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Chapter 14
NO. 2007-231
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MARTINDALE, TEXAS AMENDING AND REPLACING PRIOR ORDINANCES OF THE
CITY RELATING TO BUILDING REGULATIONS AND ADOPTING CERTAIN
INTERNATIONAL BUILDING AND RELATED CODES, PROVIDING FOR ENFORCEMENT
AND ESTABLISHING REGULATIONS FOR THE CONSTRUCTION AND OCCUPATION OF
BUILDINGS AND RESIDENCES WITHIN THE CITY AND PROVIDING A PENALTY FOR
VIOLATION OF ITS TERMS.
WHEREAS, the City Council of the City
of Martindale, Texas has determined that Ordinance No. 2007-226 passed
on the 18th day of September, 2007, should be repealed in
its entirety in order to provide for continuity and to facilitate the
promulgation of rules adopted in said Ordinance to builders and
citizens of Martindale; and
WHEREAS, Ordinance No. 2007-226
repealed Ordinance No. 94-1207, adopted December 20, 1994 and
Ordinance No. 02-1207, adopted July 16, 2002, and the repeal of
Ordinance No. 2007-226 would eliminate such repeals; and
WHEREAS, it is necessary to
establish, in one ordinance, regulations pertaining to the
construction, alteration and occupation of buildings within the City
and to adopt current codes that govern construction within the City;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF MARTINDALE, TEXAS:
THAT Ordinance No. 2007-226 adopted
on September 18, 2007 is hereby repealed in its entirety. The
provisions of this Ordinance shall replace the provisions of Ordinance
No. 2007-226.
THAT this Ordinance shall be
indexed under Chapter 14 in the indexing scheme adopted for Ordinances
for the City of Martindale.
THAT Ordinance No. 94-1207 and
Ordinance No. 02-1207 are hereby repealed in their entirety.
THAT the following regulations are
adopted in lieu of the provisions contained in Ordinance No. 2007-226,
Ordinance 94-1207 and Ordinance No. 02-1207:
Sec. 1.001 Definitions
International Code means any code
published by the International Code Council, Inc.
ICC means the International Code
Council, Inc.
SBCCI means the Southern Building
Code Congress International, Inc.
The definitions contained in Subchapter G
of Chapter 214 of the Texas Local Government Code are hereby
reaffirmed as applicable to the subject matter of this Ordinance.
Sec. 1.002 Adoption of Codes
(a) The following codes are adopted
to govern construction and construction-related activities:
- 2006 International Building Code (IBC)
- 2006 International Residential Code (IRC)
- 2006 International Energy Conservation Code (IECC)
- 2006 International Mechanical Code (IMC)
- 2006 International Plumbing Code (IPC)
- 2006 International Fire Code (IFC)
- 2006 International Fuel Gas Code (IFGC)
- 2005 National Electrical Code (NEC)
(b) If there is a conflict between
a state law and an adopted code or the provisions of this
Ordinance, the state law will take precedence. In cases of a
conflict between a provision of this Ordinance and these adopted
codes, the provisions of this Ordinance will take precedence.
Otherwise, all structures shall be designed, built and maintained
in accordance with these adopted codes, except as expressly set
forth herein.
(c) Upon the amendment of any of
the Codes herein adopted, the amendment shall automatically be
part of the Code that regulates the subject matter thereof within
the City, unless provided otherwise by the provisions of this
Ordinance or subsequent Ordinances.
Sec. 1.003 Building Inspections
All building inspections and inspections
relating to construction under the terms of this Ordinance and the
Codes hereby adopted shall be performed by such personnel as may be
employed by the City to perform same, whether by a person or persons
employed by the City or by independent contractor. Such person shall
have the authority of the building official or building inspector
under the Codes adopted herein and under the provisions of this
Ordinance.
Sec. 1.004 Conflict of Interest
No person who exercises the function of
building inspections on behalf of the City shall have a financial
interest in any construction activity within the City limits or the
City’s extraterritorial jurisdiction at the time they perform such
services on behalf of the City. The term "construction activity"
includes:
(a) The preparation of plans,
specifications or cost estimates for any construction work;
(b) The furnishing of labor, materials
or supplies for any construction work;
(c) The provision of maintenance
or repair services, or replacement parts, supplies, equipment or
appliances for any existing structure;
(d) The provision of construction
consulting or project management services; and
- The provision of real estate inspection services.
The restriction contained in this Section
shall not extend to a person’s interest in a residence owned and
occupied by the person as a homestead, but such person may not be
involved in the plan review, permit issuance or inspection of any
construction work on his or her homestead.
Sec. 1.005 Records
The building official or company
performing such function shall cause a record to be kept of the
business undertaken on behalf of the City which shall be delivered to
the City Secretary for keeping as a public record of the City.
Sec. 1.006 Permit Application – Filing; Fees
(a) All permit applications shall
be made upon forms provided by the building official.
(b) Once a permit application has
been determined by the building official to be complete, the
building official will inform the applicant of the amount of the
permit fee. An application will not be considered to be filed with
the building official until such verification and until the full
amount of the permit fee is paid. A permit fee may be wholly or
partially waived in a written development incentive agreement with
the City.
(c) The building official may
require that a plan review fee be paid by a permit applicant at
the time an application is submitted. The payment of the plan
review fee will not be deemed to constitute the filing of the
application, and the application will not be considered to be
filed with the building official unless and until the application
is verified to be complete and the full amount of the permit fee
is paid. The plan review fee shall be sixty-five per cent
(65%) of the building permit fee as shown in Table 1-A. The plan
review fees specified in this Section are separate fees from the
permit fees and are in addition to the permit fees.
(d) If the scope of work is
increased during the construction period relative to the work
authorized to be done under the permit, the permit holder shall
file an amended permit application and pay additional fees that
are assessed based on the increase in scope prior to beginning any
work not covered by the original permit.
- Permit fees – The fee for each permit shall be as set forth in
Table 1-A.
Plan Review Fees – When submittal
documents are required, a plan review fee shall be paid at the
time of submitting the submittal documents for plan review. Said
plan review fee shall be 65 per cent of the building permit
fee as shown in Table 1-A.
The plan review fees specified in
this section are separate fees from the permit fees, and are in
addition to the permit fees.
Table 1-A – Building Permit Fees
|
Valuation |
Fee |
|
$1.00 to $10,000.00 |
$80.00 |
|
$10,001.00 to $25,000.00 |
$181.25 for the first $10,000.00 plus
$14.00 for each additional $1,000.00, or fraction thereof, to and
including $25,000.00 |
|
$25,001.00 to $50,000.00 |
$391.25 for the first $25,000.00 plus
$10.10 for each additional $1,000.00, or fraction thereof, to and
including $50,000.00. |
|
$50,001.00 to $100,000.00 |
$643.75 for the first $50,000.00 plus
$7.00 for each additional $1,000.00, or fraction thereof, to and
including $100,000.00. |
|
$100,001.00 to $500,000.00 |
$993.75 for the first $100,000.00
plus $5.60 for each additional $1,000.00, or fraction thereof, to
and including $500,000.00. |
|
$500,001.00 to $1,000,000.00 |
$3,233.75 for the first $500,000.00
plus $4.75 for each additional $1,000.00, or fraction thereof, to
and including $1,000,000.00. |
|
$1,000,001.00 and up |
$5,608.75 for the first $1,000,000.00
plus $3.15 for each additional $1,000,000.00, or fraction thereof. |
Building Permit Valuation – The
building permit fee charged to build a new building, to add on to
an existing building, to remodel or to alter an existing building
shall be based on the declared valuation of the proposed work.
For one- and two-family dwellings only, the value of $60.00 per
square foot of total area under roof shall be used to determine
the valuation for the purpose of computing permit fees in
accordance with Table 1-A. The Building Official may require the
applicant to verify the declared value. The building permit fee
shall be calculated based upon figures from Table 1-A.
(f) One permit will be issued for the
entire construction to the general or prime contractor. However,
it shall be necessary for the prime contractor to provide proof
that all subcontractors and journeymen on the job have appropriate
licenses to perform the work that they are to perform including,
without limitation, plumbing, electrical and HVAC. No permit shall
be issued to a general contractor absent proof of licensed trades
as indicated.
Sec. 1.007 Certificate of Insurance
Required for Contractors.
(a) A builder who files an
application for a permit shall provide or already have provided
the building inspector a certificate of insurance that meets the
requirements of subsection (b) hereafter. A permit will not be
issued until such certificate of insurance has been filed.
(b) A certificate of insurance
shall:
(1) Be written by a company
licensed to do business in the State of Texas;
(2) Provide for commercial
general liability insurance coverage for the builder for
claims for property damage or bodily injury; and
- Be in a coverage amount of not less than $300,000.00 for
all claims arising in any one-year period.
- Will provide such coverage for the period of time
anticipated to be involved in the construction for which the
permit is issued. In the event that coverage certified to
expires during a period of construction, a replacement
certificate providing for coverage for the remainder of the
construction period shall be required.
(c) This Section shall not alter
the responsibility of any person performing construction activity
for damages to anyone or for performance of any contract. Neither
the City nor any City employee or contractor assumes any liability
on the basis of inspection activity or the issuance of a license,
certificate or permit.
Sec. 1.008 Building Accessibility
Compliance with all building
accessibility standards of State and Federal law shall be required as
a condition of the issuance of any building or construction permit.
Sec. 1.009 Construction Noise
(a) It is unlawful for a person to
cause construction noise to be made between 9:00 p.m. and 7:00
a.m. if the noise can be heard from any public street or from a
residence on private property other than the property on which the
noise is made.
(b) This section does not apply to:
(1) Construction noise from
construction activities performed by or for a governmental
entity;
(2) Construction noise from
emergency construction activities conducted solely to
alleviate an imminent danger to persons or property; or,
(3) Construction noise from
construction activities that are required in order for the
installation or performance of certain systems or subsystems
to meet best practices of building construction. This
exception will apply only upon the building official's prior
written approval. To obtain the building official's approval a
contractor must provide written certification from a licensed
professional engineer and any other information the building
official determines is required to prove that the activity is
required for best practices. Granting the exception is within
the sole discretion of the building official.
(c) Any person who violates the
provisions of this Section shall be guilty of a misdemeanor and
subject to a fine in accordance with the terms of this Ordinance.
Sec. 1.010 Time for Issuance of
Permit
- Not later than the 45th day after the date an
application for a permit is submitted under the terms of this
Ordinance, the City must:
- Grant or deny the permit;
- Provide written notice to the applicant stating the reasons
why the City has been able to grant or deny the permit
application; or
- Reach a written agreement with the applicant providing for a
deadline for granting or denying the permit.
- For a permit application for which notice is provided under
Subsection (a)(2), the City must grant or deny the permit not
later than the 30th day after the date the notice is
received.
- If the City fails to grant or deny a permit application in the
time required by Subsection (b) or by an agreement under
Subsection (a)(3), the City:
- May not collect any permit fees associated with the
application; and
- Shall refund to the applicant any permit fees associated
with the application that have been collected.
- The City shall act through the building official or the board
of adjustments and appeals as to any matter for which an appeal
has been taken.
Sec. 1.011 Board of Adjustments and
Appeals
(a) Appointment – There is
hereby established a Board of Adjustments and Appeals which shall
consist of three members and two alternates. The Board and
alternates shall be appointed by the Mayor and confirmed by the
City Council. To the extent possible, the Board Members shall be
residents of the City with knowledge and experience in the
building trades. The Board Members shall be appointed by the time
of the first regular meeting of the City Council after the regular
municipal election each year and confirmed by vote of the City
Council at such meeting. A simple majority of the Board shall
constitute a quorum and a majority vote of the entire three-member
Board shall be required to modify a decision of the building
official. In the event that regular Members are unable to attend
the meeting so as to cause a quorum not to be present or so as to
prohibit the majority vote herein required, one or more alternate
members shall be entitled to vote at such meeting. The building
official or his appointee shall act as secretary of the Board and
shall make a detailed record and minutes of its proceedings which
shall set forth the reasons for Board decisions, the vote of each
Member and any failure of a Member to vote or be present. All
minutes shall be delivered promptly to the City Secretary upon
their completion for inclusion as part of the City’s records.
(b) Powers and Decision – The
Board of Adjustments and Appeals shall have the power to hear
appeals of decisions of the building official and to consider
variances from the Codes as provided in such Codes and otherwise
in accordance with law.
(c) Notice of Appeal – Notice
of appeal from a decision of the building official shall be in
writing and submitted to the City Secretary. Said notice shall
contain a detailed statement of the reasons for the appeal and
shall be filed within thirty days after the decision of the
building official from which an appeal is being taking. The City
Secretary shall promptly notify the Board Chair of the filing of
such an appeal and the Board shall schedule a meeting to consider
the appeal promptly, but no later than within fifteen days from
the date the appeal has been filed with the City Secretary. In the
case of a building structure or service system that, in the
opinion of the building official, is unsafe, unsanitary or
dangerous, the building official may limit the time for such
appeal to a shorter period and shall so state in writing such
decision.
(d) Decisions – The Board of
Adjustments and Appeals shall reach a decision on any appeal
without unreasonable delay and in accordance with the time limits
contained in Section 10.010.
Sec. 1.012 Effective Date
This Ordinance shall take effect upon
publication of the caption hereof in the official City newspaper.
Sec. 1.013 Repealing Ordinances in
Conflict
All Ordinances, Resolutions and Orders or
parts thereof in conflict herewith shall be and same are hereby
repealed and this Ordinance shall be in full force and effect upon its
passage and publication, as provided by law.
Sec. 1.014 Savings Clause
If any word, phrase, clause, sentence or
part of this Ordinance shall be held by any court of competent
jurisdiction to be invalid or unconstitutional or for other reasons
void or unconstitutional it shall not affect any other word, phrase,
clause, sentence or part of this Ordinance and such remaining portions
shall remain in full force and effect.
Sec. 1.015 Penalties
Any violation of the terms of this
Ordinance may be punished by a fine not to exceed $500.00; except,
however, any violation of a rule that governs fire safety or public
health and sanitation, including the dumping of refuse, may be
punished by a find not to exceed $2,000.00. The provisions of this
Section shall be subject to any future amendment of Section 54.001 of
the Texas Local Government Code.
Sec. 1.016 Publication and Effective
Date
This Ordinance shall take effect upon
publication of the caption of same in the official newspaper of the
City pursuant to Section 52.001 of the Texas Local Government Code.
PASSED AND APPROVED on this 16th
day of October, 2007.
CITY OF MARTINDALE, TEXAS
By: ___________________________________
Mayor
ATTEST:
_______________________________
City Secretary
APPROVED AS TO FORM:
______________________________
W. W. McNeal, City Attorney
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