Any owner or 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 done, 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)
To obtain a permit, the applicant shall first file an application
therefor in writing on a form furnished by the department of building
inspection 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 done 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.
(4)
Be accompanied by construction documents and other information as
required in section 106.3 [sic].
(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)
Construction documents, special inspection and structural observation
programs, and other data shall be submitted in one or more sets with
each application for a permit. Construction documents shall be prepared
by and bear the seal(s) of the appropriate 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.
(2)
Engineer licensed in the state:
(A)
As required by section 1001.402 of the Texas Occupations Code;
(B)
As otherwise required by the building official.
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Exception:
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(1)
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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.
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(2)
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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.
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(1983 Code, sec. 6-54; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005; Ordinance 2010-O0017, sec. 4,
adopted 3/4/2010)
Construction documents shall be dimensioned and drawn upon suitable
material. Electronic media documents 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)
Submittal requirements specific to each of the technical codes
are included in articles 28.09–28.16 under "supplemental administrative
provisions."
(1983 Code, sec. 6-56; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
The building official shall examine or cause to be examined
the accompanying construction 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)
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)
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)
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 approved, 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
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)
When it is required that documents be prepared by a registered
design professional, the building official shall be authorized to
require the owner 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 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 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. Where structural observation is required by section
1709 [sic], the inspection program shall name the individuals or firms
who are to perform structural observation and describe the stages
of construction at which structural observation is to occur (see also
duties specified in Section 1704).
(1983 Code, sec. 6-61; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
For the purposes of this section, deferred submittals are defined
as those portions of the design that are not submitted at the time
of the application and that are to be submitted to the building official
within a specified period. 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 design and submittal
documents have been approved by the building official.
(1983 Code, sec. 6-62; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
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)
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)
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)
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)
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 also 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)
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)
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)
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)
Where equipment replacements and repairs must be performed in
an emergency situation, the permit application shall be submitted
within the next working business day to the building official.
(1983 Code, sec. 6-43; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
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. 6-52; Ordinance
2005-O0140, sec. 1, adopted 12/15/2005)
(a)
The building official shall issue only one permit per job site 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 job site 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)
