Broken Arrow City Council
Meeting of: 11-09-15
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion and possible adoption of Ordinance No. 3366 - CORRECTED, an ordinance amending Chapter 6, Building and Building Regulations, Article II, Building Code; Section 6-16, Adopted; Section 6-17 Amendments; Section 6-21, Construction standards for handicapped parking spaces; Section 6-23, Existing building code adopted; Section 6-24 Amendments; Article IV, Electrical Code; Section 6-66, Adoption of National Code; amendments; Repealing Section 6-70, Receptacle and light fixture loading; Repealing Section 6-71, Special circuits and independent fusing for appliances; Repealing Section 6-74, Wall switches required; Article V, Plumbing, Division 1, Generally, Section 6-94 Plumbing code - adopted; Section 6-95, Same - Amendments; Division 2, Landscape Irrigation; Section 6-101 - Backflow prevention; Section 6-103 Installation requirements; Article VI, Underground Outside Gas Piping, Section 6-111 Application of article; Section 6-112 Amendments; Repealing Section 6-113, Installation requirements generally; Article VII, Mechanical Code, Section 6-128 - Adopted; and Section 6-129 Amendments; specifically adopting the requirements of the 2014 and 2015 NFPA NEW ICC Code as to Building, Mechanical, Fuel Gas, Plumbing, and Electrical into the City’s Code of Ordinances in order to comply with regulations and to become effective November 1, 2015; repealing all ordinances to the contrary and declaring an emergency
End
Background:
The City of Broken Arrow contracts with the Tulsa Business and Legal News and the Wagoner Tribune to meet its statutory requirements for legal notices and publications in Tulsa and Wagoner Counties. Recently, the Tulsa World purchased the Tulsa Business and Legal News, the Wagoner Tribune and the Broken Arrow Ledger. During the acquisition and reorganization process, several items sent for publication to the Tulsa Business and Legal News were inadvertently omitted. This resulted in publication in the Wagoner Tribune, but not the Tulsa Business Legal News.
State Statute requires that before an Ordinance can be legally effective, it must first be published in a newspaper of general circulation within fifteen (15) days after its adoption by the governing body. The attached corrected ordinance is being submitted to the City Council for adoption so that all legal publication requirements will be met.
As Council Members may recall, Chapter 6 of the Broken Arrow Municipal Code addresses buildings and building regulations. In early 2009, an exploratory committee was formed to the discuss the feasibility of creating an Oklahoma uniform building code following recent inclusions of code items from the International Code Hearings in Minneapolis, Minnesota. Following this ICC hearing, local municipalities, local and State Contractor associations, local and State Homebuilder associations, State Senator and Representatives and the State Fire Marshal Office began holding meetings to discuss the feasibility of forming an Oklahoma Uniform Building Code Commission (OUBCC). Several States have undergone similar process to control building codes that may adversely impact the construction community and to create uniformity across the State with the codes. Senate Bill 1182, forming the OUBCC was developed, approved and signed by the Governor Brad Henry on June 2, 2009.
The OUBCC chose to utilize the ICC 2009 International Building Code, ICC 2009 International Existing Building Code, ICC 2009 Mechanical Code, ICC 2009 Fuel Gas Code, ICC 2009 Plumbing Code and the NFPA 2011 National Electrical Code (NEC) as the base codes. Technical committees were formed to review each section of the base codes. Several City inspectors were involved in these committee code reviews. The committee’s recommendations were reviewed and approved by the OUBCC Board and the Board set out for adoption of the 2009 ICC Codes with various modifications and NFPA 2011 National Electrical Code. The adoption of these codes was approved by legislative action; signed by Governor Mary Fallin and were effective state-wide on November 1, 2012.
The OUBCC chose not to adopt the 2012 ICC Codes as the state’s minimum code and elected to wait until the 2015 ICC codes were published to do code updates. In June of 2014 the OUBCC Technical committees were formed to review each section of the ICC 2015 International Building Code, ICC 2015 International Existing Building Code, ICC 2015 Mechanical Code, ICC 2015 International Fuel Gas Code, ICC 2015 International Plumbing Code and the NFPA 2014 National Electrical Code (NEC). Two City Building Inspectors were involved in these committee code reviews. The committee’s recommendations were reviewed and approved by the OUBCC Board and the Board set out for adoption of the 2015 ICC Codes with various modifications and NFPA 2014 National Electrical Code. The adoption of these codes was approved by legislative action, signed by Governor Mary Fallin and will be effective state-wide on November 1, 2015. City Staff recommends approval of the adoption of the 2015 ICC Codes (noted above) and the NFPA 2014 NEC as adopted and amended by the Oklahoma Uniform Building Code Commission with various local amendments.
The majority of the local amendments are to incorporate current city code requirements into the 2015 ICC Codes (noted above) and the NFPA 2014 NEC. While reviewing the current city Code, it was discovered that many of the current city code requirements already exist in the 2015 ICC Codes and the NFPA 2014 NEC. Therefore, Staff is recommending removal of these items from the city code. Staff is also recommending deleting the fire lane requirements located in section 6-17 Amendments, these requirements should be incorporated into the 2015 International Fire Code when it is adopted. Staff recommends approval of these revisions and adoption to improve the health, safety and welfare of the City and its citizens.
Cost: None
Prepared By: Beth Anne Wilkening, City Attorney
Reviewed By: Assistant City Manager
Approved By: Michael L. Spurgeon, City Manager
Attachments: Ordinance No. 3366 - CORRECTED
Recommendation:
1. Adopt Ordinance No. 3366 - CORRECTED
2. Approve emergency clause