(a)
For
the purposes of this division “the board” shall mean the
model codes and construction advisory board of the City of Lubbock,
Texas.
(b)
The
“national model codes,” for the purposes of this division,
are those publications typically developed, promulgated and periodically
updated at a national level by organizations made up of industry and
government fire and building safety officials through a legislative
or consensus process and intended for consideration by units of government
as local law. Such codes include, but are not necessarily limited
to, the building code, fire code, residential code, plumbing code,
mechanical code, fuel gas code, energy conservation code, and existing
buildings code as published by the International Code Council, Inc.
(ICC), and NFPA 70 (The National Electrical Code), as published by
the National Fire Protection Association.
(1983 Code, sec. 2-406; Ordinance 2006-O0080, sec. 1, adopted 8/10/2006)
There is hereby created and established a board to be known
as the model codes and construction advisory board.
(1983 Code, sec. 2-407; Ordinance 2006-O0080, sec. 1, adopted 8/10/2006)
(a)
The board shall be composed of thirteen (13) members, including
twelve (12) standing members who shall be appointed by the city council,
and one (1) "technical alternate" position to be selected by the board
(depending on the subject matter of the proposed amendment or code)
from a list of various technical experts recommended by city staff
and approved by the board.
(b)
Members of the board shall include:
(1)
An active builder of single- and/or two-family housing with
builder membership in the West Texas Home Builders Association;
(2)
A Texas-licensed architect in the City of Lubbock;
(3)
A commercial general contractor active in the City of Lubbock;
(4)
A current building facilities manager for a major institutional
or educational facility within the jurisdiction of the City of Lubbock
(example: University Medical Center, Covenant Health Systems, school
district, or facilities of similar use and magnitude);
(5)
An owner or management company representative of multifamily
housing with membership in the Lubbock Apartment Association;
(6)
A citizen of the City of Lubbock;
(7)
Two (2) Texas-licensed engineers in the City of Lubbock, with
preference given to a structural engineer;
(8)
A Texas-licensed HVAC contractor in the City of Lubbock;
(9)
A Texas-licensed electrician in the City of Lubbock;
(10)
A Texas-licensed plumber in the City of Lubbock;
(11)
A developer in the City of Lubbock; and
(12)
A technical alternate, who shall be a working representative
of the trade or profession directly affected by the particular area
of the code provisions under consideration at the time, with preference
given to individuals representing the requisite local trade or professional
organization/association.
(c)
In order to ensure appropriate representation of the broadest
possible cross-section of the community, every attempt will be made
to limit dual representation of any organization, business entity,
trade group, or profession among the board members, except as specifically
set forth in the member qualifications. Areas of technical expertise
for the technical alternate position include, but are not necessarily
limited to, life safety, fire protection, plumbing, electrical, mechanical,
structural, and general building (nonstructural). Where appropriate,
depending upon the code provision(s) under consideration, the technical
alternate shall be drawn from the one- and two-family construction
sector or the commercial construction sector.
(d)
Initially, four members shall be appointed to two-year terms,
four members shall be appointed to three-year terms, and four members
shall be appointed to four-year terms. Future appointments shall be
for a term of three (3) years or the remainder of an unexpired term.
All members appointed shall be resident citizens of Lubbock or representatives
of the City of Lubbock business community at the time of their appointment
and during their term of office.
(e)
Subsequent to the appointment of the first standing members,
the board shall elect from their membership a chairperson and vice-chairperson.
The chief building official and the fire marshal, or their designees,
shall serve in an advisory capacity as ex-officio members of the board.
(1983 Code, sec. 2-408; Ordinance 2006-O0080, sec. 1, adopted 8/10/2006; Ordinance 2023-O0136 adopted 10/24/2023)
(a)
Board
meetings will be held as necessary when presented with a staff or
board proposal to adopt or amend one or more model codes. A simple
majority shall constitute a quorum. The board will make every effort
to invite testimony from all affected parties and technical experts
before voting to recommend adoptions or amendments to the codes.
(b)
A
majority vote of the quorum shall be required for any action to be
taken by the board. Standing board members and the technical alternate
shall be voting members. Staff liaison members are advisory only.
(1983 Code, sec. 2-409; Ordinance 2006-O0080, sec. 1, adopted 8/10/2006; Ordinance 2023-O0136 adopted 10/24/2023)
(a)
The board is charged with the responsibility to review the technical
provisions of the national model construction codes periodically proposed
by city staff for adoption or amendment, and to forward its recommendations
to the city council for final consideration and action.
(b)
In performing its duties, the board shall solicit and give due
regard to the input of affected parties, including those not associated
with the construction industry, subject-matter experts, and particularly
city staff charged with the administration of the regulations under
consideration. The board shall also solicit input and assistance through
available trade organizations and professional associations representing
the technical areas governed by the model code requirements under
consideration.
(c)
Where not otherwise prohibited by law, the board may consider
local amendments to the national model codes, whether proposed by
city staff or other parties. In considering any such amendments, the
board shall use the national model codes as a baseline, and shall
exercise appropriate due diligence, as well as compliance with any
federal or state mandate to adopt or maintain a certain code. In deliberating
the appropriateness of local amendments, due regard shall be given
to the potential effect on the public health and safety, the continued
maintenance and long-term viability of the city's building stock,
the impact on economic development and housing affordability, the
maintenance of parity and equity with other jurisdictions, and the
potential effects on insurance ratings.
(d)
Local amendments that may be construed as reducing safety levels
below that established by the unamended model codes, as determined
by appropriate city staff, shall be accompanied by the board's comments
when forwarded to the city council for final consideration. The city
official charged with the administration of the amended provision
may prepare a full report and recommendation to the city council.
(1983 Code, sec. 2-410; Ordinance 2006-O0080, sec. 1, adopted 8/10/2006; Ordinance 2023-O0136 adopted 10/24/2023)
If, for any reason, any of the members of the board shall be
unable to act, or shall resign from their respective positions, or
shall be removed for any cause, then the city council shall appoint
a successor or successors who shall fill out the unexpired term, or
until respective successors shall be appointed. Any appointed member
of the board may be removed as a member by a majority of the city
council.
(1983 Code, sec. 2-411; Ordinance 2006-O0080, sec. 1, adopted 8/10/2006)
