Cityof West University Place  Public Works Department  BSC Meeting Agenda  Notice is hereby given ofa regular meeting of the Building and Standards Commission of West University Place to be held on Thursday, August 22, 2024, at 6:00 p.m. ini the Municipal Building, 3800 University Boulevard, West University Note: The Commission reserves the right to convene in a closed session, for any agenda item ifthe need arises  Place, Texas, for the purpose ofc considering the following agenda items:  pursuant to authorization by Title. 5, Chapter 551, ofthe Texas Government Code  CALLTOORDER  1. Notices, Rules, Etc. Matters relating to notices, rules and meeting procedures, identifying parties, swearing of  witnesses, etc. 2. Public Comments.  This is an opportunity. for citizens to speak relating to agenda items. The speaker can either speak at this time or defer his/her comments until such time the item is discussed. Public comments must be kept relevant to the subject before the Board. The presiding officer shall rule on the relevance of comments. Persons making irrelevant, personal, impertinent, or slanderous remarks may be barred by the presiding officer. from, further comment before the Boardduring the meeting. Speakers must limit the presentations to three minutes each. 3. Discussion Items from City Council. Discuss, review, and consider action on amending the City's ordinance  with regards to the following matters:  Definition of Structure: Review to determine whether modifications are needed to clarify the definition ofwhat constitutes a "structure". with the International Residential Code, specifically one built and Driveway Building Materials: Consider additional pervious materials to be allowed in lieu of concrete driveways and remove requirement for special exception for use of alternative materials. Electrical Code: Review to determine whether modifications are needed to update Code to include 2020 National Electrical Code and 2021 International Residential Code information. Fire Code: Review to determine whether modifications are needed to strengthen a structure's fire HVAC Unit Location: Evaluate existing code to clean up ambiguity where HVAC units can Irrigation Systems: Review to determine whether modifications are needed to the requirements for commercial and residential irrigation systems to ensure consistency with Major Remodels - Certificate of Occupancy: Review to determine whether modifications are needed tor require Certificate of Occupancy for major emodeisfrenovations prior to the occupants moving  constructed in a fixed location.  resiliency on certain sized homes and uses. and cannot be installed. State law.  back into the structure.  3826 Amherst St. West University Place, TX 77005 713-662-5830  .estulx.gou    City ( of West University Place  Public Works Department  Noise ordinance: Review to allow generators to be used during a power outage and requiring they be installed with a sound attenuated enclosure regardless of distance from property line. 4. Executive Session (if necessary). The Commission reserves the right at any time during the session to convene in a closed session pursuant to Chapter 551 oft the Texas Government Code, for reasons including but not limited to: Section 551.071 (consultation with legal counsel to seek or receive legal advice or consultation regarding pending or contemplated litigation); Section 551.087 (deliberation regarding economic  development).  5. Convenei into Open Session. Take action, ifany.  ADJOURN  In compliance with the Americans with Disabilities Act, ifyou plan to attend this public meeting andj you have a disability that requires special arrangements, please contact the person that signs this below at least 24 hours prior to the meeting so that reasonable accommodations can be made to assist inj your, participation in the meeting. The Municipal Building is wheelchair accessible from the west entrance and. specially marked parking. spaces are available in the southwest, parking Icertify that the attached notice and agenda ofitems to be considered by the West University Place Building and Standards Commission on August 22. 2024. was posted on the Municipal Building bulletin board on or before August 19. 2024, at  area. Specialseating will be provided in the Meeting Chambers.  6:00p p.m.  Danny Cameron Public Works Director, camcerom@esturx.gov 713-662-5846  3826. Amherst St. West University Place, TX 77005 713-662-5830  e.tuestuta.gor    DEFINITION  OF  STRUCTURE    Sec. 18-272. Definitions.  Unless specifically defined below, words or phrases used in this article shall be interpreted to give them the Alluvial fanj flooding means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex andi is characterized by high-velocity flows; active processes of erosion, sediment transport, Apex means a point on an alluvial fan or similar landform below which the flow path of the major stream that Appurtenant structure means a structure whichi is on the same parcel of property as the principal structure to Area offuture conditions, flood hazard means the land area that would be inundated by the one- percent- Area of moderate, flood hazard means the land between thel limits of the base flood and the 0.2- -percent- annual-chance (or 500-year) flood. They are shown on flood maps as zones labeled with the letters B or) X. Area of shallow flooding means a designated. AO,A AH, AR/AO, AR/AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent or greater annual chance off flooding to an average depth of one to three feet where ac clearly defined channel does not exist, where the path of floodingi is unpredictable and where Area of special flood hazard means thel land in the floodplain within a community subject to ac one percent or greater chance of floodingi in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed rate making has been completed inj preparation for publication of the FIRM, zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99,AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A,VO,V1-30,VE Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Base flood elevation (BFE) means elevation shown ont the flood insurance rate map (FIRM) and found in the accompanying flood insurance study (FIS) for zones A, AE,AH,A1-A30, AR, V1-V30, or VE that indicates the water surface elevation resulting from the flood that has a one percentchance of equaling or exceeding that level in any Basement means any area of the building having its floor subgrade (below ground level) on alls sides. Breakaway wall means ay wall that is not part of the structural supporto of the building andi is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the Critical facility means a structure or other improvement that, because ofi its function, size, service area,or uniqueness, has the potential to cause serious bodily harm, extensive property damage, or disruption of vital socioeconomic activities ifitis destroyed or damaged or if its functionality is impaired. Critical facilities include health and safety facilities, utilities, government facilities, and hazardous materials facilities. Critical feature means an integral and readily identifiable part of af flood protection system, without which the flood protection provided by the entire system would be compromised. Development means any manmade change to improved and unimproved real estate, including, butr not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drillingoperations  meaning they havei in common usage andt to give this article its most reasonable application.  and deposition; and unpredictable flow paths.  formed the fan becomes unpredictable and alluvial fanf flooding can occur. bei insured and the use of which isi incidental to the use of the principal structure. annual chance (100-year) flood based on future conditions hydrology.  velocity flow may be evident. Sucht floodingi is characterized by ponding or sheeti flow.  orv.  given year also called the base flood.  elevated portion of the building or supporting foundation system.  or storage of equipment or materials.  Created: 2024-07-14 13:49:33 [EST]  (Supp. No. 45)  Pagelof5    Elevated building means, for insurance purposes, a nonbasement building, which has its lowest elevated floor, raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Existing construction means for the purposes of determining rates, structures for which the' "start of construction" commenced before the effective date oft the FIRM or before. January1,1975, for FIRMS effective before that date. "Existing construction" may also be referred to as' "existing structures." Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at aminimum, the installation of utilities, the construction ofs streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted bya Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including thei installation of utilities, the construction of streets, ande either final site grading or the pouring of concrete Five-hundred- year floodplain elevation means the elevation of surface water resulting from af flood that hasa 0.2-percent chance of equaling or exceeding that leveli in any given year. The 500-year floodplain elevation is Flood or flooding means ag general and temporary condition of partial or complete inundation of normally dry land  community.  pads).  shown on the flood insurance rate map for zones Ba and X( (shaded).  areas from:  (1) The overflow ofi inland or tidal waters.  (2) The unusual andi rapid accumulation or runoff of surface waters from any source. Flood elevation study means ane examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of Flood insurance rate map (FIRM) means an official map ofa a community, on which the Federal Emergency Management Agency has delineated botht the special flood hazard and moderate flood hazard areas andt the risk  mudslide (i.e., mudflow) and/or flood-related erosion hazards.  premium zones applicable to the community.  Floodi insurance study (FIS): See' "flood elevation study".  Flood protection system means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order tor reduce the extent of the area within a community subject to a "special flood hazard and moderate flood hazard" and the extent of the depths of associated flooding. Sucha a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood-modifying works are those constructed in conformance with Floodplain or floodprone area means any land area susceptible to beingi inundated by water from any source Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood control works and Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as at floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describessuch: state or localr regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.  sound engineering: standards. (see definition of flooding). floodplain management regulations.  Created: 2024- 07-14 13:49:33 [EST]  (Supp. No. 45)  Page 2of5    Flood protection system means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent oft the area within a community subjectt to a "special flood hazard" and the extent oft the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood-modifying works are those constructed in conformance with sound engineering: standards. Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary  facilities, structures and their contents. Floodway: See' "regulatory floodway."  Functionally dependent use means a use, which cannot performi its intended purpose unless itisl located or carried outi ino close proximity to water. The termi includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next (1) Listedi individually in the National Register of Historic Places (al listing maintained byt the Department of Interior) or preliminarily determined byt the Secretary of the Interior as meeting the requirements for (2) Certified or preliminarily determined byt the Secretary of the Interior as contributing to the historical significance ofa registered historic districtora a district preliminarily determined by the Secretary to (3) Individually listed on as state inventory of historic places in states with historic preservation programs (4) Individually listed on al local inventory or historic places in communities with historic preservation a. By an approved state program as determined by the Secretary of the Interior; or b. Directly by the Secretary oft the Interior ins states without approved programs. Levee means a manmade structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert thei flow of water so as to provide Levee system means at flood protection system which consists of al levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement areai is not considered al building's lowest floor; provided that such enclosure is not built so ast to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Manufactured home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities.  include long- term storage or related manufacturing facilities.  to the proposed walls ofa a structure. Historic structure means anys structure that is:  individual listing ont the National Register; qualify as a registered historic district;  which have been approved by the Secretary oft the Interior; or programs that have been certified either:  protection from temporary flooding.  practices.  Insurance Program regulations.  The term' "manufactured home" does not include a"recreational vehicle".  Created: 2024- 07-14 13:49:33 [EST]  (Supp. No. 45)  Page3of5    Manufactured home park ors subdivision means ap parcel (or contiguous parcels) of land divided into two or Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of1929, or other datum, to which base flood elevations shown ona a community's flood insurance  more manufactured home lots for rent ors sale.  rate map are referenced.  Moderate flood hazard area: See area ofr moderate flood hazard.  New construction means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of ani initial FIRM or after December 31, 1974, whichever isl later, andi includes any subsequent improvements to such structures. Forf floodplain management purposes, "new construction" means structures for which the' "start of construction" commenced on or after the effective date ofaf floodplain management regulation adopted bya community and includes any subsequent improvements New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including ata minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date off floodplain management regulations adopted bya  tos such structures.  community.  Recreational vehicle means a vehicle whichi is: (1) Built on a single chassis;  (2) Four hundred square feet or less when measured att the largest horizontal projections; (3) Designed to be self-propelled or permanently towable by al light duty truck; and (4) Designed primarily not for use asa permanent dwelling but as temporary living quarters for Regulatory. floodway means the channel of a river or other watercourse and the adjacent land areas that must be reservedi in order to discharge the base flood without cumulatively increasing the water surface elevation Riverine means relating to, formed by, or resembling: a river Includingtributares), stream, brook, etc. Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub.L L.9 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days oft the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement ofa manufactured home on af foundation. Permanent construction does not include land preparation, such as clearing, gra ading and filling; nor does it include the installation of streets and/or walkways; nor does iti include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor doesi it include the installation ont the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For as substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or noti that alteration affects the external dimensions Structure means, for floodplain management purposes, av walled and roofed building, including a gas or liquid  recreational, camping, travel, or seasonal use.  more than a designated height.  Special flood hazard area: See' "area of special flood hazard."  of the building.  storage tank, that is principally above ground, as well as a manufactured home.  Created: 2024- 07-14 13:49:33 [EST]  (Supp. No. 45)  Page 4of5    Substantial damage means damage of any origin sustained byas structure whereby the cost ofrestoring the structure toi its before-damaged condition would equal or exceed 50 percent oft the marketvalue of the structure Substantial improvement means anyr reconstruction, rehabilitation, addition, or other improvement ofas structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" oft the improvement. This term includes structures which have incurred 'substantial damage", regardless of the (1) Any project for improvement ofa a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have beeni identified by the local code enforcement official (2) Any alteration ofa' "historic structure", provided that the alteration willr not preclude the structure's Variance means a grant of reliefb by a community from the terms ofa floodplain management regulation. (For Violation means the failure ofa as structure or other development to be fully compliant with the community's floodplain management regulations. A: structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.30b)5),(c(4), 0.00,019.1010.1014.or Water surface elevation means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of (Ord. No. 18,514pp.A,792002 Ord. No. 0651APPA.341202 Ord. No. 3042,93,123-2023)  before the damage occurred.  actual repair work performed. The term does not, however, include either:  and which are the minimum necessary to assure safe living conditions; or  continued designation as a "historic structure."  fullrequirements: see: Section 60.6 of the National Flood Insurance Programregulations)  (e)(5)isp presumed tol be in violation until sucht time ast that documentation is provided.  coastal or riverine areas.  Created: 2024-07-14 13:49:33 [EST]  (Supp. No. 45)  Page5of5    DRIVEWAY  MATERIALS    Sec. 70-60. General driveway and sidewalk requirements.  (a) Where there are tree canopies overhanging any portion ofas sidewalk to be constructed, a root protective layer ofs six mil poly shall be placed on top of the ground under the rebar to protect any tree root system that could be damaged by the sidewalk concrete. No tree roots of one-inch diameter or larger shall be cutor (b) No water meters, water valves, hydrant valves or cleanouts shall be installed inj paved areas unless approved (c) On side streetentry garages, the garage door must be a minimum of 181 feet from the property line abutting (d) Any driveway parking space required by the city's zoning code shall not encroach into the streetr right-of-way. (e) Sidewalks shall run parallel tot the curb and be located at or as near the property line as possible unless (f) The building official may approve the use of decomposed granite in place of concrete upon the request ofa property owner ift the urban forester determines that the use of decomposed granite is necessaryt to preserve a protected tree, the property owner agrees to maintain the decomposed granite and the property owner agrees to replace the decomposed granite with concrete should the protected tree die or be  damaged byt the sidewalk construction without approval of the urban forester.  inv writing by the building official. the side street.  otherwise approved in writing by the building official.  removed.  Created: 2024- 07-14 13:49:40 [EST]  (Supp. No. 45)  Page 1of2    R.0.W.    City of West University Place Alternatives for Permeable Driveways  6/25/2024  Pervious Concrete General Description:  Pervious concrete is a porous material that is made from a mixture of stones and concrete. Iti isa Portland cement-based, rigid permeable pavement that serves as the surface layer of a stormwater management system, acting as a water filtration system. Beneath the pervious concrete is the second layer of stormwater system, the base rock, which is an open-graded, stone layer that is used for temporary: stormwater detention. When rain falls, the pervious concrete allows on-site infiltration of stormwater. It also filters sediments and pollution from stormwater deposited on the pavement: surface. Pervious concrete has a similar look andi feel to concrete but water can easily permeate.  Pros:  Surface is ADA-compliant and meets EPA stormwater regulations.  Cons:  Requires maintenance to keep sediment from accumulating in the pores. Sediment accumulation will Because this permeable surface is a filter, like any filter it must be cleaned periodically. Cleaningi is performed by vacuuming to remove sediments that have accumulated. The frequency of the vacuuming isd directly related to the amount ofs sediment that the surface receives over time. Sometimes the accumulation of sediment can be too deep for repairs causing it to become  impact the permeability of the concrete.  impermeable and in need of replacement.  Example:    Permeable Pavers General Description:  Permeable pavers are interlocking pavement systems that allow water to flow into layers of aggregate underneath. Pavers are spaced with a gap between units which allows infiltration of water. The pavers can be made into any arrangement and include a wide range of possible material options. The permeable paver section typically includes base stabilization, 6" to 8" of clear open-graded stone, pavers set on top with an open graded stone chip material as jointing infill. Depending on paver type, an edge restraint or concrete curb would be placed on both sides of the driveway.  Pros:  Easily made ADA compliant if pavers are less than %-inch apart. Large variety of paver options and patterns. with standard vacuuming equipment.  Ease of maintenance and repairs. Pavers can be easily removed and reinstated, utility cuts can be completed without affecting the pavement life (no patches), and surface cleaning can be completed  Cons:  Could experience damage in freezing temperatures due to water expansion.  Because of the open nature of the surfaces, permeable pavements clog with sediment and debris over time, thereby decreasing the infiltration rate. The rate of decrease depends on sources of deposited sediment. Routine inspections should take place to document surface clogging. Maintenance includes  vacuum-sweeping to remove sediment.  Examples:  ECO-OPTILOC" Permeable PaversIUnilock Ontario  ECO-PRIORA" PREMIER Pavers, Permeable Pavers Ontario Unilock  Porous /Permeable Concrete Pavers & Pavement/Powerslock/EcorasterlHouston.Austin.SanAntonio.  Dallas, New Orleans] Construction! EcoServices Permeable Pavers for Patio or Driveway/Belgard    Grass Pavers with Plastic Grid General Description:  Permeable plastic or concrete grids infilled with grass which facilitate grass growth. Provides a permeable stabilized surface able to withstand residential traffic loading. Plastic grids are made from 100% post-consumer recycled HDPE with a sub-base composed of a base rock with 40% void space. Plastic grid paver installation includes stabilized subgrade geofabric, base rock, plastic grid, and sod.  Pros:  The grid reinforces structural integrity of the grass and reduces mud accumulation.  Effectively reduces the heat island effect because the grass fully absorbs and uses the heat instead of  reflecting it. ADA compliant  Natural finish which increases green space  Cons:  Subgrade soils with poor permeability require drainage such as perforated pipe or drain with outlet. Requires regular maintenance such as weeding, mowing, and watering. This is not the best option for The grid increases the load bearing capacity of the grass, but this type of surface is not suitable for  drought prone areas. high-traffic areas.  Examples:  Permeable Pavers Gravel or Grass Infill Commercial PaMingITRUEGRID.truegtidpaver.com)    Turf Pavers General Description:  Concrete pavers which allow for natura grass to grow between thei individual stones. Allows rainwater to filter through the bricks into the soil. Suitable for low-vehicular use areas that need structural strength but benefit from the appearance of green space. Typically include 40-percent open design. Turf pavers usually include an uncompacted subgrade soil, optional geofabric, underdrain (as required), open-graded subbase reservoir, open-graded bedding course, and concrete pavers (which  can bei infilled with grass or a permeable joint material)  Pros:  The grid reinforces structural integrity of the grass and reduces mud accumulation.  Effectively reduces the heat island effect because the grass fully absorbs and uses the heat instead of  reflecting it. ADA compliant  Natural finish which increases green space Helps with erosion and preserving the soil underneath  Cons:  Requires regular maintenance such as weeding, mowing, and watering. This is not the best option for The grid increases the load bearing capacity of the grass, but this type of surface is not suitable for  drought prone areas. high-trafficareas.  Examples:  TURFSTONEM Pavers, Permeable Pavers Ontario I Unilock TurfStone Pavers For Driveways & PatoalMunulaetalkscom    Gravel Pave- Permeable Plastic Grid with Gravel  General Description:  Gravel pave driveways include an even layer of gravel overlaid with 100% post-consumer recycled HDPE plastic grids that are filled and covered with more gravel. Gravel is typically! 5/8" or X" fillr rock. The type and amount of gravel is up to the customer, gravel can be layered on top of the grid to hide Plastic grid paver installation includes stabilized subgrade geofabric, base rock, plastic grid, and rock. Robust surface for parking and driving while also effectively managing stormwater and runoff.  the look oft the plastic grid.  Pros:  Variety of gravel options depending on desired finish look  Cons:  The grids increase stability and prevent most erosion, but the top layer of gravel may need refilling Similar to the pervious concrete, sediment may accumulate which may impact the filtration of the  over time. water. Examples:  Permeable Grass & Driveway PaversIGravel Pavers-TRUEGRID Pavers        ELECTRICAL  CODE    Electrical Code Chapter 26: It's suggested that we remove this section, which was added in 2009 and instead specify compliance with the 2020 NEC and 2021 IRC for cleaner and  updated regulations.    Sec. 26-26. - Permitted types of wiring.  Any type of wiring or wiring system may be used int the city if approved by the electrical ordinances,  except where specifically prohibited herein.  (Code 2003,58.017)  Sec. 26-27. - Certain circuits, plugs required.  Window air conditioners. All window air conditioning units, whether to be operated on 110vac or 220vac current, shall be installed with and bonded to a polarized plug, and Number 10 AWG wire minimum for  220vac shall be used in bonding said air conditioning unit to the said polarized plug.  (Code 2003, S 8.018; Ord. 1963, S 1(Exh. B), 10-22-2012)  Sec. 26-28. - Meters.  (a) Tiers. On apartment buildings, where space limitations will not permit placing all meters at the same height, they may be arranged ini two tiers, with the openings for the meter dials in lower tier as near as practicable to five feet above mean ground level and second tier placed as near as practicable above the first. Where space limitations will not permit placing of meter cabinets as outlined above, the electric public service company, subject to the approval of the building official, may determine the arrangement to be used. All service outlets shall be located sO as to permit placing the electric public service company's service wires on the wall of the building next (b) Street side meters. The electric public service company shall never require the placing oft the meter on the front or street side of a building, without the written consent of the owner, and where not practical in the opinion of the building official to place metering devices on the exterior of the building, said location shall be at a point, or points, convenient to the electric public service  tot the supply.  company's service as determined by the building official.  (Code 2003, $8.019)  Sec. 26-29. - Minimum size of service conduit.  Service conduit for any occupancy shall not be smaller than 1.25 inches, unless specifically approved  otherwise by the building official. (Code 2003, S 8.020)  Sec. 26-30. - Distribution system limitation.    For the purpose of this article, the distribution system of any person furnishing electric power shall not extend to any property which such person does not own ini fee simple or control by easement.  (Code 2003, $8.021)  Sec. 26-31.-T Tampering with fuses, circuit breakers. It shall be unlawful for any person:  (1) To bridge, tamper with or change from its original installation (except upon the approval of the building official, and then only after a proper permit for alteration has been issued) any fuse of the plug, cartridge type or link type installed in panel boards, main switches or (2) To alter or change circuit breakers SO that the original calibration will be affected; or (3) To tie down or secure any circuit breaker sO that it will not function properly.  switchboards;  (Code 2003, S 8.022) Sec. 26-32. - Outside switches.  Switches and equipment installed on the outside of the building in a recess in the outside wall and covered by a door as part oft the building structure shall be considered as being on the exterior of the  building and exposed to the weather.  (Code 2003, S 8.023)  Sec. 26-33. - Service entrance conductors.  In any residence, apartment, apartment house, commercial building or other building of whatsoever character now existing or to be constructed within the city, all service entrance conductors, including underground conductors, shall have a minimum current-carrying capacity of 150 amperes. On buildings with  existing service, this requirement shall apply when:  (1) Load is added or modified; (3) An unsafe condition exists. underground lateral.  (2) An existing service is found to be inadequate for demand; or  (4) When replacing main service panel, all-service disconnect, service riser, or service Exception: Existing dwellings with a framed area of less than 1,500 square feet may have  conductors with a minimum current-carrying capacity of125 amperes.    (Code 2003, S 8.024; Ord. No. 1896, 51,5-11-2009)  Sec. 26:34.-Allservice disconnect.  Ine every building now existing or to be constructed within the city, there must be an' "all-service disconnect" accessible on the outside of the building and located as close as practicable to the meter. It shall consist of one: switch or circuit breaker having a continuous current rating of no less than 150 amperes. On buildings with existing service, this requirement shall apply when load is added or modified or whenever an unsafe condition exists or when replacing main service panel, all-service disconnect, service riser or service underground lateral. Exception: Existing dwellings with a framed area of less than 1,500 square feet may have a main 'all-service disconnect" with a minimum continuous current rating of 125 amperes.  (Code 2003, S 8.025; Ord. No. 1896,51,5-11-2009) Sec. 26-35. V Wires, cables, conductors and circuits.  (a) Wires, cables and conductors. Notwithstanding any other code provision or ordinance to the contrary, it shall be unlawful for any person to installed or use any of the following in connection  with electrical work for any structure in the city: (1) Any wire other than solid or stranded copper; (2) Anywire smaller than gauge 12 AWG; (4) Armored cable, type A/C;  (3) Any wire without a separate ground, either in the same cable or in the same conduit;  (5) MC cable, unless the exterior armor is color-coded blue its entire length by the manufacturer (6) Nonmetallic sheathed cables, as listed in article 334 of the NEC (2008 ed.), but this prohibition only applies to multifamily dwellings with more than one floor above grade; or (7) Nonmetallic sheathed cables, as listed in article 334 of the NEC (2008 ed.), except in buildings used and occupied exclusively for residential purposes (without any nonresidential  to distinguish it from other flexible metallic conduit systems;  occupancies or mixed uses, even if only accessory or incidental).  (b) Circuits. Notwithstanding any other code provision or ordinance to the contrary, it shall be unlawful for any person to install or use more than ten openings (outlets or fixtures) on any single  electrical circuit for any structure in the city. (1) wire smaller than gauge 12AWG; or (2) wire lacking a separate ground; or  (c) Old work. In any proceeding to enforce this section with respect to:  (3) having more than ten openings on a single circuit;    It shall be an affirmative defense that the item was installed in strict accordance with an electrical  permit issued by the city prior to September 1, 1994.  (Code 2003, 58.026; Ord. No. 1896,51,5-11-2009)  Sec. 26-36. - Grounding, GFCIs, etc.  (a) supplementaigrounding On any new: service or change-out service there must be a grounding electrode conductor sized per table 250.66 of the NEC (2008 ed.).  supplemental grounding electrode as specified in article 250.52(A) of the NEC (2008 ed.), with the (b) Certain GFCIS. The ground-fault circuit-interrupter required for a hydro-massage bathtub by Section 680.71 oft the of NFPA 70 (2008 ed.) may not be located under such a bathtub and must  be readily accessible.  (Code 2003, 58.027; Ord. No. 1896,51,5-11-2009) Sec. 26-37.- Identification of apparatus, appliances, etc.  The manufacturer's name, trademark or other identification symbol shall be placed on all electrical materials, apparatus, devices, appliances, fixtures and equipment used or installed ini the city.  (Code 2003, ,58.028)    FIRE  CODE    Sec. 30-11.- Fire code adopted.  The International Fire Code, as described ini the standard codes schedule, together with the amendments and exceptions there stated (fire code), is hereby adopted and ordained by reference and incorporated into  this chapter as fully as if copied herein.  (Code 2003, ,59.101)    HVAC  LOCATION    Sec. 54-41. Enumeration of specific noises.  (a) The following noises, among others, are declared to be loud, disturbing noises in violation ofi this article (this (1) The noise of any horn or signal device on any automobile, motorcycle, bus or other vehicle while noti in motion, except as a danger signal if another vehicle is approaching apparently out of control; the same noise made while in motion, except as a danger signal after, or as, brakes are being applied and deceleration of the vehicle is intended; any unreasonably loud or harsh sound created by means of any such signal device; and the sound of such device made for any unreasonable period of time. a. Any vehicular or portable radio, phonograph, disc player, tape player or any musicali instrument thati is plainly audible outdoors from a distance of 1001 feet or more (or 501 feet or more during b. Any loudspeaker or amplifier operated outdoors during residential quiet hours that is plainly "Plainly audible" means any sound that can be detected bya a person using his or her unaided hearing faculties. Example: Ift the sound: source under investigation is aj portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine thet title ofas song, specific words, or the artist performing the song. The detection of the rhythmic base component of the music is sufficient to constitute ap plainly audible sound. (3) The sound of any automobile, motorcycle or other vehicle so out of repair, so loaded or operated in such manner that it creates loudi noises such as spinning or squealing tires, grating, grinding, rattling or (4) The sound of any mechanical equipment installed at a fixedI location (examples: fans, compressors, a. When the equipment is operating, noise from the equipment is discernable at a point outside the boundaries of the site wherei iti is installed, and noise at that point is measured at al level of 70 b. Immediately before or after operation of the equipment, noise at the same point is measured at (5) The sound of a discharge into the open air of the exhaust of anyi internal combustion motor or engine, except through ar muffler or other device which will effectively prevent loud or explosive noises (6) Thes sound of any mechanical device operated by compressed air, except pneumatic drills, unless the (7) The sound produced by the erection, excavation, construction, or demolition of any building or structure, including the use of any necessary tools or equipment, if produced:  enumeration is neither exhaustive nor exclusive of other noises):  (2) The sound of:  residential quiet hours); or  audible from a distance of 501 feet or more.  other noise exceeding 85 decibels. condensers, pumps, generators, etc.), if:  dB(A) or higher; and alevel of 65 dB(A) orl lower.  therefrom.  noise thereby created is effectively muffled and reduced.  a. During residential quiet hours, unless the dB(A) limitation in subsection 54-40(1)(a) is satisfied, or the next sentence is applicable. Ift the soundi is produced during residential quiet hours ata at time authorized in writing by the building official, a decibel limit of 85 dB(A) shall apply during the time b. Outside residential quiet hours ift the sound exceeds 85 dB(A) when measured from the property line of ther residential property where the sound is being received. This decibel limit is not  period authorized byt the building official.  Created: 2024- 07-1 -141 13:49:38 [EST]  (Supp. No. 45)  Page 1of2    applicable when a current, valid permit has been obtained for1 the activities named and the (8) Any excessive noise made on any street adjacent to any school, institution of learning or court while thes samei isi in session, or adjacent to any hospital at any time, which noise unreasonably interferes with the working of any such institution, provided conspicuous signs are displayed in such street (9) Any loud ande excessive noise resulting from the loading or unloading of any vehicle or container, or the (10) The sound of any! bell, gong, whistle, siren, or other alarm or signaling device installed at at fixed location which is reasonably calculated to disturb a person of ordinary disposition if such person were a. Ane emergency: alarm operated by thet fire department or other governmental agency; b. An alarm system permitted and operated in compliance with applicable regulations, including  sounds are being produced outside of residential quiet hours.  indicating that the samei is as school, hospital or court street. opening or destruction of bales, boxes, crates or containers. int the vicinity thereof. Exceptions: This does not apply to:  automatic shutoff rules, see, e.g. chapter 26; or C. Any gong, bell or chime used in a religious observance or prayer.  (11) The sound of any drum, loudspeaker or other instrument or device used to attract attention to any (13) The sound made byl leaf blowers, lawnmowers and other lawn and garden maintenance equipment (14) The sound made byl lawnmowers or other lawn and garden equipment excluding leaf blowers operated outside residential quiet hours that exceeds 85 dB(A) measured at 251 feet from such equipment. (15) The sound made by any leaf blower operated outside residential quiet hours that exceeds 70 dB(A) from a distance of 50f feet utilizing the American National Standard Institute Methodology (ANSI B175.2). Any leaf blower that bears that certification shall be deemed to comply with any noise level limit of this subsection provided it operates as the manufacturer designed. Any operator of a leaf blower without this certification shall provide verification from the manufacturer confirming compliance with this subsection, and for the purpose of clarity, thel lack of such certification shalll be a  performance, show ors sale of merchandise.  (12) The sound made by loudspeakers or amplifiers on trucks or other vehicles.  when operated during residential quiet hours.  violation of this subsection.  (b) Int the event of any conflict between this section and section! 54-40, the provisions of this section shall  control.  (Ord. No. 2098, 51(App. A), 7-27-2020)  Created: 2024-07-14 13:49:38 [EST]  (Supp. No. 45)  Page 2 of2    General Rule: This schedule describes certain structures which are allowed to "project" into yards (or setbacks). It also provides special rules for calculating open and pervious areas affected by such structures. See the "Yards (or Maximum Allowed Projection (In Inches), Measured from Calculating Open Front Yard Rear' Yard Side Yard SFBufferyard  Table 7B-7. Projections Schedule  'setbacks")" andt the' "Open & Pervious Areas" tables.  Special Rules For &P Pervious Areas  Type of Structure  The Inside Edge of The Yard  Items above ground level: Eaves, cornices, roof extensions, "greenhouse" and bay windows (no floor space), window 15" See building space, window boxes, belt courses, window air conditioners and similar parts of buildings. Items ata and above ground level: Chimneys/fireplaces (with cross-sectional areas of8 8: square 15" feet or less) ands similar parts of buildings.  24"€ except that no item below the eave 15" See may be 36"t tot the SPL.See Notes 1.1 and 13. 12" except that no item below the eave may be 36"tot the SPL. See Notes11 and 13.  15": See and 13  The area does not count as open area.  sills, cantilevered Note1.1. Notes1.1 closert than Notes1.1  and1 13.  The area does not count as either open or pervious area. The area does not count as either open or pervious area. asp pervious area ifraini is allowed top pass through the deck. The area does pervious area.  Buildings and Attached Structures  15" See and 13.  15" See and 13.  Notes1.1 closer than Notes 1.1  Porches/platforms/d ecks higher than 14 0, but see inches, ands structures attached to abuilding.  similar Notel 1.2. OSeel Notes OSee Notes OSee Notes The area beneath See Note 1.1and 13. 1.1and1 13. 1.1and 13. a deck may count  1.1.  Steps not higher thant the firstf floor level.  120" See OSee Notes 0 See Notes 0. See Notes not count as Note1.1 1land 13. 1.1and13. 1.1and 13. either opend or  35    Items near ground level: porches, platforms and decks higher than: six inches but not higher than 14 inches, and similar structures attached to buildings Other parts of buildings and structures attached tob buildings. Sidewalks, patios, porches/platforms/d ecks, retaining walls, driveways, parking No limit, areas and: similar except that higher thans six inches; all underground structures. See also Table 78-3 regarding pervious pavement. Airo conditioning equipment, pool equipment, and similar freestanding mechanical equipment Utility meters and 0 related apparatus  The area counts as open area. The areal beneath a deck may count as pervious area ifraini is allowed to pass through the deck.  120" See No limit. OSee Note  See Note 1.1.  No limit  Note: 1.1.  13.  0, but see 0, but see 0,6 but see 0,6 buts see The area does  Notes 3and 4. See Notes 1.1 and 13.  Note. 3. See not count as Notes1.1 either open or and 13.  Note 2. See Note 1.1.  Note 5. See Note 13.  pervious area. The area counts as open area but not asp pervious area unless the materialis completely pervious to water. The area beneath a deck may count as pervious area if raini is allowed to pass throught the deck. See Table 7B-3. The area does not count as either openo or pervious area. The: area may count as both open area and pervious area. The area may count as both open area and pervious area. The: area may count as both opena area and pervious area.  Ground level and structures not underground items  decks may No limit not project more than 120"  No limit  No limit  0  See Note6 6. See Note6 6. 0  Mechanical Equipment  No limit  15" Nol limit but generally, see Note7.  12"  Basketball goals  120"  Nol limit  No limit  Certain Accessory Structures  Playground equipment  0  Nol limit 0  No limit  36    Thea area may count as both opena area and pervious area. The area does not count as either open or pervious area. The area counts as open area. Only the water area countsas pervious area. The: area may count as both pervious area. The: area may count as both open area and pervious area. The area does not count as either openor pervious area.  Flagpoles  120" 0, but see Notes8 8.1, No limit 8.2, and 12. 0 No limit but see Note 10. 24"  0  0 Nol limit, but see Notes8.1, 8.2and: 11. Note9 9. No limit but see  0  Fences  No limit  Swimming pools  0, but see 0, but see Nol limit  Note9 Nol limit buts see Note 10. Note 10. No limit Nol limit  Noi limit generally, but see Note 10. open area and No limit  Lightsand lampposts Gate closers  generally, generally, generally,  Signs (see Code of Ordinances)  Nol limit o  0  0  Note 1.1. Projections in QMDS. See QMDS Schedule () Itis neither designed nor usable for motor vehicles;  Note 1.2. Porch In Fronty Yard. On a building site ina residential distric ct with a front yard depth of 20 feet or more, ap porch (i) The volume oft the projecting part oft the porch does not exceed 50 cubicf feet per foot of front street! line (Example: the maximum projecting volume on a525 foot wide site would be 500 cubic feetx x52.5, or 2,625 cubicf feet); () The porch's outside perimeter is open and unobstructed, except for the following features: (a) Ordinary window screens. (b)As solid or partially opens safety rail not highert than35f feet abovet the porch floor. (c) Supporting vertical columns, ift the total width oft the outer faces oft the columns does not exceed either 50% oft the outside perimeter of the porch or 25% of the theoretical outside perimeter of a maximum-sized porch. The width of a column is measured: at itst thickest point above 3.5 feet above the porch floor. The 'maximum- sized porch" is 120i inches deep and extends from one sidey yard line to the other, but it IsI limited by the open area requirement for the front yard. The "outside perimeter" of a porch s the portion of the perimeter out in the front yard; it does not include the portion oft the perimeter adjacent toa a building orl lying along thet front setback line; (iv) At no point int the front yard does the porch have a height greater than the depth oft the front yard (Example: ifthe depth oft the front yardi is 20f feet, the maximum height in the fronty yard is also 20 feet); and (v) No projecting balcony or enciosed, habitable space shall be constructed or placed above the ceiling ofa projected Note 2. Gas Pipeline Sites A principal building may project into the fronty yardi if: (a) the building site includes land int the rear of the building site subject to a gas transmission easement thirty feet or wider that is actually traversed bya gas transmission (not distribution). pipeline: (b) no part of the principal building, except items that are otherwise allowed to project into front setback areas, is within twenty feet of the front street line; and (c) The entrance to  may project up to 120i inches into the front yardi ifitr meets allo oft the foil lowing criteria:  porch.  garage spacei is not closer than thirty feet to the fronts street line  37    Note 3. Buildings In Rear Yard or SF Bufferyard. AI building may bel locatedi inar rear yard or SF Bufferyard ifitr meets all of the following criteria: (a) No part oft the building may be closer than five feet tot the rear property line (or to any SF District, ifir ina SF Bufferyard). (b) Within tenf feet ofa another building sitei ina an SF District (whether ont the side, rear or otherwise), it may have no window, door or other opening above the ground floor (and facing the propertyl line of the other building site), except for translucent (but not transparent), non-operable openings. (c) Space in any projecting building may only be used fors single-family (detached) use. (d) Aprincipalt building may notp project unless the ground floor oft the projecting part is atl least 51 percent garage space, and there is no more than 600 square feet of building space, other than garage space, int the projecting part). See garage restrictions in Article 10. Note 4. Railway/Gas. Sites. Abuildingr may bel locatedi ina ar rear yardi if: (a) the yarda abuts land used for railway purposes or gas transmission (not distribution) pipeline purposes; (b) the building does not occupy any area subject to a utility easement or drainage easement, unless each entity claiming an interest in the easement grants its consent or acquiescence tot the encroachment; and (c) thet buildingi is ana accessoryl building. Ifthese criteria arer met, the normal Notes 5. Garagesi in. Side) Yards. Al buildingr mayp project toward ani interior side property linel (nota a side street line) ifitr meets all of the following criteria: (a) No part of the building may be closer than three feet to the side property line. Exception: Eaves may bea aso close ast twot feet. (b) The projecting part may onlyo contain garages space and: space above thes garage (plus stairway and eaves). (c) Any projecting part must be atl least seventy feet from the fronts street line. (d) Within ten feet of another building site in an SF District (whether ont the side, rear or otherwise), the building may have no window, door or other opening above the ground floor (and facing the property line of the other buildings site). Exception: Therer may be translucent (but not transparent), non-operable openings. REARYARD: Indicated equipment may projecti intoa areary yard onlyi if:( (a)separating thee equipmentf from: anyb building sitea acrosst ther rear lot! line, therei isas solid walla at! least onet foot! higher thanthel highest parto oft the equipment; (b) if the equipment occupies any part of an easement under the control of the City, the City has issueda a separate acquiescence ord consent tot the occupancy of the easement; (c) there has been formally grantedt to the citya any utilitye easement deemedr necessary by the City'schief utility official; (d)t the base ofthe equipment isn noth higher than 14i inches abovet the ground (Exception: The base may! be elevated to the minimum level of the lowest floor of the principal building, as established by the City's flood damage prevention ordinance, if that level is higher than 14 inches above the ground.) ); and (e)i ifl located within five feet of any property line, the equipment isf fullye encasedi inas sound-absorbing cabineto orisc otherwise designed and operated to comply SIDE YARD: Indicated equipment may projecti into ani interior ors street side yard (but not closer than threef feet toa property line) only ifitis is fully encased ina as sound-absorbing cabinet, ori is otherwise designed and operated to comply with the City's noise regulations; see Chapter 54 oft the Code of Ordinances. However, equipment replacing older equipment inas sidey yardr may project as close as 18i inchest toa a propertyi line, ifthef firer marshal determines that suchp projection willr nots significantlyi interfere with emergency access, either ont thes same site NEWA ANDI REPLACEMENT EQUIPMENT: These rules applyt to allr new: and replacement equipment. Exception: If older equipment was lawfully installed on an elevated structure in a rear yard, replacement equipment may be installed ont the same structure. Ift the oldere equipment was lawfullyi installed without the requireds separating wall, the wall must be provided, but itr may be either solid or atl least 50%: solid (e.g., lattice). All other rules Note 8.1 Fences. Fences may project into front and side yards to the extent expressly required or authorized by city ordinance (e.g., provisions in Chapter 18 of the Code of Ordinances; provisions in PDD: schedules for front fences). Also in the Code of Ordinances, there are: (i) requirements for emergency portals in fences (Chapter 18) and (ii) restrictions on fences, certain "fence-like hedges" and other things in visibility areas (Chapter 82). Ina QMDS low fences (3.5f feet or lower) may bel located anywhere, ifmade ofc ornamental metal or pickets. Note 8.2. Fence-like hedges. Fence- like hedges within the front yard (setback) of a building site containing no principal building are prohibited. This provisiona applies to alla adjacent side yard building sites and rear through building sites. Visibility triangles and visibility areas, as defined by this ordinance, are subject to further restrictions as contained Note 9. Swimming Pools. Excepta as specificaily allowed by another ordinance oft the Citys governing setbacks for swimming Note 10. Lampposts. Maximum diameter ofp projecting posts iss sixi inches; maximum! heighti ise eight feet.  restrictions for rear yard projections do not apply (see notes above).  Note 6. Equipment in Rear or Side Yard.  with the City's noise regulations; see Chapter! 54 oft the Code of Ordinances.  or on another site.  apply.  Note 7. Basketball Goals. No part of thee equipment may be closer than tenf feet toa any street line.  in Chapter 82 ofthe Code of Ordinances. pools and ppurtenances.  38    IRRIGATION  SYSTEMS    Current code only requires certified test reports be submitted for residential properties only when new or replacement systems are beingi installed. Discussion to determine if  reports should be required to be submitted yearly.    MAJOR  REMODELS-  CERTIFICATES  OF  OCCUPANCY    Sec. 18-9. - Certificates of occupancy.  (a) Generally. A certificate of occupancy is a type of permit. All oft the provisions of this chapter pertaining to permits apply with respect to certificates of occupancy, including, without limitation, the provisions relating to temporary or conditional permits and appeals to the BSC. (b) When required. Unless a certificate of occupancy authorizing the conduct in question is in effect (and not revoked, canceled or suspended), it shall be unlawful for any person to:  (1) Occupy any new structure;  (2) Change the occupancy of any structure, whether by changing ownership, changing tenancy or otherwise (Exception: this paragraph does not apply to single-family detached dwellings); (4) Otherwise change any place or activity in such a way that there would be a change in the (c) Application; contents. To obtain a certificate of occupancy, a person must apply to the building official. A certificate of occupancy, to be valid, must name a specific person as the holder of the certificate. The certificate shall only authorize that person and that person's spouse, dependents, (d) Conditions for issuance. The building official shall not issue a certificate of occupancy unless it  (3) Change the use of any structure; or  number of off-street parking spaces required by the zoning ordinance.  invitees and licensees to use or occupy the property described. appears that there has been substantial compliance with:  (1) Permit requirements and conditions (e.g., installation of trees, sidewalks, or other equipment  orf facilities);  (2) Requirements for site clean-up; and (3) All other applicable regulations.  (e) Supporting certificates. The building official may require the filing of sworn supporting certificates touching upon the matters ini this section as a condition of issuing a certificate. The supporting certificates may be required of the proposed certificate holder as well as architects, engineers, (f) Posting. A certificate of occupancy for any nonresidential building shall be continuously posted at a place to which the public has free access (during normal business hours) and such that iti is  contractors and others involved in the work (any or all).  visible from the principal entrance to such building.  (Code 2003, 56.109)    NOISE  ORDINANCE    Sec. 54-41. Enumeration of specific noises.  (a) The following noises, among others, are declared to be loud, disturbing noises iny violation of this article (this (1) The noise of any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal ifa another vehicle is approaching apparently out of control; the same noise made while inr motion, except as ac danger signal after, or as, brakes are being applied and deceleration of the vehicle isi intended; any unreasonably loud or harsh sound created by means of any such signal device; andi the sound ofs such device made for any unreasonable period of time. a. Any vehicular or portable radio, phonograph, disc player, tape player or any musical instrument that is plainly audible outdoors froma a distance of 1001 feet or more (or 501 feetor more during Any loudspeaker or amplifier operated outdoors during residential quiet hours that isp plainly "Plainly audible" means any sound that can be detected by a person using his or her unaided hearing faculties. Example: Ift the sound: source under investigation isap portable or personal vehicular sound amplification or reproduction device, the enforcement officer need not determine the title ofas song, specific words, ort the artist performing the song. The detection of the rhythmic base component of the music is sufficient to constitute a plainly audible sound. (3) The sound of any automobile, motorcycle or other vehicle so out of repair, so loaded or operated in such manner that it creates loud noises such as spinning or squealing tires, grating, grinding, rattling or (4) Thes sound of any mechanical equipment installed at at fixed location (examples: fans, compressors, a. When the equipment is operating, noise from the equipment is discernable ata point outside the boundaries of the site where itis installed, and noise at that point is measured at al level of70 Immediately before or after operation of the equipment, noise at the same point is measured at (5) Thes sound of a discharge into the open air of the exhaust of anyi internal combustion motor or engine, except through ar muffler or other device which will effectively prevent loud or explosive noises (6) The sound of any mechanical device operated by compressed air, except pneumatic drills, unless the (7) Thes sound produced by the erection, excavation, construction, or demolition of any building or structure, including the use of any necessary tools or equipment, if produced: a. During residential quiet hours, unless the dB(A) limitation in subsection 54- -40(1)(a) is satisfied, or the nexts sentence is applicable. If thes sound is produced during residential quiet hours at a time authorized in writing by the building official, a decibel limit of 85 dB(A) shall apply during the time Outside residential quiet hours ift the sound exceeds 85 dB(A) when measured from the property line of the residential property where the soundi is being received. This decibel limiti is not  enumeration is neither exhaustive nor exclusive of other noises):  (2) The sound of:  residential quiet hours); or  audible from a distance of 50f feet or more.  other noise exceeding 85 decibels. condensers, pumps, generators, etc.),if: dB(A) or higher; and al level of 65 dB(A) or lower.  therefrom.  noise thereby created is effectively muffled and reduced.  period authorized by the building official.  Created: 2024- 07-14 13:49:38 [EST]  (Supp. No. 45)  Pagelof3    applicable when a current, valid permit has been obtained for the activities named and the (8) Any excessive noise made on any street adjacent to any school, institution of learning or court while the same isi in session, or adjacent to any hospital at any time, which noise unreasonably interferes with the working of anys suchi institution, provided conspicuous signs are displayed in such street (9) Any loud and excessive noise resulting from the loading or unloading of any vehicle or container, or the (10) The sound of any bell, gong, whistle, siren, or other alarm or signaling device installed at af fixed location whichi is reasonably calculated to disturb a person of ordinary disposition ifsuch person were a. An emergency alarm operated by the fire department or other governmenta agency; b. An alarm system permitted and operated in compliance with applicable regulations, including (11) The sound of any drum, loudspeaker or other instrument or device used to attract attention to any (13) The sound made by leaf blowers, lawnmowers and other lawn and garden maintenance equipment (14) The sound made by lawnmowers or other lawn and garden equipment excluding leaf blowers operated outside residential quiet hours that exceeds 85 dB(A) measured at 25 feeti from such equipment. (15) The sound made bya any leaf blower operated outside residential quiet hours that exceeds 70 dB(A) froma a distance of 501 feet utilizing the American National Standard Institute Methodology (ANSI B175.2). Anyl leaf blower that bearst that certification shall be deemed to comply with any noise level limit of this subsection providedi it operates ast the manufacturer designed.Any operator ofal leaf blower without this certification shall provide verification from the manufacturer confirming compliance with this subsection, and for the purpose of clarity, the lack ofs such certification shall be a  sounds are being produced outside ofr residential quiet hours.  indicating that the same is a school, hospital or courts street. opening or destruction of bales, boxes, crates or containers. int the vicinity thereof. Exceptions: This does not apply to:  automatic shutoff rules, see, e.g. chapter 26; or C. Any gong, bell or chime usedi in areligious observance or prayer.  performance, show or sale of merchandise. when operated during residential quiet hours.  (12) The sound made by! loudspeakers or amplifiers on trucks or other vehicles.  violation oft this subsection.  (b) Int the event of any conflict between this section and section 54-40, the provisions oft this section shall  control.  (Ord. No. 20985149PA1727020) Sec. 54-42. Affirmative defenses.  (a) Request to cease. It shall be an affirmative defense in any prosecution under this article that a request to cease causing the noise in question was given neither tot the person charged nor to any officer, agent, employee or representative of the person charged. All peace officers and other city enforcement personnel are hereby authorized to request that persons cease causing noises that are apparently in violation oft this (b) Urgent public projects. Its shall be an affirmative defense, in any prosecution under this article that the offending noise was deemed a necessary repair by the public works director for a public need.  article. Nothing herein limits the right of others to make suchr requests.  Created: 2024- -07-14 13:49:38 [EST]  (Supp. No. 45)  Page2of3    (c) Measured noise levels. It shall be an affirmative defense, in any prosecution under this article, thata measured noise level was actually produced by some person ort thing other than that alleged tol have caused (d) Registered outdoor events. It shall be an affirmative defense, in any prosecution under this article, that the  the noise.  offending noise resulted from an outdoor concert or similar event that: (1) Was registered at least 48 hours in advance with the chief of police;  (2) Did not last more than four hours, of which no more than two hours were duringr residential quiet (3) Was otherwise conducted to avoid disturbance of persons within nearby dwellings. (e) Speech ore expression. The affirmative defenses for speech or expression enumerated in V.T.C.A., Penal Code $42.04 (prior order to move, disperse or remedy): shalla also be available ina any prosecutions for violations of  hours; and  this article.  (Ord. No. 2098, $1(App. A),7-27-2020)  Sec. 54-43. Injunction as additional remedy.  As an additional remedy, the noise made by any activity, device, instrument, vehicle or machineryi in violation of any provision hereof and which causes discomfort or annoyance tor reasonable persons of normal sensitivity, or which endangers the comfort, repose, health or peace ofresidents in the area, shall be deemed, and is declared to be, in violation of this article and may be subject to abatement by a restraining order ori injunction  issued bya a court of competent jurisdiction. (Ord. No. 03.1AP.A1727300) Sec. 54-44. Sound level measurements.  Sound level measurements under this article shall be made in accordance with the following criteria: (1) Measurements must be made with at type 1 or type 2 calibrated sound level meters using the A- weighting scale and the slow meter response as specified by the American National Standards Institute (2) Noise levels shall be measured in decibels and A- weighted. The unit of measurement shall be (3) Meters shall be calibrated. annually in accordance with ANSI $1.401984.  (ANSI $1.4-1984/85A). designated a "dB(A)." measured.  (4) Measurements recorded shall be taken so as to provide ap proper representation of the sound being (5) The microphone of the meter shall be positioned so as not to create any unnatural enhancementor diminution of the measured sound. A windscreen for the microphone shall be used. (6) Atthe property line of the building site where the noise ist being generated, unless as otherwise  stipulated ins section 54-41. (Ord. No. 2098, $1(App. A),7-27-2020)  Created: 2024-07-14 13:49:38 [EST]  (Supp. No. 45)  Page 3of3    Sec. 54-44. Sound level measurements.  Sound level measurements under this article shall be made in accordance with the following criteria: (1) Measurements must be made with at type 1 or type 2 calibrated sound level meters using the A- weighting scale and the slow meter response as specified by the American National Standards Institute (2) Noise levels shall be measured in decibels and A- -weighted. The unit of measurement shall be (3) Meters shall be calibrated annually in accordance with ANSI $1.40 1984.  (ANSI 51.4-1984/85A). designated a' "dB(A)." measured.  (4) Measurements recorded shall be taken so ast to provide a proper representation of the sound being (5) The microphone of the meter shall be positioned so as not to create any unnatural enhancementor diminution of the measured sound. A windscreen for the microphone shall be used. (6) Atthe property line oft the building site where the noise is being generated, unless as otherwise  stipulated in section 54-41. (Ord. No. 2098, $1 1(App. A),7-27-2020)  2024-07-14 13:49:38 [EST]  (Supp. No. 45)  Page 1of1