
*3 inches for a distance of not less than three feet from outlet of the
draft hood. Beyond three feet the minimum clearance is one inch.
(1) These rules and regulations are intended to protect the public by assuring the safe and satisfactory utilization of gas. The firm or person making the installation shall be responsible for complying with the foregoing appliance installation rules. The customer shall be responsible for maintaining his gas appliances in a safe operating condition.
(2) If, upon inaugurating gas service to a premises, the serviceman observes a gas appliance which is not installed in accordance with company rules, service to the premises may be inaugurated only if:
(a) The unsatisfactory condition is called to the attention of an adult member of the household and the member is advised that the appliance should not be used until a proper condition for use has been effected;
(b) The appliance is left out of service;
(c) Notation is made on the work order that the application was left out of service; and
(d) The signature of an adult member of the household is obtained on the work order.
(Ordinance No. 83-12 of October 11, 1983)
SEC. 4: PLUMBING CODE
A. Uniform Plumbing Code Adopted
There is hereby adopted, for the purpose of prescribing regulations governing installation, alteration, repair, and replacement of plumbing, piping, fittings, fixtures, and equipment which may be connected to any water and sewer system in the City, that certain code, recommended by the International Association of Plumbing and Mechanical Officials and endorsed by the International Conference of Building Officials, known as the Uniform Plumbing Code, being particularly the 1982 Edition thereof, and the whole thereof, including all appendices thereto, save and except such portions as are hereinafter deleted, modified, or amended. One (1) copy of said code is on file in the office of City Manager and the same is hereby adopted and incorporated as fully as if set out at length herein.
B. Conflict with Code of Ordinances
In the event of a conflict between the provisions of the plumbing code adopted by reference in subsection (A) above and any provision of the City Code of Ordinances, the provisions of the Code of Ordinances shall prevail.
C. Amendments to Uniform Plumbing Code
The sections and provisions of the 1982 Uniform Plumbing Code that are changed, added, or deleted are as follows:
(1) Sec. 20.1 Administrative Authority
The administrative authority for enforcing the provisions of this code shall be the City Plumbing Inspector who shall be appointed by the City Commission. The Plumbing Inspector shall not have any interest whatever, directly or indirectly, in the sale or manufacturing of any material, process, or device entering into, or used in connection with, plumbing work within the City of Electra.
(2) Sec. 20.3 Violation and Penalties
Any person, firm or corporation violating any provisions of this code shall be deemed guilty of a misdemeanor. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which it authorized is lawful.
The issuance or granting of a permit or approval of plans shall not prevent the administrative authority from hereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this code or any provision of any other ordinance or from revoking any certificate of approval when issued in error.
Every permit issued by the administrative authority under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred twenty (120) days from date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty (120) days. Before such work can be recommenced, a new permit shall be first obtained to do so.
(3) Sec. 20.14 Appeals
Any person aggrieved by an interpretation of the plumbing code adopted by reference within this section, or by any decision or ruling of the city’s designated Plumbing Inspector, shall have the right to make an appeal to the City Commission asking for a hearing by the Commission, and the action of the City Commission thereon shall be final. Prior to rendering a decision on any appeal, the City Commission may seek expert advice and counsel.
(4) Chapter Twelve (12) of the Uniform Plumbing Code shall be deleted in its entirety and in its place and stead the City of Electra which is hereby advising the gas and pipeline regulations be adopted and promulgated by Lone Star Gas Company.
D. All Plumbers to Register with City
All plumbers working for hire shall register with the City Manager of the City of Electra, Texas, giving their home address, office or business address, and their telephone number. They shall also file with the City Manager a brief resume of their experience in plumbing or pipe fitting.
E. All Plumbers to be Bonded or Insured
All plumbers practicing their trade in the Incorporated City of Electra shall be bonded or carry liability insurance covering their activities at least in the sum of five thousand dollars ($5,000.00).
F. Use of PVC Pipe Restricted
No PVC pipe shall be used on pressure water lines under pier and beam houses. PVC may be used in discharge lines and may be used for yard lines covering the space between the city meter and the point in which it enters a pier and beam house.
G. Only Copper Lines Allowed in Slab Foundations
Only Type K copper lines in all slab foundation houses.
(Ordinance No. 83-11 of September 27, 1983)
H. Only Copper Lines Allowed Under Pier and Beam Buildings
Only Type “L” or “K” copper lines shall be used in pressure water lines under pier and beam buildings and the use of lead solder is hereby prohibited.
(Ordinance No. 93-7 of June 22, 1993)
I. Inspections and Fees
All plumbing work done on new houses or buildings constructed before occupancy must be inspected by the City Plumbing Inspector for which a fee of twenty dollars ($20.00) shall be paid.
(Ordinance No. 83011 of September 27, 1983)
J. Faulty or Dangerous Plumbing Prohibited
(1) All plumbing installations, regardless of type, which are unsanitary or which constitutes a hazard to human life, health, or welfare, or which admit storm or groundwater to the sanitary sewer, are hereby declared illegal, and shall be abated by repair and rehabilitation, or by demolition or by replacement. Any plumbing systems on vacant lots or lots with abandoned buildings may be disconnected at the public sewer as recommended by the Plumbing Inspector.
(2) Whenever the existence of any faulty installations are brought to the attention of the Plumbing Inspector, he shall notify in writing, by mail, the property owner and all other persons having an interest in a plumbing installation which is illegal as defined in paragraph (1). The notification shall state that the owner must repair and rehabilitate, demolish or repair such faulty installations. The notice shall state that the owner shall be given such reasonable time, not exceeding thirty (30) days, as may be necessary to do or have done the work or act required by the notice provided for herein.
(Ordinance No. 84-6 of April 24, 1984)
(3) If the illegal plumbing installation has not been abated after the thirty (30) days have elapsed, the Plumbing Inspector may cause water service to the property containing the illegal plumbing installation to be discontinued. Additionally, the failure to correct and repair said illegal plumbing installation shall be a misdemeanor as a public nuisance. The owner of any such property violating the terms of this Section shall be fined not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00) and each day the violation continues shall constitute a separate offense.
(Ordinance No. 89-3 of May 23, 1989)
SEC. 5: ELECTRIC CODE
A. National Electrical Code Adopted
The 1984 Edition, and all subsequent revisions, standards or supplements thereto, of the National Electrical Code by the National Fire Protection Association, is hereby adopted by reference and made part of this section as the general standard for electrical equipment and installations in the City, except such provisions thereof as may be in conflict with this section or other ordinances of the City. All electrical equipment installed or used in the City and all installations of electrical equipment shall be reasonably safe to persons and property in conformity with the standards provided in the National Electrical Code, 1984 Edition, and with the provision of this section and applicable state statutes and any rules and regulations issued by authority thereof. A copy of the National Electrical Code referred to herein is on file in the office of the City Manager for reference and inspection.
B. Scope of Provisions
The provisions of this section shall apply to all installations of electrical conductors, fittings, devices, signs, fixtures, motors, generators, starters, controls, and raceways, hereinafter referred to as “electrical equipment,” within or on public and private buildings and premises within the City.
C. Liability of City
This section shall not be construed to affect the responsibility or liability of any party owning, operating, controlling, or installing any electrical equipment for damages to persons or property which were caused by any defect in such equipment or in the installation thereof, nor shall the City be held as assuming any liability by reason of the inspection, failure to inspect, or re-inspection authorized herein or the certificates of conformance or non-conformance issued as herein provided, or by reason of the approval or disapproval of any equipment authorized herein.
D. Electrical Inspector
(1) Office of Electrical Inspector Created
The office of Electrical Inspector of the City of Electra is hereby created. Such Electrical Inspector shall be competent to perform the duties of this office and shall be appointed by the City Manager and shall receive such compensation as fixed by the City Commission.
(2) Duties of the Electrical Inspector
It shall be the duty of the Electrical Inspector to see that all provisions of this Section are fully complied with, and make inspections of electrical installations. The Electrical Inspector shall keep complete records of all permits issued, inspections made, and any other official work performed. It shall be the duty of the Electrical Inspector to inspect all electrical wiring and apparatus in the City of Electra at any time in order to ascertain whether such electrical wiring or apparatus is in any respect dangerous to life or property; and, if any part of said electrical wiring or apparatus shall be found to be defective or in dangerous condition, he shall notify in writing the owner of such wiring or equipment to have the defect corrected within a reasonable time. It shall be the duty of the Electrical Inspector to notify the service company, firm, or individual furnishing electric current to such defective wiring or equipment to cease to supply electricity to same. Upon receipt of such notice, the service company, firm, or individual furnishing electric current to such defective wiring or equipment shall immediately disconnect the service or feed wires and cease to supply current to the defective installation until the defects have been corrected.
E. Electrical Permits
(1) Permits Required; Exceptions
No individual, firm or corporation shall erect, construct, alter or change any electrical installation, machinery, apparatus work, or wiring in the City of Electra until a permit has been issued by the City. When required by the Electrical Inspector, plans and specifications for the proposed work must be filed before the permit is granted.
No permit will be required for the following:
(a) Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this Code.
(b) Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type, and rating in the same location.
(c) Temporary decorative lighting.
(d) Repair or replacement of current-carrying parts of any switch, contractor or control device.
(e) Reinstallation of attachment plug receptacles, but not the outlets therefor.
(f) Repair or replacement of any overcurrent device of the required capacity in the same location.
(g) Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.
(h) Taping joints.
(i) Removal of electrical wiring.
(j) Temporary wiring for experimental purposes in suitable experimental laboratories.
(Ordinance No. 83-10 of October 25, 1983)
(k) Remodeling done on the electrical system of an existing house in which the cost of additional electrical work involved will be five hundred dollars ($500.00) or less and said work being done within a six (6) month period.
(l) If the work being done is of an emergency nature necessary to protect life and property. As soon as the emergency work has been completed, if any additional work is done a permit should be applied for in accordance with this Section.
(Ordinance No. 84-3 of February 14, 1984)
(m) Low-energy power, control and signal circuits of Classes II and III as defined in this Code.
(n) The installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligency by a public or private utility in the exercise of its function as a serving utility.
Exemption from the permit requirements shall not be deemed to grant authorization for any work to be done in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction.
(2) Application for Permit
Application for the permit required by the provisions of this Section, describing the work to be done, shall be made in writing to the City Manager. When required by such plans, specifications, and schedules as may be necessary to determine whether the installation as described will be in conformity with the requirements of this Section.
(3) Issuance of Permit
If it shall be found that the installation of the electrical work as described in the application for the permit shall conform with all provisions of this Section, and if the electrician agrees to comply with all provisions of this Section, the permit for such electrical work shall be issued by the City Manager.
(4) Permit Fee
There shall be a fee of eighty dollars ($80.00) charged for issuance of any permit for any inspection required in this Section.
F. Registration of Electricians
(1) Registration Required
No individual, firm or corporation shall erect, construct, alter, or change any electrical installation, work, wiring or setting of electrical machinery or equipment until such individual, firm, or corporation has registered with the City and obtained a registration license thereof. No electrical permit will be issued unless such person performing such work has first registered with the City of Electra and paid an annual license fee of ten dollars ($10.00). Such registration license shall expire on the thirty-first (31st) day of December next following issuance thereof.
(2) Application for Registration Licenses
Any individual, firm or corporation desiring a registration license shall make application to the City Manager. Such application shall contain the person’s name, address, telephone, and any other information that might seem pertinent or necessary. Any changes in address shall be immediately filed with the City Manager. Where the holder of a registration license changes the firm name or where additional members are taken into the firm, or where the firm is incorporated, a notice of such change shall be forwarded to the City Manager, otherwise such registration license is liable to be revoked because of its questionable ownership.
(3) Registration License is not Transferable
It shall be unlawful for any individual, firm, or corporation holding a registration license issued by the City to transfer same or to allow the use of same, directly or indirectly, by any other person for the purpose of obtaining a permit to do any electrical work herein specified.
Any failure on the part of the holder of such registration license to comply with the provisions of any subsection hereof or any other applicable ordinance of the City regulating electrical work or to faithfully carry out the conditions of a contract for electrical work, shall be deemed sufficient cause for revoking said registration license together with all rights and privileges thereunder. The City may also refuse to issue a registration license to any person associated with such previous holder of a revoked registration license.
G. Aluminum Wire Prohibited
No aluminum wire shall be used in any mode or application in any electrical system or installation in the City.
H. Knob and Tube Wiring Prohibited
Knob and tube wiring shall not be permitted when installing or repairing electrical installations.
I. When Wires May be Ordered Disconnected
Every company, firm, co-partnerships, corporation, or individual owning or controlling electrical wires and apparatus for the transmission of light, heat, or power shall in time of fire or in case of severe climatic conditions, or any other emergency wherein lives or property of the citizens of the City of Electra may be endangered by the operation of such wires and apparatus, upon notice by the Electrical Inspector, the Mayor, or the Chief of the Fire Department or Chief of Police, disconnect such dangerous wires from current or service as are designated by the Electrical Inspector.
J. Places Where EMT Required
All electrical wiring hereafter installed in or on all metal buildings, public buildings with a seating capacity of one hundred (100) or more, churches, and schools located within the city limits of the City of Electra shall be installed in EMT.
Any persons aggrieved by any interpretation of the electrical code adopted by reference within this Section, or by any decision or ruling by the City’s designated inspector, shall have the right to make an appeal to the City Commission. Such appeal shall be perfected by written notice submitted to the City Manager and addressed to the Mayor and City Commission asking for a hearing by the Commission, and the action of the City Commission thereon shall be final. Prior to rendering a decision on any appeal, the City Commission shall seek expert advice and counsel.
(Ordinance No. 83-10 of October 25, 1983)
SEC. 6: FLOOD DAMAGE PREVENTION REGULATIONS
A. STATUTORY AUTHORIZATION
The Legislature of the State of Texas has in the Flood Control Insurance Act, Texas Water Code, Section 16.315 (listed in full in the definitions, Subsection E), delegated the responsibility of local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City of Electra, Texas, does ordain as follows:
B. FINDINGS OF FACT
(1) The flood hazard areas of Electra, Texas, are subject to periodic inundation, which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.
(2) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.
C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and
(7) Insure that potential buyers are notified that property is in a flood area.
D. METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes, this ordinance uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction;
(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters;
(4) Control filling, grading, dredging and other development, which may increase flood damage;
(5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands.
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application.
ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.
APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.
APPURTENANT STRUCTURE – means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure
AREA OF FUTURE CONDITIONS FLOOD HAZARD – means the land area that would be inundated by the 1-percent-annual chance (100 year) flood based on future conditions hydrology.
AREA OF SHALLOW FLOODING - means a designated AO, AH, AR/AO, AR/AH, or VO zone (flood zone definitions listed under “Flood Zones”) on a community's Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed rate-making has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE or V. (flood zone definitions listed under “Flood Zones”)
BASE FLOOD - means the flood having a 1 percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE) – The elevation shown on the Flood Insurance Rate Map (FIRM) and found in the accompanying Flood Insurance Study (FIS) for Zones A, AE, AH, A1-A30, AR, V1-V30, or VE (flood zone definitions listed under “Flood Zones”) that indicates the water surface elevation resulting from the flood that has a 1% chance of equaling or exceeding that level in any given year - also called the Base Flood.
BASEMENT - means any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL – means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.
DEVELOPMENT - means any man-made change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
ELEVATED BUILDING – means, for insurance purposes, a non-basement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs (Flood Insurance Rate Map) effective before that date. "Existing construction" may also be referred to as "existing structures."
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
FLOOD INSURANCE RATE MAP (FIRM) - Official map of a community on which the Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community
FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) the overflow of inland or tidal waters.
(2) the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD ELEVATION STUDY – means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.
FLOOD HAZARD BOUNDARY MAP (FHBM) - means an official map of a community, issued by the Administrator, where the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having special hazards have been designated as Zones A, M, and/or E. (flood zone definitions listed under “Flood Zones”)
FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the special flood hazard areas and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) – see Flood Elevation Study
FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding).
FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.
FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the area within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards.
FLOOD PROOFING - means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY – see Regulatory Floodway
FLOODZONES - Flood zones are geographic areas that the FEMA has defined according to varying levels of flood risk. These zones are depicted on a community's Flood Insurance Rate Map (FIRM) or Flood Hazard Boundary Map. Each zone reflects the severity or type of flooding in the area.
Moderate to Low Risk Areas
In communities that participate in the NFIP, flood insurance is available to all property owners and renters in these zones:
High Risk Areas
In communities that participate in the NFIP, mandatory flood insurance purchase requirements apply to all of these zones:
High Risk - Coastal Areas
In communities that participate in the NFIP, mandatory flood insurance purchase requirements apply to all of these zones:
Undetermined Risk Areas
FUNCTIONALLY DEPENDENT USE - means a use, which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE - means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
(4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either:
(a) By an approved state program as determined by the Secretary of the Interior or;
(b) Directly by the Secretary of the Interior in states without approved programs.
LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.
LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.
LOWEST FLOOR - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. (available at the following US Government website location, http://www.access.gpo.gov/nara/cfr/waisidx_06/44cfr60_06.html )
MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
RECREATIONAL VEHICLE - means a vehicle which is (i) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self-propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
RIVERINE – means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
SPECIAL FLOOD HAZARD AREA – see Area of Special Flood Hazard
START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE – means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."
TEXAS WATER CODE - § 16.315. POLITICAL SUBDIVISIONS; COMPLIANCE WITH
FEDERAL REQUIREMENTS. All political subdivisions are hereby
authorized to take all necessary and reasonable actions to comply
with the requirements and criteria of the National Flood Insurance
Program, including but not limited to:
(1) making appropriate land use adjustments to constrict the development of land which is exposed to flood damage and minimize damage caused by flood losses;
(2) guiding the development of proposed future construction, where practicable, away from a location which is threatened by flood hazards;
(3) assisting in minimizing damage caused by floods;
(4) authorizing and engaging in continuing studies of flood hazards in order to facilitate a constant reappraisal of the flood insurance program and its effect on land use requirements;
(5) engaging in floodplain management and adopting and enforcing permanent land use and control measures consistent with the criteria established under the National Flood Insurance Act;
(6) declaring property, when such is the case, to be in violation of local laws, regulations, or ordinances which are intended to discourage or otherwise restrict land development or occupancy in flood-prone areas and notifying the director, or whomever the director designates, of such property;
(7) consulting with, giving information to, and entering into agreements with the Federal Emergency Management Agency for the purpose of:
(A) identifying and publishing information with respect to all flood areas, including coastal areas; and
(B) establishing flood-risk zones in all such areas and making estimates with respect to the rates of probable flood-caused loss for the various flood-risk zones for each of these areas;
(8) cooperating with the director's studies and investigations with respect to the adequacy of local measures in flood-prone areas as to land management and use, flood control, flood zoning, and flood damage prevention;
(9) taking steps, using regional, watershed, and multi-objective approaches, to improve the long-range management and use of flood-prone areas;
(10) purchasing, leasing, and receiving property from the director when such property is owned by the federal government and lies within the boundaries of the political subdivision pursuant to agreements with the Federal Emergency Management Agency or other appropriate legal representative of the United States Government;
(11) requesting aid pursuant to the entire authorization from the commission;
(12) satisfying criteria adopted and promulgated by the commission pursuant to the National Flood Insurance Program;
(13) adopting permanent land use and control measures with enforcement provisions which are consistent with the criteria for land management and use adopted by the director;
(14) adopting more comprehensive floodplain management rules that the political subdivision determines are necessary for planning and appropriate to protect public health and safety;
(15) participating in floodplain management and mitigation initiatives such as the National Flood Insurance Program's Community Rating System, Project Impact, or other initiatives developed by federal, state, or local government; and
(16) collecting reasonable fees to cover the cost of administering a local floodplain management program.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, § 1, eff.
Sept. 1, 1977; Acts 1985, 69th Leg., ch. 795, § 1.051, eff.
Sept. 1, 1985; Acts 2001, 77th Leg., ch. 258, § 2, eff. Sept. 1,
VARIANCE – means a grant of relief by a community from the terms of a floodplain management regulation. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.
VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) of the National Flood Insurance Program regulations is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION - means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
F. GENERAL PROVISIONS
1. LANDS TO WHICH THIS ORDINANCE APPLIES
The ordinance shall apply to all areas of special flood hazard within the jurisdiction of Electra, Texas.
2. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Emergency Management Agency in the current scientific and engineering report entitled, “The Flood Insurance Study (FIS) for Wichita County, Texas, and Incorporated Areas," dated February 3, 2010, with accompanying Flood Insurance Rate Maps dated February 3, 2010, and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance.
3. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Floodplain Development Permit shall be required to ensure conformance with the provisions of this ordinance.
No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations.
5. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
In the interpretation and application of this ordinance, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes.
7. WARNING AND DISCLAIMER OR LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.
1. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR
The City Administrator or designee is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (Emergency Management and Assistance - National Flood Insurance Program Regulations, pertaining to floodplain management.
2. DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following:
(1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance.
(2) Review permit application to determine whether to ensure that the proposed building site project, including the placement of manufactured homes, will be reasonably safe from flooding.
(3) Review, approve or deny all applications for development permits required by adoption of this ordinance.
(4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
(5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is the Texas Water Development Board (TWDB) and also the Texas Commission on Environmental Quality (TCEQ), prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency.
(7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance with Section 6, Subsection F(2), the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Subsection H.
3. PERMIT PROCEDURES
(1) Application for a Floodplain Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required:
(a) Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures;
(b) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;
(c) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the flood proofing criteria of Subsection H, (2.B);
(d) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development.
(e) Maintain a record of all such information in accordance with Subsection G, B(2).
(2) Approval or denial of a Floodplain Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors:
(a) The danger to life and property due to flooding or erosion damage;
(b) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(c) The danger that materials may be swept onto other lands to the injury of others;
(d) The compatibility of the proposed use with existing and anticipated development;
(e) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(f) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;
(g) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;
(h) The necessity to the facility of a waterfront location, where applicable;
(i) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use.
4. VARIANCE PROCEDURES
(1) The City Commission, as established by the community, shall hear and render judgment on requests for variances from the requirements of this ordinance.
(2) The City Commission shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance.
(3) Any person or persons aggrieved by the decision of the City Commission may appeal such decision in the courts of competent jurisdiction.
(4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.
(5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance.
(6) Variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Subsection C (2) of this ordinance have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(7) Upon consideration of the factors noted above and the intent of this ordinance, the City Commission may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Subsection C).
(8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
(9) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(10) Prerequisites for granting variances:
(a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(b) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(c) Any application to which a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
(11) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Subsection G(4(1)-(9)) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
H. PROVISIONS FOR FLOOD HAZARD REDUCTION
1. GENERAL STANDARDS
In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements:
(a) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(b) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;
(c) All new construction or substantial improvements shall be constructed with materials resistant to flood damage;
(d) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(e) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
(f) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and,
(g) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
2. SPECIFIC STANDARDS
In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Subsection F(2), (ii) Subsection G, 2(8), or (iii) Subsection H (3.c), the following provisions are required:
(a) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to two (2) feet above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Subsection G (3(1a), is satisfied.
(b) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to two (2) feet above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator.
(c) Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria:
(1) A minimum of two openings on separate walls having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher than 1 foot above grade.
(3) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(d) Manufactured Homes -
(1) Require that all manufactured homes to be placed within Zone A on a community's FIRM shall be installed using methods and practices that minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
(2) Require that manufactured homes that are placed or substantially improved within Zones A1-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to two (2) feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
(3) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones A1-30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either:
(i) the lowest floor of the manufactured home is at two (2) feet above the base flood elevation, or
(ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.
3. STANDARDS FOR SUBDIVISION PROPOSALS
(a) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Subsections B, C, and D of this ordinance.
(b) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Floodplain Development Permit requirements of Subsection F(3); Subsection G(3); and the provisions of Subsection H of this ordinance.
(c) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Subsection F(2), or Subsection G(2.8)of this ordinance.
(d) Base flood elevation data shall be generated by a detailed engineering study for all Zone A areas, within 100 feet of the contour lines of Zone A areas, and other streams not mapped by FEMA, as indicated on the community’s FIRM.
(e) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.
(f) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage.
If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance.
5. PENALTIES FOR NON COMPLIANCE
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this court order and other applicable regulations. Violation of the provisions of this court order by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this court order or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 for each violation, and in addition shall pay all costs and expenses involved in the case. Each day a violation occurs is a separate offense. Nothing herein contained shall prevent City from taking such other lawful action as is necessary to prevent or remedy any violation.
(Ordinance No. 2009-04; 12/8/09)
SEC. 7: HOUSE MOVING AND WRECKING
A. Permit Required for Moving Houses
It shall hereafter be unlawful for any person, firm or corporation to move or cause to be moved a house or building from one location to another within the City of Electra or to move a house or building from without the City to a location within the City, or to move a house or building within the City to a point outside the City, without first securing a permit therefore as hereafter provided.
B. Permit Required for Wrecking Houses
It shall hereafter be unlawful for any person, firm, or corporation to wreck or dismantle any house or building, the value of which exceeds $25.00 within the City of Electra without securing a permit therefore as hereafter provided.
C. Deposit Required; Bonding in Lieu of Deposit
(1) Any person, firm or corporation desiring to move a house or building as provided in subsection A of this Section shall deposit with the City Secretary of the City of Electra the sum of $100.00 upon condition and with the express agreement that the City is to retain said money for a period of sixty days after the house or building reaches its new location. If, within said time, it shall appear to the City Commission of the City of Electra that any damage has been done to the streets, or any wires, or any trees, or any other private property, in the opinion of said City Commission, then the City Commission shall, by resolution, assess the amount of such damage, after viewing the alleged property injured, either in favor of the City of Electra or the owner of the property in front of which the trees or other injured property may be situated or the owner of any private property alleged to have been injured; and the finding of said City Commission shall be final. The deposit of the money above referred to with the City Manager shall be held to be an express agreement to the terms and provisions of this Section. Should the City Manager, upon compliance with this Section by any person, firm or corporation, decline to issue such permit, an appeal may be had to the governing body of the City of Electra which may, if it deems proper, by resolution authorize such use of the street, avenue or alley.
(2) In lieu of the deposit herein required, those regularly engaged in house moving may file a surety bond or other bond as may be approved by the governing body of the City of Electra, in the amount of five hundred dollars ($500.00) and such bond shall inure to the benefit of any person or persons damaged, as well as to the City of Electra. It shall be conditioned that the principal will pay to the City of Electra or any other person or persons damaged thereby, all such damages as may accrue to it or them by reason of moving such house or houses along the streets permitted.
D. Permit Fee
(1) The City Manager of the City of Electra will issue the permit required in subsection A upon the payment of one dollar ($1.00) for a permit to move a house of more than two (2) rooms and a fee of fifty cents ($0.50) for the moving of a house of two (2) rooms or less.
(2) The permit required in subsection B will be issued by the City Manager of the City of Electra without charge.
E. Penalty for Violation
Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not to exceed five hundred dollars ($500.00).
(Ordinance of August 14, 1944; Ordinance No. 2000-04 of May 23, 2000)
SEC. 8: HOUSE NUMBERING
A. House Number Required
(1) That all owners of houses in the City of Electra are required to place or have placed thereon the proper street number in some conspicuous place so that the same can be plainly seen from the street.
(2) Where the owner is a non-resident of the City of Electra, the duty prescribed in the foregoing paragraph, and other duties of this Section, shall devolve on the occupant of such house.
(Ordinance of August 11, 1921)
B. Composition and Placement of House Numbers
Said numbers shall be large enough and of such material and placed in a conspicuous place on the house or other permanent structure so that said numbers can be easily read from the street.
(Ordinance No. 90-08 of August 28, 1990)
C. City to Assign Street Number
(1) It shall be the duty of the City Manager, City Engineer, or Mayor, upon application, to give the proper number for houses, but occupant must state street, lot and block upon which house is situated.
(2) The rule by which the proper number is affixed shall be as follows:
All odd numbers shall be on the North side and even numbers on South side of all avenues running East and West. All odd numbers shall be on the West side and even numbers on the East side of streets running North and South.
Main Street at Cleveland Avenue, extending to the corporate limits North and South shall be used as the base of beginning for all avenues, and Cleveland Avenue at Main Street shall be used as the base of beginning for all streets running North and South
In connection with above rule for numbering houses the streets and avenues of the City shall be known and designated as now shown by the official map or plat of the City, except that avenues running from Main Street West shall be known and designated as “West ________ Avenue” and those running East from Main Street shall be known and designated “East ___________ Avenue;” all streets running North from Cleveland Avenue shall be known and designated as “North _________ Street” and those running South from Cleveland Avenue as “South _________ Street.”
D. Penalty for Violation
Any person failing to comply with any of the requirements of this Section in the manner and form as by said Section required shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any amount not exceeding $500.00, and each day thereafter that he shall continue failing to comply herewith shall be deemed a separate offense and punished as such.
(Ordinance of August 11, 1921; Ordinance No. 2000-04 of May 23, 2000)
SEC. 9: EXCAVATING DITCHES AND LAYING PIPE LINES
A. Unlawful to Excavate Ditch Across Street, Alley, or Other Public Place
It shall hereafter be unlawful for any person or persons, corporation, association or partnership to dig or construct or excavate any ditch in, over, or across any street, alley, or other public place within the city limits of the City of Electra without having first obtained the permission from the City Commission of the City of Electra in performance of their duties as such employees.
B. Unlawful to Lay Pipe Line or Main Across Street, Alley, or Other Public Place
It shall hereafter be unlawful for any person, persons, corporation, association or partnership to lay, build, or construct any pipe line or main, of whatever size, or to assist in the laying or construction of any such pipe line or main, in, on, or across any street, alley, or other public place within the corporate limits of the City of Electra. This subsection, however, shall not apply to employees of the City of Electra laying such pipe lines or mains for the City, nor to any person or corporation or other organization, or its employees, laying pipe line or mains for furnishing gas to the citizens of the City of Electra, where such person, corporation or other organization shall hereafter be granted a franchise by the City Commission of the City of Electra to furnish gas to the inhabitants of such City; nor shall this subsection apply to employees of the City laying pipe for the City. This subsection shall not apply to employees of those companies which have, during the year 1923, been granted permission to pay gas pipe lines into the City of Electra, and who have been unable to complete same.
(Ordinance of October 10, 1923)
SEC. 10: OWNERS OR TENANTS TO MAINTAIN SIDEWALKS
Within the corporate limits of the City of Electra, Texas, where there are sidewalks constructed for the use of public, it shall be the duty of the owner of the property abutting said sidewalk, or the tenant occupying the premises abutting said sidewalk in the case of commercial property, to keep said sidewalk in a good state of repair so the same shall not be a hazard to the public in using said facility.
(Ordinance adopted April 22, 1986)
SEC. 11: DOWNTOWN ELECTRA HISTORICAL DISTRICT
A. Design Review Commission
(1) Design Review Commission Created
There is hereby created a Design Review Commission consisting of seven (7) members, each of whom shall be a resident of the City of Electra, and who shall serve without pay.
(2) Appointment; Vacancies; Removal
Members of said Commission shall be appointed by the City Commission of the City of Electra. The terms of said members shall be for a period of two (2) years and thereafter until their successors are appointed and approved; however, the initial terms shall be staggered by appointing four (4) of the initial members of the commission to a term expiring December 31, 1988, and three (3) to a term expiring December 31, 1989. All vacancies shall be filled by the City Commission and shall be for the remainder of the term of the vacating member. Any member of the Design Review Commission may be removed from his office at any time by a four-fifths (4/5) majority vote of the City Commission and no reason need be given for such removal.
(3) Conflicts of Interest
When a Design Review Commission member has direct pecuniary interest in any matter before the Design Review Commission, said member shall disqualify himself while the Design Review Commission is hearing the matter.
The Design Review Commission shall elect a chairman and a vice-chairman from its membership. The chairman shall preside at all Design Review Commission meetings; the vice-chairman shall preside in the absence of the chairman.
Meetings of the Design Review Commission shall be open to the public and shall be at the call of its chairman, or at such other times as the rules of the Design Review Commission shall determine.
(6) Quorum; Action
For the purpose of transacting any business, four (4) members of the Design Review Commission shall constitute a quorum, and at least four (4) affirmative votes shall be necessary to carry any action of the Design Review Commission.
(7) Powers and Duties
(a) The Design Review Commission shall have the power to approve, conditionally approve, or disapprove applications for design review as required by this Section. Their decision shall be based solely on the applicable design criteria set forth in this Section.
(b) In addition, the members of the Design Review Commission shall thoroughly familiarize themselves with the buildings, land, and area within the City which may be eligible for designation as historic landmarks and shall recommend to the City Commission that certain buildings, land, and areas in the City be designated as historic landmarks.
Any applicant for design review approval who is dissatisfied or aggrieved by the decision of the Design Review Commission may appeal such decision to the City Commission by requesting the City Manager to place the appeal on the agenda of the next regular meeting of the City Commission which is held not less than twenty-one (21) days after the Design Review Commission decision.
Prior to the issuance of any permit concerning building repair or demolition within historical districts or landmarks that may be designated by the City Commission, the staff of the City of Electra shall ascertain that the Design Review Commission has approved or conditionally approved such building repairs or demolition.
Any failure to comply with the provisions of this Section shall cause the city staff to refuse issuance of any permit or to cancel any permit previously issued.
D. Design Review Required for Remodeling or Alterations
(1) Prior to the change of any structure’s exterior character, by remodeling or alteration, or the preparation of final architectural or engineering drawings for any structure to be constructed, reconstructed, relocated, or renovated, or prior to the demolition or removal of any structure, within a designated historical district or landmark, the developer or his representative shall submit the following to the Design Review Commission:
(a) The developer shall make application for design review on such forms to be furnished by the City Manager and to include applicant’s name, mailing address, location of property, legal description of property and such other information as deemed necessary by the City Manager and the Design Review Commission.
(b) The applicant shall submit plans sufficient to allow the Design Review Commission to determine the intended changes in the structure’s character and treatment and relationship to adjacent developments. While it is not intended that such plans necessarily be architectural renderings, the Design Review Commission may require, if in its sole opinion same is necessary, the applicant to submit plans rendering elevations of the front, sides and rear of the building, to scale, and may additionally require the applicant to submit a site plan, to scale, showing area covered by the structure, parking areas, and landscaping treatment.
(c) The applicant may submit evidence that the structure does not contribute to historical significance of a district or landmark for application for demolition permits.
(2) The Design Review Commission shall impose such conditions as it may deem necessary in order to fully carry out the provisions and intent of this Section and as more specifically outlined in subsection F below. A notation of the Design Review Commission’s action shall be forwarded to both the City of Electra and to the developer or his representative.
E. Historical District Established
(1) With regard to the power and duty of the Design Review Commission to recommend to the City Commission that certain buildings, land, and areas be designated as historic landmarks, this Section shall apply to the entire City.
(2) With regard to design review, this Section shall apply to structures located within the historical district designated as follows:
The historical district, to be known as the Downtown Electra Historical District, is hereby established to consist of the following area:
Blocks Forty-Five (45), Forty-Six (46), Sixty-Three (63), Sixty-Four (64), Sixty-Five (65), Seventy-Two (72), Seventy-Three (73), Seventy-Four (74), and Lots Thirteen (13), Fourteen (14), Fifteen (15), and the South Eighteen feet (S/18’) of Lot Sixteen (16) in Block Forty-Seven (47) of the Original Town of Electra, Wichita County, Texas.
(Ordinance No. 97-10 of August 26, 1997)
F. Design Criteria
To preserve the integrity of historical districts or landmarks that may be designated by the City Commission, the following design criteria shall be used to compare and evaluate individual structures presented for design review. The intent of these criteria is to assure the preservation of the architectural and historic character of the structures located within the historical district or landmark. The criteria provide guidelines for the restoration of existing structures and assure that new construction will blend with the existing character of the area.
(1) Design criteria used to compare and evaluate existing structures for rehabilitation within a designated historical district or landmark include the following:
(a) Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.
(b) The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
(c) All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
(d) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
(e) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.
(f) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(g) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken without consent of the Design Review Commission.
(h) Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to any project.
(i) Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
(j) Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired.
(2) Design criteria used to compare and evaluate new construction within a designated historical district or landmark include the following:
(a) Buildings should be constructed to a height within ten (10) per cent of the average height of existing adjacent buildings.
(b) The relationship between the width and height of the front elevation and the width to height of windows and doors should be consistent with other buildings within the area.
(c) Rhythm, or the ordered recurrent alteration of strong and weak elements of the masses to openings should be considered.
(d) Material should be consistent with existing structures within the area in design, color, texture, and other visual qualities.
(e) Architectural detail should be consistent with existing structures within the area. Details may include the selection of cornices, arches, quoins, balustrades, wrought iron work, chimneys or roof shape.
(f) The selection of a particular quality and quantity of landscaping should be in continuity with the surrounding area.
(3) Design criteria for general use throughout a designated historical district or landmark include the following:
(i) Graphic designs or individual letter mounted or placed directly on the face of a building are generally a preferred sign type.
(ii) Carefully designed signs on boards or plaques mounted flush with the side of the building are generally a preferred sign type.
(iii) Simplicity and restraint in the selection of materials and lighting. Wood, wrought iron, and steel are preferable to plastics and extruded aluminum. Lighting achieved by flood or projected light or exposed globes is preferred to back lighting. Signs with rotating, blinking, or other features that appear to be moving are prohibited, unless approved by the Design Review Commission.
(b) Sidewalks and Curbs - Sidewalks and curbs, constructed in an adequate, barrier free, and aesthetic manner providing an efficient and convenient system for pedestrian movement are encouraged. Street furniture for comfort and convenience and aesthetically pleasing street hardware, including pedestrian scale lighting fixtures and intensities, are encouraged.
(c) Parking and Loading - Off-street parking and loading facilities have an efficient functional relationship to the overall vehicular circulation system. The enhancement of the aesthetic quality of off-street parking and loading facilities with unobtrusive and appropriate screening and landscaping is encouraged.
G. Penalty for Violations
Any person who shall alter the exterior of any building or property within the historic district without the prior written approval of the Design Review Commission, or the City Commission of the City of Electra if the decision of the Design Review Commission is appealed, shall be deemed guilty of a misdemeanor and may be fined a sum not less than $50.00 nor more than $500.00, with each and every day during which the violated conditions may be had to be a separate and distinctive offense. Additionally, the City of Electra may seek injunctive relief to prevent any intended violations of this Section.
(Ordinance No. 87-10 of October 27, 1987)
SEC. 12: REGULATION OF MATERIALS AND CONSTRUCTION FOR
PREFABRICATED ASSEMBLIES USED FOR SINGLE FAMILY DWELLINGS
AND ESTABLISHING STANDARDS FOR SUCH DWELLINGS
This ordinance is adopted pursuant to the powers granted to the City of Electra and subject to any limitations imposed by the Constitution and laws of the State of Texas. No provision of this ordinance shall be construed as relieving any party from any other provision of state or federal law, or from any provision, ordinance, rule, or regulation of the City of Electra requiring a license, franchise, or permit to accomplish, engage in, carry on, or maintain a particular business, enterprise, occupation, transaction, or use.
The purpose of this ordinance is to provide specific standards and guidelines to regulate materials and establish methods of safe construction where any structure, or portion thereof, is wholly or partially prefabricated. This ordinance applies to single family residences.
A. Any office referred to in this ordinance by title means the person employed or appointed by the City of Electra and by title means the person employed or appointed by the City of Electra in that position or his or her duly authorized representative.
B. Definitions not expressly prescribed herein are to be construed in accordance with customary usage in municipal planning and engineering practices.
C. For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the following prescribed to them in this section, except where the context clearly indicates a different meaning:
(1) "City" shall mean the City of Electra, Texas.
(2) "Manufactured home" is a structure transportable in one or more sections which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and/or electrical systems contained therein.
(3) "Modular unit or housing" shall have the same meaning as prefabricated assembly.
(4) "Prefabricated assembly" is a structural unit, the intricate parts of which have been built up or assembled prior to incorporation in a building, or that is moved on site in part or in whole for the purpose of human habitation.
4. Special Provisions
A. Unless otherwise specifically stated in this ordinance, all prefabricated construction and all materials used therein shall conform to all applicable requirements set forth in 42 U.S.C. §5402 et seq. and/or the Texas Manufactured Housing Standards Act, Tex. Rev. Civ. Stat. Ann. Art. §5521 et seq., which is adopted by reference herein.
B. Prefabricated or modular units shall be used only for single story, single family residences, and only in areas zoned as such by the City. No prefabricated or modular unit may be placed in any subdivision of the City of Electra in violation of subdivision restrictions then in effect in said subdivision.
C. Prefabricated or modular units shall not be utilized for multi-family residences.
D. Provisions in this ordinance shall be applicable to single family dwelling or residence installed on private or publicly owned property and shall apply to the following:
(1) Construction, alteration, and/or repair of any foundation system which is necessary to provide for the installation of a prefabricated assembly.
(2) Construction, installation, addition, alteration, repair or maintenance of the building service equipment which is necessary for connecting prefabricated assembly to water, fuel, and/or power supplies and sewage systems.
(3) Alterations, additions, or repairs to existing prefabricated assembly. The construction, alterations, moving, demolition, repair, and use of accessory buildings and structures and their building service equipment shall comply with the requirements of this ordinance and other City rules and regulations.
5. General Provisions
A. A certificate of approval shall be furnished to the City Code Enforcement Officer by the manufacturer of a prefabricated assembly. The certificate of approval shall certify that the assembly in question has been inspected and meets all the requirements of 42 U.S.C. §5402 et seq. and/or the Texas Manufactured Housing Standards Act, Tex. Rev. Civ. Stat. Ann. Art. §5521 et seq. and this ordinance. When mechanical equipment is installed so that it cannot be inspected at the site, the certificate of approval shall certify that such equipment complies with the laws applying thereto.
B. To be acceptable under this code, every certificate of approval shall be made by an agency or entity meeting the approval of the City of Electra.
C. The City Code Enforcement Officer shall inspect every prefabricated assembly and may require special tests to be made at the expense of the supplier or contractor to determine durability and weather resistance. If the prefabricated assembly does not meet the requirements of this ordinance or does not satisfy or pass special test conditions specified by the City Code Enforcement Officer, the prefabricated assembly shall not be used within the City of Electra.
D. Prefabricated assembly materials may be inspected by the City Code Enforcement Officer to determine compliance with this ordinance.
E. The supplier or manufacturer of a prefabricated assembly shall provide the City Code Enforcement Officer a written statement listing the grade and type of all materials used in this assembly.
F. All materials and construction assembly, including but not limited to plumbing (water, sewer, piping, fixtures, etc.), electrical (wiring, controls, etc.), and floor, wall and roof systems shall meet City standards, as specified by the City Code Enforcement Officer. The minimum standards applied to a prefabricated assembly shall be those contained in 42 U.S.C. §5402 et seq. and/or the Texas Manufactured Housing Standards Act, Tex. Rev. Civ. Stat. Ann. Art. §5521 et seq.
G. The placement of a prefabricated assembly at a building site shall be inspected by the City Code Enforcement Officer to determine compliance with this ordinance and other applicable rules and regulations of the City of Electra.
H. Prefabricated assemblies shall be anchored in accordance with the requirements of the Texas Manufactured Housing Standards Act (Texas Revised Civil Statutes, Article 5221) and Chapter 80, Administrative Rules, and Chapter 2306 of the Government Code of the State of Texas, and those standards established by the Texas Department of Housing and Community Affairs, as they now exist or may be hereafter amended. It shall be a misdemeanor for anyone to own or place upon any property within the city limits of the City of Electra any prefabricated assembly in violation of this ordinance, punishable by a fine of not more than $500.00, and each day said prefabricated assembly remains upon any property located within the City of Electra in violation of this ordinance shall be a separate offense.
6. Standards for Existing Mobile Homes
A. Mobile homes or trailers must be completely under-skirted with masonry, porcelainized steel, baked enamel steel, or other material of equal fire resistance, durability, and appearance.
B. Building permits must be obtained as provided in the Code of Ordinances of the City of Electra.
C. Only one mobile home will be located on one lot.
D. Two off-street parking spaces, on hard surfaces, must be provided for each mobile home and/or trailer.
E. Auxiliary structures or outbuildings shall be permitted on the condition that any such structure shall have a minimum capacity of 200 cubic feet and shall meet the requirements of the International Building Code and the ordinances of the City of Electra.
F. Carports may be permitted if the minimum required front yard, side yard, and set back lines are observed and adhered to, and also meet the requirements as specified by the International Building Code and are in conformity with all subdivision restrictions of the subdivision in which the mobile home is located.
G. Mobile home and trailer space specifications shall be as follows:
1. Front yard set back – 20 foot minimum
2. Side yard set back – 10 foot minimum
3. Rear yard – 10 foot minimum
4. Set back from adjacent property line – 15 foot minimum
H. A mobile home or trailer manufactured more than 15 years before a permit request may not receive a permit to be installed on a lot within the City of Electra. Existing mobile homes and trailers within the City manufactured before June 15, 1976, may be maintained but will not be permitted to move onto another lot within the city limits.
7. Penalty for Violation
It shall be a misdemeanor for anyone to own or place upon any property within the city limits of the City of Electra any prefabricated assembly in violation of this ordinance, punishable by a fine of not more than $500.00 and each day said prefabricated assembly remains upon any property located within the City of Electra shall be a separate offense.
(Ordinance No. 96-10 of June 25, 1996; Ordinance No. 2008-5, May 13, 2008)
SEC. 13: BUILDING PERMITS
A. Except as hereinafter provided, all persons, corporations, partnerships, or any other business entity doing construction work, including additions or repairs to any structure within the City of Electra, or any property owner doing such work themselves, shall be required to secure from the City of Electra, in advance of any work being done, a building permit (for new building construction or additions, or as indicated herein below), an electrical permit (for new buildings, additions, alterations, or repairs to the electrical system of a structure, as set out herein below), a plumbing permit (for plumbing lines or fixtures and gas appliances), and mechanical permits (as required by the Mechanical Code of the City of Electra).
B. The fees charged by the City of Electra for each of the permits required hereinabove shall be as follows:
(1) BUILDING PERMITS:
A minimum fee of $15.00 shall be charged for issuing any class of permit required by the Building Code and as required herein. In addition to the minimum fee, there shall be charged the following inspection fees:
a. New Building Construction or Addition
(i) Single Family or Duplex Residence $.05 per sq. ft. of building
(ii) Single Family or Duplex use storage, $.03 per sq. ft. of building
outbuilding, carport or patio building or addition
(iii) Commercial use (includes all other $.09 per total sq. ft. of
occupancies not listed above) building or addition
(iv) Commercial Storage Building $.03 per total sq. ft. of
building or addition
b. Finish out of Existing Shell Buildings $.05 per total sq. ft.
or Areas Within Shell Buildings of area
c. Repair, Alteration, or Remodel of $.0035 per total dollar
Existing Buildings valuation of work
d. Roofing or Siding $.0035 per sq. ft. of
area covered or repaired
e. Foundation Only $.001 per sq. ft. of area
f. Signs (each)
(i) Up to and including eighty (80) $ 10.00
sq. ft. of total sign face area
(ii) Over eighty (80) sq. ft. of total $ 35.00 sign face area (on premise)
(iii) All off premise $85.00
g. Demolition (required for any structure $.005 per sq. ft. of all
exceeding 150 square feet in area)
all structures at each location
h. Building Moving (does not include mobile $35.00 plus actual
or manufactured homes transported by cost of Traffic
licensed installers) – includes both moving Department Services
buildings into or out of the City of Electra
i. Swimming Pool $10.00
j. Mobile or Manufactured Home Installation $10.00
k. Flammable or Combustible Liquid Storage
Tank or Service Station Pump
(i) Each new tank or replacement $ 10.00
(includes test verification)
(ii) Each new pump or replacement $ 2.00
(includes test verification)
(iii) Repair and/or tests of existing $ 2.00
tanks, pumps, or lines
l. Fire Suppression System
(i) Each new sprinkler system $ 50.00
(ii) Each new standpipe system $ 20.00
(iii) Each new vent-hood extinguishing $ 10.00
(iv) Repair or alteration of an existing $ 5.00
fire suppression system
(2) ELECTRICAL PERMITS
A fee of $25.00 shall be charged for issuing any class of electrical permit required by the Electrical Code. Included in this permit fee shall be all phases of inspections of alterations, repairs, additions to or replacement of electrical installations on new or existing commercial or residential premises.
(3) PLUMBING PERMITS
A fee of $25.00 shall be charged for issuing any class of plumbing permit required by the Electra Plumbing Code. Included in this permit fee shall be all phases of inspections of alterations, repairs, additions to or replacement of plumbing, sewer, or gas installations on new or existing commercial or residential premises.
(4) MECHANICAL PERMITS
A fee of $25.00 shall be charged for issuing any class of mechanical permit required by the Electra Mechanical Code. Included in this permit fee shall be all phases of inspections of installation or complete change-out of an environmental air conditioning system, additions to, repairs, or alterations of an existing heating, ventilation, air conditioning system or equipment on new or existing commercial or residential premises.
No permit shall be required in the following events:
a. In the event the total cost of construction is less than $500.00;
b. In the event that this ordinance conflicts with any franchise granted by the City of Electra, either prior to the enactment of this ordinance, or after the enactment of this ordinance, the provisions of said franchise agreement shall prevail.
(6) PENALTY FOR VIOLATIONS
Failure to secure a permit, as required hereinabove, is hereby declared to be a class C misdemeanor, punishable in the Municipal Court of the City of Electra by a fine of not less than $25.00, nor more than $2,000.00.
No inspector for the City of Electra may inspect work done by that inspector as a private contractor.
(Ordinance No. 2003-16, October 28, 2003)
SEC. 14: MANUFACTURED HOUSING PARKS
For the purposes of this division, certain terms, words, and phrases shall have the following meanings:
Certificate of Occupancy – A certificate issued by the Code Enforcement Officer of the City of Electra for the use of a building, structure, or land, when it is determined by such Code Enforcement Officer that the building, structure, or land complies with the provisions of all applicable codes, ordinances, and regulations.
Common Access Route or Internal Street – A private drive allowing principal means of access to individual HUD-code manufactured home lots or auxiliary buildings.
Driveway – A minor entrance way off the common access route within the park, into an off-street parking area serving one or more HUD-code manufactured mobile homes.
HUD-Code Manufactured Home/Housing – A structure constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems.
HUD-Code Manufactured Home Park – A parcel of land under single entity ownership which has been improved for the placement of HUD-code manufactured homes, accessory uses and service facilities, meeting all requirements of this division and any applicable deed restrictions and state laws.
License – A written license issued by the Code Enforcement Officer of the City of Electra permitting a person to operate and maintain a HUD-code manufactured home park under the provisions of this article.
Mobile Home – A structure that was constructed before June 15, 1976, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on-site, is 320 or more square feet, and which is built on a permanent chassis designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems. Mobile homes shall not be allowed in the city, except as provided in Chapter 12, Section 6, Subsection H of the Code of Ordinances of the City of Electra.
Parking Street, Off-Street – A minimum space ten feet (10’) in width by twenty feet (20’) in length, located within the boundary of a HUD-code manufactured home space, or in common parking and storage area having unobstructed access to an internal street.
Permit – A written permit/certification issued by the Code Enforcement Officer permitting the construction, alteration, or extension of a HUD-code manufactured home park under the provisions of this division and regulations issued hereunder.
Person – A natural individual, but shall also mean a firm, trust, partnership, corporation (profit or nonprofit), or unincorporated association.
Plot Plan/Site Plan – A graphic presentation, drawn to scale, in a horizontal plane, delineating the outlines of the land included in the plan and all proposed used locations, accurately dimensioned, the dimensions also indicating the relation of each use to that adjoining and to the boundary of the property.
Recreational Vehicle – A self-propelled van or vehicle, of any size, that is furnished and is used as a dwelling or living quarters, or as an office, when parked.
Sewer Connection – A connection consisting of pipes, fittings, and appurtenances from the drain outlet of a HUD-code manufactured mobile home to the inlet of the corresponding sewer service riser pipe of the sewage system serving the HUD-code manufactured home space.
Sewer Service Riser Pipe – That portion of sewer service which extends vertically to the ground elevation and terminates at a HUD-code manufactured home space.
Space – A plot of ground within a HUD-code manufactured home park designated for accommodations of one HUD-code manufactured home, together with such open space as required by this division. This term also means “lot” and “site.”
Trailer – A furnished van or mobile structure, of any size, drawn by truck, automobile, or other motor vehicle that is used as living quarters or as a dwelling or office when parked.
Transportable Structure – Any structure without a permanent foundation that is designed or capable of being transported from location to location and when in place serves as a furnished dwelling or living quarters.
A. Permit Required – It shall be unlawful for any person to construct, alter, extend, or expand any HUD-code manufactured home park within the limits of the city without a valid permit issued by the Code Enforcement Officer of the City of Electra in the name of such person for the specific construction, alteration, or extension proposed.
B. Application Requirements – All applications for permits shall be made upon standard forms provided by the City of Electra and shall contain the following:
(1) Name and address of the applicant;
(2) Location and legal description of the HUD-code manufactured home park.
(3) To this application shall be attached two (2) copies of a site plan, at a minimum scale of 1” = 200’ for sites of 30 acres or more, and at a minimum scale of 1” = 100’ for sites under 30 acres. The site plan shall include all data required under this division.
C. Fee – An original application to the Code Enforcement Officer shall be accompanied by a fee of one hundred dollars ($100.00).
D. Issuance – In considering the application, the Code Enforcement Officer may take into account the proposed location of the HUD-code manufactured home park in relation to the present and anticipated land use and development. After review of the application and determining the application and the proposed park complies with this division and other applicable laws, codes, and regulations, the permit shall be issued.
E. Denial; Hearing – Any person whose application for a permit under the division has been denied, may appeal in writing the Code Enforcement Officer’s ruling to the Building Commission of the City of Electra and offer additional evidence, if desired.
A. Required – It shall be unlawful for any person to establish, operate, or maintain, or permit to be established, operated, or maintained upon any property owned or controlled by such person any HUD-code manufactured home park within the limits of the city unless such person holds a valid license issued annually by the City of Electra. All applications for licenses shall be made in writing to the City of Electra, which shall issue a license upon compliance by the applicant with provisions of this division. The City of Electra shall not issue a license unless the applicant is a valid holder of a certificate of occupancy which shall be issued by the Code Enforcement Officer upon compliance with applicable ordinances and laws. At any time a certificate of occupancy is revoked, the license shall also be cancelled. Licenses issued shall expire on December 31st of each year.
B. Application – Application for original license shall be in writing signed by the applicant, accompanied by a declaration of the applicant as to the trust of the application and by deposit of the license fee hereinafter provided, and shall contain:
(1) The name and address of the applicant;
(2) A copy of a valid certificate of occupancy;
(3) The location and legal description of the park;
(4) A site plan of the park prepared in accordance with Section 7 hereof.
C. Hearing Granted Applicants – Any person whose application for a license under this division has been denied may request in writing and within ten (10) days a rehearing, which shall be granted by the Building Commission of the City of Electra.
D. Application for Renewal – Application for renewal of a license shall be made in writing by the licensee on forms furnished by the City of Electra on or before December 1st of each year. The application shall contain any change in the information occurring after the original license was issued or the latest renewal granted and be accompanied by the HUD-code manufactured home park register, as hereafter provided.
E. Fee – All renewal applications shall be accompanied by a fee of fifty dollars ($50.00). All renewal fees shall be due on the issuance of the license.
F. Transfer – Every person holding a license shall give notice in writing to the Code Enforcement Officer within fifteen (15) days after having sold, transferred, given away, or otherwise disposed of interest in or control of any HUD-code manufactured home park. Application for transfer of license shall be made not later than fifteen (15) days after the date of the sale, transfer, or gift, or other disposition of interest in or control of HUD-code manufactured home park.
G. Transfer of Fee – All applications for license transfer shall be accompanied by a fee of fifty dollars ($50.00).
H. Violations, Notice and Suspension – Whenever the Code Enforcement Officer finds that conditions or practices exist which are in violation of any provisions of this division, he shall give notice in writing in accordance with Section 5 herein below to the permitted or licensee, or the permitted or licensee’s agent, that unless conditions or practices in violation of this division are corrected within a reasonable period of time of not less than thirty (30) days nor more than ninety (90) days, as specified in such notice, the license or permit shall be suspended. At the end of the period of time granted for correction, if the conditions or practices have not been corrected, the Code Enforcement Officer may suspend the license and give notice in writing of the suspension to the licensee or the licensee’s agent at the address provided in the application. Upon receipt of notice of suspension, the licensee shall cease operation of the HUD-code manufactured home park within ten (10) days after the notice is issued.
Any duly authorized inspector of the City shall be permitted to make reasonable inspections of any HUD-code manufactured home park or HUD-code manufactured home/housing to determine compliance with this division.
5. Notices, Hearings, and Orders
A. Notice of Violations; Requirements of Notice – Whenever it is brought to the attention of the Code Enforcement Officer that there has been a violation of any provisions of this division, the Code Enforcement Officer shall give notice of such alleged violation to the permitted or licensee or agent, as hereinafter provided. The notice shall:
(1) Be in writing;
(2) Shall include a statement of the reasons for its issuance;
(3) Allow a reasonable time of not less than thirty (30) days nor more than ninety (90) days, based upon the nature and severity of the violation and having due regard for the safety and protection of the community, for the performance of the act it requires;
(4) Be served upon the licensee or the licensee’s agent; provided that the notice or order shall be deemed to have been properly served upon the licensee or agent when a copy thereof has been sent by mail to the licensee’s or agent’s last known address, or when the licensee or agent has been served with the notice by any method authorized or required by the laws of this state; and
(5) Contain an outline of remedial action which, if taken, will affect compliance with the provisions of this division.
B. If the violation is not remedied in accordance with the notice, and a breach of the division continues, then the Code Enforcement Officer may revoke any permits or licenses issued in addition to any penalty provided herein.
6. Recreational Vehicles, Trailers, and Transportable Structures Used as Residential Dwellings
The installation of transportable structures, such as recreational vehicles, trailers, or other transportable structures for use or occupancy as a residential dwelling for more than fourteen (14) days in the City is prohibited. This provision, as to transportable structures such as recreational vehicles, trailers, or other transportable structures, is retroactive and shall apply to any such recreational vehicles, trailers, or transportable structure used and occupied as a residential dwelling in the City on the effective date of this division.
7. HUD-Code Manufactured Home Park
A. Site Plan – The site plan shall be filed as required by 2-B(3) of this division and shall show the following:
(1) The name, address, fee owner, and record owner of the proposed or existing HUD-Code manufactured home park.
(2) The name of the subdivision where the park is located.
(3) The name of the adjacent streets and roads.
(4) Contour lines at two foot (2’) intervals.
(5) Locations and dimensions of all HUD-code manufactured home spaces, utility easements, drives, recreation areas, streets, and sidewalks. Each HUD-code manufactured home space shall be numbered.
(6) Scale of plan (no smaller than 1” = 200’) and complete dimensions.
(7) Density in units per gross acre.
(8) Area and dimensions of site.
(9) Areas defined for waste containers and method of disposal of garbage and refuse.
(10) Location of shower and toilet facilities.
(11) Water and Sewer Plans – Water and sewer plans must be submitted showing the following:
(a) Sewer line locations, grades, and sizes.
(b) Water line locations, sizes and source of water supply.
(12) Paving and Draining Plans – Paving and drainage plans must show the dimensions and calculated quantities of runoff and the proposed specifications for streets.
The City shall notify the applicant in writing as to whether the plan was approved or disapproved, stating the reasons for disapproval and the modifications or conditions that must be made or met before approval can be obtained upon subsequent submission.
B. Requirements – Any HUD-code manufactured home park constructed after adoption of this division, and any extension/addition to an existing HUD-code manufactured home park in the City shall be done in compliance with the following site requirements:
(1) Density – HUD-code manufactured home park shall have no more than twelve (12) spaces per acre.
(a) Park Areas – Each HUD-code manufactured home park shall be planned for and shall provide a minimum of two (2) acres in area.
(2) Minimum Site Requirements
(a) Height Requirements
(i) The height limit for any structure intended for occupancy in the HUD-code manufactured home park shall be eighteen feet (18’).
(ii) The average height of the HUD-code manufactured home frame above ground elevation, measured at 90º to the frame, shall not exceed four feet from the top of the pad.
(b) Spacing of Home – HUD-code manufactured homes shall be located no closer than twenty feet (20’) from any exterior wall to the closest exterior wall of the nearest HUD-code manufactured home.
(c) Lot Space – Each and every HUD-code manufactured home shall be located on a separate space, which shall conform to the following standards:
(i) Be served with sanitary sewer, water, electrical power, and, unless all electric, natural gas.
(ii) Provide a minimum average width of forty feet (40’) and a minimum average depth of eighty feet (80’).
(iii) Abut or have access to a private street for a minimum distance of twelve feet (12’).
(iv) Provide a minimum area of three thousand two hundred (3,200) square feet, said area to be determined by the boundary lines of the space.
(v) Provide a HUD-code manufactured home pad, which shall provide an adequate foundation for the placement and tie down of one single-family HUD-code manufactured home, thereby securing the superstructure against uplift, sliding rotation, and overturning. Said pad shall:
(aa) Be constructed of material which shall adequately support the weight of the HUD-code manufactured home placed thereon and be durable and well drained under normal use and weather conditions.
(bb) Provide anchors and tie-downs such as cast-in-place concrete “dead men,” eyelets embedded in concrete foundations or runway screw augers, arrowhead anchors or other devices which secure the stability of the HUD-code manufactured home, and shall be placed at least at each corner of the HUD-code manufactured home.
(cc) Cover an area of at least two hundred forty (240) square feet or at least one-third the area of the largest HUD-code manufactured home which is to be placed on the HUD-code manufactured home park space, whichever is greater. No surface provided for a purpose other than the foundation of HUD-code manufactured home shall be considered a part of such HUD-code manufactured home pad.
(vi) Provide a minimum of two (2) off-street parking spaces.
(vii) No vehicular access to a HUD-code manufactured home space is permitted from a public dedicated street.
(viii) The ground surface in all parts of every HUD-code manufactured home park and especially beneath HUD-code manufactured homes and other structures shall be graded and equipped to drain all surface water in a safe efficient manner so as not to permit water to stand or become stagnant.
(d) Design and Location of Storage Facilities – Storage facilities with a minimum capacity of 200 cubic feet per HUD-code manufactured home space may be provided on the space, or in compounds located within 200 feet of space. Where provided, storage facilities shall be faced with a durable, fire resistant material. Storage outside the perimeter walls of the HUD-code manufactured home shall be permitted only if in such facilities. No storage shall be permitted under a HUD-code manufactured home. Storage facilities shall not be located within ten (10) feet of the boundary line of any HUD-code manufactured home space boundary line.
(e) Location of Homes and Accessory Structures – No HUD-code manufactured home or accessory structure, such as a refuse container, carport cabana, awning, fence, or storage locker shall be permitted within ten feet (10’) of a private street or the boundary line of a HUD-code manufactured home space boundary line. Provided further that two (2) HUD-code manufactured homes shall not be placed less than twenty feet (20’) apart.
(f) Setbacks and Screening
(i) No Hud-code manufactured home or structure in a HUD-code manufactured home park shall be located within the yard setback area. The minimum setback area for each space is:
(aa) Front yard – 25 feet.
(bb) Rear yard – 15 feet.
(cc) Side yard – 10 feet.
(ii) The following screening requirements shall be applicable:
(aa) A landscaped strip, not less than ten (10) feet in width or a screening device as defined herein shall be located along all HUD-code manufactured home park boundary lines abutting residential property. The landscaped strip shall be continuously maintained and shall be devoted exclusively to the planting, cultivation, growing, and maintenance of site obscuring trees, shrubs, plant life as described below. Trees, shrubs, or other vegetation shall be planted, cultivated, and maintained as a sight and noise obscuring buffer that will effectively achieve sight and noise obstruction within approximately five (5) years. At least one row of trees with a minimum initial trunk diameter of one inch and minimum initial height of five feet (5’) shall be planted on
twenty-five foot centers. Also, two (2) rows of non-deciduous shrubs, or other suitable screening plants shall be planted on ten-foot centers. The buffer strips are intended to provide a seventy-five percent (75%) opaque screen when viewed horizontally between two and ten feet (2’ and 10’) above the natural ground at the end of the growing period of five (5) years from the date of planting. Additional planting, cultivation, and maintenance may be required by the city officials during the use period of the buffer strip to achieve and maintain this effect.
(g) Access; Traffic Circulation; Parking
(i) Internal streets shall be privately owned, built and maintained. Streets shall be designed for safe and convenient access to all spaces and facilities for common use of park residents.
(ii) All internal streets shall be constructed to specifications set by the City Commission and shall be maintained by the owner.
(iii) All private streets shall be constructed with concrete and shall be durable and well drained under normal use and weather conditions.
(iv) Internal Street Dimensions; Parking
(aa) Internal streets shall be minimum pavement width of twenty feet (20’). Parking shall not be allowed on the minimum street width. An additional lane of nine feet (9’) minimum width may be added to one or both sides for on-street parking, only in the additional nine feet (9’).
(bb) Internal streets shall permit unobstructed access to within at least twenty feet (20’) of any portion of each HUD-code manufactured home.
(cc) Within each HUD-code manufactured home park, streets shall be named, and HUD-code manufactured homes numbered. Park signs and numbers shall be of standard size and placement to facilitate location by emergency vehicles.
(dd) Private streets, which may connect two (2) public street rights-of-way, shall, by the use of curves, offsets, location or the use of two (2) or more streets, be located so as to discourage through traffic.
(ee) Private street intersections shall generally be at right angle, offsets at intersections of less than 125 feet (centerline to centerline) shall be avoided, intersection of more than two streets at one point shall be avoided.
(ff) A dead-end private street length of one thousand feet (1,000’) shall be provided with a vehicular turning circle of eighty feet (80’) in diameter.
(gg) Layout Streets and Blocks – Streets shall be laid out to provide a minimum distance of two hundred and forty feet (240’) center to center of parallel streets, between intersections.
(hh) Lighting – The private streets, parking lots, walks and service areas shall be lighted at all times so the HUD-code manufactured home park shall be safe for occupants and visitors, provided further all entrances and exits shall be lighted.
(h) Fire Safety Standards
(I) The storage, handling and use of liquefied petroleum gases and flammable liquids shall be done in compliance with applicable city ordinances and state statutes.
(ii) Approaches to all HUD-code manufactured homes shall be kept clear for emergency vehicles.
(iii) Water lines and fire hydrants shall be provided and suitably located for adequate fire protection as determined by the fire chief or city commission, but in no case shall the park provide less than a system of standard hydrants located not more than five hundred feet (500’) from each HUD-code manufactured home space and served by water lines not less than six inches (6”) in diameter installed in a looped system.
(iv) The HUD-code manufactured home park licensee or agent shall provide an adequate system of collection and safe disposal of rubbish.
(I) Water Supply
(i) All approved water supply for domestic use and fire protection purposes shall be supplied to meet the requirements of the HUD-code manufactured home park.
(ii) All plumbing shall be in accordance with applicable ordinances of the City.
(j) Sewage Disposal – From and after the effective date of this division, the following shall apply:
(i) Waste from all toilets, lavatories, sinks and showers in HUD-code manufactured home park shall be discharged into a public sewer or private disposal system approved by the City Commission.
(ii) All plumbing shall comply with applicable plumbing codes.
(iii) Each HUD-code manufactured home pad shall have a sewer riser pipe of at least four inches (4”), which shall be capped when not in use.
(k) Electrical and Telephone Distribution Systems – From and after the effective date of this division, the electrical distribution system shall comply with applicable electrical codes and other applicable laws of this state.
(l) All rooms containing bathroom or laundry facilities shall have fire resistant walls extending to the ceiling between male and female sanitary facilities. Walls and partitions around showers, tubs, lavatories, and other plumbing fixtures shall be constructed of dense, non-absorbent, waterproof materials or covered with moisture resistant materials.
(m) Refuse and Garbage – Solid waste shall be stored in fly-proof, water proof containers, which shall be emptied regularly and maintained in a usable, sanitary condition and the collection and disposal of said refuse and garbage shall be so conducted as to create no health hazard. An easement shall be granted by the owner of the HUD-code manufactured home park to the city, if these facilities are located so as to require the entrance of a sanitation vehicle into the HUD-code manufactured home park.
(n) Maintenance of Park – The owner of the park shall be responsible to insure that it is maintained in a manner which will not attract or aid the propagation of insects or rodents or create a hazard. Growth of plant material such as weeds and grass, especially beneath HUD-code manufactured homes and other structures shall be continuously controlled. All streets, parking and storage areas shall be maintained to provide a fully paved surface.
(o) Conform to Codes – All HUD-code manufactured home park facilities and HUD-code manufactured homes shall conform, without limitation, to the codes and ordinances of the City, including the building, plumbing, electrical and fire codes and all applicable laws of the state.
(p) Office – Every HUD-code manufactured home park shall have an office in which a copy of the park permit or license shall be posted and the park register shall be in such office. It shall be the duty of the licensee to keep a register of park occupancy which shall contain the following:
(i) Name and address of owner and occupant.
(ii) The make, model, serial number, year and dimensions of all HUD-code manufactured homes.
(iii) The date of arrival and departure of each HUD-code manufactured home.
The park operator shall submit the park register to the City Commission each year upon requesting license renewal and shall make said register available to any authorized City official upon reasonable request. Upon gaining knowledge of a departure of any HUD-code manufactured home, the park operator shall notify the city tax assessor. Failure to do so shall place the operator in violation of this division.
(q) Compliance – It shall be the responsibility of the licensee to insure that all requirements of this division are met and maintained. Any HUD-code manufactured home park issued an initial license after adoption of this division shall be notified in writing by the City Commission in accordance with Section 5 and upon failure to comply the license shall be revoked.
(r) Nonconforming Park
(i) Any HUD-code manufactured home park in use or existence on the effective date of this division, and not complying with all applicable provisions of this division shall be considered a nonconforming HUD-code manufactured home park. Nonconforming parks shall comply with the requirements of Section 3-D, E, F, G, and H hereof. No nonconforming HUD-code manufactured home park not in existence at the time of final passage of this ordinance shall be permitted.
(ii) Any land area added to a nonconforming HUD-code manufactured home park shall conform to all requirements of this division.
(s) Miscellaneous Requirements
(i) Responsibilities of Park Management
(aa) All responsibilities set out elsewhere in this division shall apply.
(bb) The licensee or licensee’s agent shall operate the park in compliance with this and other applicable ordinances and shall provide adequate supervision to maintain the park and all facilities in good repair, and in clean and sanitary condition.
(cc) The licensee or agent shall notify park occupants of all applicable provisions of this division and inform them of their duties and responsibilities under this division.
(ii) Responsibilities of Park Occupants
(aa) All responsibilities of occupants set out elsewhere in this division shall apply.
(bb) The park occupant shall comply with all requirements of this division.
(cc) The park occupant shall be responsible for proper placement of his HUD-code manufactured home on its HUD-code manufactured home pad and proper installation of all utility connections in accordance with the instruments of park management.
(dd) The use of space immediately beneath a HUD-code manufactured home for storage shall not be permitted.
(iii) Mobile homes shall not be permitted in a HUD-code manufactured home park.
(iv) Recreational vehicles, trailers, or other transportable structures shall not be permitted in a HUD-code manufactured home park.
Iv) Only HUD-code manufactured homes shall be permitted in a HUD-code manufactured home park.
8. Placement of Home on Individual Lot
The provisions of this division shall not prohibit any person from placing and installing a HUD-code manufactured home on an individual lot or tract of land. However, no person shall place or install a HUD-code manufactured home on an individual tract or lot of land if the tract or lot is already occupied by a residential dwelling or structure. HUD-code manufactured homes that are placed on individual lots or tracts of land shall comply with the applicable provisions of Section 7-A and 7-B(2)(a) through (f), as may be practicable. The plot plan or site plan required by Section 7-A relating to the location of any HUD-code manufactured home on an individual residential lot shall be submitted to the City Administrator or his designated representative for pre-approval before the installation of any HUD-code manufactured home is completed.
Any person, firm, or corporation violating this division or any portion thereof shall, upon conviction, be guilty of a misdemeanor and shall be fined in a maximum amount of $500.00, and each day that such violation continues shall be considered a separate offense and punishable accordingly.
10. Amendments and Variances
This section may be amended from time to time by the City Commission to protect the public health, safety, and general welfare of the citizens, but also to promote the orderly growth and development of the city. Nothing in this section prohibits the Building Commission from granting a variance or variances from the requirements of this section for good cause shown and upon majority vote of the Commission.
(Ordinance No. 2008-05, May 13, 2008)
SECTION 15. INTERNATIONAL PROPERTY MAINTENANCE CODE
That the International Property Maintenance Code, 2006 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Electra for regulating and governing the conditions and maintenance of all property, buildings, and structures; by providing standards for supplied utilities and facilities and other physical things and conditions essential to insure that structures are safe, sanitary, and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupation and use and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions, and terms of said Property Maintenance Code on file in the office of the City Administrator of the City of Electra are hereby referred to, adopted, and made a part hereof as if fully set out in this ordinance, with the following additions, insertions, deletions, and changes:
Section 101.1 –insert – City of Electra
Section 103.5 – insert – The fees for all inspections of the Code Enforcement Officer of the City of Electra under this code shall be $25.00 per inspection.
Section 302.4 – insert – 12 inches
Section 304.14 – insert – March 15th to October 15th
Section 602.3 – insert – October 15th to April 15th
Section 602.4 – insert – October 15th to April 15th