(a)
Any person,
owner or authorized agent who, within city limits, intends to construct,
enlarge, alter, repair, move, or demolish any building, structure,
or barrier or to erect, install, enlarge, alter, repair, remove, convert
or replace any smoke, fire, electrical, gas, mechanical or plumbing
system, which are regulated by this chapter, or to cause any such
work to be done, shall first make application to the city and obtain
the required registration.
(b)
It shall be unlawful for any person, owner or authorized agent to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any fence, wall, building, sign, pavement or structure in the City of Alamo Heights, or cause the same to be done, without first obtaining a permit for such work from the director. Without a valid permit, no new construction of any type shall be undertaken, nor shall any improvement, alteration or change be made to any property or structure within the city limits for any of the following (for exceptions see subsection (c) below):
(1)
Framing,
foundation or envelope [including exterior and interior finishes]
of any building, fence or any structure, [including demolition],
(2)
Fire
protection or prevention systems,
(3)
Landscaping
on any property, other than single family or duplex residential units,
(4)
Electrical
wiring of any building, nor shall any building within the limits of
the city be wired for the placing therein of electric lights, motors,
heating devices or other electrical apparatus, except telephones,
(5)
Mechanical,
plumbing, sewer and gas systems of any property or structure,
(6)
The
city's right-of-way {reference chapter 16},
(7)
Grade
alteration which creates an earth fill in excess of three (3) feet
above natural ground level at any point;
(c)
No permit shall be required for routine maintenance. Routine maintenance shall be defined as in section 5-13 of this chapter and may include work such as:
(1)
Refinishing
wood floors, interior painting, wall papering, tiling, carpeting,
or installing cabinets, counter tops and similar finish work;
(2)
The
replacement of missing, fallen, rotten, or broken shingles, siding,
fascia trim, decking, exterior doors with the same material and finished
color;
(3)
Installing
swings and other playground equipment accessory to a one-or two-family
dwelling;
(4)
Minor
landscaping, including the replacement of or the planting of small
bushes, trees, shrubs in quantities less than twelve (12) pieces,
and which do not require excavation to a depth greater than twenty-four
(24) inches;
(5)
Replacement
of lamps or the connection of approved portable electrical equipment
to approved permanently installed receptacles;
(6)
Replacement
of fuses and bulbs, light globes, fluorescent or neon tubes, damaged
motors, defective receptacles, switches, cords or minor parts of existing
equipment already installed under a previous permit;
(7)
Replacing
filters, portable household appliances, or plumbing fixtures such
as toilets, faucets and hose bibs;
(8)
Repair
of leaks in drains or pipes; provided, however, that if any concealed
trap or pipe becomes defective and it becomes necessary to remove
and replace the same with new material, such work shall be considered
as new work and a permit shall be obtained and inspection made as
provided in this code; and
(9)
Repair
of leaks or removal of stoppages in pipes, valves or fixtures, and
the removal and reinstallation of water closets, provided such repairs
do not involve or require the replacement or rearrangement of valves,
pipes or fixtures.
(d)
Where
code violations were noted during routine inspections or reactive
complaint investigations, a permit shall be required for the repair
or correction of the violation and must be requested and approved
prior to repair regardless of the scope of work. Inspections shall
be required as per article V of this chapter.
(e)
In an
emergency or in the case of emergency repairs, the extent of which
cannot be determined beforehand, it will be permissible for the permit
to be taken out by the next city business day after completion of
the work.
(Ordinance 1860 adopted 4/12/2010)
(a)
If work
requiring a permit was started without a valid permit, and all plans
and application have been reviewed for compliance with all applicable
codes and ordinances, an applicant may obtain a permit by paying double
the regular permit fee.
(b)
Work
shall begin within such period of time following issuance of the permit
as may be limited in such permit and shall be completed within such
further time as may be therein provided. Unless formal activity, such
as specific inspections required within this chapter, are requested,
completed and approved by the director's office within the prescribed
time, the permit shall become inoperative and void as authority for
any further work. Formal activity as described above shall act as
an automatic renewal regarding the permit's expiration date. Automatic
renewal shall reset the expiration date to six (6) months from date
of said formal activity.
(c)
In the
event that an active permit is due to or already has expired, and
work remains to be accomplished under the original scope of the permit,
the director may issue an extension of the permit upon written application
for such action and payment of all required fee(s). Such application
may be in the form of a letter to the director explaining the request
and providing the same information, updated, as the original permit
application.
(d)
In the
event that a permit is allowed to expire without an extension requested
and granted, and a request for extension is submitted beyond thirty
(30) days from the expiration date, the director may issue a new permit
and require the applicant to pay any administrative fee and penalty
fee(s).
(e)
The building official may deny any renewal request or suspend (for thirty (30), sixty (60), ninety (90) or one hundred eighty (180) days) or revoke any permit with cause, including but not limited to those conditions listed in section 5-59(c) under this Code of Ordinances or failing to fully disclose the same. A person may appeal the building official's decision to deny a renewal request, or suspend or revoke a permit, by requesting a hearing on the matter before the board of adjustment, which shall hear the appeal in the same manner as described in V.T.C.A., Local Government Code Section 211.009(a)(1). A decision by the board of adjustment to grant, modify or deny an appeal under this subsection shall be final.
(Ordinance 1860 adopted 4/12/2010; Ordinance 2196, sec. 2, adopted 1/23/2023)
(a)
In the
absence of different guidance from a state statute or from the city
council, the director shall issue permits only to those individuals
noted herein.
(b)
Permits
shall be issued only to the property owner, or on behalf of the property
owner to a registered general contractor, a registered tradesman,
or a licensed/registered design professional, pursuant to this chapter.
The property owner's signature is required on all submitted permits.
Should the property owner desire, the owner may limit or specify others
to whom he wishes to delegate authority to request and receive permits.
(c)
The possession
of an electrician or plumber master certification/license, with photographic
identification, is required in order to obtain a permit for said tradesman.
(Ordinance 1860 adopted 4/12/2010)
(a)
It shall
be unlawful for any person, firm or corporation to erect, construct,
enlarge, alter, repair, move, improve, remove, convert or demolish
any building, sign or structure in the city, or cause the same to
be done, unless such person, firm or corporation is the holder of
a valid registration with said city to perform such work. Such person,
firm or corporation shall be herein termed registrant. In extending
the rights and privileges of such registration, said city makes no
statement of the technical competency of those so registered, and
no manner of license is proffered.
(b)
No person shall render any general construction, repair, alteration, or improvements to any structures or property as described in subsection 5-50(a) or (b) or commence or continue construction in the public right-of-way within the limits of the city unless said person or entity complies with the requirement of this chapter and chapter 16 streets and sidewalks. All contractors requesting to do work that requires the issuance of a permit in subsection 5-50(a) or (b) shall be registered by the city and said registration shall be valid for a period of one (1) year. Contractors shall be registered as either a general contractor or a tradesman.
(c)
An applicant
for general contractor registration under this article shall provide
to the building official the following information:
(1)
The
complete name, complete mailing address and telephone number of the
firm or corporation;
(2)
The
name and private mailing address of a principal of the firm or corporation
who is a person authorized to bind the firm or corporation in legal
agreements;
(3)
If
the registration is to be as an individual only, the name, mailing
address and telephone number of the individual;
(4)
Where
required by state law, the contractor must hold the appropriate amount
of insurance as required by the state and provide proof of insurance
to the city. Contractors not required to hold specific insurance by
the state are required to obtain at least:
a.
Commercial/multifamily:
One million dollars ($1,000,000.00) of commercial general liability
insurance (combined property damages and bodily injury) with five
hundred thousand dollars ($500,000.00) products and completed operations
coverage.
b.
Residential:
Five hundred thousand dollars ($500,000.00) of residential general
liability insurance (combined property damages and bodily injury)
with five hundred thousand dollars ($500,000.00) products and completed
operations coverage.
(5)
Any
applicant intending to apply for a permit relating to residential
construction must also submit a sworn affidavit on a format provided
by building official containing the following affirmations:
a.
Whether
the applicant, or any other person or entity with an ownership interest
in applicant (if applicant is an entity), has been named in a stop
work order or notice of violation relating to any other permit issued
by the city for residential construction within the preceding two
(2) year period and, if so, the applicant shall disclose the name
and mailing address for each such person or entity so named in a notice
of violation.
b.
The
applicant for general contractor registration acknowledges that such
registration may be revoked or suspended at any time by the building
official if the applicant is found to have materially participated
in a residential construction project that violates any term or condition
of any permit issued for that project, or which violates any other
provision of state or local law, and that contractor registration
revoked or suspended pursuant to this section may be reinstated after
final adjudication of any stop work order or notice of violation issued
by the city, upon recommendation by the building official and approval
at the sole discretion of the city manager.
(6)
Any
other information deemed necessary by the building official.
(d)
Tradesmen
working under the scope of a general contractor are required to register
with the city.
(e)
An application
for registration as a tradesman shall include the following:
(1)
The
name, address, and telephone number(s) of the contractor(s) who will
perform actual construction, including the name, address, and telephone
number of an individual representative of the contractor who will
be available at all times during construction.
(2)
Mechanical,
electrical and plumbing-related permits shall be issued only to state
licensed and registered tradesman or their specifically designated
representative even when working under the scope of a general contractor
registration. Said tradesmen shall be master level or higher.
(f)
Fees
for contractor's registration shall be listed in the adopted schedule
of development fees as maintained in the director's office.
(g)
Every
registrant shall contact the office of the director to ensure the
accurate revision of registration information, including any change
of address or telephone number, within ten (10) days from the date
that the previous information supplied in the application becomes
invalid for any reason. Failure to revise inaccurate information,
or providing false, misleading or inaccurate information when applying
for registration, shall constitute an offense.
(h)
The director may, at any time and for any valid reason (including but not limited to those conditions listed in section 5-59(c) under this Code of Ordinances or failing to fully disclose the same), suspend (for thirty (30), sixty (60), ninety (90) or one hundred eighty (180) days) or revoke a contractor's registration. The contractor shall be notified in writing, by return receipt U.S. Mail, sent to the last known address of the contractor as shown on the registration, of the contractor's right to appeal the director's decision by requesting a hearing on the matter before the board of adjustment, which shall hear the appeal in the same manner as described in V.T.C.A., Local Government Code § 211.009(a)(1).
(i)
A decision
by the board of adjustment to grant, modify or deny an appeal under
this subsection shall be final. The board of adjustment's decision
for suspension or revocation of the contractor's registration shall
include a time frame for the beginning date and duration of the suspension,
and the beginning date of the revocation.
(j)
If the
registration is suspended or revoked, the contractor shall not perform
any work in the city during the suspension or after the revocation
which requires registration.
(k)
City
registration verification.
(1)
A
registration verification, bearing the building official's signature,
shall be issued to each person receiving a city registration.
(2)
Registrations
shall be renewed prior to the expiration date. Each person holding
a valid registration shall renew same in sufficient time to have the
renewal form returned to the development services department with
the appropriate renewal fee prior the expiration date. All city registrations
shall expire one (1) year after issuance. Registrations shall be renewed
prior to expiration date. Each person holding a valid registration
shall renew same in sufficient time to have the renewal form and insurance
information returned to the department with the appropriate renewal
fee prior to registration expiration date.
(3)
Each
registration verification, when issued to a contractor, shall be issued
to a person and registered in the name of the firm by which the person
is employed. The firm shall be known as the holder of such registration
and shall notify the code official if the registration holder is no
longer in its employment. No further permits will be issued to the
firm based upon the previous registration holder's name who is no
longer employed by the firm.
(4)
It
shall be a violation of this Code for any person to alter or amend
in any manner, lend, rent, or transfer a registration verification,
and for any person to make use of any such rights for which the person
is not registered.
(5)
Each
holder of a city issued verification shall carry registration verification
in a format to be designated by the building official on his person
at all times while performing construction work covered by this Code
and shall present it to the building official upon demand.
(6)
The
building official is hereby authorized to preserve, alter or amend
any documents necessary to effectuate the intent and purpose of this
subsection.
(l)
Registrations
not transferable. No registration shall be transferred and no holder
of any registration shall allow his name or registration to be used
by any other person, either for the purpose of performing construction
work or obtaining a permit under the penalty of forfeiture of registration
and payment of fines.
(m)
Violations
under this section. The following list shall constitute a non-exclusive
list of violations under this section. It is unlawful for any registered
contractor to:
(1)
Display
or cause a permit to be displayed or to have in one's possession a
registration for doing any construction work, knowing it to be fictitious
or to have been canceled, suspended or altered;
(2)
Lend
or permit the use of any registration for doing any construction work
to any person not entitled to it;
(3)
Allow
any person to display or to represent as one's own city registration
for any construction work when the registration has not been lawfully
issued to the person displaying it;
(4)
Use
a false or fictitious name or address in any application for any registration
or permit provided for in this chapter or any renewal or make a false
statement or conceal a material fact or otherwise commit fraud in
making any application;
(5)
Perform
any contractor work for which a registration is required without having
the registration or while the registration is suspended, expired or
canceled;
(6)
Perform
any work for which a permit is required without having the permit
or after the permit has been canceled;
(7)
Fail
or refuse to make the necessary repair or changes for Code violations
as provided in a written notice issued by the building official. A
reasonable amount of time shall be granted in the written notice taking
into consideration the work to be completed and the circumstances.
A separate violation is deemed to be committed each day after the
expiration of the time for correction provided in the notice until
the work is corrected;
(8)
Permit
any construction work covered by this section to be performed by any
person not properly registered, while in control of premises covered
by this section;
(9)
Remove,
break, change, destroy, tear, mutilate, cover or otherwise deface
or injure any official notice or seal posted by the building official;
(10)
Place or leave the property in such condition that it injures or
endangers persons or property authorized to be on the construction
site; or
(11)
Install work grossly outside of original permit parameters to a degree
that may threaten the health, safety, and general welfare of the public,
to include, but not limited to, additional structures, square footage,
lot coverage and setback/looming limits.
(Ordinance 1860 adopted 4/12/2010; Ordinance 2196, sec. 3, adopted 1/23/2023)
(a)
Permits
may be issued by the director for:
(1)
Interior
alterations of any structure;
(2)
Exterior
alterations or additions to any existing single-family or duplex residence
for which:
(3)
Exterior
additions or alterations to all other structures which:
a.
Are
not single-family or duplex residences, and
b.
The scope of work does not meet the regulations as defined in section 5-13 definition for demolition, and
c.
The scope of work involves any structure or project specifically exempted in subsection 5-134(c), and
d.
The
total cost of construction does not exceed fifty thousand dollars
($50,000.00), or
e.
Alteration
or replacement of existing exterior finish materials that similarly
match the existing finish materials in color, material, and visual
impact regardless of the total cost of construction limitation.
(5)
New
one-and two-family dwelling construction which is not proposed for
the replacement of a structure which was subject to demolition review
as regulated by article X demolition review,
(7)
Projects
that do not present a potential negative impact to neighboring properties
or the community, and
(8)
Miscellaneous
permits not governed by demolition review or additional boards or
commission's reviews.
(b)
If the
application packet is complete, and after administrative review of
the project is complete and the project conforms to the city's adopted
codes and ordinances, the director shall issue the permit if satisfied
that the application is accurate, true and made in good faith.
(Ordinance 1860 adopted 4/12/2010)
(a)
Building permits for all other new construction, demolitions, additions or alterations to structures that are not exempted in items (1), (2), (3), (4), (5), (6), (7), and (8) of section 5-54 shall be referred to the architectural review board for review. Building permits or projects subject to review by the architectural review board shall be placed on the next available city council agenda and forwarded along with the architectural review board's recommendation for final review. If disapproved by the city council, the submitted permit request shall be denied pending submittal of the requested revisions. Any disapproval by the city council shall require all revisions to be re-submitted for city council review unless specifically noted by the city council. The applicant shall supply such information concerning the proposed project as may be required by the director, architectural review board and the city council.
(Ordinance 1860 adopted 4/12/2010)
(a)
Plans
shall be submitted along with the permit application to the department
of community development office for administrative review and shall
contain all of the information required in the city's application
forms. All plans submitted for review must be submitted in accordance
with the Texas Architectural Barriers and Texas Engineering Practice
Acts.
(b)
New foundations
for any conditioned structures must be designed by a licensed professional
engineer.
(c)
Foundation
repairs where a substantial amount of piers are either replaced or
added to an existing foundation must be designed by a licensed professional
engineer.
(d)
All applications
for permit with a proposed cost of construction greater than or equal
to ten thousand dollars ($10,000.00) shall pay the applicable plan
review fee. Fees for plan review shall be listed in the adopted schedule
of development fees as maintained in the director's office. All plan
review fees are non-refundable and due upon receipt of application.
Exceptions: Fire, Trade, and Sign permits
shall not be required to submit plan review fees.
(e)
The city
reserves the right to utilize outside consultants for third-party
plan review if necessary to ensure compliance with all adopted codes
and ordinances. The city shall notify the applicant prior to submission
of any plans to an outside consultant. Fees for plan review by an
outside consultant shall be the responsibility of the applicant and
shall be in accordance with the adopted schedule of development fees.
(f)
Once
all reviews of plans are made by the city, the city shall notify the
applicant that all comments, plan modifications, letters, etc., shall
be incorporated onto the plans and specifications, and thereafter
at least two corrected sets of plans shall be submitted to the city
for final review and verification. One (1) final set of plans shall
be marked "City Approved Plans—City Copy" and one (1) set of
plans shall be marked "City Approved Plans—Contractor Copy".
The city copy shall remain in the department of community development
for the duration of time required by state law and all adopted codes.
(g)
An applicant
may schedule, upon written request by application, a preliminary project
review and meeting. Fees for preliminary project review and meetings
shall be listed in the adopted schedule of development fees as maintained
in the director's office. All fees are non-refundable and due upon
receipt of application. Staff reserves the right to require a preliminary
project review and meeting depending on the proposed scope of work.
(h)
Even
though the city's review of plans and specifications is designed to
discover potential code violations, failure to discover all such violations
does not relieve the property owner, designer, or contractor from
the responsibility of producing an end product that is in total compliance
with all requirements of the codes and ordinances as adopted by the
City of Alamo Heights.
(Ordinance 1860 adopted 4/12/2010)
(a)
Each
permit is required to be displayed at the job site in a location that
is easily visible to the city inspector and the general public at
all times.
(b)
The contractor
shall maintain an original copy of the stamped approved plans at the
job site and failure to have the plans at the job site shall be cause
for a failure of any inspection.
(Ordinance 1860 adopted 4/12/2010)
During construction projects, certain aspects of the process may not be visible, or exposed for evaluation during the permit process. If, for any reason, the described scope of work within a permit regarding any specific code requirement is changed, altered, or revised the applicant and/or property owner shall be responsible for submitting revised plans to the director's office for review prior to proceeding with construction. Failure to submit revised plans as required herein shall be subject to penalties under section 5-2 and injunctive relief under section 5-3.
(Ordinance 1860 adopted 4/12/2010)
(a)
The purpose
and intent of this section is to discourage persons involved in a
residential construction project, including a property owner or general
contractor, from beginning other major residential construction projects
if a previous project is found to be in violation of this chapter
or other law, including abandoned or unfinished projects that cause
a public nuisance condition and/or substandard or dangerous structure
to exist within the city's jurisdiction. This section is not intended,
however, to impede issuance of permits for minor construction activities,
routine maintenance, to prevent the ability to make a project or residence
safe or secure, or abate a nuisance, and the building official shall
have discretion to grant any permit or general contractor registration,
this section notwithstanding, except for a permit for new residential
construction or major renovation, work which changes the footprint
of a primary or secondary structure, work which alters the exterior
facing facades of primary or secondary structure, pools, or demolition
of a primary or secondary residential structure, if prohibited by
this section.
(b)
If residential
construction authorized by a permit issued by the city on or after
the effective date of the ordinance from which this article is derived,
is not completed within the timeframe specified in the permit (subject
to any extensions as may be lawfully granted by city officials) or
which is otherwise abandoned by the owner or other person named in
a permit related to the project prior to securing final inspection
and issuance of a certificate of occupancy for same, such abandonment
and/or failure to complete the proposed residential construction shall
be considered prima facie evidence of a public nuisance condition
and substandard structure on the lot described in the permit(s), which
shall promptly be investigated under the direction of the building
official and subject to applicable enforcement action(s), if any.
(c)
A person
or entity (including a person or entity with an ownership interest
in an entity applying for a permit) found to have satisfied one (1)
or more of the following conditions shall be deemed ineligible to
receive any new permit relating to construction or home improvement
on any other residential lot, until such time as all the following
conditions have been satisfactorily remedied, including full payment
of any penalties associated therewith:
(1)
An
unresolved stop work order or notice of violation relating to a residential
permit pending within the city; or
(2)
Two
(2) or more stop work orders or notice of violations within the immediately
preceding twenty-four (24) months relating to residential projects
or lots within the city (for the purpose of this section, mere failed
inspections shall not constitute a notice of violation); or
(3)
Three
(3) or more open or unresolved general contractor permits relating
to other residential projects within the city which have remained
open or unresolved for more than two times (2x) the permit's original
stated duration; or
(4)
Six
(6) or more open or unresolved tradesman permits relating to other
residential projects within the city which have remained open or unresolved
for more than two times (2x) the permit's original stated duration;
or
(5)
Currently
indebted to the city; or
(6)
Entered
a plea of guilty or nolo contendere (no contest) or been convicted
of a felony or misdemeanor arising out of a violation of the building
code or local amendments thereto in the state whether or not said
violation involves moral turpitude; or
(7)
Has
been convicted of any penal offense arising out of or related to the
performance of a residential building contract or the registered contractor
suffers a judgment against them in a civil action predicated upon
fraud in connection with the performance of a residential contract;
or
(8)
One (1) or more violations of City Code section 5-53 contractor's registration requirements, within the immediately preceding twenty-four (24) months; or
(9)
Created
a public nuisance and/or substandard or dangerous structure within
the city as a result of residential construction activities, including
failure to timely complete proposed residential construction and/or
abandonment of residential construction prior to securing final inspection
and a certificate of occupancy for same.
(d)
It shall be a defense to any condition satisfied in subsection 5-59(c)(3), (4) and (9), with the exception of a dangerous or unsecured structure condition, that:
(1)
The
person or entity seeking a permit was providing construction services
on the prior permit, and the condition occurred solely due to lack
of payment by owner which was rightfully due; or
(2)
The
person or entity seeking a permit was the developer or owner on the
prior permit, and the condition occurred solely due to the abandonment
of the project by contractor, and less than one hundred and eighty
(180) days has passed since said abandonment.
(Ordinance 2196, sec. 4, adopted 1/23/2023)
