(a)
Office of permitting officer established; appointment.
The office of permitting officer is hereby established by the city.
The permitting officer shall be the city manager or his or her designee.
(b)
Authority of permitting officer.
The permitting officer
is hereby authorized to accept or deny applications.
(Ordinance 314 adopted 5/21/15)
(a)
Establish building inspector; contract.
The building
inspector will be a contract position approved by the city council.
The building inspector will have authority over all inspections, including
building, plumbing, mechanical, electrical and foundations.
(b)
Authority of building inspector.
The building inspector
is hereby authorized and directed to enforce the provisions of the
city and state building codes. Such interpretations, policies and
procedures shall be in compliance with the intent and purpose of the
building code, but shall not have the effect of waiving the express
requirements of same.
(c)
The
building inspector is responsible for ensuring that all buildings
constructed, altered, or maintained in the city meet recognized standards
for quality and safety.
(Ordinance 314 adopted 5/21/15)
(a)
Each
general contractor, plumbing contractor, irrigation contractor, mechanical
contractor, and electric contractor shall be required to maintain
an occupational license with the city before performing any type of
construction work regulated by the city building regulations. No permit
shall be issued to construct, refurbish, remodel or improve a building
or structure within the corporate limits of the city without each
contractor having first registered with the city.
(1)
Registration.
Each contractor shall furnish the city
with the following information on forms provided by the city:
(A)
Contractor classification.
(B)
Company name.
(C)
Company mailing address.
(D)
Company telephone number.
(E)
Principal owner’s name and mailing address.
(F)
Principal owner’s drivers license number.
(G)
Any additional information deemed necessary for identification purposes.
(H)
Applications must include a copy of the contractor’s drivers
license and a copy of the following state issued license:
(i)
Mechanical registrations shall contain a current Texas Air Conditioning
and Refrigeration License issued by the Texas Department of Licensing
and Regulation;
(ii)
Electrical registrations shall contain a current Texas Electrical
License issued by the Texas Department of Licensing and Regulation;
(iii)
Plumbing registrations shall contain a current Master Plumbers
License issued by the Texas State Board of Plumbing Examiners; and
(iv)
Irrigation registrations shall contain a current Texas Irrigators
License issued by the Texas Commission on Environmental Quality.
(2)
Verification of insurance.
The city shall verify that
a contractor has a valid certificate of insurance on file.
(3)
Occupational license.
All contractors will be required
to have an occupational license through the city. An annual fee for
this license shall be required. The annual fee shall be set by the
city’s adopted fee schedule and shall be payable at the time
of registration. The fiscal year for the payment of the registration
fee begins on January 1st and ends at midnight on December 31st of
the same year. Registration is valid for the calendar year you are
registering in unless you are registering in December, in which case
your registration will carry over to the following calendar year.
(4)
Occupational license renewal.
(5)
Occupational license denial.
The license of a contractor
may be denied by the permitting officer, or the license may be revoked
by the board of adjustment if the license is issued on the basis of
incorrect information supplied by the contractor.
(6)
Revocation, suspension and notice.
In the event of knowingly committing outstanding violations of city requirements, the permitting officer may revoke or suspend a contractor’s license up to one year. After the one year revocation, the contractor may reapply for registration as a new contractor as set forth in subsections (1) and (3) above.
(7)
Appeal procedures.
(A)
In the event that a contractor wishes to appeal the decision of the
permitting officer for revocation or suspension, the contractor shall
file a written notice of appeal in the office of the permitting officer
within ten days of receipt of the notice for revocation or suspension.
(B)
A hearing shall be held before the city board of adjustment after
the contractor has been given notice of the hearing by personal service
or certified mail, return receipt requested, at least ten days prior
to the hearing date.
(C)
After the hearing, the contractor shall be notified in writing of
the determination of the board of adjustment by personal service or
certified mail, return receipt requested.
(8)
Exemption for homeowner.
No such registration procedure
shall be required for alteration or repair work to be performed on
a residential structure when the person performing the alteration
or repair work is the owner of the structure, has his legal residence
there, and is not assisted by any other contractor for remuneration.
The homeowner shall be automatically termed a registrant for the purposes
of such a project without registration. Notwithstanding such relief
from registration, all requirements for permits for the work and all
other applicable provisions of this building code shall remain in
force.
(Ordinance 314 adopted 5/21/15)
(a)
Application for building permit.
All persons desiring
a building, electrical, plumbing, mechanical or foundation within
the corporate limits of the city shall make application for a permit
for said project with the city secretary. All applications for permits
shall be accompanied by one copy each of a property survey, site plan,
building plan, and foundation plan, together with such copies as the
city secretary or permitting officer determines to be necessary for
review by other administrative officers and agencies; shall be drawn
to scale, showing the actual dimensions and shape of a lot to be built
upon, the exact size and location of the building on the lot already
existing, if any, and the location and dimensions of proposed buildings,
structures or alterations. Prior to the issuance of a building permit
the following must be provided:
(1)
Verification that the lot is in compliance with all platting requirements
of the city.
(2)
Any additional information as lawfully may be required by the city
secretary or building inspector, including: a copy of trade licenses
of the general contractor or subcontractors; existing or proposed
uses of the building or structure and land; conditions existing on
the lot; and such other matters as may be necessary to determine conformance
with the city’s comprehensive zoning ordinance, subdivision
control ordinance and/or building code.
(b)
Issuance of permits.
The city secretary shall issue
all permits upon approval of the permitting officer. A permit shall
only be issued when compliance with this article and all other ordinances
of the city is assured. No placement, construction, remodeling, refurbishment
of construction of any kind of any building or structure may be commenced
prior to the issuance of a building permit.
(c)
Permit expiration.
All permits are valid for one (1)
year from the date of issue. Any renewal or extension of a permit
shall not be for more than six (6) months. The fee for an extension
of a permit shall be one-half (1/2) of the fee paid for the original
permit.
(d)
Permit suspension.
(1)
Permits, or a person’s ability to secure permits, may be suspended,
for a specified period of time not to exceed one hundred eighty (180)
days, or revoked by the permitting officer for any of the following
causes:
(A)
Failing to finalize permits by obtaining the required inspections;
(B)
Allowing the use or occupancy of a structure or facility without
first obtaining the required authorization or certificate of occupancy;
(C)
Making false statements or misrepresenting facts on the application
or on the construction documents upon which a permit or permitting
officer approval was based;
(D)
Gross negligence in the performance of the work made the subject
of a permit; or
(E)
The expiration, suspension or revocation of a required license, bond
or insurance.
(2)
The suspension period specified herein may be extended by the permitting
officer. The affected person may appeal permit revocation or suspension
to the board of adjustment.
(e)
Appeal procedures.
(1)
In the event that a contractor wishes to appeal the decision of the
building inspector for revocation or suspension, the contractor shall
file a written notice of appeal in the office of the building inspector
within ten days of receipt of the notice for revocation or suspension.
(2)
A hearing shall be held before the city board of adjustment after
the contractor has been given notice of the hearing by personal service
or certified mail, return receipt requested, at least ten days prior
to the hearing date.
(3)
After the hearing, the contractor shall be notified in writing of
the determination of the board of adjustment by personal service or
certified mail, return receipt requested.
(f)
Exemption for homeowner.
No such registration procedure
shall be required for alteration or repair work to be performed on
a residential structure when the person performing the alteration
or repair work is the owner of the structure, has his legal residence
there, and is not assisted by any other contractor for remuneration.
The homeowner shall be automatically termed a registrant for the purposes
of such a project without registration. Notwithstanding such relief
from registration, all requirements for permits for the work and all
other applicable provisions of this building code shall remain in
force.
(Ordinance 314 adopted 5/21/15)
Persons eligible to apply for and receive approved building
permits.
(1)
A
contractor licensed and insured to do construction work as a “contractor”
within the city.
(2)
The
owner of the property who certifies that the structure to be built
or the structure on which the repairs are to be performed is the single-family
residential structure in which he lives.
(Ordinance 314 adopted 5/21/15)
(a)
Building permit fee schedule.
A building permit shall
not be issued or amended until the prescribed fee has been paid. The
fee schedule charged by the city for building permits is on file in
the city secretary’s office.
(b)
Work commencing before permit issuance.
Any person who
commences any work requiring a permit before obtaining the necessary
permits shall be subject to 100 percent of the usual permit fee(s)
in addition to the required permit fee(s).
(Ordinance 314 adopted 5/21/15)
In order to ensure that all new construction and the use of
all existing structures within the city comply with the building code,
a certificate of occupancy shall be required in accordance with the
provisions for certificates of occupancy set forth in the model construction
codes adopted pursuant to this article, as amended, subject to the
following amendments:
(1)
Application.
Any person who proposes to use a building
or structure located within the city after the effective date of this
article (March 26, 2015), shall file an application for a certificate
of occupancy in the office of the city secretary on forms provided
by the city secretary. Upon approval by the building inspector, a
certificate of occupancy shall be issued stating that the building
and proposed use of a building complies with the city’s building
code, comprehensive zoning ordinance and subdivision control ordinance.
A permanent record of all certificates of occupancy issued by the
city shall be kept on file in the office of the city secretary, and
copies shall be furnished on request to any person having a proprietary
or tenancy interest in the building or structures affected.
(2)
Certificate to establish use.
No vacant land or building
shall be occupied or used by any person, except for agricultural purposes,
until a certificate of occupancy has been issued in accordance with
this section.
(3)
Issuance.
A person desiring a certificate of occupancy
shall apply for it at the time that an application for a building
permit is made, and the certificate of occupancy shall be issued within
ten (10) days after the construction, erection or alteration of the
building or structure made the subject of the building permit has
been completed in conformity with the applicable ordinances of the
city.
(Ordinance 314 adopted 5/21/15)
For purposes of this article, the term:
Any individual, corporation, nonprofit corporation, partnership,
joint venture, political subdivision, association or any other legal
entity.
(Ordinance 314 adopted 5/21/15)
Upon the completion of the installation or alteration of building
wiring or apparatus in any building, it shall be the duty of the person,
firm or corporation doing the same to notify the building inspector,
who shall inspect the installation within twenty-four (24) hours,
exclusive of Saturdays, Sundays, and holidays, of the time such notice
is given; and if it is found to be fully in compliance with this article
and does not constitute a hazard to life or property, he or she shall
issue a certificate of inspection, authorizing connection to the electric
service and the turning on of the current. No certificate of inspection
shall be issued unless the building light, power or heating installation
and all other electric apparatus connected with are in strict conformity
with the provisions of this article.
(Ordinance 314 adopted 5/21/15)
Any building installation not specifically covered by this article
must be approved by the building inspector.
(Ordinance 314 adopted 5/21/15)
The building inspector shall have the right during reasonable
hours to enter any building in the discharge of his or her inspector
duties, or for the purpose of making any inspection or test.
(Ordinance 314 adopted 5/21/15)
This article shall not be construed to relieve from nor lessen
the responsibility or liability of any party owning, operating, controlling
or installing any building equipment for damages to any one injured
or any property destroyed by any defect therein nor shall the city
be held as assuming any such liability by reason of the inspection
authorized herein, or certificate of inspection issued as herein provided.
(Ordinance 314 adopted 5/21/15)
Any person, firm, or corporation who shall fail to comply with any of the provisions hereof, shall upon conviction thereof, be punished by a fine in accordance with the general penalty provision found in section 1.01.009 of this code.
(Ordinance 314 adopted 5/21/15)
