Original Author: Darden, Ron
Date of Material: 07/30/2004
Reviewed Date: 05/04/2021
An ordinance to adopt the International Building Code of 2003 with SEISMIC deletions.
Since this draft ordinance was prepared the International Code Council (ICC) has prepared subsequent editions of the International Building Code (IBC) that include provisions for seismic considerations. It is recommended depending upon the edition of the IBC adopted by the jurisdiction and subsequent amendments as provided in the sample ordinance correctly reference sections and subsections of the IBC to ensure proper reference in the Ordinance.
An ordinance of the Town of Cumberland Gap adopting the 2003 edition of the International Building Code, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures in the Town of Cumberland Gap, Tennessee; providing for the issuance of permits and collection of fees therefore; repealing ordinances and parts of ordinances in conflict therewith.
Be it Ordained by the Board of Mayor and Aldermen of the Town of Cumberland Gap, Tennessee as follows:
Section 1. That a certain document, one (1) copy of which is on file in the office of the City Recorder of Cumberland Gap, being marked and designated as the International Building Code, 2003 edition, including Appendix Chapters A-J as published by the International Code Council, be and is hereby adopted as the Building Code of the Town of Cumberland Gap, in the State of Tennessee for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code on file in the office of the Town of Cumberland Gap are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance.
Section 2. The following sections are hereby revised:
Section 101.1. Insert: Town of Cumberland Gap.
Section 1612.3. Insert: Town of Cumberland Gap.
Section 1612.3. Insert: Date of Issuance_______________.
Section 3410.2. Insert: Date in one Location_____________.
Sections 1613 through Section 1623, and all sections derived from chapter 16 and any other sections relating to SEISMIC standards, regulations, and provisions are hereby deleted.
Section 3. That Ordinance no.__________ of the Town of Cumberland Gap and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Board hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 5. That nothing in this ordinance or in the Building Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 2 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
Section 6. that the City Recorder is hereby ordered and directed to cause this ordinance to be published.
Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect from and after the date of its final passage and adoption.
Passed 1st and Final Reading__________________
Mayor Attest: City Recorder
Ordinance to Adopt the International Building Code.pdf