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).
(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)