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Home My WebLink AboutPO 6782: ADOPTING THE STATE MANDATED REQUIREMENTS OF HB-852 City of ort rtIste Texas INTEROFFICE MEMORANDUM Department of Development Services Department of Inspections & Code Compliance Building Inspections Division Date: May 29`h, 2019 To: Rebecca Underhill, Interim City Manager Mayor and City Council From: Phillip Vilardi, Building Official Re: P. O. NO. 6782 — AN ORDINANCE REPEALING AND REPLACING CHAPTER 18, ARTICLE II SECTION 18-33 PERMIT SCHEDULE OF THE BUILDING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR, THEREBY ADOPTING THE STATE MANDATED REQUIREMENTS OF HB-852; 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. 6782, repealing and replacing Chapter 18, Article II Section 18-33 Permit Schedule of the Building Code, of the Code of Ordinances, thereby adopting revisions to section 18-33 mandated by HB-852 and signed into law by Governor Abbott; and providing for a penalty, for publication and an effective date. This will achieve compliance with the State of Texas' law for calculating residential permit fees. Staff Analvsis/Considerations: The City of Port Arthur is currently using a value based system for computing residential permit fees which is no longer legal under HB-852. The new system is based on square footage in compliance with HB-852. Recommendation: Staff recommends that the City Council adopt P. O. No. 6782, thereby updating the Building Code. Budget Consideration: Not Applicable. PAV 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. 6782 06/10/19 PAV NO. AN ORDINANCE REPEALING AND REPLACING CHAPTER 18,ARTICLE II SECTION 18-33 PERMIT SCHEDULE OF THE BUILDING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR, THEREBY ADOPTING THE STATE MANDATED REQUIREMENTS OF HB-852;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 Section 18-33 Permit Schedule of the Building Code,of the City of Port Arthur's Code of Ordinances sets forth requirements for residential permit fees; and WHEREAS,the State of Texas has passed HB-852; and WHEREAS,the City Council deems it in the best interest of the citizens of the City of Port Arthur to comply with the mandate in HB-852 concerning calculating fees for residential building permits; and WHEREAS,the City Council of Port Arthur deems it in the best interest of the citizens of the city to adopt the changes to Article II section 18-33 Permit Schedule 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 section 18-33 of Article II Building Code of Chapter 18—Buildings, thereby adopting Exhibit A. Section 3. THAT all ordinances or parts of ordinances in conflict herewith are herein repealed,but only to the extent of said conflict. 1 P. O. NO. 6782 06/10/19 PAV 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)Dollars 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 he spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED this the 17th day of June, A.D., 2019, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: NOES: DERRICK FORD FREEMAN, MAYOR ATTEST: APPROVED AS TO FORM: SHERRI BELLARD VAL TIZ NO CITY SECRETARY CITY ATTORNEY 2 P. O. NO. 6782 06/10/19 PANT APPROVED FOR ADMINISTRATION: REBECCA UNDERHILL RON BURTON INTERIM CITY MANAGER DIRECTOR OF DEVELOPMENT SERVICES 3 EXHIBIT A (WITH REDLINES) • Sec. 18-33. - Permit fee schedule. (a)Pormit fees. The city adopts in this section the following Appendix B, Schedule of Fees: APPENDIX B SCHEDULE OF PERMIT FEES On all buildings, structures or alterations, Commercial or Residential, requiring a building Total Valuation Fee $1,001.00 to $35.00 for the first $1,000.00 plus $6.25 each additional thousand or ',et e.e $50,001.00 to $293.00 for the first $50,000.00 plus $5.20 for each additional thousand $100,000.00 - - - , . . - . . , ••,••• et $4-003-00-14404e e , !! !! -- 1,!!I !! .'. . - . . . . . or fraction thereof, to and including$500,000.00 £55 .. .. .. I S a a s . . $500,001.00 and up 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 AddressAddrec. Cha....es. 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 Drvrr.c=:.'a'j=s Residential $35.00 Commercial $75.00 Section B102, Moving Fee: For the moving of any building or structures or the moving of large industrial equipment, the fee shall be $200.00. Section B103, Demolition Fee: For the demolition of any building or structure, the fee shall be $150.00 and is non refundable. •• •- - 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 - - e _ .. • .. . . Section B105, Plan Checking Fee: _ _ _ ___ e -e nstruction 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 BUILDING PERMIT FEE SCHEDULE -APPENDIX B Commercial fee Table Total Valuation Fee $1,000 to $50,000 $35.00 for the first$1,000.00 plus$6.25 for each additional thousand or fraction thereof, up to and including$50,000.00. $50,001 to $100,000 $293.00 for the first$50,000.00 plus$5.20 for each additional thousand or fraction thereof, up to and including $100,000.00 $100,001 to$500,000 $500.00 for the first$100,000.00 plus$4.15 for each additional thousand or fraction thereof, up 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. MOVING FEE For the moving of any building or structure,the fee shall be $200.00 DEMOLITION FEE For the demolition of any building or structures,the fee shall be RESIDENTIAL$75.00 COMMERCIAL$200.00-$150.00 will be refunded upon completion 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. PLAN CHECKING FEES(Commercial construction) When plans are required to be submitted, a plan-checking fee shall be paid to the building official at the time plans and specifications are submitted for plan review.Said plan-checking fee shall be 65%of the building permit. Plan check fees are in addition to the building permit fee. Plan Review Fee—residential Residential plan check fees are part of the per square foot price.Those fees are collected when the Permit is approved and ready for pick up. Revision Fee-Commercial Plans$50.00 FEE SCHEDULE Fee Description Fee Minimum Permit Fee $35.00 Certificate of Occupancy $75.00 Temporary Certificate of Occupancy $45.00 Re-inspection Fee $35.00 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) Building Permit Fee Residential -$35.00 plus fees as listed below New Construction $0.70 per square Foot Major Remodels and additions $0.70 per square foot Minor remodels(interior only) $0.50 per square foot Roofing $0.20 per square foot Fences (Standard lot= 5000sf) $0.15 per linear foot Accessory buildings $0.40 per square foot Doors $2.00 per door Windows $2.00 per window Siding $0.50 per linear foot (Costs includes the plan check fee) Parking Lots/Paving First 1,000 sq.ft. $40.00 Each additional 1000sq.ft. $2.00 Driveways Residential $35.00 Commercial $75.00 Grading (storm water plan) $45.00 per Acre 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. Clean Copy BUILDING PERMIT FEE SCHEDULE-APPENDIX B Commercial fee Table Total Valuation Fee $1,000 to$50,000 $35.00 for the first$1,000.00 plus$6.25 for each additional thousand or fraction thereof, up to and including$50,000.00. $50,001 to $100,000 $293.00 for the first $50,000.00 plus$5.20 for each additional thousand or fraction thereof, up to and including$100,000.00 $100,001 to$500,000 $500.00 for the first$100,000.00 plus$4.15 for each additional thousand or fraction thereof, up 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. MOVING FEE For the moving of any building or structure,the fee shall be $200.00 DEMOLITION FEE For the demolition of any building or structures, the fee shall be RESIDENTIAL$75.00 COMMERCIAL$200.00 -$150.00 will be refunded upon completion. 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. PLAN CHECKING FEES (Commercial construction) When plans are required to be submitted, a plan-checking fee shall be paid to the building official at the time plans and specifications are submitted for plan review. Said plan-checking fee shall be 65%of the building permit. Plan check fees are in addition to the building permit fee. Plan Review Fee—residential Residential plan check fees are part of the per square foot price.Those fees are collected when the Permit is approved and ready for pick up. Revision Fee -Commercial Plans$50.00 FEE SCHEDULE Fee Description Fee Minimum Permit Fee $35.00 Certificate of Occupancy $75.00 Temporary Certificate of Occupancy $45.00 Re-inspection Fee $35.00 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) Building Permit Fee Residential -$35.00 plus fees as listed below New Construction $0.70 per square Foot Major Remodels and additions $0.70 per square foot Minor remodels (interior only) $0.50 per square foot Roofing $0.20 per square foot Fences (Standard lot= 5000sf) $0.15 per linear foot Accessory buildings $0.40 per square foot Doors $2.00 per door Windows $2.00 per window Siding $0.50 per linear foot (Costs includes the plan check fee) Parking Lots/Paving First 1,000 sq.ft. $40.00 Each additional 1000sq.ft. $2.00 Driveways Residential $35.00 Commercial $75.00 Grading (storm water plan) $45.00 per Acre