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HomeMy WebLinkAboutPO 6634: REPEALING AND REPLACING CHAPTER 18, ARTICLE II - BUILDING CODE AND ADOPTING THE 2015 INTERNATIONAL BUILDING CODE City of , 0l nrl ,-Thur Texas INTEROFFICE MEMORANDUM Department of Development Services Department of Inspections & Code Compliance Building Inspections Division Date: July 10, 2018 • To: Harvey L. Robinson, Interim City Manager Mayor and City Council From: Darlene Thomas-Pierre, Director of Inspections & Code Compliance Phillip Vilardi, Building Official Re: P. O. NO. 6634 — AN ORDINANCE REPEALING AND REPLACING CHAPTER 18, ARTICLE II—BUILDING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR, THEREBY ADOPTING THE STATE MANDATED 2015 EDITION OF THE INTERNATIONAL BUILDING CODE (IBC) PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC. (ICC); PROVIDING CERTAIN AMENDMENTS THERETO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING A PENALTY FOR VIOLATION BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS ($2,000), AS PROVIDED IN SECTION 18-43 OF THE CODE OR AS OTHERWISE IMPOSED BY STATE LAW; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY AFTER PUBLICATION COMMENT Nature of the Request: Staff recommends that the City Council adopt P. O. No. 6634, repealing and replacing Chapter 18, Article II — Building Code, of the Code of Ordinances, thereby adopting the 2015 International Building Code (IBC) to coincide with codes adopted by the State of Texas; and providing for a penalty, for publication and an effective date. This will achieve compliance with the State of Texas' mandate for adoption of the 2015 International Building Code, and ensuring safer construction standards for the City of Port Arthur. StaffAnalysis/Considerations: The City of Port Arthur is currently operating under the 2012 International Building Code. Recommendation: Staff recommends that the City Council adopt P. O. No. 6634, thereby updating the Building Code. Budget Consideration: Not Applicable. DTP cc: Ron Burton, Assistant City Manager "Remember we are here to serve the Citizens of Port Arthur" P.O.BOX 1089 •PORT ARTHUR,TEXAS 77641-1089 409/983-8209 FAX 409/983-8130 P. O. NO. 6634 07/09/18 DTP ORDINANCE NO. AN ORDINANCE REPEALING AND REPLACING CHAPTER 18,ARTICLE II—BUILDING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR,THEREBY ADOPTING THE STATE MANDATED 2015 EDITION OF THE INTERNATIONAL BUILDING CODE (IBC) PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, INC. (ICC); PROVIDING CERTAIN AMENDMENTS THERETO; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH;PROVIDING A PENALTY FOR VIOLATION BY FINE NOT EXCEEDING TWO THOUSAND DOLLARS ($2,000), AS PROVIDED IN SECTION 18-43 OF THE CODE OR AS OTHERWISE IMPOSED BY STATE LAW;AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE IMMEDIATELY AFTER PUBLICATION WHEREAS, Chapter 18,Article II—Building Code,of the City of Port Arthur's Code of Ordinances sets forth requirements for construction;and it contains the specific codes and ordinances that make up the building code;and WHEREAS,the State of Texas has adopted and mandated the adoption of the 2015 International Building Code (IBC); and WHEREAS,the City Council deems it in the best interest of the citizens of the City of Port Arthur to adopt the International Building Code, 2015 Edition, as published by the International Code Council, Inc., and may make variations thereof that do not substantially vary from the rules or laws of this State; and WHEREAS,the City Council of Port Arthur deems it in the best interest of the citizens of the city to adopt the 2015 International Building Code with the exceptions thereto; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. THAT the facts and opinions in the preamble are true and correct. Section 2. THAT the City of Port Arthur hereby repeals and replaces the existing Article II Building Code of Chapter 18—Buildings,thereby adopting the 2015 International Building Code(IBC),as delineated in Exhibit A, and the red-lined version shows the amendments in Exhibit B. P. O. NO. 6634 1 P. O. NO. 6634 07/09/18 DTP Section 3. "I'HA"T all ordinances or parts of ordinances in conflict herewith are herein repealed.but only to the extent of said conflict. Section 4. That any person who violates any provisions of this Ordinance or who shall neglect to comply with the terms hereof shall be guilty of a misdemeanor and shall on conviction thereof be fined in any sum not less than one dollar ($1.00) nor more than two thousand dollars ($2,000.00) as provided in the Code of Ordinances, and each violation shall constitute a separate offense. Section 5. That this Ordinance or its caption and penalty shall be published one(1)time within ten (10)days after final passage hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect immediately after date of publication. Section 6. THAT a copy of the caption of this resolution be spread upon the Minutes of the City Council. READ, ADOPTED,AND APPROVED this the 14tH day of August,A.D.,2018,at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: _ Councilmembers: NOES: MAYOR ATTEST: APPROVED AS TO FORM: SHERRI BELLARD AL TIZE 0 CITY SECRETARY CITY ATTORNEY 2 P. O. NO. 6634 07/09/18 DTP APPROVED FOR ADMINISTRATION: HARVEY L. ROBINSON 1 1 ENE TH rr'WIERRE INTERIM CITY MANAGER P CTOR OF INSPECTIONS/ IDE COMPLIANCE 3 Exhibit A ARTICLE II. - BUILDING CODE • Sec. 18-31. - Adopted. The International Building Code, 2015 Edition, hereinafter referred to as the "building code" as published by the International Code Council, Inc., is herein adopted as the Building Code of the City of Port Arthur, save and except such portions as are hereinafter deleted, modified, or amended, of which code not less than one copy has been and now is filed in the office of the City Secretary of the City of Port Arthur and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect, provisions thereof shall be controlling within the limits of the City of Port Arthur. • Sec. 18-32. - Appendices, amendments and exceptions. The International Building Code 2015 Edition appendices, amendments and exceptions adopted by this article, are hereby amended, altered and changed in the following respects: Section-101.2.1 Appendices. The appendices listed herein are adopted for enforcement: Appendix "C" (Group U -Agricultural Buildings) Appendix "D" (Fire Districts) Appendix "E" (Supplementary Accessibility Requirements) Appendix "F" (Rodent Proofing) Appendix "G" (Flood-Resistant Construction) Delete Section G105 Variances Appendix "H" (Signs) Appendix "I" (Patio Covers) Appendix "K" (Administrative Provisions) • Section 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Gas. The provisions of the 2015 International Fuel Gas Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.2 Mechanical. The provisions of the 2015 International Mechanical Code shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air- conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.3 Plumbing. The provisions of the 2015 International Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems. 101.4.4 Property maintenance. The provisions of the 2015 International Property Maintenance Code shall apply to the existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. 101.4.5 Fire prevention. The provision of the 2015 International Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazards of fire and explosion arising from storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The current provisions of the 2015 International Energy Conservation Code shall apply to all matters governing the design and construction of buildings for energy efficiency. All inspections for compliance with the 2015 International Energy Conservation Code and Chapter 11 of the 2015 International Residential Code Shall be made by Qualified third party inspectors at the expense of the owner or contractor. The City of Port Arthur will not issue a certificate of occupancy until receipt of the energy code compliance report produced by a registered energy code compliance inspector. 101.4.7 Existing Buildings. The provisions of the 2015 International Existing Building Code shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings. Section 103—Department of Building Safety is hereby amended to read as follows: 103.1— Creation of enforcement agency. The Permits and Inspections Department is hereby charged with the enforcement of the Building code and the Building Official will be the chief enforcement officer. Section 105—Permits, is hereby amended to read as follows: Section 105.1.1 Annual permit is deleted. Section 105.1.2 Annual permit records are deleted. Section 105.2 Work exempt from permits. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner that violates the provisions of this code or any other laws or ordinances of the City of Port Arthur. Permits shall not be required for the following: Buildings: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15m2). 2. Oil derricks. 3. Painting, papering, tiling, carpeting, cabinets counters tops, and similar finish work. 4. Temporary motion picture, television and theater stage sets and scenery. 5. Prefabricated swimming pools accessory to Group R-3 occupancy, as applicable in Section 101.2, which are less than 24 inches (610mm) deep, do not exceed 5,000 gallons (19,000 L) and are installed entirely above ground. 1111 6. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems. 7. Swings and other playground equipment accessory to one- and two-family dwellings. 8. Windows awnings supported by an exterior wall of Group R-3, as applicable in Section 101.2, and Group U occupancies. 9. Movable cases counters and partitions not over 5 feet 9 inches (1,753) in height. Section 105.6 Suspension or Revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever this permit is issued in error or on a basis of incorrect, inaccurate or incomplete information, or in violation of the any ordinance or regulation or any of the provisions of this code or the permitee has not complied with the demolition work plan agreement. 106.1.1.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to the Fire Marshal's Office for review. Section 110.3 Certificate Issued is hereby amended to read as follows: Section 110.3 After the Building Official or his designees inspect the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building inspections, The Building Official shall issue a certificate of occupancy that shall contain the following: 1. The buildings permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. The name of the building official. 6. The use and occupancy, in accordance with the provisions of Chapter 3 of the IBC. 7. The type of construction as defined in Chapter 6 of the IBC. 8. Any special stipulations and conditions of the building permit. Section 112—Board of Appeals is hereby amended to read as follows: Section 112.1 General The City's Construction Board of Adjustments and Appeals shall decide and hear all appeals of order made to the Building Official relevant to the application and interpretation of this code. The Board may adopt rules and procedures. Section 308.6 Institutional Group I-A, day care facilities. This group shall include buildings and structures occupied by more than five persons of any age who receive custodial care for fewer than 24 hours per day by persons other than parents or guardians, relatives by blood, marriage or adoption and in a place other than the home of the person cared for. This group shall include, but not limited to, the following: Adult day care Child care These facilities will be required to have a current license from the State of Texas to operate; they must also maintain a current Health Inspection from the City of Port Arthur's Health Department, have a Certificate of Occupancy from the City's Building Inspection Division and have a current Fire Inspection from the Fire Department. They must also have an annual inspection performed by the Health Department and the Fire Department in order to maintain their Certificate of Occupancy. Failure to meet the listed criteria will be cause for revocation of the Certificate of Occupancy. Failure to meet any of these requirements will result in the revocation of the City's Certificate of Occupancy. Section 3109 Swimming Pool Enclosures is hereby amended to read as follows: 3109.3 Public swimming pools. Public swimming pools shall be completely enclosed by a fence 6 feet in height or a screened enclosure. Openings in the fence shall not permit the passage of a 4-inch sphere. The fence or screened enclosure shall be equipped with self-closing and self-latching gates. Section 3202.3.1 Awnings, canopies, marquees and signs is hereby deleted. Section 420 Groups I-1, R-1, R-2, R-3 Section 420.5 Automatic Sprinklers Systems. Group R-3 (One- and Two-Family dwellings) occupancies shall not be required to be equipped with an automatic sprinklers system as per SB 1410 of the Texas Legislature. Cross reference Chapter 38— Fire Prevention and Protection • Sec. 18-33. - Permit schedule. (a)Permit fees. The city adopts in this section the following Appendix B, Schedule of Fees: APPENDIX B SCHEDULE OF PERMIT FEES Section 8101, Permit Fees: On all buildings, structures or alterations, Commercial or Residential, requiring a building permit, a fee for each building permit shall be paid as required at the time the permit is issued. In accordance with the following schedule: Total Valuation Fee $1,001.00 to $35.00 for the first $1,000.00 plus $6.25 each additional thousand or $50,000.00 fraction thereof, to and including$50,000.00 $50,001.00 to $293.00 for the first $50,000.00 plus $5.20 for each additional thousand $100,000.00 or fraction thereof, to and including $100,000.00 $100,001.00 to $500.00 for the first $100,000.00 plus $4.15 for each additional thousand $500,000.00 or fraction thereof, to and including $500,000.00 $2,000.00 for the first $500,000.00 plus $3.10 for each additional $500,001.00 and up thousand or fraction thereof Minimum Permit Fee $35.00 Certificate of Occupancy $75.00 Temporary Certificate of Occupancy $45.00 Re-inspection Fee $45.00 Overtime Inspections(minimum 4 hrs at$35.00 per hour) $140.00 New Address or Address Changes: Single Address $35.00 Two or more per address $10.00 (each additional address) Parking Lots/Paving First 1,000 sq.ft. $40.00 Each additional 1000sq.ft. $2.00 Driveways Residential $35.00 Commercial $75.00 Section B 102, Moving Fee: For the moving of any building or structures or the moving of large industrial equipment, the fee shall be $200.00. Section B 103, Demolition Fee: For the demolition of any building or structure, the fee shall be $150.00 and is non refundable.Section B104, Penalties: Where work for which a permit is required by this code is started or preceded prior to obtaining said Permit,the fees herein specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed in the Code of Ordinance of the City of Port Arthur. Section B105, Plan-Checking Fee: When the valuation of the proposed construction exceeds $1,000.00 and/or plans are required to be submitted per section B-104, 2015 International Building Code, a plan checking fee shall be paid when an application for a building permit is submitted. Such plan-checking fee shall be equal to (65%) of the building permit fee. The plan checking fee shall be in addition to the building permit fee and shall apply to commercial and residential permits. Section B-105(a): Prior to the start of any new construction activity a Storm Water Permit shall be issued pursuant to V.T.C.A., Water Code § 26.040 and Section 402 of the Clean Water Act. Base fee for this permit is $45.00 per acreage. Section B-105(b): Revisions to commercial plans shall be accompanied by a $50.00 revision fee. Section B 106, Exceptions to the Permit Fee: Jefferson County; City of Port Arthur; The Building Official may waive fees for other municipal or governmental projects as deemed applicable on a case by case basis including but not limited to; (1) Community housing programs and subrecipients as it pertains to city housing programs; (2) Any nonprofit organization that will be assisting citizens who are unable to repair their property; the City of Port Arthur will waive all permit fees that are associated with the repair project. (3) Other Exemptions will be considered due to force majeure. • Sec. 18-34. - Permit fees for multifamily housing projects. The city may waive its building permit and utility tap fees for multifamily housing projects that are approved under the low income housing tax credit program, as administered by the state department of housing and community affairs and that provide affordable housing and housing for low and moderate income households with the City Managers approval. Sec. 18-35. —Application; information. (a)Application by contractor. A registered contractor (or his duly authorized agent) shall make application for permits, for work on any type of structures inclusive of rental units, either in writing upon the forms provided by the building official for that purpose, or orally by telephone upon establishment of a suitable escrow account. An applicant must describe the character and kind of work to be done and furnish a detailed description of such work, including the following information: (1) Name and address of contractor, firm or person desiring permit. (2) Name of owner of premises where work is to be done. (3) Street and number of such premises. (4) Kind of building. (5) A description of work. (b) Application by homeowner. Application by a homeowner for permits on his homestead, exclusive of any rental units thereon, shall be made in writing upon the forms provided by the building official for that purpose. With such application, there shall be filed a diagram or plan showing clearly the character and kind of work to be done. The plan or diagram shall show the manner in which the work will be accomplished. Such application shall include the following information: (1) Street and house number; (2) Name of owner; (3) Kind of building; and (4) A description of the work.. The diagram or plans and application shall be referred to the building official, who shall have the authority to issue or refuse to issue a permit. All work must be performed by the homeowner. • Sec. 18-36. - Permit required for abattoirs, slaughterhouses, tanneries, sewage plants and similar structures. (a)Any person desiring to erect, construct or maintain any abattoir, slaughterhouse, glue factory, tannery, sewage disposal plant, or any similar structure shall, prior to beginning the erection or construction of such structures, file with the city secretary a written request addressed to the city council, stating: (1) He or they desire to erect, establish and maintain an abattoir, slaughterhouse, glue factory, tannery, sewage disposal plant or a similar structure within the city; (2) The proposed location and probable cost; (3) Such applications shall be accompanied by complete plans and specifications showing in detail the proposed arrangement, material, equipment and operation of such building, stock pens, chutes, etc. (b) Such application, plans and specifications shall be thoroughly examined by the city council, or a committee appointed by the city council, and if the proposed structure and location is satisfactory to the city council, it shall instruct the mayor to issue a written permit for the erection, establishment and maintenance of such abattoir, slaughterhouse, tannery, glue factory, sewage disposal plant or similar structure, and the city secretary shall record the permit in full, in a book to be kept for that purpose. (c) If such application is, for any reason, refused by the city council, the mayor shall notify the applicant to that effect in writing. The action of the city council in approving or disapproving the application shall be final. • Sec. 18-37. - Contractor liability insurance or bonds. It shall be the duty of every contractor or builder engaged in the business of erecting, construction, enlarging, repairing, moving, improving, converting or demolishing buildings and structures for which a permit is required, and every contractor or builder making such contracts and subletting such structures or any of their parts, to deposit with the city good and sufficient general liability insurance listing the City of Port Arthur as a certificate holder in the amount of a minimum of a $100,000.00 and a bond for $25,000 for projects within the City of Port Arthur approved by the Code Compliance Director or his designee; conditioned that the person engaged in such business will faithfully observe and conform to the regulations of the city's building code and other ordinances of the city in reference to construction, enlargement, repair, moving, improving, removing, conversion or demolition of buildings and structures. The city shall be indemnified and held harmless from all claims, suits, actions and proceedings of every nature and description arising from accidents and damage of any character whatsoever caused by such person or agents or employees engages in such business, on account of failure to conform to the regulations of the city's building code and other ordinances of the city in reference to such permitted work. (1) Contractors who specialize in minor repair work such as roof work, foundation repair work will be required to provide a bond in the amount of$15,000.00 approved by the director or his designee conditioned that the person or persons performing the work comply with the regulations of the city's building codes and other ordinances. (2) Trade Contractors such as Electrical, Plumbing, and Mechanical Will be required to furnish a certificate of liability insurance with the City of Port Arthur named as the certificate holder in the amount of$100,000 minimum and comply with all codes of the State and all city ordinances. • Sec. 18-38. - Fire hydrants. Requirements;All sites being built upon shall have adequate access to fire hydrants, water lines and fire access drives in accordance with the type of construction. It shall be the responsibility of the owner to provide and maintain such fire hydrants, water lines and fire access drives. During construction, water lines, hydrants, and all-weather access drives shall be installed and usable for fire protection in such a manner that distances to buildings are not exceeded by more than 150 feet at any point when construction has progressed above foundation level. Cross reference Chapter 38 — Fire Prevention and protection Sec. 18-39. - Requirements for the installation of burglar bars in dwellings. (a) Burglar bars, bars, grilles, grates or similar devices may be installed on an emergency escape or rescue window or door in sleeping rooms, provided that: (1) One rescue window in each room shall be equipped with a release mechanism which will be operable from the inside without the use of a key, special tool or special knowledge or effort. Rooms without a rescue window shall be required to have an exterior door with a release mechanism as required in this subsection. (2) Smoke detectors shall be installed so each sleeping room will be within ten feet of a smoke detector, or a smoke detector shall be installed inside the sleeping room. There shall be a minimum of two smoke detectors in every dwelling, at least one on each habitable story of the home. Locations shall be in accordance with manufacturer's recommendation for installation. Smoke detectors are to be Underwriters' Laboratories, Inc. (U.L.) approved. (b) Burglar bars, bars, grilles, grates or similar devices may be installed on an emergency escape or rescue window or door in a nonsleeping room of a dwelling, provided that they shall be equipped with a release mechanism as stated in subsection (a) of this section. Rooms without a rescue window shall be required to have a door with a release mechanism as stated in subsection (a) of this section. • Sec. 18-40. - Conflicting provisions. If there are any conflicts between city codes, the stricter provisions shall apply. • Sec. 18-41. - Construction board of adjustment and appeals. The construction board of adjustment and appeals shall be as provided in article VII, chapter 14 of this Code. Cross reference— Boards, authorities, commissions and committees, ch. 14. • Sec. 18-42. - Enforcement. The Building Official shall enforce the building code as delineated in this article. • Sec. 18-43. - Penalty for violation of article. The penalty for a violation of this article shall not exceed $2,000.00 per day. • Secs. 18-44-18-70. - Reserved. Exhibit B • ARTICLE II.- BUILDING CODEu • Sec. 18-31.-Adopted. I The International Building Code,2012 2015 Edition,hereinafter referred to as the"building code"as published by the International Building Code Council, Inc.,is herein adopted as the Building Code of the City of Port Arthur,save and except such portions as are hereinafter deleted,modified,or amended,of which code not less than one copy has been and now is filed in the office of the City Secretary of the City of Port Arthur and the same is hereby adopted and incorporated as fully as if set out at length herein,and from the date on which this section shall take effect,provisions thereof shall be controlling within the limits of the City of Port Arthur. (Code 1961, §6-14;Ord.No.03-002, §2, 1-7-2003;Ord.No.05-92, §2, 12-20-2005;Ord.No. 08-01,exh.A, 1-2-2008; Ord.No. 12-66, §2(exh.A), 10-2-2012) • Sec. 18-32.-Appendices,amendments and exceptions. The International Building Code 2012 2015 Edition appendices,amendments and exceptions adopted by this article,are hereby amended,altered and changed in the following respects: Section-101.2.1 Appendices. The appendices listed herein are adopted for enforcement: Appendix"C" (Group U-Agricultural Buildings) Appendix"D" (Fire Districts) Appendix"E" (Supplementary Accessibility Requirements) Appendix"F" (Rodent Proofing) Appendix"G"(Flood-Resistant Construction)Delete Section G105 Variances Appendix"H"(Signs) Appendix"I" (Patio Covers) Appendix"K"(Administrative Provisions) Section 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Electrical. The provisions of the NEC 2011 Electrical Code shall apply to the 101.4.1 Gas.The provisions of the 2015 International Fuel Gas Code shall apply to the installation of qas piping from the point of delivery,gas appliances and related accessories as covered in this code.These requirements apply to qas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories 101.4.2 Gas. The provisions of the 2012 International Fuel Gas Code shall apply to the covered in this code.These requirements apply to gas piping systems extending from the point 101.4.2 Mechanical.The provisions of the 2015 International Mechanical Code shall apply to the installation, alterations,repairs and replacement of mechanical systems, including equipment, appliances,fixtures,fittings and/or appurtenances,including ventilating, heating,cooling, air- conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.3 Mechanical. The provisions of the 2012 International Mechanical Code shall systems. 101.4.3 Plumbing.The provisions of the 2015 International Plumbing Code shall apply to the installation,alteration, repair and replacement of plumbing systems, including equipment, appliances,fixtures,fittings and appurtenances,and where connected to a water or sewage system and all aspects of a medical qas system.The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems. system and all aspects of a medical gas system The provisions of the International Private 101.4.4 Property maintenance.The provisions of the 2015 International Property Maintenance Code shall apply to the existing structures and premises;equipment and facilities; light,ventilation,space heating,sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants;and occupancy of existing premises and structures. 101.4.5 Property maintenance. The provisions of the 2012 International Property light, ventilation, space heating, sanitation, life and fire safety hazards;responsibilities of 101.4.5 Fire prevention.The provision of the 2015 International Fire Code shall apply to matters affecting or relating to structures, processes and premises from the hazards of fire and explosion arising from storage,handling or use of structures,materials or devices;from conditions hazardous to life, property or public welfare in the occupancy of structures or premises;and from the construction,extension,repair,alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Fire prevention. The provision of the 2012 International Fire Code shall apply to operation7 101.4.6 Energy.The current provisions of the 2015 International Energy Conservation Code shall apply to all matters governing the design and construction of buildings for enemy efficiency. All inspections for compliance with the 2015 International Energy Conservation Code and Chapter 11 of the 2015 International Residential Code Shall be made by Qualified third party inspectors at the expense of the owner or contractor.The City of Port Arthur will not issue a certificate of occupancy until receipt of the energy code compliance report produced by a registered energy code compliance inspector. 101.1.7 Energy. The current provisions of the International Energy Conservation Code efficiency. 101.4.7 Existing Buildings.The provisions of the 2015 International Existing Building Code shall apply to matters governing the repair, alteration,change of occupancy,addition to and relocation of existing buildings. Section 103—Department of Building Safety is hereby amended to read as follows: 103.1—Creation of enforcement agency. The Code Enforcement Department is hereby charged with the enforcement of this code and the Director of Code Enforcement will be the chief enforcement officer.The Permits and Inspections Department is hereby charged with the enforcement of the Building code and the Building Official will be the chief enforcement officer. Section 105—Permits, is hereby amended to read as follows: Section 105.1.1 Annual permit is deleted. Section 105.1.2 Annual permit records are deleted. Section 105.2 Work exempt from permits. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner that violates the provisions of this code or any other laws or ordinances of the City of Port Arthur.Permits shall not be required for the following: Buildings: 1. One-story detached accessory structures used as tool and storage sheds,playhouses and similar uses,provided the floor area does not exceed 120 square feet(11.15m2). 2. Oil derricks. 3. Painting,papering,tiling,carpeting,cabinets counters tops,and similar finish work. 4. Temporary motion picture,television and theater stage sets and scenery. 5. Prefabricated swimming pools accessory to Group R-3 occupancy, as applicable in Section 101.2, which are less than 24 inches(610mm)deep,do not exceed 5,000 gallons(19,000 L)and are installed entirely above ground. 6. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems. 7. Swings and other playground equipment accessory to one-and two-family dwellings. 8. Windows awnings supported by an exterior wall of Group R-3, as applicable in Section 101.2,and Group U occupancies. 9. Movable cases counters and partitions not over 5 feet 9 inches(1,753)in height. Section 150.6 Suspension or Revocation. The director of code enforcementBuilding Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever this permit is issued in error or on a basis of incorrect,inaccurate or incomplete information,or in violation of the any ordinance or regulation or any of the provisions of this code or the permitee has not complied with the demolition work plan agreement. 106.1.1.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to the Fire Marshal's Office for review. Section 110.3 Certificate Issued is hereby amended to read as follows: Section 110.3 After the Director Building official or his designees inspect the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building inspections, the Director Building Official shall issue a certificate of occupancy that shall contain the following: 1. The buildings permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. The name of the building official. 6. The use and occupancy, in accordance with the provisions of Chapter 3. 7. The type of construction as defined in Chapter 6. 8. Any special stipulations and conditions of the building permit. Section 112 Board of Appeals is hereby amended to read as follows: Section 112.1 General The City's Construction Board of Adjustments and Appeals shall decide and hear all appeals of order made to the Director of Code Enforcement Building Official relevant to the application and interpretation of this code. The Board may adopt rules and procedures. Section 308.6 Institutional Group I-A, day care facilities. This group shall include buildings and structures occupied by more than five persons of any age who receive custodial care for fewer than 24 hours per day by persons other than parents or guardians,relatives by blood,marriage or adoption and in a place other than the home of the person cared for.This group shall include,but not limited to,the following: Adult day care Child care These facilities will be required to have a current license from the State of Texas to operate;they must also maintain a current Health Inspection from the City of Port Arthur's Health Department,have a Certificate of Occupancy from the City's Building Inspection Division and have a current Fire Inspection from the Fire Department.They must also have an annual inspection performed by the Health Department and the Fire Department in order to maintain their Certificate of Occupancy.Failure to meet the listed criteria will be cause for revocation of the Certificate of Occupancy.Failure to meet any of these requirements will result in the revocation of the City's Certificate of Occupancy. Section 3109 Swimming Pool Enclosures is hereby amended to read as follows: 3109.3 Public swimming pools. Public swimming pools shall be completely enclosed by a fence 6 feet in height or a screened enclosure.Openings in the fence shall not permit the passage of a 4-inch sphere.The fence or screened enclosure shall be equipped with self-closing and self-latching gates. Section 3202.3.1 Awnings, canopies, marquees and signs is hereby deleted. Section 420 Groups I-1, R-1,R-2,R-3 Section 420.4 Automatic Sprinklers Systems. Group R-3(One-and Two- Family dwellings)occupancies shall not be required to be equipped with an automatic sprinklers system as per SB 1410 of the Texas Legislature. Cross reference Chapter 38—Fire Prevention and Protection (Code 1961, §6-15;Ord.No.03-002,§2, 1-7-2003;Ord.No.03-025, §2,5-27-2003;Ord.No. 05-92,2, 12-20-2005;Ord.No.08-01,exh.A, 1-2-2008;Ord.No.09-64, §2,9-8-2009;Ord. No. 12-66,§2(exh.A), 10-2-2012) • Sec. 18-33.-Permit schedule. (a) Permit fees. The city adopts in this section the following Appendix B, Schedule of Fees: APPENDIX B SCHEDULE OF PERMIT FEES Section B101, Permit Fees: On all buildings, structures or alterations requiring a building permit,a fee for each building permit shall be paid as required at the time the permit is issued.In accordance with the following schedule: Total Valuation Fee $1,001.00 to $35.00 for the first$1,000.00 plus$6.25 each additional thousand or $50,000.00 fraction thereof,to and including$50,000.00 $50,001.00 to $293.00 for the first$50,000.00 plus$5.20 for each additional thousand $100,000.00 or fraction thereof,to and including$100,000.00 $100,001.00 to $500.00 for the first$100,000.00 plus$4.15 for each additional thousand $500,000.00 or fraction thereof,to and including$500,000.00 $500,001.00 and up $2,000.00 for the first$500,000.00 plus$3.10 for each additional thousand or fraction thereof Section B102,Moving Fee: For the moving of any building or structures,the fee shall be$100.00. For the moving of large industrial equipment,the fee shall be$200.00. Section B103, Demolition Fee: -. •- - . . ..' . -, •- -- I 1 1 . 1.11 .. Request shall be made within 90 days from completion of demolition or deposit is ffenr-efunflahle, For the demolition of any building or structure,the fee shall be$150.00 and is non refundable.Section Section B104, Penalties: Where work for which a permit is required by this code,is started or proceeded prior to obtaining such permit,the fees specified in this section shall be the permit fees as delineated in section B-101,plus an additional administrative charge of$100.00 wherein the value of the construction work is less than$1,000.00 and an additional administrative charge of$500.00 wherein the value of the construction work is$1,000.00 or greater.The payment of such additional administrative fees shall not relieve any persons from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed in this code. Section B105, Plan-Checking Fee: When the valuation of the proposed construction exceeds$1,000.00 and plans are required to be submitted per section B-104,2012 2015 International Building Code,a plan checking fee shall be paid prior to the issuance of a building permit when an application for a building permit is submitted. Such plan-checking fee shall be equal to(1)65%of the building permit fee.The plan checking shall be in addition to the building permit fee. Section B-105(a):Prior to the start of any new construction activity a Storm Water Permit shall be issued pursuant to V.T.C.A.,Water Code§26.040 and Section 402 of the Clean Water Act. Base fee for this permit is$45.00 per acreage. Section B-105(b):Revisions to commercial plans shall be accompanied by a$50.00 revision fee. Section B106, Exceptions to the Permit Fee: U.S.government; Federal agencies; State of Texas; Jefferson County; City of Port Arthur; PuI h City of Port Arthur and are not funded by federal funds; homes; to repair their property;the City of Port Arthur will waive all permit fees The Building Official may waive fees for other municipal or governmental proiects as deemed applicable on a case by case basis including but not limited to; (1) Community housing programs and subrecipients as it pertains to city housing programs; (2) Any nonprofit organization that will be assisting citizens who are unable to repair their property;the City of Port Arthur will waive all permit fees that are associated with the repair proiect. (3) Other Exemptions will be considered due to force maieure. (b) Reduction of permit fees. (1) Until September 5, 2018,there will be no building permit fees to be charged as it pertains to homes damaged by Hurricane Harvey. (2) costs incurred by the city. (3) If a nonprofit repairs single-family residences then building permit fees will not be charged. (Code 1961, §6-16;Ord.No.00-39, §2,7-11-2000;Ord.No.04-39,7-20-2004;Ord.No.05- 57, § 1, 8-30-2005;Ord.No.05-74, §2, 10-11-2005;Ord.No.05-89, §2, 12-6-2005;Ord.No. 06-82, §2, 10-10-2006;Ord.No.07-56, §2,8-14-2007;Ord.No.07-57,§2,8-14-2007; Ord. No.07-76, §2, 10-9-2007;Ord.No.08-101, §2,9-23-2008;Ord.No.09-48, §2(exh.A),6- 30-2009;Ord.No. 10-09, §2(exh.A),2-9-2010;Ord.No. 10-51, §2(exh.A), 10-5-2010;Ord. No. 11-28, §2(exh.A),6-14-2011; Ord.No. 12-66, §2(exh.A), 10-2-2012;Ord.No. 17-33, §2,9-12-2017) • Sec. 18-34.-Permit fees for multifamily housing projects. The city waives its building permit and utility tap fees for multifamily housing projects that are approved under the low income housing tax credit program,as administered by the state department of housing and community affairs and that provide affordable housing and housing for low and moderate income households with the City Managers approval.. (Code 1961;Ord.No.99-25, § 1(6.16.8),4-20-1999) --- Formatted:Indent:Left: -0.25" i • Sec. 18-35.- : .• . : • ..• . . ; . . . .. . • . - . t_--- Formatted:Indent:Left: -0.25",Line spacing: _modified At least 21 pt,Outline numbered+Level:1+ Numbering Style:Bullet+Aligned at: 0.25"+ (a) Tab after: 0.5"+Indent at: 0.5",Font Alignment:Center Refund of building permit fees. In order to provide incentives for the construction of new residential homes in the city, building permit fees will be refunded for new single family (1) The customer has completed four or more single family residential homes during the previous year within the city. (2) The customer requesting the refund must be the same person/contractor that has contracted with the City of Port Arthur. (3) The refund will be the actual cost of the permits for the structure or structures. (4) discretion of the city council. (b) Formatted:Font:Not Italic Waiver of building permit fees.,_ - • Sec. 18-35. —Application; information. • (a)Application by contractor.A registered contractor(or his duly authorized agent)shall make application for permits,for work on any type of structures inclusive of rental units, either in writing upon the forms provided by the building official for that purpose,or orally by telephone upon establishment of a suitable escrow account.An applicant must describe the character and kind of work to be done and furnish a detailed description of such work, including the following information: • (1)Name and address of contractor,firm or person desiring permit. • (2)Name of owner of premises where work is to be done. • (3)Street and number of such premises. • (4)Kind of building, • (5)A description of work. • (b)Application by homeowner.Application by a homeowner for permits on his homestead, exclusive of any rental units thereon,shall be made in writing upon the forms provided by the building official for that purpose.With such application,there shall be filed a diagram or plan showing clearly the character and kind of work to be done.The plan or diagram shall show the manner in which the work will be accomplished.Such application shall include the following information: • (1)Street and house number; • (2)Name of owner, • (3)Kind of building;and • (4)A description of the work.. • The diagram or plans and application shall be referred to the building official,who shall have the authority to issue or refuse to issue a permit.All work must be performed by the homeowner. --- Formatted:Indent:Left: -0.25",Space • Before: Auto,After: Auto,Line spacing: At least 21 pt,Outline numbered+Level:1+ Numbering Style:Bullet+Aligned at: 0.25"+ (1) Tab after: 0.5"+Indent at: 0.5",Font Pursuant to Ordinance No. 16-35,for the next three years,commencing on October 1,2016 Alignment:Center and extending until September 30,2019,the existing Section 4A(Type A Economic Development Corporation)sales and use tax within the City of Port Arthur shall be utilized for the cost of land,buildings,equipment,facilities,and improvements found by the City of Port Arthur Section 4A Economic Development Corporation Board of Directors to be required or suitable for the promotion of development and expansion of affordable housing,as described by 42 U.S.C. 12745,with a project area bounded by Atlanta Street on the west,8'h Street on the north,Nashville Street on the east and 5'"Street on the south within the city,which is a category of projects under V.T.C.A.,Local Government Code§505.153(Type B Economic Development Corporation),with the condition it will be limited to single family dwellings and the total annual spending by the City of Port Arthur Section 4A Economic Development Corporation will not exceed$300,000.00. Said period of time can be extended an additional three years by the city council by a two-thirds vote of the city council after reviewing public comment on the proposed cost and impact of the project. a. The contractor requesting the waiver of building permit fees must be the same person/contractor that has contracted with the City of Port Arthur Section 4A Economic Development Corporation for the project listed in subsection(1)above. b. Request must include legal descriptions of the lots to be developed. c. The contractor must enter into a contract with the City of Port Arthur Section 4A Economic Development Corporation,which must be approved by the city council. (Ord.No.02-51, § 1, 10-15-2002;Ord.No.02-59,§ 1, 11-12-2002;Ord.No.04-58, §2,9-14- 2004;Ord.No.05-89, §2, 12-6-2005;Ord.No. 16-64, §2(Exh.A), 10-18-2016) Editor's note—Ord.No.02-51, § 1,adopted Oct. 15,2002,repealed§ 18-35 and added new provisions to read as herein set out.Prior to amendment$ 18-35,pertained to building permit fees;temporary economic incentive program and derived from Code 1961, §6-5;and Ord.No. 00-21,adopted Apr.4,2000. State Law reference—Economic development programs,V.T.C.A.,Local Government Code § 380.001 et seq. • Sec. 18-36.-Permit required for abattoirs,slaughterhouses,tanneries,sewage plants and similar structures. (a) Any person desiring to erect,construct or maintain any abattoir,slaughterhouse,glue factory, tannery, sewage disposal plant,or any similar structure shall,prior to beginning the erection or construction of such structures, file with the city secretary a written request addressed to the city council,stating: (1) He or they desire to erect,establish and maintain an abattoir,slaughterhouse,glue factory, tannery,sewage disposal plant or a similar structure within the city; (2) The proposed location and probable cost; (3) Such applications shall be accompanied by complete plans and specifications showing in detail the proposed arrangement,material,equipment and operation of such building,stock pens, chutes,etc. (b) Such application,plans and specifications shall be thoroughly examined by the city council,or a committee appointed by the city council,and if the proposed structure and location is satisfactory to the city council,it shall instruct the mayor to issue a written permit for the erection,establishment and maintenance of such abattoir,slaughterhouse,tannery,glue factory,sewage disposal plant or similar structure,and the city secretary shall record the permit in full,in a book to be kept for that purpose. (c) If such application is,for any reason,refused by the city council,the mayor shall notify the applicant to that effect in writing.The action of the city council in approving or disapproving the application shall be final. (Code 1961, § 13-4) • Sec. 18-37.-Contractor liability insurance or bonds. It shall be the duty of every contractor or builder engaged in the business of erecting, construction,enlarging,repairing,moving,improving,converting or demolishing buildings and structures for which a permit is required,and every contractor or builder making such contracts and subletting such structures or any of their parts,to deposit with the city good and sufficient general liability insurance listing the City of Port Arthur as a certificate holder in the amount of a minimum of a$100,000.00 for large commercial projects approved by the director of community services/code enforcement director or his designee; conditioned that the person building code and other ordinances of the city in reference to construction,enlargement, repair, moving, improving, removing,conversion or demolition of buildings and structures. The city nature and description arising from accidents and damage of any character whatsoever caused by such person or agents or employees engages in such business,on account of failure to conform to the regulations of the city's building code and other ordinances of the city in reference to such permitted work. t --- Formatted:Left,Indent:First line: 0",Right: 0",Space Before: 2.4 pt,After: 12 pt Contractors who specialize in minor repair work such as roof work, foundation repair work t---- Formatted:Indent:First line: 0",Space will be required to provide a bond in the amount of$15,000.00 approved by the director or his Before: 2.4 pt,After: 12 pt designee conditioned that the person or persons performing the work comply with the regulations of the city's building codes and other ordinances. and a bond for$25,000 for projects within the City of Port Arthur approved by the Building official or his designee:conditioned that the person engaged in such business will faithfully observe and conform to the regulations of the city's building code and other ordinances of the city in reference to construction,enlargement, repair, moving, improving, removing,conversion or demolition of buildings and structures. The city shall be indemnified and held harmless from all claims,suits, actions and proceedings of every nature and description arising from accidents and damage of any character whatsoever caused by such person or agents or employees engages in such business,on account of failure to conform to the regulations of the city's building code and other ordinances of the city in reference to such permitted work. During construction,water lines, hydrants,and all-weather access drives shall be installed and usable for fire protection in such a manner that distances to buildings are not exceeded by more than 150 feet at any point when construction has progressed above foundation level. Cross reference Chapter 38—Fire Prevention and protection (4) Fequifementsi a l} e: Along the curbline or edge line of a fire access drive and/or public road a distance of not more than 350 feet(this will result in a normal spacing of fire hydrants of 700 feet or less,measured E Dead end drives. Dead end drives shall be permitted to serve as fire access drives only by the twee (e) 80,000 square feet or more,aro to be not less than eight inches in size and further,are to be (f3 shall be installed and usable for fire protection in such a manner that distances to buildings specified in subsections(c)('I)and(e)of this section are not exceeded by more than 50 percent at any point when construction has progressed above foundation level. After initial occupancy :- permitted, (g) Approval. The complete layout of fire hydrant,water line, and access drive system shall be (Code 1961, §6-16.2) • Sec. 18-39.-Requirements for the installation of burglar bars in dwellings. (a) Burglar bars,bars,grilles,grates or similar devices may be installed on an emergency escape or rescue window or door in sleeping rooms,provided that: (1) One rescue window in each room shall be equipped with a release mechanism which will be operable from the inside without the use of a key, special tool or special knowledge or effort. Rooms without a rescue window shall be required to have an exterior door with a release mechanism as required in this subsection. (2) Smoke detectors shall be installed so each sleeping room will be within ten feet of a smoke detector,or a smoke detector shall be installed inside the sleeping room.There shall be a minimum of two smoke detectors in every dwelling,at least one on each habitable story of the home.Locations shall be in accordance with manufacturer's recommendation for installation. Smoke detectors are to be Underwriters'Laboratories,Inc.(U.L.)approved. (b) Burglar bars,bars,grilles,grates or similar devices may be installed on an emergency escape or rescue window or door in a nonsleeping room of a dwelling,provided that they shall be equipped with a release mechanism as stated in subsection(a)of this section. Rooms without a rescue window shall be required to have a door with a release mechanism as stated in subsection(a)of this section. (Code 1961, §6-16.3) • Sec. 18-40. - Conflicting provisions. If there are any conflicts between city codes,the stricter provisions shall apply. (Code 1961,§6-16.4) • Sec. 18-41.-Construction board of adjustment and appeals. The construction board of adjustment and appeals shall be as provided in article VII,chapter 14 of this Code. (Code 1961, §6-16.5) Cross reference—Boards,authorities,commissions and committees,ch. 14. • Sec. 18-42.-Enforcement. The :• -- - . • - •-- Building Official shall enforce the building code as delineated in this article. (Code 1961,§6-16.6) • Sec. 18-43.-Penalty for violation of article. The penalty for a violation of this article shall not exceed$2,000.00 per day. (Code 1961, § 6-16.7) • Secs. 18-44-18-70.-Reserved. Secs. 18-1-18-30.-Reserved.