HomeMy WebLinkAboutPO 7192: REPEALING CHAPTER 18 ARTICLE II AND ADOPTING THE 2021 EDITION OF THE INTERNATIONAL BUILDING CODE City of
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DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF INSPECTIONS AND PERMITTING
INTEROFFICE MEMORANDUM
Date: October 27, 2023
To: The Honorable Mayor and City Council
Through: Ronald "Ron" Burton, City Manager
From: Pamela D. Langford, Director of Development Services
RE: P.O. NO. 7192 — An Ordinance Repealing Chapter 18 Article II and
Adopting the 2021 Edition of the International Building Code.
Introduction:
This agenda item intends to seek the City Council's approval of P.O. NO. 7192, an
Ordinance Repealing Chapter 18 Article II and Adopting the 2021 Edition of the
International Building Code.
Budget Impact:
None
Recommendation:
Staff recommends that the City Council adopt P. O. No. 7192, amending Chapter 18,
Article II — Building Code, of the Code of Ordinances thereby adopting the 2021
International Building Code (IBC); and providing for a penalty, for publication and for an
effective date. This will ensure safer construction standards for the City of Port Arthur.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.O.NO.7192
10/25/2023-PV
PAGE 1 OF 5
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 2021 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 City Council deems it in the best interest of the citizens of the City
of Port Arthur to adopt the International Building Code, 2021 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 2021 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.
P.O.NO.7192
10/25/2023-PV
PAGE 2 OF 5
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 2021 International
Building Code (IBC), as delineated in Exhibit A, and the red-lined version shows the
amendments in Exhibit B.
Section 3. THAT 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) 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 be spread upon the
Minutes of the City Council.
READ, ADOPTED AND APPROVED this day of November, A.D.2023, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote:
AYES:
MAYOR
COUNCILMEMBERS:
P.O. NO.7192
10/25/2023-PV
PAGE 3 OF 5
NOES:
Thurman Bill Bartle, Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
APPROVED AS TO FORM:
V C 0 b�
Valecia " al" Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ronald "Ron" Burton, City Manager
Pamela D. Langford, Assistant City Manager-Operations/
Director of Development Services
P.O. NO.7192
10/25/2023-PV
PAGE 4 OF 5
Exhibit "A"
ARTICLE II. - BUILDING CODE
• Sec. 18-31. - Adopted.
The International Building Code, 2021 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 2021 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)
Appendix "0" (Performance-Based Application)
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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 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 2021 International Energy Conservation Code and Chapter
11 of the 2021 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 2021 International Existing Building Code
shall apply to matters governing the repair, alteration, change of occupancy, addition to and
relocation of existing buildings.
101.4.8 Swimming pools. The provisions of the 2021 International Pool and Spa Code shall
apply to matters governing the repair, alteration, and construction of swimming pools.
101.4.9 Private sewage disposal. The provisions of the 2021 International Private sewage
disposal Code shall apply to matters governing the Installation, repair, or alteration, private sewer
systems.
101.4.10 Green Construction. The provisions of the 2021 International Green Construction
Code shall apply to matters governing methods of ecologically friendly construction.
101.4.11 Wildland-Urban Interface. The provisions of the 2021 International Green
Construction Code shall apply to matters governing methods of construction where Urban and
Wildland areas intersect.
101.4.12 Performance. The provisions of the 2021 International Performance code for
Buildings and facilities shall apply to matters governing performance contracting and construction.
Section 103—Department of Building Safety is hereby amended to read as follows:
103.1— Creation of enforcement agency. The Permits and Inspections division 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 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 1-1, 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 B101, 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 8102, Moving Fee:
For the moving of any building or structures or the moving of large industrial equipment, the fee
shall be $200.00.
Section 8103, Demolition Fee:
For the demolition of any building or structure, the fee shall be $200.00 of which $150.00 is
refundable when the jobsite is clean
Section 8104, 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 8105, 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, 2021 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 8-105(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 8-105(b): Revisions to commercial plans shall be accompanied by a $50.00 revision
fee. Section 8106, 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
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.
(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.
P.O.NO.7192
10/25/2023-PV
PAGE 5 OF 5
Exhibit "B"
ARTICLE II. - BUILDING CODE
• Sec. 18-31. - Adopted.
The International Building Code, 2015 2021 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 2021 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)
IAppendix "I" (Patio Covers)
Appendix "K" (Administrative Provisions)
Appendix "0" (Performance-Based Application)
Section 101.4 Referenced Adopted codes. The other codes listed in Sections 101.4.1 through
101.4.7 and referenced elsewhere in this code as Article II through Article XVIII 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 20152021 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 2021 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 2021 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 2021 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 2021 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 2021 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 20152021 International Energy Conservation
Code and Chapter 11 of the 2015 2021 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 2021 International Existing Building
Code shall apply to matters governing the repair, alteration, change of occupancy, addition to and
relocation of existing buildings.
101.4.8 Swimming pools. The provisions of the 2021 International Pool and Spa Code shall
apply to matters governing the repair, alteration, and construction of swimming pools.
101.4.9 Private sewage disposal. The provisions of the 2021 International Private sewage
disposal Code shall apply to matters governing the Installation, repair, or alteration, private sewer
systems.
101.4.10 Green Construction. The provisions of the 2021 International Green Construction
Code shall apply to matters governing methods of ecologically friendly construction.
101.4.11 Wildland-Urban Interface. The provisions of the 2021 International Green
Construction Code shall apply to matters governing methods of construction where Urban and
Wildland areas intersect.
101.4.12 Performance. The provisions of the 2021 International Performance code for
Buildings and facilities shall apply to matters governing performance contracting and construction.
Section 103—Department of Building Safety is hereby amended to read as follows:
103.1— Creation of enforcement agency. The Permits and Inspection;Inspections and Permitting
division 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 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 1-1, 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 B101, 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 8102, Moving Fee:
For the moving of any building or structures or the moving of large industrial equipment, the fee
shall be $200.00.
Section 8103, Demolition Fee:
For the demolition of any building or structure, the fee shall be $200.00$200 of which $150.00 and
is refundable when the jobsite is clean.-
Section 8104, 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 8105, 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 2021 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 8-105(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 8-105(b): Revisions to commercial plans shall be accompanied by a $50.00 revision
fee. Section 8106, 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
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.
(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.