Any owner or owner's authorized agent
who intends to construct, enlarge, alter, repair,
move, demolish, or change the occupancy of a building or structure,
or to erect, install, enlarge, alter, repair, remove,
convert or replace any electrical, gas, mechanical or plumbing system,
the installation of which is regulated by this code, or to cause any
such work to be performed, shall first make application to the building official and obtain the required permit.
(1983 Code, sec. 6-39; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
To obtain a permit, the applicant shall first
file an application therefor in writing or digitally typed on a form
furnished by the department of building safety for that purpose. Such
application shall:
(1)
Identify and describe the work to be covered by the permit for which application is made.
(2)
Describe the land on which the proposed work is to be performed
by legal description, street address or similar description that will
readily identify and definitely locate the proposed building or work.
(3)
Indicate the use and occupancy for which the proposed work is
intended.
(5)
State the valuation of the proposed work.
(6)
Be signed by the applicant, or the applicant's authorized
agent.
(7)
Give such other data and information as required by the building official.
(1983 Code, sec. 6-46; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
(a)
Submittal documents consisting of construction documents, statement of special inspection, geotechnical report
and other data shall be submitted in a digital format, or one or more
sets where allowed by the building official, with
each application for a permit. Construction documents shall be prepared by and bear the seal(s) of the appropriate registered design professional as follows:
(1)
Architect registered in the state:
(A)
As required by section 1051.551 of the Texas Occupations
Code;
(B)
Where any building alteration is undertaken that
will affect the means of egress within any building containing a Group
A, E or I occupancy, or within any building where an egress path serving
50 or more occupants is affected;
(C)
As otherwise required by the building official.
(b)
Exception:
(1)
The building official is authorized to waive
the submission of construction documents and other
data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that
review of construction documents is not necessary
to obtain compliance with this code.
(2)
The building official is authorized to alter
or waive the requirement that construction documents be prepared and sealed by a registered architect where the work
involves the alteration of an egress system involving only the limited
replacement of approved door hardware not involving the addition of
access control or delayed egress locks.
(1983 Code, sec. 6-54; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2010-O0017, sec. 4,
adopted 3/4/2010; Ordinance 2024-O0034 adopted 3/26/2024)
Construction documents shall be dimensioned
and submitted as an electronic media document. Construction documents
drawn on suitable material are permitted to be submitted when approved by the building official. Construction
documents shall be of sufficient clarity to indicate the
location, nature and extent of the work proposed and show in detail
that it will conform to the provisions of this code and relevant laws,
ordinances, rules and regulations, as determined by the building
official.
(1983 Code, sec. 6-55; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
Submittal requirements specific to each of the technical codes
are included in articles 28.09 — 28.18.
(1983 Code, sec. 6-56; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
The building official shall examine or cause
to be examined the accompanying submittal documents and shall ascertain
by such examinations whether the construction indicated and described
is in accordance with the requirements of this code and other pertinent
laws or ordinances.
(1983 Code, sec. 6-57; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
When the building official issues a permit, the construction documents shall
be approved, in writing or by stamp, as "Reviewed
for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept
at the site of work and shall be open to inspection by the building official or a duly authorized representative.
(1983 Code, sec. 6-58; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
This code shall not require changes in the construction
documents, construction or designated occupancy of a structure
for which a lawful permit has been heretofore issued
or otherwise lawfully authorized, and the construction of which has
been pursued in good faith within 180 days after the effective date
of this code and has not been abandoned.
(1983 Code, sec. 6-59; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
The building official is authorized to issue
a permit for the construction of foundations or any
other part of a building or structure before the construction
documents for the whole building or structure have been submitted,
provided that adequate information and detailed statements have been
filed complying with pertinent requirements of this code. The holder
of such permit for the foundation or other parts
of a building or structure shall proceed at the holder's own
risk with building operation and without assurance that a permit for the entire structure will be granted.
(1983 Code, sec. 6-60; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2011-O0042, sec. 2,
adopted 5/31/2011; Ordinance 2024-O0034 adopted 3/26/2024)
Where it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner or the
owner's authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible
charge. If the circumstances require, the owner or the owner's authorized agent shall designate a substitute registered design professional in responsible charge who
shall perform the duties required of the original registered
design professional in responsible charge. The building
official shall be notified in writing by the owner or owner's authorized agent if the registered design
professional in responsible charge is changed or is unable
to continue to perform the duties. The registered design professional
in responsible charge shall be responsible for reviewing
and coordinating submittal documents prepared by others, including
phased and deferred submittal items, for compatibility with the design
of the building.
(1983 Code, sec. 6-61; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
Deferral of any submittal items shall have the prior approval
of the building official. The registered
design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents
for deferred submittal items shall be submitted to
the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance
to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building
official.
(1983 Code, sec. 6-62; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
Work shall be installed in accordance with the approved
construction documents, and any changes made during construction
that are not in compliance with the approved construction
documents shall be resubmitted for approval as an amended
set of construction documents. Change orders and
other amendments to the construction documents require review and
approval in the same manner as that of the original permit documents prior to incorporating the changes in the field, unless
otherwise approved by the building official.
(1983 Code, sec. 6-63; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
One set of approved construction documents shall
be retained by the building official for a period
of not less than 180 days from date of completion of the permitted
work, or longer if required by state records retention laws or organizational
policy.
(1983 Code, sec. 6-64; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
The building official shall examine or cause
to be examined applications for permits and amendments
thereto within a reasonable time after filing. An application shall
not be considered "filed" until all initial submittal information,
as indicated on applicable application forms, is received. Within
45 days from the date of filing of the application, if the building official is satisfied that the proposed work conforms
to the requirements of this code and laws and ordinances applicable
thereto, the building official shall issue a permit therefor. If the permit is not issued
for failure of the application or construction documents to conform
to the requirements of applicable laws, the applicant shall be notified
that the permit has been denied and the reasons therefor.
Alternatively, if not denied for failure of the application or associated
construction documents to meet applicable requirements, the building official may, prior to the expiration of 45 days
from the filing date, negotiate a future date when the permit will be issued or denied.
(1983 Code, sec. 6-47; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
An application for a permit for any proposed
work shall be deemed to have been abandoned 180 days after the date
the application is received, unless such application has been pursued
in good faith or a permit has been issued; except
that the building official is authorized to grant
one or more extensions of time for additional periods not exceeding
90 days each. The extension shall be requested in writing prior to
expiration, and justifiable cause demonstrated.
(1983 Code, sec. 6-48; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
The issuance or granting of a permit shall
not be construed to be a permit for, or an approval
of, any violation of any of the provisions of this code or of any
other ordinance of the jurisdiction. Permits presuming
to give authority to violate or cancel the provisions of this code
or other ordinances of the jurisdiction shall not be valid. The issuance
of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction
documents and other data. The building official is authorized to prevent occupancy or use of a structure where in
violation of this code or of any other ordinances of this jurisdiction.
(1983 Code, sec. 6-49; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
Every permit issued shall expire by limitation
and become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance,
or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time
the work is commenced. In determining the date of cessation of building
activity, the building official may use the last
inspection date associated with the permit, or any
subpermits applicable to the project. The building official may consider proof of activity involving correspondence, invoices,
checks, and other dated documents submitted by the contractor that
are clearly associated with construction at the subject premises.
The building official is authorized to grant, in
writing, one or more extensions of time, for periods not more than
180 days each. The extension shall be requested in writing prior to
expiration, and justifiable cause demonstrated. A permit that has been allowed to expire may be extended for a 180-day period
upon reapplication and payment of one-half of the original permit fees. Incomplete building projects where the permit has expired with no request for extension thereof shall be deemed abandoned and shall constitute a public nuisance actionable under the provisions of section 34.01.001 of this Code of Ordinances.
(1983 Code, sec. 6-50; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
In lieu of an individual permit for each alteration to an already approved electrical,
gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application
therefor to any person, firm or corporation regularly employing one
or more qualified tradespersons in the building, structure or on the
premises owned or operated by the applicant for the permit.
(1983 Code, sec. 6-40; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
The person to whom an annual permit is issued
shall keep a detailed record of alterations made
under such annual permit. The building official shall have access to such records at all times or such records shall
be filed with the building official as designated.
(1983 Code, sec. 6-41; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
The permit or an approved copy shall be kept
on the site of the work in a manner and location to be determined
by the building official until the completion of
the project.
(1983 Code, sec. 6-43; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
(1983 Code, sec. 6-52; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2024-O0034 adopted 3/26/2024)
(a)
The building official shall issue only one permit per jobsite for the same or identical work with the
following exceptions:
(1)
Where the current permittee has failed to complete the work,
is no longer associated with the project, and such fact is communicated
in writing to the building official by the general
contractor or owner;
(2)
Where the building official is notified in
writing by the current permittee that his contract for the work is
no longer in effect; or
(3)
Where the building official has been notified
in writing by the general contractor or owner that the current permittee
originally permitted to do the work at the jobsite has been replaced
with a new contractor.
(b)
In every case where the building official determines
that a new permit will be issued to a new contractor,
and the scope of the work remains unchanged from that covered by the
original permit, the person requiring such permit shall pay a transfer fee of two hundred fifty dollars
($250.00), but in no case more than the fee for the original permit, and no refund shall ever be made on the original permit issued. Where the scope of the work has or will be
changed such that a new plan review is necessary, the fee for the
reissued permit shall be the same as that for a new
project.
(c)
The building official is authorized to require
any other type of evidence from the general contractor, owner or permittee
which he deems necessary to determine whether to terminate an existing permit and issue a new permit for the same
work. At the discretion of the building official,
an investigative inspection of the premises that is the subject of
the permit may be required to support a decision
to terminate and/or reissue any permit. Fees for
said inspection shall be paid in advance as per current fee schedules.
(d)
The issuance of a new permit under this section
shall release the first permitted contractor or builder from any responsibility
for compliance with this code for work completed by said contractor
or builder and the newly permitted contractor or builder shall become
responsible for compliance with this building code for the entire
job, including work done by the prior contractor or builder.
(e)
The building official shall require the owner,
general contractor or other interested person to execute an indemnity
agreement agreeing to save harmless and defending the city and building official from any and all liability which may be
alleged as a result of the issuance of a new permit under this section and to require said agreement to be secured by
bonds and insurance deemed appropriate unless a release is signed
by all parties.
(f)
This section shall apply to all types of permits issued by the building official.
(1983 Code, sec. 6-53; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2011-O0042, sec. 3,
adopted 5/31/2011; Ordinance 2024-O0034 adopted 3/26/2024)
