[1]
Editor's note-Ordinance O-2013-001, sec. 2(exh. A), adopted Jan. 8, 2013, repealed the former art. V, secs. 14-136-14-144, and enacted a new art. V as set out herein. The former art. V pertained to similar subject matter and derived from Ordinance 308, secs. 1-7, adopted Oct. 8, 2002 and Ordinance 2006-105, secs. 1-9, adopted Dec. 12, 2006.
The International Building Code, 2015 edition, as amended, including appendices as published by the International Code Council, Inc., an authentic copy of which will be kept on file as an official record of the city, is hereby adopted and made part of this article, except as follows:
(1)
Section 101.1 is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the building code of the City of Magnolia, Texas, hereinafter referred to as “this code”.
(2)
Section 1404.1.1 is hereby amended to read as follows:
1404.1.1 Exterior walls on all buildings constructed after effective date of the ordinance from which this section is derived for non-residential use shall have at least seventy-five percent (75%) fire-resistant exterior masonry construction, or highly textured or pattern pre-cast concrete panel construction, exclusive of windows and doors. No one wall or elevation shall have less than fifty percent (50%) exterior masonry construction or highly textured or pattern pre-cast concrete panel construction. Non-masonry materials, such as EIFS, untextured concrete, wood, fiber-cement siding, or any combination thereof shall be limited to trim or accent materials or up to twenty-five percent (25%) of the total exterior surface area, exclusive of windows and doors. The use of metal or vinyl siding is prohibited.
(3)
Section 1404.1.2 is hereby amended to read as follows:
1404.1.2 Exterior walls on all buildings constructed after January 8, 2013 for residential use shall have at least seventy-five percent (75%) fire-resistant exterior masonry construction, exclusive of windows and doors. No one wall or elevation shall have less than fifty percent (50%) exterior masonry construction. The remaining portions of exterior walls, exclusive of windows and doors, shall be clad with masonry, stucco, or fiber-cement siding.
(4)
Section 1404.1.3 is hereby amended to read as follows:
1404.1.3 Exterior walls on all buildings constructed before the effective date of the ordinance from which this section is derived may be maintained or repaired without compliance to 1404.1.1 or 1404.1.2 provided the repair meets all the other requirements of this and other adopted building codes of the City of Magnolia.
(5)
The following 2015 design criteria 2015 IRC Table R301.2(1).
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(Ordinance O-2013-001, sec. 2(exh. A), adopted 1/8/13; Ordinance O-2013-010, sec. 2(exh. A), adopted 2/12/13; Ordinance O-2015-013, sec. 2(exh. A), adopted 8/18/15)
The International Mechanical Code 2015 edition, as amended, including appendices as published by the International Code Council, Inc., an authentic copy of which will be kept on file as an official record of the city, is hereby adopted and made part of this article, except as follows:
(1)
Section 101.1 is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the mechanical code of the City of Magnolia, Texas, hereinafter referred to as “this code”.
(Ordinance O-2013-001, sec. 2(exh. A), adopted 1/8/13; Ordinance O-2015-013, sec. 2(exh. A), adopted 8/18/15)
The International Plumbing Code 2015 edition, as amended, including appendices as published by the International Code Council, Inc., an authentic copy of which will be kept on file as an official record of the city, is hereby adopted and made part of this article, except as follows:
(1)
Section 101.1 is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the plumbing code of the City of Magnolia, Texas, hereinafter referred to as “this code”.
(Ordinance O-2013-001, sec. 2(exh. A), adopted 1/8/13; Ordinance O-2015-013, sec. 2(exh. A), adopted 8/18/15)
The International Fuel Gas Code, 2015 edition, as amended, including appendices as published by the International Code Council, Inc., an authentic copy of which will be kept on file as an official record of the city, is hereby adopted and made part of this article, except as follows:
(1)
Section 101.1 is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the fuel gas code of the City of Magnolia, Texas, hereinafter referred to as “this code”.
(Ordinance O-2013-001, sec. 2(exh. A), adopted 1/8/13; Ordinance O-2015-013, sec. 2(exh. A), adopted 8/18/15)
The International Residential Code for One- and Two-Family Dwellings, 2015 edition, as amended, including appendices as published by the International Code Council, Inc., an authentic copy of which will be kept on file as an official record of the city, is hereby adopted and made part of this article, except as follows:
(1)
Section 101.1 is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the International Residential Code for One- and Two-Family Dwellings of the City of Magnolia, Texas, hereinafter referred to as “this code”.
(2)
Section 7.03.1.3 is hereby amended to read as follows:
703.1.3 Exterior Materials. Each exterior wall or elevation on all buildings constructed after January 8, 2013 shall be constructed of fire-resistant exterior masonry construction of masonry, stucco, fiber-cement siding, or any fire-resistant exterior cladding that meets the intent of this ordinance. The remaining portions of exterior walls, exclusive of windows and doors shall be clad with masonry, stucco, fiber-cement siding, or any combination thereof. The following exceptions shall apply:
a.
Residential accessory buildings of one hundred twenty (120) square feet or less are exempt from compliance.
b.
Exterior walls on all buildings constructed before January 8, 2013 may be maintained or repaired without compliance to 1404.1.1 or 1404.1.2 provided the repair meets all the other requirements of this and other adopted building codes of the City of Magnolia.
(Ordinance O-2013-001, sec. 2(exh. A), adopted 1/8/13; Ordinance O-2015-013, sec. 2(exh. A), adopted 8/18/15)
The International Fire Code 2015 edition, as amended, including appendices as published by the International Code Council, Inc., an authentic copy of which will be kept on file as an official record of the city, is hereby adopted and made part of this article, except as follows:
(1)
Section 101.1 is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the fire code of the City of Magnolia, Texas, hereinafter referred to as “this code”.
(Ordinance O-2013-001, sec. 2(exh. A), adopted 1/8/13; Ordinance O-2015-013, sec. 2(exh. A), adopted 8/18/15)
The International Energy Conservation Code 2015 edition, as amended, including appendices as published by the International Code Council, Inc., an authentic copy of which will be kept on file as an official record of the city, is hereby adopted and made part of this article, except as follows:
(1)
Section 101.1 is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the energy conservation code of the City of Magnolia, Texas, hereinafter referred to as “this code”.
(Ordinance O-2013-001, sec. 2(exh. A), adopted 1/8/13; Ordinance O-2015-013, sec. 2(exh. A), adopted 8/18/15)
The National Electrical Code (NFPA 70) 2014 edition, including annexes, as amended, as published by the National Fire Protection Association, an authentic copy of which will be kept on file as an official record of the city, is hereby adopted and made part of this article.
(Ordinance O-2013-001, sec. 2(exh. A), adopted 1/8/13; Ordinance O-2015-013, sec. 2(exh. A), adopted 8/18/15)
The International Property Maintenance Code 2015 edition, as amended, including appendices as published by the International Code Council, Inc., an authentic copy of which will be kept on file as an official record of the city, is hereby adopted and made part of this article, except as follows:
(1)
Section 101.1 is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the property maintenance code of the City of Magnolia, Texas, hereinafter referred to as “this code”.
(Ordinance O-2013-001, sec. 2(exh. A), adopted 1/8/13; Ordinance O-2015-013, sec. 2(exh. A), adopted 8/18/15)
That for the purpose of enforcing section 14-136 and section 14-140 of this article, the following definitions shall apply:
(1)
Residential buildings.
Those buildings utilized for a single-family, two-family, and multiple-family dwelling, related to accessory use as a primary residential unit.
(2)
Nonresidential buildings.
Those buildings utilized for use other than single family, two-family and multiple family dwelling related to accessory use as a primary non-residential building.
(3)
Masonry construction.
Shall mean and include that form of construction defined below and composed of brick, stone, decorative concrete block, rock or other materials of equal characteristics laid up unit by unit set in mortar. The following materials shall not qualify nor be defined as “masonry materials”: fiber-cement siding, stucco, Exterior Insulation and Finish Systems (EIFS), acrylic matrix, synthetic plaster or other synthetic material.
(4)
Brick.
Includes kiln fired clay or shale brick manufactured to ASTM C216 or C652, Grade SW, can include concrete brick if the coloration is integral, shall not be painted, and it is manufactured to ASTM C1634; minimum thickness of two and one-quarter-inches when applied as a veneer, and shall not include underfired clay or shale brick.
(5)
Stone.
Includes naturally occurring granite, marble, limestone, slate, river rock, and other similar hard and durable all weather stone that is customarily used in exterior building construction; may also include cast or manufactured stone product, provided that such product yields a highly textured stone-like appearance, its coloration is integral to the masonry material and shall not be painted on, and it is demonstrated to be highly durable and maintenance free; natural or manmade stone shall have a minimum thickness of two and five-eighths-inches when applied as a veneer
(6)
Decorative concrete block.
Includes highly textured finish, such as split faced, indented, hammered, fluted, ribbed or similar architectural finish; coloration shall be integral to the masonry material and shall not be painted on; minimum thickness of three and five-eighths-inches when applied as a veneer; shall include light weight and featherweight concrete block or cinder block units.
(7)
Precast concrete panels.
Includes products often associated with tilt up wall construction but only allowed if post-constructed wall areas are textured or patterned or covered by defined masonry materials that can be laid up unit by unit set in mortar and meet the required percentage of coverage as defined in this article.
(8)
Fiber cement siding.
A manufactured, fiber-reinforcing product made with an inorganic hydraulic or calcium silicate binder formed by chemical reaction and reinforced with organic or inorganic nonasbestos fibers, or both. Fiber cement siding products have either smooth or textured faces and are intended for exterior wall and related applications (such as “Hardy Plank” or “Hardy Board”).
(9)
Stucco.
Conventional three-step hard coat stucco with a minimum thickness of seven-eighths-inch.
(10)
Front elevation.
The main entrance based on physical address of the property.
(Ordinance O-2013-001, sec. 2(exh. A), adopted 1/8/13)
The International Existing Building Code, 2015 edition, as amended, including appendices as published by the International Code Council, Inc., an authentic copy of which will be kept on file as an official record of the city, is hereby adopted and made part of this article, except as follows:
(1)
Section 101.1 is hereby amended to read as follows:
101.1 Title. These regulations shall be known as the existing building code of the City of Magnolia, Texas, hereinafter referred to as “this code”.
(Ordinance O-2017-008, sec. 2(exh. A), adopted 3/14/17)
(a)
The fee schedule for permits required under any of the codes adopted in this article shall be the fees prescribed or recommended in the code adopted, as amended, and if no fees are prescribed or recommended, then the fees shall be in accordance with the schedule of fees as established from time to time by the city council of the City of Magnolia. If there is a conflict between fees prescribed or recommended in the code with those set by the city council, then in such instance the fees set by city council will prevail. If there is a conflict between fees prescribed or recommended in the adopted code or set by city council and any fees set by state law, then fees set by state law will prevail.
(b)
The designated official of the City of Magnolia in the Code of Ordinances who has duties corresponding to those of the named official in said codes shall be deemed to be the responsible official in so far as enforcing the provisions of said are concerned.
(c)
Any person or entity who shall violate any provision of this article, or any provision contained in any code adopted hereby, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed $2,000.00. Each day of violation of any such provision shall constitute a separate offence.
(d)
The imposition of a fine under this article shall not prevent the revocation, suspension or denial of any permit issued or granted by the City of Magnolia, nor shall it be deemed to prevent impede or delay the rights of the city to proceed in any other court of competent jurisdiction to secure equitable relief, including but not limited to, injunctions or to file suits in the name of the city or as a member of a class for damages or other relief as provided for by law.
(e)
Any person or corporation who permits, aids, assists or employs another person or corporation in doing any prohibiting or failing to do any act as shall be required in this article shall be deemed in violation of this article, as if such person or corporation had actually committed such act or failed to actually perform such act as herein required.
(f)
When any portion of the codes adopted in sections 14-136 through 14-144 and section 14-146 conflicts with state law or any other code or ordinance adopted by the city, the most restrictive requirements shall apply.
Editor’s note–Section 2(exh. A) of Ordinance O-2017-008, adopted March 14, 2017, renumbered and amended former sec. 14-146 as sec. 14-147.
(Ordinance O-2013-001, sec. 2(exh. A), adopted 1/8/13; Ordinance O-2017-008, sec. 2(exh. A), adopted 3/14/17)
