CITY OF WEST ORDINANCE NO. __120313________
AN ORDINANCE OF THE CITY OF WEST, TEXAS, AMENDING THE CODE OF
ORDINANCES OF THE CITY OF WEST, TEXAS, CHAPTER 3, BUILDING
REGULATIONS, BY ADOPTING THE INTERNATIONAL BUILDING CODE, 2012
EDITION THAT ARE NOT IN CONFLICT WITH THE INTERNATIONAL
RESIDENTIAL CODE; ADOPTING THE INTERNATIONAL MECHANICAL CODE,
2012 EDITION; ADOPTING THE INTERNATIONAL PLUMBING CODE, 2012
EDITION; ADOPTING THE NATIONAL ELECTRICAL CODE, 2011 EDITION;
ADOPTING THE INTERNATIONAL ENERGY CONSERVATION CODE, 2012
EDITION; ADOPTING THE INTERNATIONAL FIRE CODE, 2012 EDITION;
ADOPTING THE INTERNATIONAL FUEL GAS CODE, 2012 EDITION; ADOPTING
THE INTERNATIONAL PROPERTY MAINTENANCE CODE, 2012 EDITION;
PROVIDING A CUMULATIVE REPEALER CLAUSE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SAVINGS; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES AND
INCLUDING PROVISIONS FOR THE AUTHORIZATION TO SEEK INJUNCTIVE
RELIEF TO ENJOIN VIOLATIONS; PROVIDING A PUBLICATION CLAUSE;
PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, due to widespread residential and commercial property damage caused
by the explosion of the West Fertilizer Plant on April 11, 2013, necessitating repairs and
rehabilitation, and the City has an interest in ensuring that such repairs are properly done in
manner that will protect the citizens and the city ; and
WHEREAS, the City Council finds that it is in the public interest to protect public
health, safety, property, and the general welfare of the public to enact a Building Code to
control and regulate future repairs, construction and rehabilitation; and
WHEREAS, the City Council acting as the Building Commission for the city has
reviewed the International Building Code, 2012 Edition; the International Mechanical Code, 2012
Edition; the International Plumbing Code, 2012 Edition; the National Electrical Code, 2011
Edition; the International Energy Conservation Code, 2012 Edition; the International Fire Code,
2012 Edition; the International Fuel Gas Code, 2012 Edition; the International Property
Maintenance Code, 2012 Edition and all local amendments thereto, and finds that it is in the best
interest of the City of West to adopt said Codes and amendments; and
WHEREAS, the City Council does hereby find and determine that the adoption of this
Ordinance is in the best interest of the public health, safety, morals and general welfare of the
City of West to adopt the construction and related codes as set forth herein,
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST, TEXAS:
SECTION 1.
INCORPORATION CLAUSE
That all of the above premises are true and correct and are hereby incorporated in the
body of this Ordinance as if fully set forth herein.
SECTION 2.
THE INTERNATION BUILDING CODE ADOPTED
That the Code of Ordinances, City of West, Texas, Chapter 3: Building
Regulations, Article 3.02: Technical and Construction Standards, Section 3.02.021 to read as
follows: "The City Council of the City of West, Texas, does hereby adopt the International
Building Code, 2012 Edition as published by the International Code Council, to the extent that it
does not conflict with the International Residential Code, as previously adopted. A copy of the
International Building Code, 2012 Edition shall be kept in the office of the City Secretary."
SECTION 3.
THE INTERNATIONAL MECHANICAL CODE ADOPTED
That the Code of Ordinances, City of West, Texas, Chapter 3: Building Regulations,
Article 3.02: Technical and Construction Standards, is amended to add Section 3.02.022 to read
as follows: "The City Council of the City of West, Texas, does hereby adopt the International
Mechanical Code, 2012 Edition as published by the International Code Council, which Code is
incorporated herein as if set out herein in its entirety. A copy of the International Mechanical
Code, 2012 Edition shall be kept in the office of the City Secretary."
SECTION 4.
THE INTERNATIONAL PLUMBING CODE ADOPTED
That the Code of Ordinances, City of West, Texas, Chapter 3: Building Regulations,
Article 3.02: Technical and Construction Standards, is amended to add Section 3.02.023 to read
as follows: "The City Council of the City of West, Texas, does hereby adopt the International
Plumbing Code, 2012 Edition as published by the International Code Council, which Code is
incorporated herein as if set out herein in its entirety. A copy of the International Plumbing Code,
2012 Edition shall be kept in the office of the City Secretary."
SECTION 5.
THE NATIONAL ELECTRICAL CODE ADOPTED
That the Code of Ordinances, City of West, Texas, Chapter 3: Building Regulations,
Article 3.02: Technical and Construction Standards, is amended to add Section 3.02.024 to read
as follows: "The City Council of the City of West, Texas, does hereby adopt the National
Electrical Code, 2011 Edition as published by the National Fire Protection Association, which
Code is incorporated herein as if set out herein in its entirety. A copy of such National Electrical
Code, 2011 Edition shall be kept in the office of the City Secretary."
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SECTION 6.
THE INTERNATIONAL ENERGY CONSERVATION CODE ADOPTED
That the Code of Ordinances, City of West, Texas, Chapter 3: Building Regulations,
Article 3.02: Technical and Construction Standards, is amended to add Section 3.02.025 to read
as follows: "The City Council of the City of West, Texas, does hereby adopt the International
Energy Conservation Code, 2012 Edition as published by the International Code Council, which
Code is incorporated herein as if set out herein in its entirety. A copy of the International Energy
Conservation Code, 2012 Edition shall be kept in the office of the City Secretary."
SECTION 7.
THE INTERNATIONAL FIRE CODE ADOPTED
That the Code of Ordinances, City of West, Texas, Chapter 5: Fire Prevention and
Protection, Article 5.02: Fire Code, Section 5.01.002 to read as follows: "The City Council of the
City of West, Texas, does hereby adopt the International Fire Code, 2012 Edition as published by
the International Code Council, which Code is incorporated herein as if set out herein in its
entirety. A copy of the International Fire Code, 2012 Edition shall be kept in the office of the City
Secretary."
SECTION 8.
THE INTERNATIONAL FUEL GAS CODE ADOPTED
That the Code of Ordinances, City of West, Texas, Chapter 3: Building Regulations,
Article 3.02: Technical and Construction Standards, is amended to add Section 3.02.026 to read
as follows: "The City Council of the City of West, Texas, does hereby adopt the International
Fuel Gas Code, 2012 Edition as published by the International Code Council, which Code is
incorporated herein as if set out herein in its entirety. A copy of the International Fuel Gas Code,
2012 Edition shall be kept in the office of the City Secretary."
SECTION 9.
THE INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED
That the Code of Ordinances, City of West, Texas, Chapter 3: Building Regulations,
Article 3.02: Technical and Construction Standards, is amended to add Section 3.02.027 to read
as follows: "The City Council of the City of West, Texas, does hereby adopt the International
Property Maintenance Code, 2012 Edition as published by the International Code Council, which
Code is incorporated herein as if set out herein in its entirety. A copy of the International Property
Maintenance Code, 2012 Edition shall be kept in the office of the City Secretary."
SECTION 10.
CUMULATIVE REPEALER CLAUSE
That this Ordinance shall be cumulative of all other Ordinances and shall not repeal any
of the provisions of such Ordinances except for those instances where there are direct conflicts
with the provisions of this Ordinance; Ordinances or parts thereof in force at the time this
Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to
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the extent that they are inconsistent with this Ordinance. Provided however, that any complaint,
action, claim or lawsuit which as been initiated or has arisen under or pursuant to the 2003
uniform codes of the Code of Ordinances on the date of adoption of this Ordinance shall continue
to be governed by the provisions of such Article and for that purpose shall remain in full force
and effect.
SECTION 11.
SEVERABILITY CLAUSE
If any section, article, paragraph, sentence, clause, phrase or work in this Ordinance, or
application thereof to any person or circumstance, is held invalid or unconstitutional by a Court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
the Ordinance, and the Town Council hereby declares it would have passed such remaining
portions of the Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 12.
SAVINGS CLAUSE
All rights and remedies of the City of West, Texas, are expressly saved as to any and all
violations of the provisions of any other Ordinances of the City affecting building, mechanical,
plumbing, electrical and housing codes, which have secured at the time of the effective date of
this Ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such Ordinances same shall not be affected by
this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 13.
PENALTY CLAUSE
It shall be unlawful for any person to violate any provision of this Ordinance, and any
person violating or failing to comply with any provision hereof shall be fined, upon conviction, in
an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be
deemed committed each day during or on which a violation occurs or continues.
If the governing body of the City of West determines that a violation of this Ordinance
has occurred, the City of West may bring suit in district court to enjoin the person, firm,
partnership, corporation, or association from engaging in the prohibited activity.
SECTION 14.
PUBLICATION CLAUSE
The City Secretary of the City of West, Texas, is hereby directed to publish, the Caption,
Penalty Clause and Effective Date of this Ordinance as required by Section 52.011 of the Texas
Local Government Code.
SECTION 15.
ENGROSSMENT AND ENROLLMENT CLAUSE
The City Secretary of the City of West is hereby directed to engross and enroll this
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Ordinance by copying the exact Caption, Penalty and Effective Date in the minutes of the City
Council and by filing this Ordinance in the ordinance records of the City.
SECTION 16.
EFFECTIVE DATE CLAUSE
That this Ordinance and the rules, regulations, provisions, requirements, orders and
matters established and adopted hereby shall take effect and be in full force and effect from the
date of passage.
IT IS SO ORDAINED.
PASSED AND APPROVED by the City Council of the City of West, Texas, this
the 3rd day of December 2013.
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(Seal)
ATTEST:
Shelly Nors, City Secretary City
of West, Texas
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