CHAPTER 30 BUILDING INSPECTION

Transcription

1 CHAPTER 30 BUILDING INSPECTION ARTICLE I. BUILDING CODE i * Sec Adopted The International Building Code, 2003 edition, is hereby adopted by reference. One copy shall be kept on file in the office of the City Secretary. Unless deleted, amended, expanded or otherwise changed in this Code, all provisions of the International Building Code shall be fully applicable, binding, of full force and effect within the City. (Ordinance 4306, sec. 1, adopted 2/21/89; Ordinance 4558, sec. 1, adopted 2/4/92; Ordinance 4847, sec. 1, adopted 3/7/95; Ordinance 5371, sec. 1, adopted 6/1/99; Ordinance 5628, sec. 1, adopted 2/19/02; Ordinance 5977, sec. 1, adopted 3/7/06) Sec Amendments, modifications and deletions The following sections of the International Building Code, as adopted in section above, are amended as described below: Section is amended to read as follows: Title. These regulations shall be known as the Building Code of the City, hereinafter referred to as this Code. Section 101.2, exception No. 2 is amended to read as follows: 2. Existing buildings undergoing repair, alterations or additions, and change of occupancy shall be permitted to comply with the International Existing Building Code with prior approval of the Building Official. Otherwise, chapter 34 shall apply. Section is amended to read as follows: Referenced codes. The other codes listed in sections through and referenced elsewhere in this Code, when specifically adopted, shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to the code and standard shall be considered to reference the amendments as well. Any reference to the International Electrical Code shall mean the Electrical Code as adopted in article III, chapter 30 of the Code of Ordinances. Section is amended to read as follows: Property maintenance. The provisions of the International Building Code and Ordinance 4449 (Maintenance of Commercial Properties) shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and

2 fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. Section is amended to read as follows: Enforcement agency. The Building Inspection Department shall enforce the provisions of this Code. The official in charge shall be the Building Official. Section is amended by amending building to read as follows: Building 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 20 square feet. 2. Oil derricks. 3. Retaining walls which are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or III-A liquids. 4. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 6. Temporary motion picture, television and theater stage sets and scenery. 7. Prefabricated swimming pools accessory to Group R-3 occupancy, as applicable in section 101.2, which are less than 24 inches deep, do not exceed 5,000 gallons and are installed entirely above ground. 8. Swings and other playground equipment accessory to detached one- and two-family dwellings. 9. Movable cases, counters and partitions not over 5 feet 9 inches in height. 10. Un-covered decks not over 30 inches in height abovegrade. 11. Minor foundation repair of less than $2, and minor roof repair that does not involve removal of decking material or framing members. Section is amended to read as follows: Expiration. An individual permit issued by the Building Official shall expire by limitation and become null and void on the expiration of two (2) years after its issuance if no progress has been made toward the completion of the project, or upon expiration of the project. (A project shall expire immediately after the fifth anniversary of the date the first permit application was filed for the project if no progress had been made towards completion

3 of the project.) Once a permit for particular work has expired, a new permit must be applied for and obtained before the work can be commenced. The permit fee shall be the full amount required for a new permit for such work. The Building Official or his designee shall determine the extent to which the work must comply with any new regulations that were not in effect at the time the original permit was issued. Section is amended by adding sections and to read as follows: Asbestos survey. An applicant for all public or commercial building renovation or demolition permits must provide evidence of an asbestos survey prior to the issuance of the permit TDLR-AB review. Plans and specifications shall be submitted to the state department of licensing and regulation for review prior to submittal for review or permitting. Verification of project registration with TDLR shall be required prior to permit approval. Section is amended by adding a paragraph to the end of that section to read as follows: A state-licensed architect shall prepare documents on all Group E division 3, daycare facilities over 5,000 square feet. Section 107 is deleted in its entirety. Section is deleted in its entirety. Section is amended by adding a sentence to the end of that section to read as follows: A stormwater pollution prevention plan (SWPPP) and inspection may be required. Section 110 is amended to read as follows: SECTION 110 CERTIFICATE OF OCCUPANCY Use or occupancy. No building, structure or land may be occupied or used until a certificate of occupancy has been issued by the Building Inspection Department as provided herein. Dwellings are exempted from the foregoing requirements. The Building Inspection Department may issue a single certificate of occupancy for multitenants in one lease space or building when the occupants share common areas or staff and related activities which are under the control of a single person or business Change in use. A certificate of occupancy shall be obtained for a building, structure or land when there is a change in classification of use as provided by the comprehensive zoning ordinance, Ordinance 4647, when there is a change as provided by the International Building Code, or when there is a change in tenants of the building, structure or land Certificate issued. Subject to the provisions of section below, after all necessary inspections have been conducted by the Building Inspection Department and Health Department and when it is determined that there is no probable cause to believe that the

4 buildings, structures or land do not comply with an applicable provision of the Code of Ordinances, the Building Official shall issue a certificate of occupancy containing the following: (1) The address of the location of the building, structure or land. (2) The name of the tenant occupying or using the building, structure or land. (3) A statement as to the approved use of the building, structure or land. (4) The allowable occupant load for assembly uses. (5) Any other information deemed necessary by the Building Inspection Department Posting. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official Revocation. The Building Official may suspend or revoke a certificate of occupancy when it is determined it was issued in error or on the basis of incorrect information; in the event of an unapproved addition or change in use or occupancy of the building, structure, land or any part thereof; or when it is determined that the building, structure, land or any portion thereof is in violation of any ordinance or regulation, or any provision of the zoning, building or fire codes Fee. At the time that an application is made for a certificate of occupancy, a fee in the amount prescribed in the fee schedule (article XV of chapter 30 of the Code of Ordinances) shall be paid. Section 112 is amended to read as follows: SECTION 112 BUILDING AND FIRE CODES BOARD Appeals. Any person aggrieved by any decision or ruling made by the Building Official or the Fire Marshal under the provisions of this Code may appeal to the Building and Fire Codes Board (the board ) Time for filing appeal/grounds. The appeal must be in writing and received in the office of the Building Official within thirty (30) days of the decision or ruling to be appealed, and must set forth the specific grounds for the appeal. The Building Official shall forward the appeal to the board, along with all information constituting the record upon which the decision was made Notice of hearing. The board shall meet upon notice from the chairman and within thirty (30) days of the date the appeal was filed Decision of board. The board shall render a written decision reversing, affirming or modifying the decision, in whole or in part, within thirty (30) days of the hearing, and may issue appropriate orders consistent with its decision. All decisions of the board shall be by a majority vote, and reflect how each of the board members participating in the decision voted.

5 The decision of the board shall be filed promptly in the office of the Building Official and the City Secretary s office. The Building Official shall be responsible for the enforcement of the board s decisions Board composition/powers and duties Composition. The Building and Fire Codes Board (the board ) shall consist of nine (9) voting members who shall be appointed by the City Council. The term of office for members of the board shall be two (2) years. The Building Official or his designee shall be an ex officio member of the board, without voting privileges Compensation. The appointive members of the board shall serve without compensation Secretary. The Building Official or his designee shall act as secretary to the board, and shall be responsible for keeping written minutes of the meeting Election of officers. An annual election of the chairman and vice chairman of the board shall be held during the first meeting after September 1 of each year Powers and duties Generally. The board shall meet upon call of the chairman to consider proposed revisions to this Code, as needed for the consideration of appeals of decisions of the Building Official, to consider the time period of suspension of a person s ability to secure permits, or to perform other duties assigned to the board by the Code of Ordinances Amendments. The board shall recommend to the City Council amendments to this Code, as well as to the Fire Code, the Energy Conservation Code and chapters 1 11 of the Residential Code, when such amendments are deemed appropriate or desirable for the protection of the public health, safety and welfare. Any interested person may submit proposed amendments to the board. The board shall consider the recommendation of the Building Official concerning any proposed amendment. In order for the board to recommend an amendment to the City Council, a concurring vote of two-thirds (2/3) of the members of the board present at the meeting is required Appeals. The board shall have the authority to hear appeals of decisions or rulings of the Building Official made under the provisions of the Building Code, Energy Conservation Code and chapters 1 11 of the Residential Code. The board shall have the authority to hear appeals of decisions or rulings of the Fire Marshal made under the provisions of the Fire Code. In that connection, the board shall have the limited power to determine whether the true intent of these codes and the rules adopted thereunder have been correctly interpreted, whether the provisions of these codes apply fully, or whether an equally good or better form or construction or material was proposed and may be used. The board shall have no power to limit, modify, change or waive any requirement of these codes Suspension of permit privileges. A person s ability to secure permits may be suspended by the Building Official for a period specified by the Building and Fire

6 Codes Board, for any of the following causes: (a) (b) (c) (d) The person fails to finalize permits by obtaining the required approved inspections. The person allows use or occupancy of the structure or facility without first obtaining the required authorization. The person has been found by the board to have been grossly negligent in the performance of the work. Expiration, suspension or revocation of required license, bond or insurance. A new section 116 is created to read as follows: SECTION 116 WORKING HOURS Hours established. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use, including multifamily uses, shall be allowed only between 7:00 a.m. and 8:00 p.m. each day of the week. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use, including multifamily uses, shall be prohibited between 8:00 p.m. and 7:00 a.m. each day of the week Other regulations unaffected. This section does not authorize violation of any other legally establish regulation, either public or private, regulating noise nuisance to residents Exceptions. These regulations do not affect emergency work being done to secure a structure or to reestablish utility service to a structure Variance. The Director of Health, in accordance with section of this Code, may issue a permit of variance to these regulations. Section 202 is amended by adding a new definition to read as follows: HIGH-RISE BUILDING. A building having floors used for human occupancy located more than 55 feet above the lowest level of Fire Department vehicle access. Section is amended by adding the following to the list of occupancies: Fire stations Police stations with detention facilities for 5 or less Section is amended to read as follows: Applicability. The provisions of this section shall apply to buildings having any occupied floors located more than 55 feet above the lowest level of Fire Department vehicle access.

7 Section is amended by deletion of exception 2 in its entirety. Section is amended by adding a new item 4 to read as follows: 4. A separation is not required between a Group R-2 and U carport provided that the carport is entirely open on all sides and that the distance between the two is at least 10 feet. Section is amended by adding a second paragraph at the end of the section to read as follows: This occupancy shall include garages involved in the servicing of motor vehicles such as oil and lubricant changes, inspections, windshield repair or replacement, shock absorbers, minor part replacement, and other such nonmajor repair. When the garage is only involved in such minor repair, it need not comply with section Section is amended to read as follows: Premises identification. Approved numbers or addresses shall be provided for new buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Letters or numbers shall be a minimum 4 inches in height and a minimum stroke 0.5 inch. The numbers shall be of a contrasting color to the background itself. Section is amended by adding a sentence to the end of the section to read as follows: In order to be considered as accessible, if not in direct contact with a street or fire lane, a minimum 10-foot wide pathway from the street or approved fire lane must be provided. (See International Fire Code section for hose lay measurement pathway requirements.) Section is amended by adding an exception to read as follows: Exception: Open metal carport structures may be constructed within zero (0) feet of the property line without fire-resistive or opening protection when the location of the carport is allowed or approved as required by applicable City ordinances. Section is amended by adding a new item 6 to read as follows: 6. Unless waived by the Building Official, a one (1) hour tenant separation wall is required between tenants in all occupancies. Protection of openings may be waived if the building has classified as nonseparated uses in accordance with section Section is amended by adding a sentence to the end of the definition of [F] stand-pipe, types of, manual dry to read as follows: The system must be supervised as specified in section Section is amended by adding section to read as follows:

8 Residential systems. Unless specifically allowed by this Code or the International Fire Code, residential sprinkler systems installed in accordance with NFPA 13D or NFPA 13 R shall not be recognized for the purpose of exceptions or reduction (commonly referred to as trade-offs ) permitted by other provisions of this Code. In addition, residential sprinkler systems installed in accordance with NFPA 13R must include attic sprinkler protection to be recognized for the purposes of such trade-offs permitted by other provisions of this Code. Section is amended by adding sections , , , and to read as follows: High-piled combustible storage. For any building with a clear height exceeding 12 feet, see chapter 23 of the Fire Code to determine if those provisions apply Spray booths and rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system Buildings over 5,000 square feet. Regardless of any other provision of this Code, an automatic sprinkler system shall be installed throughout all buildings with over 5,000 square feet of floor area. For the purpose of this provision, fire walls and fire barriers shall not define separate buildings or fire areas in new construction. Additions on all occupancies except H and I may comply with section Exceptions: 1. Open parking garages in compliance with section of the International Building Code. 2. Type A Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities. Exception: One-story self-service storage facilities that have no interior corridors, with a onehour fire barrier separation wall installed between every storage compartment. Section is amended to read as follows: Exempt locations. When approved by the Fire Marshal, automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with section that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire resistance-rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard.

9 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the Fire Marshal. 3. Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire resistance rating of not less than 2 hours. Section is amended by adding a sentence to the end of the paragraph to read as follows: However, for the purposes of exceptions or reductions permitted by other provisions of this Code, see section Section is amended by adding a second paragraph to the end of the section to read as follows: Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 10-psi safety factor. Section is amended to read as follows: FDC. The location of the Fire Department hose connection shall be approved by the Fire Department and all new and existing Fire Department connections shall be marked on the vertical piping with red reflective paint or tape and on the pavement with blue reflective markers. Section is amended by adding a second paragraph after exceptions to read as follows: Sprinkler and standpipe system water flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe system, except for Fire Department hose connection valves, shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Section is amended by adding a sentence to the end of the section to read as follows: Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm. Section is amended by deleting exceptions 1 and 2 in their entirety. Section is amended by adding a second paragraph after exceptions to read as follows: Sprinkler and standpipe system water flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems, except for Fire Department hose connection valves, shall be electrically supervised to initiate a supervisory signal at the central station upon tampering. Section is amended by adding a new section , to read as follows:

10 Design standards. All new or replacement alarm systems serving 50 or more alarm actuating devices shall be addressable fire detection systems. Alarm systems serving more than 75 smoke detectors or more than 200 total alarm activating devices shall be analog intelligent addressable fire detection systems. Exception: Existing systems need not comply unless the total building or remodel or expansion initiated after the effective date of this Code, as adopted, exceeds 30% of the building. The introductory paragraph of section is amended to read as follows: Group E. A manual and automatic fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E occupancies. Unless separated by a minimum of 100' open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems. Section is amended by adding a new 1.1 to exception 1 to read as follows: 1.1. Residential in-home day-care operations with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2-1/2 or less years of age, see section ) Section is amended to read as follows: Emergency voice/alarm communication system. The operation of any automatic fire detector, sprinkler water flow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions giving approved information and directions on a general or selective basis to the following terminal areas on a minimum of the alarming floor above, and the floor below in accordance with the building s fire safety and evacuation plans required by section 404 of the Fire Code. 1. Elevator lobbies. 2. Corridors. 3. Rooms and tenant spaces exceeding 1,000 square feet (93 m 2 ) in area. 4. Dwelling units or sleeping units in Group R-2 occupancies. 5. Sleeping units in Group R-1 occupancies. 6. Areas of refuge as defined in section Section is amended by adding a second sentence to the end of the section to read as follows:

11 Manual alarm actuating devices shall be an approved double-action type. Section is amended by adding a new section to read as follows: Installation. All fire alarm systems shall be installed in such a manner that the failure of any single alarm-actuating or alarm-indicating device will not interfere with the normal operation of any other such devices. All fire alarm systems shall be Class A wired with a minimum of six feet separation between supply and return loops. IDC- Class A style - D - SLC Class A style 6 - notification Class B style Y. Section is amended to read as follows: High-rise buildings. In buildings that have any floor located more than 55 feet above the lowest level of Fire Department vehicle access, a separate zone by floor shall be provided for all of the following types of alarm-initiating devices where provided: 1. Smoke detectors. 2. Sprinkler water flow devices. 3. Manual fire alarm boxes. 4. Other approved types of automatic fire detection devices or suppression systems. Section is amended by adding a new item 7 to read as follows: 7. If a full building smoke detection system is not provided, approved smoke detectors shall be provided on both the access and egress sides of doors and in a location approved by the Fire Marshal. Actuation of a smoke detector shall automatically unlock the door. Section is amended by adding a fifth exception to read as follows: 5. Corridor walls and ceilings need not be fire-resistive construction within a single-tenant space in other than A, E or H occupancies when the tenant space is equipped with an automatic smoke detector system installed within the corridor in accordance with its listing. The actuation of any detector shall activate alarms audible in all areas served by the corridor. The smoke detection system shall be connected to the building s fire alarm system where such a system is provided. Section is amended to read as follows: Smokeproof enclosures. In buildings required to comply with section 403 or 405, each of the exits of a building that serves stories where any floor surface is located more than 55 feet above the lowest level of Fire Department vehicle access or more than 30 feet below the level of exit discharge serving such floor levels shall be a smokeproof enclosure or pressurized stairway in accordance with section Such enclosure shall comply with and

12 Section is amended to read as follows: Vapor retarder. In all framed walls, floors and roofs/ceilings comprising elements of the building thermal envelope, a vapor retarder, when installed, shall be installed in a manner so as to not trap moisture. Vapor retarders shall be tested in accordance with ASTME 96. Table is amended by replacing footnotes b and c with the following: b. All individual replacement shingles or shakes shall comply with the rating required by this table. c. Nonclassified roof coverings shall be permitted on buildings of U occupancies having not more than 120 square feet of projected roof area. When exceeding 120 square feet of projected roof area, buildings of U occupancies may use nonrated, noncombustible roof coverings. Section is deleted in its entirety. Section 1612 is deleted in its entirety. Section is amended by adding a new section and to read as follows: Foundation repairs. All foundation repairs that exceed $2, shall be designed and monitored by an engineer licensed in the state Foundations over 1,000 square feet. All commercial slab foundations of an area of 1,000 square feet or more shall be designed by an engineer licensed in the state. Section is amended by adding the following sentences to the end of the section to read as follows: The requirements for protection of adjacent property and the depth to which the protection is required shall be defined by prevailing law. Lateral support of adjoining property is of a civil nature between adjoining property owners. Section is amended to read as follows: Site grading. Grading and drainage shall conform with chapter 31, section of the Code of Ordinances. Section is amended by adding a new section to read as follows: Application to engineered design. When accepted by the Building Official, any portion of this section is permitted to apply to buildings that are otherwise outside the limitations of this section provided that: 1. The resulting design will comply with the requirements specified in chapter 16; 2. The load limitations of various elements of this section are not exceeded; and

13 3. The portions of this section which will apply are identified by an engineer in the construction documents. Section is amended to read as follows: Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as follows: 1. Assembly occupancies: At least one drinking fountain shall be provided at each floor level in an approved location. Exception: A drinking fountain need not be provided in a drinking or dining establishment. 2. Groups A, B, F, H, I, M and S occupancies: Buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in section Group E occupancies: Shall be provided with fixtures as shown in table Group R occupancies: Shall be provided with fixtures as shown in table It is recommended, but not required, that the minimum number of fixtures provided also comply with the number shown in table Types of occupancies not shown in table shall be considered individually by the Building Official. The number of occupants shall be determined by this Code. Occupancy classification shall be determined in accordance with chapter 3. Section 3106 is deleted in its entirety. Section 3107 is deleted in its entirety. Section is amended to read as follows: Protection of adjoining property. The requirements for protection of adjacent property and the depth to which the protection is required shall be defined by prevailing law. Lateral support of adjoining property is of a civil nature between adjoining property owners. Section is amended by amending the first sentence of the section to read as follows: Structures existing prior to the adoption date of this edition of the Building Code, in which there is work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of this section or the provisions of sections 3403 through (Ordinance 4306, sec. 1, adopted 2/21/89; Ordinance 4558, sec. 1, adopted 2/4/92; Ordinance 4619, sec. 11, adopted 8/25/92; Ordinance 4847, sec. 1, adopted 3/7/95; Ordinance 4883, sec. 1, adopted 7/11/95; Ordinance 5010, sec. 4, adopted 9/17/96; Ordinance 5209, sec. 6, adopted 9/15/98; Ordinance 5371, sec. 1, adopted 6/1/99; Ordinance 5422, sec. 1, adopted 11/16/99; Ordinance 5576, sec. 1, adopted 7/3/01; Ordinance 5595, sec. 2, adopted 9/4/01; Ordinance 5628, sec. 3, adopted 2/19/02; Ordinance 5700, sec. 1,

14 adopted 1/21/03; Ordinance 5725, sec. 1, adopted 4/15/03; Ordinance 5730, sec. 1, adopted 5/6/03; Ordinance 5977, sec. 3, adopted 3/7/06) Sec Temporary buildings and activities Temporary buildings may be used under the following conditions: (1) Plans for the permanent structure must have been submitted to the Building Official for approval and the building permit must be issued within sixty (60) days from the date that the temporary building is permitted. (2) The Building Official may approve temporary buildings for time periods of one year or less, and a three-month extension may be approved if need is demonstrated. Any further extensions must be approved by the Building and Fire Codes Board. (3) An applicant for a temporary building permit and the property owner shall submit in writing a statement that he will remove the temporary building at the end of the permit period or sooner if so ordered by the Building Official. The Building Official may cancel the temporary building permit and cause the temporary building to be removed: (a) (b) (c) For violations of any City ordinance or code; If work does not start within thirty (30) days of issuance of the building permit (simple lot grading does not constitute work); or If work ceases for thirty (30) consecutive days. (4) The temporary building must be of the type of construction that is allowed for a permanent building at that location. (5) Classroom buildings may be used temporarily for a period not to exceed two (2) years by any public, private or parochial school. (Ordinance 4306, sec. 1, adopted 2/21/89; Ordinance 4558, sec. 1, adopted 2/4/92; Ordinance 4883, sec. 1, adopted 7/11/95) Sec Structures in easements Removal of structures such as fences, uncovered decks not over 30 inches in height abovegrade, and landscape features in common maintenance or access easements shall be a civil matter between the property owners. (Ordinance 4847, sec. 1, adopted 3/7/95) Sec Exterior materials (A) Unpainted materials such as wood, tin, plain concrete block or similar materials shall not be used as exterior wall or roof covering on residential or commercial buildings. (B) Galvanized or corrugated metal shall not be allowed for any residential or commercial building for wall or roofing materials. This does not include agricultural uses in the proper zone.

15 (C) Canvas, plastic, vinyl, screening and similar materials shall not be used for exterior materials on residential or commercial buildings except for awnings, greenhouses, tents, vehicle display areas, and similar permitted temporary uses. This does not include siding materials allowed elsewhere in this Code. (Ordinance 4847, sec. 1, adopted 3/7/95; Ordinance 5371, sec. 1, adopted 6/1/99) Sec Preconstructed buildings and structures Portable structures, prefabricated buildings, and similar buildings, structures, and containers shall not be used for permanent buildings unless approved by the state under the Industrialized Housing and Building Act. Structures built on site and available for all construction inspections are not included in this requirement. Shipping containers shall only be used as temporary structures and shall meet requirements of chapter 30 article XII. (Ordinance 4847, sec. 1, adopted 3/7/95; Ordinance 5371, sec. 1, adopted 6/1/99) Sec General contractors registration (A) A general contractor is any person who or that erects, constructs, enlarges, alter, repairs, moves, improves, removes, converts, or demolishes any building or structure except as specifically exempted by section of the International Building Code as amended. This section includes, but is not limited to, modular or prefabricated structures built off site and delivered to the construction site for installation. (B) It shall be unlawful for any person who is not registered by the City as a general contractor to secure building permits as provided herein. Each applicant for registration as a general contractor shall have an established place of business or shop, the location of which complies, if within the City, with the requirement of the City zoning ordinance. Homeowners may obtain permits to perform work at a residence owned by the homeowner, without the requirement of hiring a registered general contractor. (C) To register with the City as a general contractor, application shall be made in writing on forms furnished for that purpose along with a registration fee as required by article XV to cover administrative costs, and filed with the Building Official. The application shall show the contractor s name, address, telephone number and such other information which the Building Official may reasonably require. (D) A general contractor registration shall expire one (1) year, following the date of its issuance, and shall be renewed by the Building Official upon application and upon the payment to the City of the required renewal fee; provided, however, that if during the preceding year the applicant s general contractor registration has been revoked, it will be necessary for the general contractor to be reinstated by the Building and Fire Codes Board. (E) Upon presentation to the Building and Fire Codes Board that the holder of any general contractor registration has willfully or persistently violated any provisions of the Code or is unable to comply with such provisions, or such person has been found guilty of violating any such ordinances, the Building and Fire Codes Board shall fix a time and place for a meeting of the board to consider such charges and shall notify the holder of the general contractor registration to be present at such meeting. After providing the holder an opportunity to be heard, the Building and Fire Codes Board may suspend or revoke the general contractor registration of that holder. (Ordinance 5371, sec. 1, adopted 6/1/99; Ordinance 5628, sec. 4, adopted 2/19/02)

16 Secs Reserved ARTICLE II. ABATEMENT OF DANGEROUS BUILDINGS ii * Sec Title These regulations shall be known as the Code for the Abatement of Dangerous Buildings, and may be cited as such, and will be referred to herein as this Code. Sec Purpose and scope (A) Purpose. It is the purpose of this Code to provide a just, equitable and practicable method, to be cumulative with and in addition to, any other remedy provided by the Building Code, or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished except dwelling units as regulated by the Minimum Housing Code, of chapter 32. (B) Scope. The provisions of this Code shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous except dwelling units as regulated by the Minimum Housing Code, of chapter 32. (Ordinance 4847, sec. 2, adopted 3/7/95) Sec Alteration, additions and repairs All buildings or structures that are required to be repaired under the provisions of this Code shall be subject to the provisions of section , and of the International Building Code, 2000 [2003] edition, as amended, adopted by this chapter. (Ordinance 4306, sec. 3, adopted 2/21/89; Ordinance 4558, sec. 2, adopted 2/4/92; Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 5371, sec. 2, adopted 6/1/99; Ordinance 5628, sec. 5, adopted 2/19/02) Sec General (A) Administration. The Building Official is hereby authorized to enforce the provisions of this Code. (B) Inspections. The Health Officer, the Fire Marshal and the Building Official are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this Code. (C) Right of entry. (1) Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this Code, provided that if such building or premises be occupied, he shall first present proper

17 credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official or his authorized representative shall secure a warrant to inspect pursuant to article of the Texas Code of Criminal Procedures. (2) Authorized representative shall include the officers named in subsection (B) and their authorized inspection personnel. (Ordinance 4847, sec. 2, adopted 3/7/95) Sec Abatement of dangerous buildings All buildings or portions thereof which are determined after inspection by the Building Official to be dangerous as defined in this Code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in section of this Code. (Ordinance 4847, sec. 2, adopted 3/7/95) Sec Violations It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this Code. (Ordinance 4847, sec. 2, adopted 3/7/95) Sec Inspection of work All buildings or structures within the scope of this Code and all construction or work for which a permit is required shall be subject to inspection by the Building Official in accordance with and in the manner provided by this Code and sections 108 of the International Building Code, 2000 [2003] edition, as amended, adopted by this chapter. (Ordinance 4306, sec. 3, adopted 2/21/89; Ordinance 4558, sec. 2, adopted 2/4/92; Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 5371, sec. 2, adopted 6/1/99; Ordinance 5628, sec. 6, adopted 2/19/02) Sec Definitions In this article: Building Code means the International Building Code, 2000 [2003] edition, promulgated by the International Code Council and adopted by the City Council. Dangerous building means any building or structure deemed to be dangerous under the provisions of section of this Code. (Ordinance 4306, sec. 3, adopted 2/21/89; Ordinance 4558, sec. 2, adopted 2/4/92; Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 4883, sec. 2, adopted 7/11/95; Ordinance 5371, sec. 2, adopted 6/1/99; Ordinance 5628, sec. 7, adopted 2/19/02) Sec Conditions or defects constituting dangerous building

18 For the purpose of this Code, any building or structure which has any or all of the conditions of defects hereinafter described shall be deemed to be a dangerous building and a public nuisance, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered: (1) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (2) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. (3) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. (4) Whenever the building or structure, or any portion thereof, because of: (a) (b) (c) (d) (e) Dilapidation, deterioration or decay; Faulty construction; The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; The deterioration, decay or inadequacy of its foundation; or Any other cause, is likely to partially or completely collapse. (5) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. (6) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base. (7) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become: (a) (b) (c) An attractive nuisance to children; A harbor for vagrants, criminals or immoral persons; or as to Enable persons to resort thereto for the purpose of committing unlawful or immoral acts. (8) Whenever a building or structure because of inadequate maintenance, dilapidation, damage, faulty construction or arrangement, inadequate ventilation or unsanitary plumbing facilities, or otherwise, is determined by the Building Official to be unsanitary, unfit for human

19 habitation in such a condition that is likely to cause sickness or disease or that the life, health, property or safety of the public or the building s occupants is endangered. (9) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause is determined by the Building Official to be a fire hazard. (10) Whenever any building or structure is in such a condition as to constitute a public nuisance. (11) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (Ordinance 4306, sec. 3, adopted 2/21/89; Ordinance 4558, sec. 2, adopted 2/4/92; Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 4883, sec. 2, adopted 7/11/95) Sec Procedures to abate conditions; notices and orders of Building Official generally (A) Commencement of proceedings. Whenever the Building Official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he shall commence proceedings to cause the repair, vacation or demolition of the building. (B) Issue of notice and order; contents. The Building Official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain a statement that the Building Official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of section of this Code. (C) Service of notice and order. The notice and order, and any amended or supplemented notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the Building Official or disclosed from official public records: The holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this section. (D) Proof of service. Any receipt card returned in acknowledgement of receipt by certified mail will be proof of service. (Ordinance 4847, sec. 2, adopted 3/7/95) Sec Repair, vacation and demolition; Standards to be followed The following standards shall be followed by the Building Official (and by the Building and Fire Codes Board if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure:

20 (1) Any building declared a dangerous building under this article shall either be repaired in accordance with the current Building Code or shall be demolished at the option of the building owner. (2) If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. (Ordinance 4847, sec. 2, adopted 3/7/95) Sec Notice to vacate; Posting Every notice to vacate shall, in addition to being served as provided in section 30.24(C), be posted at or upon each exit of the building. (Ordinance 4847, sec. 2, adopted 3/7/95) Sec Appeal Any person entitled to service under section 30.24(C) may appeal from any order or other action of the Building Official under this Code by filing at the office of the Building Official a written appeal on forms provided by the Building Official. The appeal shall be heard by the Building and Fire Codes Board by section 112 of the Building Code. (Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 5628, sec. 8, adopted 2/19/02) Sec Effect of failure to appeal Failure of any person to file an appeal in accordance with the provisions of section shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order or any portion thereof. (Ordinance 4847, sec. 2, adopted 3/7/95) Sec Scope of hearing on appeal Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. (Ordinance 4847, sec. 2, adopted 3/7/95) Sec Staying of order under appeal Except for vacation orders made pursuant to section 30.25, enforcement of any notice and order of the Building Official issued under this Code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Ordinance 4847, sec. 2, adopted 3/7/95) Sec Enforcement of the order of the Building Official or the Building and Fire Codes Board (A) General. After any order of the Building Official or the Building and Fire Codes Board made pursuant to this Code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey such order. (B) Failure to obey order. If, after any order of the Building Official or the Building and Fire Codes Board made pursuant to this Code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may institute any appropriate action to abate

21 such building as a public nuisance. (C) Failure to commence work. Whenever the required repair or demolition is not commenced within thirty (30) days after notice and order issued under this Code becomes effective: (1) The Building Official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice per section 30.26: (2) No person shall occupy any building which has been posted as specified in this section. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the Building Official have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code. (3) The Building Official may, in addition to any other remedy herein provided, cause a building to be demolished when the violation constitutes a serious threat to public safety and health. It may be demolished by the City or its contractor at the expense of the owner thereof. The materials of such building may be sold and the net cost of the demolition shall be charged to the owner; if any balance remains, it shall be held for the owner or any other parties entitled thereto. If the cost of the demolition exceeds the value of the materials of the building, such excess shall be charged as lien on the real property on which the building is situated. Such lien may not be collected by foreclosure or forced sale of this property. A building permit for new construction on this property shall not be issued until such time as the lien has been paid. (Ordinance 4558, sec. 2, adopted 2/4/92; Ordinance 4847, sec. 2, adopted 3/7/95) Secs Reserved ARTICLE III. ELECTRICAL CODE iii * Sec Adoption of the National Electrical Code (A) The National Electrical Code, 2005 edition, is hereby adopted by reference. One (1) copy is to remain on file in the City Secretary s office. Unless deleted, amended, expanded or otherwise changed herein, all provisions of this Code shall be fully applicable and binding and of full force and effect. (B) These regulations shall be known as the Electrical Code, may be cited as such, and will be referred to herein as this Code. (C) Amendments, modifications, and deletions. The following articles of the National Electrical Code adopted by subsection (A) of this section are amended, modified or deleted as follows: (1) Article 210.8(A)(7) is amended to by the addition of two exceptions as follows: Exception No. 1: Receptacles that are not readily accessible. Exception No. 2: A single receptacle or duplex receptacle for two appliances located within dedicated space for each appliance that, in normal use, is not easily moved from one place to another and that is cord-and-plug connected in accordance with 400.7(A)(6), (A)(7), or

22 (A)(8). (2) Article (D), Bathrooms is amended to read as follows: (D) Bathrooms. In dwelling units, at least one receptacle outlet shall be installed in bathrooms within three (3) feet of the outside edge of each basin. The receptacle outlet shall be located on a wall or partition that is adjacent to the basin or basin countertop. Required bathroom basin receptacle outlets shall not be installed adjacent to bathtubs. Exception: Where the 20-ampere circuit supplies a single bathroom, outlets for other equipment within the same bathroom shall be permitted to be supplied in accordance with (A)(1) and (A)(2). (3) Article 230.2(A) Special conditions is amended by adding a subarticle (7) as follows: (7) In supplying electrical service to multifamily dwellings, two or more laterals or overhead service drops shall be permitted to a building when both of the following conditions are met: (a) (b) The building has six or more individual gang meters and all meters are grouped at the same location. Each lateral or overhead service drop originates from the same point of service. (4) Article (A) General is amended by the addition of the following exception: Exception: Multioccupant buildings. Individual service disconnecting means is limited to six for each occupant. The number of individual disconnects at one location may exceed six. (5) Article 310.2(B) is amended by adding the following paragraph. Aluminum and copper-clad aluminum conductors may be used in services and feeders only. The use of aluminum and copper-clad aluminum conductors shall be limited to #2 AWG and larger sizes for use indoors and #4 AWG and larger sizes for use outdoors. (6) Article (B)(6) 120/24-volt, 3-wire, single-phase dwelling services and feeders is amended by the addition of the following sentence to the end of the article. This article shall not be used in conjunction with article (Ordinance 5977, sec. 4, adopted 3/7/06) Sec Application to existing electrical systems and equipment (A) Additions, alterations or repairs. (1) Additions, alterations or repairs may be made to any electrical system and equipment without requiring the entire existing electrical system to be upgraded to meet this Code, provided that any addition, alteration or repair conforms to the requirements for a new electrical system and

23 provided further that no hazard to life, health or safety will be created by such additions, alterations or repairs. (2) Minor additions, alterations and repairs to existing electrical systems and equipment may be made in accordance with the law in effect at the time the original installation was made, when approved by the Building Official. (B) Existing installations. Electrical systems and equipment lawfully in existence at the time of the adoption of this Code may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health or property has been created by such electrical system and equipment. (C) Change in building occupancy. Electrical systems and equipment which are a part of any building or structure undergoing a change in use or occupancy, as defined in the Building Code, shall comply with the requirements of this Code which are applicable to the new use or occupancy. (D) Maintenance. All electrical systems and equipment, both existing and new, and all parts thereof shall be maintained in a proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required by this Code shall be maintained in conformance with this Code. The owner or his designated agent shall be responsible for the maintenance of the electrical system. To determine compliance with this subsection, the Building Official may cause any electrical system to be reinspected. (E) Moved building. Electrical systems and equipment which are a part of buildings or structures moved into or within the City shall comply with the provisions of this Code for new installations. (Ordinance 5977, sec. 4, adopted 3/7/06) Sec Definitions For the purpose of these provisions, certain terms, phrases, words and their derivatives shall be construed as specified in this section. Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used. Webster s Third New International Dictionary of the English Language, Unabridged, 1986, shall be considered as providing ordinarily accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include feminine and the feminine the masculine. Approved, as to materials, equipment and method of construction, refers to approval by the Building Official as the result of investigation and tests conducted by him, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations. Approved agency is an established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when such agency has been approved by the Building Official. Building Code is the Building Code as adopted by the City. Building Official is the officer charged with the administration and enforcement of this Code, or his duly authorized representative, and is the authority having jurisdiction for this Code. Electrical Code is the National Electrical Code promulgated by the National Fire Protection Association,

24 as adopted by the City. Electrical system. In this article, any reference to electrical system shall mean electrical conductors, equipment, and raceways; signaling and communications conductors, equipment, and raceways; and optical fiber cables and raceways. Multiple occupancy building is a building having more than one tenant and may be of single or mixed use groups as classified by the Building Code. (Ordinance 5977, sec. 4, adopted 3/7/06) Sec Conflicting provisions Where, in any specific case, different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. (Ordinance 5977, sec. 4, adopted 3/7/06) Sec Alternate materials and methods of construction (A) The provisions of this Code are not intended to prevent the use of any material or method of construction not specifically prescribed in this Code, provided any alternate has been approved and its use authorized by the Building Official. (B) The Building Official may approve any alternate material or method of construction, provided he finds that the proposed design is satisfactory, complies with the provisions of this Code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in suitability, strength, effectiveness, fire resistance, durability and safety. (C) The Building Official shall require any person seeking approval of an alternate material or method of construction to provide sufficient evidence or proof that the alternate material or method of construction satisfies the requirement of subsection (B) above. Provided, however, that the approval or authorization of any alternate shall not be construed as warranting or representing the safety of any approved alternate. (Ordinance 5977, sec. 4, adopted 3/7/06) Sec Modifications The electrical regulations of this article may be modified or waived in writing by the Building Official pursuant to section 90.4 of the Electrical Code provided he shall first find that: (1) A special individual reason makes the strict letter of this Code impractical; (2) The modification is in conformity with the intent and purpose of this Code; and (3) That such modification does not lessen health, life and fire safety requirements. Any waiver or modification shall be obtained from the Building Official prior to starting the work, and a copy of the modification or waiver shall be filed in the office of the Building Official by the applicant.

25 (Ordinance 5977, sec. 4, adopted 3/7/06) Sec Tests (A) Whenever there is insufficient evidence of compliance with any of the provisions of this Code, or evidence that materials or construction do not conform to the requirements of this Code, the Building Official may require tests as evidence of compliance to be made at the sole expense of the person providing such materials or performing such construction. (B) Test methods shall be as specified by this Code or by other recognized test standards. In the absence of recognized and accepted test methods for the proposed alternate, the Building Official may determine test procedures. (C) All tests shall be made by an approved agency and a report indicating the results of such tests filed with the Building Official. Reports of such tests shall be retained by the Building Official for a period deemed appropriate by the Building Official. (Ordinance 5977, sec. 4, adopted 3/7/06) Sec Powers and duties of Building Official (A) General. The Building Official is hereby authorized to enforce all the provisions of this Code, which authority includes, but is not limited to the authority to issue a citation to any person who violates any of its provisions. He shall cause a record to be kept of all permits issued and inspections made. (B) Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the Building Official may appoint technical officers and inspectors and other employees as shall be authorized from time to time. Such employees shall have powers as delegated by the Building Official. (C) Conflict of interest. It shall be unlawful for an employee of the Building Inspection Department to engage in the business of selling, installing, or maintenance of electrical fixtures, devices, equipment or materials, and they shall have no financial interest in any concern engaged in such business at any time while employed by the City. (D) Right of entry. (1) Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official or his authorized representative, in accordance with applicable law, may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by such Codes, provided that if such building or premises be occupied, he shall first present proper credentials and request entry. If such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry be refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry.

26 (2) When the Building Official or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to this Code. (E) Notice. (1) When any order or notice is issued pursuant to the provisions of this Code to any person who cannot be found after a reasonable search, such order or notice may be served by posting it in a conspicuous place upon the premises occupied by him or upon the premises where the defects are alleged to exist. Such posting of the notice shall be considered equivalent to personal service of such order or notice. An order sent by mail in a sealed envelope with postage prepaid and directed to the address of the electrical contractor, owner, lessee, or occupant of the premises shall be equivalent to personal service of such order. (2) Inspectors are hereby empowered to attach to the nearest electrical cabinet or equipment feeding defective or hazardous wiring, any official notice or seal to prevent use of electricity in that area, and it shall be unlawful for any other person to place or attach such seal, or to break, change, destroy, tear, mutilate, cover or otherwise deface or injure any such official notice or seal posted by an inspector. (F) Stop orders. Whenever any work is being done contrary to the provisions of this Code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work. (G) Authority to disconnect utilities in emergencies. The Building Official or his authorized representative shall have the authority to disconnect any electric power or energy service supplied to the building, structure or building service equipment therein regulated by this Code in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter. (H) Authority to condemn electrical system and equipment. (1) Whenever the Building Official ascertains that any electrical system or equipment regulated in this Code has become hazardous to life, health or property, he may order in writing that such electrical system or equipment either be removed or restored to a safe condition, whichever is appropriate. The written notice itself shall fix a time limit for compliance with such order. No person shall use or maintain defective electrical system or equipment after receiving such notice. (2) When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefor shall be given within 24 hours of the order to disconnect to the serving utility, the owner and occupant of such building, structure or premises. (3) When any electrical system or equipment is maintained in violation of this Code and in

27 violation of any notice issued pursuant to the provisions of this section, the Building Official shall institute any appropriate action to prevent, restrain, correct or abate the violation. (I) Connection after order to disconnect. No person shall make connections from any energy or power supply nor supply power to any electrical system or equipment which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of such electrical system or equipment. (J) Liability. (1) The Building Official, or his authorized representative charged with the enforcement of this Code, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the Building Official or employee because of such act or omission performed by him in the enforcement of any provision of this Code shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings. (2) This Code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by the Code or approvals issued under this Code. (K) Cooperation of other officials and officers. The Building Official may request, and shall receive so far as is required in the discharge of his duties, the assistance and cooperation of other officials of this jurisdiction. (Ordinance 5977, sec. 4, adopted 3/7/06) Sec Unsafe electrical systems or equipment (A) All electrical systems or equipment regulated by this Code which constitute a fire hazard or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of electrical systems or equipment regulated by this Code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. (B) All such unsafe electrical systems or equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in article II of chapter 30 or article I of chapter 32 of this Code, as applicable, or such alternate procedure as may be adopted by this jurisdiction. As an alternative, the Building Official or other employee or official of the City as designated by the governing body may institute any other appropriate action to prevent, restrain, correct or abate the violation. (Ordinance 5977, sec. 4, adopted 3/7/06) Sec Violations

28 It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain any electrical system or equipment or cause or permit the same to be done in violation of this Code. Any violation of this Code is a misdemeanor and shall be punishable as provided by section of this Code. The issuance or granting of a permit or approval of plans and specifications or the completion or approval of an inspection shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which is authorized is lawful. (Ordinance 5977, sec. 4, adopted 3/7/06) Sec Electrical Board (A) Appeals. Any person aggrieved by any decision or ruling made by the Building Official under the provisions of this Code may appeal to the Electrical Board (the board ). (1) Time for filing appeal/grounds. The appeal must be in writing and received in the office of the Building Official within thirty (30) days of the decision or ruling to be appealed, and must set forth the specific grounds for the appeal. The Building Official shall forward the appeal to the board, along with all information constituting the record upon which the decision was made. (2) Notice of hearing. The board shall meet upon notice from the chairman and within thirty (30) days of the date the appeal was filed. (3) Decision of board. The board shall render a written decision reversing, affirming or modifying the decision, in whole or in part, within thirty (30) days of the hearing, and may issue appropriate orders consistent with its decision. All decisions of the board shall be by a majority vote, and reflect how each of the board members participating in the decision voted. The decision of the board shall be filed promptly in the office of the Building Official and the City Secretary s office. The Building Official shall be responsible for the enforcement of the board s decisions. (B) Board composition/powers and duties. (1) Composition. The Electrical Board (the board ) shall consist of nine (9) voting members who shall be appointed by the City Council. The appointive members of the board shall consist of qualified electrical professionals such as electrical contractors, licensed electricians, inspectors, professional engineers and electrical designers. The term of office for members of the board shall be two (2) years. The Building Official or his designee shall be an ex officio member of the board, without voting privileges. (2) Compensation. The appointive members of the board shall serve without compensation. (3) Secretary. The Building Official or his designee shall act as secretary to the board, and shall be responsible for keeping written minutes of the meeting. (4) Election of officers. An annual election of the chairman and vice chairman of the board shall be held during the first meeting after September 1 of each year. (5) Powers and duties.

29 (a) (b) (c) Generally. The board shall meet upon call of the chairman to consider proposed revisions to this Code and as needed for the consideration of appeals of decisions of the Building Official. Amendments. The board shall recommend to the City Council amendments to this Code, when such amendments are deemed appropriate or desirable for the protection of the public health, safety and welfare. Any interested person may submit proposed amendments to the board. The board shall consider the recommendation of the Building Official concerning any proposed amendment. In order for the board to recommend an amendment to the City Council, a concurring vote of two-thirds (2/3) of the members of the board present at the meeting is required. Appeals. The board shall have the authority to hear appeals of decisions or rulings of the Building Official made under the provisions of this Code. In that connection, the board shall have the limited power to determine whether the true intent of this Code and the rules adopted thereunder have been correctly interpreted, whether the provisions of this Code apply fully, or whether an equally good or better form or construction or material was proposed and may be used. The board shall have no power to limit, modify, change or waive any requirement of this Code. (Ordinance 5977, sec. 4, adopted 3/7/06) Sec Electrical registrations, licenses, and supervision of work (A) Any person providing services as an electrical contractor in the City must register with the Building Inspection Department as a contractor. To register with the City as a contractor, application shall be made in writing on forms furnished for that purpose and filed with the Building Official. The application shall show the contractor s name, local address and telephone number, a copy of the applicant s state electrical contractor s license, and such other information as may reasonably be required to properly identify the contractor. Such application shall be accompanied by the fee prescribed in the fee schedule located in article XV of chapter 30 of this Code. (B) Except as provided in subsection (C), all provisions of the Texas Electrical Safety and Licensing Act, found in the State Occupations Code, title 8, chapter 1305 and the Administrative Rules of the state department of licensing and regulation, 16 Texas Administrative Code, chapter 73 shall be in full force within the City. (C) Any electrical license or registration issued by the City which has not expired by the adoption date of the ordinance codified in this article shall remain valid and in full effect until the expiration date of said license. Upon the expiration date of said license, the City will not renew or honor the rights previously granted by the license. When all such licenses are expired, the electrical licensing program of the City shall cease. (Ordinance 5977, sec. 4, adopted 3/7/06) Sec Permits (A) Permits required. Except as specified in subsection (C) of this section, no electrical system regulated by this Code shall be installed, altered, repaired, replaced or remodeled unless a separate electrical permit for each building or structure has first been obtained from the Building Official, or

30 without first submitting a subcontractor s affidavit form for work authorized under a combined building permit. (B) It shall be unlawful for any person to lend, rent, or transfer an electrical permit or subcontractor s affidavit, or permit a person without proper license or registration to do the work, or for any person to make use of any such permit or affidavit which is not actually his own, and any such permit obtained or affidavit submitted under these conditions shall be null and void. (C) Exempt work. An electrical permit shall not be required for the following: (1) Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this Code. (2) Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. (3) Temporary decorative lighting. (4) Repair or replacement of current-carrying parts of any switch, contactor or control device. (5) Reinstallation of attachment plug receptacles, but not the outlets therefor. (6) Repair or replacement of any overcurrent device of the required capacity in the same location. (7) Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. (8) Taping joints. (9) Removal of electrical wiring. (10) Temporary wiring for experimental purposes in suitable experimental laboratories. (11) The wiring for temporary theater, motion picture or television stage sets. (12) Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. (13) Low-energy power, control and signal circuits of classes II and III as defined in this Code. (14) A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this Code or any other laws or ordinances.

31 (Ordinance 5977, sec. 4, adopted 3/7/06) Sec Application for permit (A) Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency for that purpose. Every such application shall: (1) Identify and describe the work to be covered by the permit for which application is made. (2) Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. (3) Indicate the use or occupancy for which the proposed work is intended. (4) Be accompanied by plans, diagrams, computations and specifications and other data as required in subsection (B) of this section. (5) Be signed by permittee, or his authorized agent. (6) Give such other data and information as may be required by the Building Official. (B) Plans and specifications. With each application for a permit, and where required by the Building Official for enforcement of any provision of this Code, plans, specifications and calculations shall be submitted in the quantity deemed necessary by the Building Official. When deemed necessary by the Building Official to ensure code compliance, the Building Official may require plans and specifications to be prepared and designed by an engineer licensed by the state. All drawings, specifications and accompanying data involved with the practice of engineering, such as structural, mechanical, plumbing, electrical, heating and cooling, fire, life and safety systems, shall comply with state and local laws governing the practice of engineering as required by article 3271a, Vernon s Annotated Texas Statutes. (C) Information on plans and specifications. Plans and specifications shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations. (Ordinance 5977, sec. 4, adopted 3/7/06) Sec Permits issuance (A) Issuance. (1) The applications, plans and specifications, and other data, filed by an applicant for permit may be reviewed by other departments of the City to determine compliance with any applicable laws under their jurisdiction. If the work described in an application for a permit and the plans, specifications and other data filed therewith conforms to the requirements of this Code and other pertinent laws and ordinances, and the fees prescribed in the fee schedule (article XV of chapter 30 of this Code) have been paid, the Building Official may issue a permit therefor to the applicant.

32 (2) When the Building Official issues the permit where plans are required, he shall endorse in writing or stamp the plans and specifications APPROVED. Such approved plans and specifications shall not be changed, modified or altered without authorizations from the Building Official, and all work shall be done in accordance with the approved plans. (3) The Building Official may issue a permit for the construction of part of an electrical system before the entire plans and specifications for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this Code. The holder of such permit shall proceed at his own risk with assurance that the permit for the entire building, structure or building service will be granted. (B) Retention of plans. One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. One set of approved plans, specifications and computations shall be retained by the Building Official until final approval of the work. (C) Validity of permit. (1) The issuance of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code, or of any other ordinance of the City, nor shall the issuance of a permit or approval of plans be construed as representing or warranting the safety or lack of defects of any electrical work described therein. No permit presuming to give authority to violate or cancel the provisions of these Codes shall be valid. (2) The issuance of a permit based upon plans, specifications and other data shall not prevent the Building Official from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder when in violation of these Codes or of any other ordinances of the City. (D) Expiration. An individual permit issued by the Building Official shall expire by limitation and become null and void on the expiration of two (2) years after its issuance if no progress has been made toward the completion of the project, or upon expiration of the project. (A project shall expire immediately after the fifth anniversary of the date the first permit application was filed for the project if no progress had been made towards completion of the project.) Once a permit for particular work has expired, a new permit must be applied for and obtained before the work can be commenced. The permit fee shall be the full amount required for a new permit for such work. The Building Official or his designee shall determine the extent to which the work must comply with any new regulations that were not in effect at the time the original permit was issued. (E) Suspension or revocation. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of the City. (Ordinance 5977, sec. 4, adopted 3/7/06) Sec Inspections

33 (A) General. All electrical systems and equipment for which a permit is required by this Code shall be subject to inspection by the Building Official. No portion of any electrical system intended to be concealed shall be concealed until inspected and approved. Neither the Building Official nor the City shall be liable for expense entailed in the removal or replacement of any material necessary to allow inspection. When the installation of an electrical system and equipment is complete, an additional and final inspection shall be made. Electrical systems and equipment regulated by this Code shall not be connected to the energy source until authorized by the Building Official. (B) Inspection requests. (1) It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Building Official. (2) It shall be the duty of the person requesting inspections required by this Code to provide access to and means for proper inspection of such work. (C) Operation of electrical equipment. The requirements of this section shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been filed with the Building Official not more than 48 hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building. (D) Other inspections. In addition to the called inspections required by this Code, the Building Official may make or require other inspections of any work to ascertain compliance with the provisions of this Code and other laws which are enforced by the code enforcement agency. (E) Reinspections. (1) A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when required corrections are not made. (2) This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection or when required corrections are not made. (3) Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. (4) The applicant shall pay the reinspection fee prior to requesting a reinspection. (5) In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. (Ordinance 5977, sec. 4, adopted 3/7/06)

34 Sec Connection approval (A) Energy connections. An electrical system or equipment regulated by this Code for which a permit is required shall not be connected to a source of energy or power until approved by the Building Official. (B) Temporary connections. The Building Official may authorize the temporary connection of the electrical system or equipment to the source of energy or power for the purpose of testing the equipment, or for the use under a temporary certificate of occupancy. (Ordinance 5977, sec. 4, adopted 3/7/06) Sec Working hours (A) Hours established. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use, including multifamily uses, shall be allowed only between 7:00 a.m. and 8:00 p.m. each day of the week. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use, including multifamily uses, shall be prohibited between 8:00 p.m. and 7:00 a.m. each day of the week. (B) Other regulations unaffected. This section does not authorize violation of any other legally established regulation, either public or private, regulating noise nuisance to residents. (C) Exceptions. These regulations do not affect emergency work being done to secure a structure or to reestablish utility service to a structure. (D) Variance. The Director of Health, in accordance with section of this Code, may issue a permit of variance to these regulations. (Ordinance 5977, sec. 4, adopted 3/7/06) Secs Reserved ARTICLE IV. MECHANICAL CODE iv * Sec Adoption of International Mechanical Code The International Mechanical Code, 2003 edition is hereby adopted by reference. One (1) copy is to remain on file in the City Secretary s office. Unless deleted, amended, expanded or otherwise changed herein, all provisions of this Code shall be fully applicable and binding and of full force and effect. (Ordinance 5977, sec. 5, adopted 3/7/06) Sec Amendments, modifications and deletions The following sections of the International Mechanical Code, as adopted by section above, are amended, modified or deleted as follows: Section is amended to read as follows:

35 101.1 Title. These regulations shall be known as the Mechanical Code of the City, hereinafter referred to as this Code. Section is amended to read as follows Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in chapter 15 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and the referenced standards, the provisions of this Code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to the ICC Electrical Code shall mean the Electrical Code as adopted. Section is amended to read as follows: Enforcement agency. The Building Inspection Department shall enforce the provisions of this Code. The code official in charge shall be the Building Official. Section is deleted in its entirety. Section is amended to read as follows: Sec Expiration. An individual permit issued by the Building Official shall expire by limitation and become null and void on the expiration of two (2) years after its issuance if no progress has been made toward completion of the project or upon expiration of the project. (A project shall expire immediately after the fifth anniversary of the date the first permit application was filed for the project if no progress has been made towards completion of the project.) Once a permit for particular work has expired, a new permit must be applied for and obtained before the work can be commenced. The permit fee therefor shall be the full amount required for a new permit for such work. The Building Official or designee shall determine the extent to which the work must comply with any new regulations that were not in effect at the time the original permit was issued. Section is deleted in its entirety. Section is amended to read as follows: Sec Fees. The fee for permits issued under this Code shall be as prescribed in the fee schedule located in article XV of chapter 30 of the Code of Ordinances. Section is amended to read as follows: Sec Fee refunds. The Building Official may authorize the refunding of fees as provided in fee schedule located in article XV of chapter 30 of the Code of Ordinances. Section 106 is amended by adding a new section to read as follows: Mechanical registration and supervision of work. Any person providing services as a

36 mechanical contractor in the City must register with the Building Inspection Department as a contractor. To register with the City as a contractor, application shall be made in writing on forms furnished for that purpose and filed with the Building Official. The application shall show the contractor s name, local address and telephone number, a copy of the applicant s state mechanical contractor s license, and such other information as may reasonably be required to properly identify the contractor. Such application shall be accompanied by the fee prescribed in the fee schedule located in article XV of chapter 30 of the Code of Ordinances. All provisions of the Air Conditioning and Refrigeration Contractor License Law, found in the State Occupations Code, title 8, chapter 1302 and the Air Conditioning and Refrigeration Administrative Rules of the Texas Department of Licensing and Regulation, 16 Texas Administrative Code, chapter 75 shall be in full force within the City. Section is deleted in its entirety. Section is amended to read as follows: Stop work orders. Upon notice from the Building Official, work on any mechanical system that is being done contrary to the provisions of this Code or in a dangerous or unsafe manner shall immediately cease. Except in the case of emergency, such work shall not resume until authorized by the Building Official to proceed. Such notice shall be in writing and shall be given to the owner of the property, or to the owner s agent, or the person doing the work or causing such work to be done. Where an emergency exists, the official shall not be required to give a written notice prior to stopping the work. Notice may be served by posting it in a conspicuous place upon the premises where the defects are alleged to exist. Such posting of the notice shall be considered equivalent to personal service of such notice. Section 109 is amended to read as follows: SECTION 109 PLUMBING AND MECHANICAL BOARD Appeals. Any person aggrieved by any decision or ruling made by the Building Official under the provisions of this Code, may appeal to the Plumbing and Mechanical Board (the board ) Time for filing appeal/grounds. The appeal must be in writing and received in the office of the Building Official within thirty (30) days of the decision or ruling to be appealed, and must set forth the specific grounds for the appeal. The Building Official shall forward the appeal to the board, along with all information constituting the record upon which the decision was made Notice of hearing. The board shall meet upon notice from the chairman and within thirty (30) days of the date the appeal was filed Decision of board. The board shall render a written decision reversing, affirming or modifying the decision, in whole or in part, within thirty (30) days of the hearing, and may issue appropriate orders consistent with its decision. All decisions of the board shall be by a majority vote, and reflect how each of the board members participating in the decision voted. The decision of the board shall be filed promptly in the office of the Building Official and the City Secretary s office. The Building Official shall be responsible for the enforcement of the board s decisions.

37 109.2 Board composition/powers and duties Composition. The Plumbing and Mechanical Board (the board ) shall consist of nine (9) voting members who shall be appointed by the City Council. The appointed members shall consist of persons with plumbing and/or mechanical competencies and no more than one (1) layman. The board should include at least three (3) licensed plumbers and two (2) licensed mechanical contractors. The term of office for members of the board shall be two (2) years. The Building Official or his designee shall be an ex officio member of the board, without voting privileges Compensation. The appointive members of the board shall serve without compensation Secretary. The Building Official or his designee shall act as secretary to the board, and shall be responsible for keeping written minutes of the meeting Election of officers. An annual election of the chairman and vice chairman of the board shall be held during the first meeting after September 1 of each year Powers and duties Generally. The board shall meet upon call of the chairman to consider proposed revisions to the Mechanical Code, the Plumbing Code, the Fuel Gas Code and chapters of the Residential Code and as needed for the consideration of appeals of decisions of the Building Official Amendments. The board shall recommend to the City Council amendments to this Code, as well as to the Plumbing Code, the Fuel Gas Code and chapters of the Residential Code, when such amendments are deemed appropriate or desirable for the protection of the public health, safety and welfare. Any interested person may submit proposed amendments to the board. The board shall consider the recommendation of the Building Official concerning any proposed amendment. In order for the board to recommend an amendment to the City Council, a concurring vote of two thirds (2/3) of the members of the board present at the meeting is required Appeals. The board shall have the authority to hear appeals of decisions or rulings of the Building Official made under the provisions of the Mechanical Code, the Plumbing Code, the Fuel Gas Code and chapters of the Residential Code. In that connection, the board shall have the limited power to determine whether the true intent of these Codes and the rules adopted thereunder have been correctly interpreted, whether the provisions of these Codes apply fully, or whether an equally good or better form or construction or material was proposed and may be used. The board shall have no power to limit, modify, change or waive any requirement of these Codes. A new section 110 is created to read as follows: SECTION 110 WORKING HOURS Hours established. Any outside work being done adjacent to an occupied residential subdivision or

38 adjacent to an occupied residential use, including multifamily uses, shall be allowed only between 7:00 a.m. and 8:00 p.m. each day of the week. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use, including multifamily uses, shall be prohibited between 8:00 p.m. and 7:00 a.m. each day of the week Other regulations unaffected. This section does not authorize violation of any other legally established regulation, either public or private, regulating noise nuisance to residents Exceptions. These regulations do not affect emergency work being done to secure a structure or to reestablish utility service to a structure Variance. The Director of Health, in accordance with section of the Code of Ordinances of the City, may issue a permit of variance to these regulations. Section is amended by adding the following exception: Exception: Elevation of the ignition source is not required for water heaters that are listed as flammable vapor resistant and for installation without elevation. Section is deleted in its entirety. Section is amended by adding a new section to read as follows: Access. Access to the attic space shall be provided by one of the following: 1. A permanent stair. 2. A pull down stair. 3. An access door from an upper floor level. Section is amended by adding an exception to read as follows: Exception: Where the design professional demonstrates that an engineered ventilation system is designed in accordance with ASHRAE 62, the minimum required rate of outdoor air shall be permitted to be as specified in such engineered system design. Section is amended by adding an item 4 to read as follows: 4. Toilet rooms within private dwellings that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. Section is amended by adding a third exception to read as follows: 3. Bathroom exhaust ducts may terminate in an attic, warehouse or shop area when infiltration of outside air is present. Vents shall be installed so as not to be blocked by blown insulation or other obstructions.

39 Section is amended by deleting the second exception in its entirety. (Ordinance 5977, sec. 5, adopted 3/7/06) Secs Reserved ARTICLE V. PLUMBING CODE AND FUEL GAS CODE v * Sec Adoption of International Plumbing and Fuel Gas Codes The International Plumbing Code and International Fuel Gas Code, 2003 editions, are herewith adopted by reference. One (1) copy of each Code is to remain on file in the City Secretary s office. Unless deleted, amended, expanded or otherwise changed herein, all provisions of such Codes shall be fully applicable and binding and of full force and effect. Such adoption shall include appendices B, D, and E of the International Plumbing Code. (Ordinance 5977, sec. 6, adopted 3/7/06) Sec Amendments, modifications and deletions to the International Plumbing Code The following sections of the International Plumbing Code, as adopted by section above, are amended, modified, or deleted as described below: Section is amended to read as follows: Title. These regulations shall be known as the Plumbing Code of the City, hereinafter referred to as this Code. Section is amended to read as follows: Referenced codes and standards. The codes and standards referenced herein shall be those that are listed in chapter 13 and such codes, when specifically adopted, and standards shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and the referenced standards, the provisions of this Code shall apply. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to the ICC Electrical Code shall mean the Electrical Code as adopted. Section is amended to read as follows Enforcement agency. The Building Inspection Department shall enforce the provisions of this Code. The code official in charge shall be the Building Official. Section is deleted in its entirety. Section is amended to read as follows: Expiration. An individual permit issued by the Building Official shall expire by limitation and become null and void on the expiration of two (2) years after its issuance if no

40 progress has been made toward completion of the project or upon expiration of the project. (A project shall expire immediately after the fifth anniversary of the date the first permit application was filed for the project if no progress has been made towards completion of the project.) Once a permit for particular work has expired, a new permit must be applied for and obtained before the work can be commenced. The permit fee therefor shall be the full amount required for a new permit for such work. The Building Official or designee shall determine the extent to which the work must comply with any new regulations that were not in effect at the time the original permit was issued. Section is deleted in its entirety. Section is amended to read as follows: Fees. The fee for permits issued under this Code shall be as prescribed in the fee schedule located in article XV of chapter 30 of the Code of Ordinances. Section is amended to read as follows: Fee refunds. The Building Official may authorize the refunding of fees as provided in the fee schedule located in article XV of chapter 30 of the Code of Ordinances. Section is amended by adding a new section to read as follows: Plumbing registration and supervision of work. Any person providing services as a plumbing contractor in the City must register with the Building Inspection Department as a contractor. To register with the City as a contractor, application shall be made in writing on forms furnished for that purpose and filed with the Building Official. The application shall show the contractor s name, local address and telephone number, a copy of the contractor s state master plumber s license, and such other information as may reasonably be required to properly identify the contractor. Such application shall be accompanied by the fee prescribed in the fee schedule located in article XV of chapter 30 of the Code of Ordinances. All provisions of the Plumbing License Law, found in the State Occupations Code, title 8, chapter 1301 and the Texas State Board of Plumbing Examiners Board Rules shall be in full force within the City. Section is deleted in its entirety. Section is amended to read as follows: Stop work orders. Upon notice from the Building Official, work on any mechanical system that is being done contrary to the provisions of this Code or in a dangerous or unsafe manner shall immediately cease. Except in the case of emergency, such work shall not resume until authorized by the Building Official to proceed. Such notice shall be in writing and shall be given to the owner of the property, or to the owner s agent, or the person doing the work or causing such work to be done. Where an emergency exists, the official shall not be required to give a written notice prior to stopping the work. Notice may be served by posting it in a conspicuous place upon the premises where the defects are alleged to exist. Such posting of the notice shall be considered equivalent to personal service of such notice.

41 Section 109 is amended to read as follows: SECTION 109 MEANS OF APPEAL Appeals. Any person aggrieved by any decision or ruling made by the Building Official under the provisions of this Code or the Fuel Gas Code may appeal to the Plumbing and Mechanical Board in accordance with the procedure set forth in section 109 of the Mechanical Code as adopted and amended in article IV, chapter 30 of the Code of Ordinances of the City. A new section 110 is created to read as follows: SECTION 110 WORKING HOURS Hours established. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use, including multifamily uses, shall be allowed only between 7:00 a.m. and 8:00 p.m. each day of the week. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use, including multifamily uses, shall be prohibited between 8:00 p.m. and 7:00 a.m. each day of the week Other regulations unaffected. This section does not authorize violation of any other legally established regulation, either public or private, regulating noise nuisance to residents. Chapter 22 of the Code of Ordinances establishes acceptable levels of noise Exceptions. These regulations do not affect emergency work being done to secure a structure or to reestablish utility service to a structure Variance. The Director of Health, in accordance with section of the Code of Ordinances of the City, may issue a permit of variance to these regulations. Section is amended to read as follows: Sewer depth. Building sewers shall be a minimum of 12 inches below grade. Section 305 is amended by adding a new section to read as follows: Sec Exterior hydrants. Exterior hydrants installed through the walls shall be installed with a copper or brass pipe nipple from the threaded female drop ear ninety degree ell to the water hydrants with an appropriate vacuum breaker. Frostproof hydrant(s) shall be installed when subject to freezing. Section is amended to read as follows: Sec Drainage and vent water test. A water test shall be applied to the drainage system either in its entirety or in sections. If applied to the entire system, all openings in the piping shall be tightly closed, except the highest opening, and the system shall be filled with water to point of overflow. If the system is tested in sections, each opening shall be tightly plugged except the highest opening of the section under test, and each section shall be filled with water, but no section shall be tested with less than a 5 foot head of water. In testing successive sections, at least the upper 5 feet of the next preceding section shall be tested so

42 that no joint or pipe in the building, except the uppermost 5 feet of the system shall have been submitted to a test of less than 5 foot head of water. The water shall be kept in the system, or in the portion under test, for at least 15 minutes before inspection starts. The system shall then be tight at all points. Section is amended to read as follows: Inspection and testing of backflow prevention assemblies. Testing shall comply with the City s cross-connection control regulations. (Cross-connection control regulations are set forth in article V, chapter 51 of the Code of Ordinances.) Section is amended by adding a sentence to read to the end of the section to read as follows: The provisions of this chapter are meant to work in coordination with the provisions of the Building Code. Should any conflicts arise between these two chapters, the Building Official shall determine which provision applies. Section is amended to read as follows: Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as follows: 1. Assembly occupancies: At least one drinking fountain shall be provided at each floor level in an approved location. Exception: A drinking fountain need not be provided in a drinking or dining establishment. 2. Groups A, B, F, H, I, M and S occupancies: Buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in section Group E occupancies: Shall be provided with fixtures as shown in table Group R occupancies: Shall be provided with fixtures as shown in table It is recommended, but not required, that the minimum number of fixtures provided also comply with the number shown in table Types of occupancies not shown in table shall be considered individually by the Building Official. The occupancy classification and the number of occupants shall be determined by the Building Code. Section is amended to read as follows: Water connection. The water supply to a commercial dishwashing machine shall be protected against backflow by an air gap or backflow preventer in accordance with section 608. Section is amended to read as follows:

43 410.1 Approval. Drinking fountains shall conform to ASME A M, ASME A M or ASME A M, and water coolers shall conform to ARI Drinking fountains and water coolers shall conform to NSF 61, section 9. (See section 403.1, as amended, to determine what occupancies require drinking fountains and/or water coolers.) Section is amended to read as follows: Shower floors or receptors. Floor surfaces shall be constructed of impervious, noncorrosive, nonabsorbent and waterproof materials. Thresholds shall be a minimum of 2 inches and a maximum of 9 inches, measured from top of the drain to top of threshold or dam. Thresholds shall be of sufficient width to accommodate a minimum twenty-two (22) inch door. Exception: Accessible showers. Section is amended by adding a new section to read as follows: Test for shower receptors. Shower receptors shall be tested for water tightness by filling with water to the level of the rough threshold. The drain shall be plugged in a manner so that both sides of pans shall be subjected to the test at the point where it is clamped to the drain. Section is amended by adding the following sentence to the end of the section: Access into the attic shall be through a permanent stairway, a pull down stairway or an access door from an upper floor level. Section is deleted in its entirety. Tables and are amended by deleting the reference to Polybutylene (PB) plastic pipe and tubing as well as the corresponding standard for the material. Section is amended by deleting items #3, #4 and #5. Section is amended by amending items #1 and #2 to read as follows: 1. On the fixture supply to each plumbing fixture. Exception: Tub and shower valves. 2. Hose bibbs subject to freezing shall be equipped with an accessible stop-and-waste-type valve inside the building so that they may be controlled and/or drained during cold periods. Exception: Frost-proof hose bibbs installed such that the stem extends into an insulated wall. Section is amended to read as follows: General. A potable water supply system shall be designed, installed and maintained in

44 such a manner so as to prevent contamination from nonpotable liquids, solids or gases being introduced into the potable water supply through cross-connections or any other piping connections to the system. Backflow preventer applications shall conform to the City s crossconnection control regulations, table 608.1, and as specifically stated in sections through Section is amended to read as follows: Connections to lawn irrigation systems. The potable water supply system to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer. A valve shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. Section is amended to read as follows: Protection of individual water supplies. An individual water supply shall be located and constructed so as to be safeguarded against contamination in accordance with the City s cross-connection control program. When not regulated by the City s cross-connection control program, installation shall be in accordance with sections through Section is amended by adding a new section to read as follows: The availability of the public sewer to the building, lot or premises shall be determined by the City Director of Engineering. Tables 710.1(1) and 710.1(2) are amended by adding a footnote to read as follows: Minimum two (2) inch DWV piping is required below the first floor level of a slab on grade or similar foundation. Section is amended by adding a sentence at the end of the section to read as follows: No standpipe shall be installed below the ground. Section is amended to read as follows: Roof extension. All open vent pipes that extend through a roof shall be terminated at least six (6) inches above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet above the roof. Section is amended to read as follows: Type of fixture. A combination drain and vent system shall serve only floor drains, sinks, standpipes, and indirect waste receptors. Section is amended to read as follows:

45 912.2 Installation. The only vertical pipe of a combination drain and vent system shall be the connection between the fixture drain of a sink, standpipe, and the horizontal combination drain and vent pipe. The maximum vertical distance shall be 8 feet. Section is amended by adding a new section to read as follows: Sec Installation approval. The installation of air admittance values shall not be permitted without first obtaining permission from the Building Official. The valves shall be installed in accordance with the requirements of this section and the manufacturer s installation instructions. Installation plans for air admittance valve systems must be submitted, in duplicate, specifically showing the location of all air admittance valves, relief vents, and vent stacks. One copy of the approved plan shall be required to remain on the jobsite until all inspections are completed. Air admittance valves shall be installed after the DWV testing required by section or has been performed. Section is amended to read as follows: Sec Size, type and location to be approved. The size, type and location shall be determined by the Health Department. Section is amended to read as follows: Sec Grease traps. Grease traps shall conform to City requirements and shall be installed in accordance with the manufacturer s instructions. Section is amended to read as follows: General. The size of the vertical conductors and leaders, building storm drains, building storm sewers, and any horizontal branches of such drains or sewers shall be based on five (5) inches per hour rainfall rate. Section is amended by amending the first sentence to read as follows: Sizing of secondary drains. Secondary (emergency) roof drain systems shall be sized in accordance with section Section is amended by deleting exception 2. (Ordinance 5977, sec. 6, adopted 3/7/06) Sec Amendments, modifications and deletions to the International Fuel Gas Code The following sections of the International Fuel Gas Code, as adopted by section above, are amended, modified or deleted as described below: Chapter 1 is amended to read as follows: Administration. Administration of the Fuel Gas Code shall be in accordance with chapter 1 of the Plumbing Code, which includes all provision of the State of Texas Plumbing License Law.

46 This Code shall apply only to those gas systems specifically regulated by the Plumbing License Law. Section is deleted in its entirety. Section is amended by adding a new section to read as follows: Access. Access to the attic space shall be provided by one of the following: 1. A permanent stair. 2. A pull down stair. 3. An access door from an upper floor level. Section is amended by adding a second paragraph to the end of the section to read as follows: Both ends of each section of medium pressure corrugated stainless steel tubing (CSST) shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag: WARNING 1/2 to 5 psi gas pressure Do Not Remove Section is amended by adding an exception to read as follows: Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2". Section is amended to read as follows: Minimum burial depth. Underground piping systems shall be installed a minimum depth of 18 inches below grade. Section is amended to read as follows: Testing of pipe. Tests shall be for at least 15 minutes at the following pressures: a. Low pressure system (1/2 psi or less): 10 psi test on a 30 psi gauge, or 3 psi test on a 6 psi diaphragm gauge. b. Medium pressure system (1/2 to 5 psi): 60 psi test on a 100 psi gauge, or 10 psi test on a 20 psi diaphragm gauge. c. Welded pipe (any pressure): 60 psi test on a 100 psi gauge. Section is amended by adding a new section to read as follows: Valves in CSST installations. Shutoff valves installed with corrugated stainless steel

47 (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12- inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system s piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. Section is amended by adding a second paragraph and an exception to read as follows: Access to regulators shall comply with the requirements for access to appliances as specified in section 306. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening. Section is amended to read as follows: Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit. Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the code official unless an unsafe condition is determined to exist. (Ordinance 5977, sec. 6, adopted 3/7/06) Secs Reserved ARTICLE VI. SIGN REGULATIONS vi * Sec Purpose Signs use private land and the sight lines created by the public rights-of-way to inform and persuade the general public by publishing a message. This article provides standards for the erection and maintenance of private signs. All private signs not exempted as provided below shall be erected and maintained in accordance with these standards except when under the Downtown Urban Design or State Highway 190 Development Standards. The general objectives of these standards are to promote health, safety, welfare, convenience and enjoyment of the public and, in part, to achieve the following: (1) Safety. To promote the safety of persons and property by providing that signs: (a) (b) (c) Do not create a hazard due to collapse, fire, collision, decay or abandonment; Do not obstruct firefighting or police surveillance; and Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver s ability to see pedestrians, obstacles or other vehicles, or to read traffic signs.

48 (2) Communications efficiency. To promote the efficient transfer of information in sign messages by providing that: (a) (b) (c) (d) Businesses and services may identify themselves; Customers and other persons may locate a business or service; No person or group is arbitrarily denied the use of the sight lines from the public rightof-way for communication purposes; Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore said messages, according to the observer s purpose. (3) Landscape quality and preservation. To protect the public welfare and to enhance the appearance and economic value of the landscape by providing that signs: (a) (b) (c) (d) (e) Do not interfere with scenic views; Do not create a nuisance to persons using the public rights-of-way; Do not constitute a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height or movement; Are not detrimental to land or property values; and Contribute to the special character of particular areas or districts within the City, helping the observer to understand the City and orient oneself within it. (Ordinance 4416, sec. 1, adopted 4/17/90) Sec Definitions For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section. Terms not defined herein shall have the meaning assigned to them in the Building Code. Terms not defined herein or in the Building Code shall have the meaning customarily assigned to them by the dictionary. Activity means any person, business, organization or other entity. Awning means a roof-like structure, temporary in nature, which is not an integral structural part of and is accessory to the building which it serves and is retractable, collapsible or capable of being folded. Building means a structure which has a roof supported by walls for the shelter, support or enclosure of persons, animals or chattel. Canopy means a projecting roof-like covering which is a permanent and integral part of the building s structure.

49 Character means any letter of the alphabet or any numeral. City means the City of Garland, Texas. Commission means the Plan Commission of the City. Expressway means any public right-of-way designated as an expressway or freeway by the ordinances or resolutions of the City, as amended. Facade means any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in the directions within forty-five (45) degrees of one another, they are to be considered as part of a single facade. Height, as applied to a sign, shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and the average grade within 5 feet of any part of the sign. Intersection means the junctions of the centerlines of any two (2) public rights-of-way, other than alleyways, crossing at grade, or, where the crossing is separated at grade, the intersection shall be the point at which expressway travel pavements converge or diverge, or the point at which any expressway interchange ramp intersects the expressway travel pavement. Luminance means the brightness of a sign or a portion thereof expressed in terms of footcandles. For the purpose of this article, luminance shall be determined by the use of an exposure meter calibrated to standards established by the National Bureau of Standards and equipped with a footcandles scale. Occupancy is the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. Parapet is a low wall or railing which protects the edge of a roof, porch or terrace. Roofline means the ridge line or the highest portion which is the highest part of a roof. Setback means the required distance between any point on private land and the nearest point at the edge of the nearest public right-of-way, other than an alley. Where a public way crosses a railroad right-of-way, the setback distance is to be measured from the public right-of-way line extended across the railroad right-of-way. Sign means any device, flag, light, figure, mural, painting, picture, letter, word, message, symbol, plaque or poster visible from outside the site on which it is located and designed to inform or attract the attention of persons not on that premises, excluding those lights and landscape features which display no words or symbols, and temporary holiday decorations. Sign area, for freestanding signs, means the area enclosed by the minimum imaginary rectangle of vertical and horizontal lines which fully contains all extremities of the sign, exclusive of its supports. This rectangle is to be calculated from an orthographic projection of the sign viewed horizontally. A viewpoint for this projection is to be taken which gives the largest rectangle of that kind, as the viewpoint is rotated

50 horizontally around the sign. If elements of the sign are movable or flexible, such as a flag or string of lights, the measurement shall be taken when the elements are fully extended and parallel to the plane of view. The sign area for attached signs shall mean the sum of the areas of the minimum imaginary rectangles enclosing each word attached to any particular facade. This definition shall also apply to signs which are composed solely of words which identify a premises and which are attached to freestanding walls not over six (6) feet in height. Sign, attached means any sign attached to, applied on, or supported by any part of a building (including canopy facia, walls and awnings) which encloses or covers usable space. Sign band means an architectural element expressly designed to accommodate attached signs on a building. Sign copy. See definition of sign. Sign, directional means an off-premises sign the content of which is limited exclusively to the identification of a specific site, activity or occupancy located elsewhere, and which tells the location of or route to that site, activity or occupancy. Sign, freestanding means any detached sign connected to the ground which is not an attached, portable or vehicular sign. Sign, homebuilder/real estate directional means a directional sign involving real estate which is for sale or lease, open for exhibit, or under development. Sign, illegal means any sign that was erected in violation of any sign regulation applicable at the time of erection of such sign. Any sign which does not comply with the provisions of this article, or which is not deemed as a nonconforming sign by the Building Official shall be considered an illegal sign. Sign, illuminated means any sign which is directly lighted by any electrical light source, internal or external. This definition shall not include signs which are illuminated by street lights or other light sources owned by any public agency or light sources which are specifically operated for the purpose of lighting the area in which the sign is located rather than the sign itself. Sign, marquee means any sign which has interchangeable letters (plastic, metal, magnetic, etc.) and these individual letters are changed manually. Sign, movement control means a sign which directs vehicular or pedestrian movement within or onto the premises on which the movement control sign is located. Sign, nonconforming means any sign erected legally and in compliance with all sign regulations applicable at the time of erection, but which does not comply with the provisions of this article. It shall be the burden of the owner of a nonconforming sign to prove that the sign was erected legally and in compliance with all sign regulations applicable at the time of its erection. Sign, off-premises means any sign which is not an on-premises sign. Sign, on-premises means any sign the content of which relates to the site on which it is located, referring exclusively to the name, location, products, persons, accommodations, services or activities of or on those sites, or the sale, lease or construction of those sites.

51 Sign, political means any type of nonpremises sign which refers only to the issues or candidates involved in a political election. Sign, portable means a sign which is easily moved from one location to another, including signs which are mounted on skids, trailers, wheels, legs or stakes and which are not fixed permanently to the ground, and which is not an attached sign, political sign, vehicular sign or a sign which refers solely to the sale or lease of the premises. Sign, projecting means any attached sign, other than an awning or canopy, which projects perpendicular from a building and which has one (1) end attached to the building. Sign, protective means any sign which is commonly associated with safeguarding the permitted uses of the occupancy, including, but not limited to, Bad Dog, No Trespassing, and No Solicitors. Sign, special purposes means a sign temporarily supplementing the permanent signs on a site. Sign, vehicular means any sign on a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site of permanent erection. Site means a building which houses a single activity and the contiguous grounds and parking areas which exclusively service that building or any number of activities housed by a single building or multiple buildings which share common egress or ingress from a public street or right-of-way as established under section Street means a public right-of-way utilized by the public and shall include such terms as avenue, drive, circle, road, boulevard, highway, but shall not include alleys. Thoroughfare means any public right-of-way which is eighty (80) feet in width or greater designated as a thoroughfare by the City by ordinance or resolution. Wind device means any flag, banner, pennant, streamer or similar device that moves freely in the wind. All wind devices are considered to be signs, and are regulated and classified as attached or detached by the same rules as other signs. Word. For the purpose of this article, one word shall be deemed to be any of the following: (1) Any word in any language found in any standard unabridged dictionary or dictionary of slang. (2) Any proper noun or any initial. (3) Any separate symbol or abbreviation, such as &, $, %, and Inc. (4) Any telephone number, street number or commonly used combination of numerals and/or symbols such as $5.00 or 50%. (5) Any symbol or logo which is a registered trademark, but which itself contains no word or

52 character. (6) Otherwise, each separate character is considered to be a word. Zoning district, business means any zoning district designated other than residential zoning by the comprehensive zoning ordinance of the City, as amended. Zoning district, residential means any zoning district designated as a residential district in the comprehensive zoning ordinance as amended. (Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97) Sec General provisions (A) The provisions of sections through shall apply to all signs in the City, without regard to zoning. (B) All signs erected or maintained pursuant to the provisions of this article shall be erected and maintained in compliance with all applicable state laws and with the Building Code, Electrical Code and other applicable ordinances of the City. In the event of conflict between this article and other laws, the most restrictive standard applies. (C) No sign shall be erected, maintained, placed or otherwise situated in such a manner so as to obstruct or interfere with the minimum sight line standards as provided in chapter 33, transportation of this Code. (Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97) Sec Imitation of traffic and emergency signs prohibited No person shall cause to be erected or maintained any sign using any combination of forms, words, colors or lights which imitate standard public traffic regulatory, emergency signs or signals. Sec Roof signs (A) (B) No sign shall project above the roofline or be attached to a roof of a building. Exceptions: (1) Signs may be placed on the first 30" above the roof on a parapet or similar projection which is continuous on two or more sides of the structure. (2) Signs may be placed a maximum of 10 feet above the roof on a parapet or similar projection which is continuous on three or more sides. (3) Signs shall not project above any portion of a parapet or similar projection. (Ordinance 4416, sec. 1, adopted 4/17/90) Sec Signs in rights-of-way prohibited

53 (A) Except as specifically authorized in this article, no sign shall be erected or affixed within or project over any public right-of-way or across the public right-of-way line extended across a railroad right-ofway. This section shall not be construed so as to prohibit the carrying or displaying of signs by any person so long as such sign is not connected or affixed to the real property comprising the public right-of-way, its fixtures and appurtenances. Homeowners association and crime watch meeting and alert signs and structures in the central area zoning districts may have signs projecting over the public right-of-way. (See section and ) (B) Signs not exceeding eight (8) square feet in area nor five (5) feet in height pertaining to a garage sale located upon a residential lot may be erected off-premises on private residential property, provided the approval of the owner of such off-premises location shall first be obtained. Such signs shall be prohibited within or projecting over any public right-of-way. (Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97) Sec Signs on public property Except as specifically authorized in this article, no person shall attach any sign, paper, or other material or paint, stencil, or write any name, number or otherwise mark any sidewalk, curb, gutter, street, tree, utility pole, traffic sign, traffic light standard, public building, public fence, or public structure. This section shall not prohibit the posting of governmental signs or the painting or attaching of street address numbers to curbs. Sec Floating sign prohibited Signs consisting of lighter-than-air or floating devices are prohibited. (Ordinance 4416, sec. 1, adopted 4/17/90) Sec Portable signs prohibited (A) Portable signs, as is defined in section 30.86, are prohibited, except as provided in subsection (B). (B) Portable A-frame or sandwich board signs may be located within the Central Area 1 Zoning District, provided: (1) Such signs shall not exceed four (4) feet in height nor eight (8) square feet in area per side, with a maximum of two (2) sides per sign; (2) A minimum sidewalk width of four (4) feet shall be maintained free from obstructions; (3) Such signs may be located in or project over public right-of-way, but shall not be located closer than one (1) foot from the adjacent street curb; (4) Such signs shall be limited to one (1) per occupancy and shall only be displayed during business hours; and (5) Such signs shall not be illuminated.

54 (Ordinance 5045, sec. 1, adopted 2/4/97) Sec Special purpose signs (A) Special purpose political signs regarding an issue or candidate in an election may be erected on private property without limit as to number; provided, that such signs comply with other applicable requirements of this article; and provided further, that the owner or occupant of the property on which sign is displayed: (1) Shall not erect or cause to be erected special purpose political signs until forty-five (45) days prior to any primary, general, special or local election; (2) Shall remove the signs within ten (10) days after the general, runoff, special, or local election to which a sign pertains or after the termination of a candidacy, whichever occurs first. (B) Flags, emblems and insignia of a governmental entity are allowed. (C) Special purpose, temporary construction signs denoting the architect, engineer, contractor, subcontractor or financier and temporary signs denoting the future location of a particular business, retail center or institution are allowed one such construction sign and one such future location sign per street adjacent to the construction site or future location site. No such sign shall exceed thirty-two (32) square feet in area nor extend higher than fifteen (15) feet as measured from ground level; provided, that such signs are located on the premises where construction or location being advertised is or will be occurring. Such signs shall be removed upon issuance of a certificate of occupancy. (D) Special purpose freestanding signs for the purpose of identifying the location of or direction to subdivisions or major home builder sites are allowed. Such signs shall be on-premises and shall not exceed one hundred (100) square feet in area, nor extend more than fifteen (15) feet in height, or when located adjacent to a screening wall shall not extend more than twenty (20) feet in height. A home builder with twenty-five (25) lots or more qualifies as a major home builder. One such sign may be allowed for subdivisions, major home builders, sites or developments of thirty (30) acres, or less. One additional sign shall be allowed for each additional thirty (30) acres. Permits for such signs may be granted for a maximum period of six-month intervals, with such signs being removed upon ninety (90) percent completion of the project. No such sign shall be located closer than one hundred (100) feet to a residential dwelling not within the subdivision. (E) Off-premises, special purpose freestanding directional signs for the purpose of identifying the location of or direction to a subdivision within a residential zoning district are allowed under the following conditions: (1) Such signs shall not advertise any site located outside the City limits; (2) Such signs shall be located within a one (1) mile radius of the subdivision to which it pertains and shall not be located closer than one hundred (100) feet to a residential dwelling; (3) Such signs shall not exceed one hundred (100) square feet in area, nor extend more than fifteen (15) feet in height; (4) The maximum number of such signs shall not exceed one (1) sign per fifty (50) lots, or fraction thereof, nor a maximum of two (2) signs per subdivision;

55 (5) No such off-premises, special purpose freestanding directional sign shall be erected closer than one hundred (100) feet from any other off-premises sign on the same side of the thoroughfare; (6) Permits for such signs may be granted for maximum intervals of twelve (12) months each with such signs being removed when ninety (90) percent of the lots within the subdivision have been developed. (F) Wind devices, heavier-than-air inflatable, and similar special purpose signs promoting a singlefamily subdivision or multifamily complex shall be allowed a maximum single use period not to exceed sixty (60) days, with a minimum period between permits of sixty (60) days and a maximum number of three (3) permits per year for a given subdivision or complex. (G) (1) Wind devices, heavier-than-air inflatables, and similar special purpose signs, other than temporary banner signs, promoting a retail or commercial establishment or center shall be allowed a maximum single use period not to exceed sixty (60) days with a minimum period between permits of sixty (60) days and a maximum number of three (3) permits per year for a given establishment or center. (2) Temporary banner signs shall be allowed under the following conditions: (a) (b) (c) (d) (e) Temporary banner signs may have a maximum sign area equal to the square footage of two times the width of the main entrance (front wall) of the building or tenant space occupied by the applicant who intends to display the temporary banner sign, but in no case shall the sign area exceed eighty (80) square feet; The allowed time period for any individual permit for a temporary banner sign shall not exceed sixty (60) days; The total number of days for which any business at a single location may have a permit or permits for temporary banner sign(s) shall not exceed one hundred and fifty-six (156) days within a twelve-month period; Permits may run consecutively; there is no interval between permits required; Before any permit is issued, a fee of one hundred dollars ($100.00) must be paid. (H) Signs that advertise sales, specials, grand openings, or other goods or services available within an establishment may be placed in windows using water soluble paint, appliques or other temporary and removable means provided that no such window sign may: (1) Be located on the window surface in any manner that obscures more than twenty-five percent (25%) of the visible window area available in the absence of any signs; and (2) Remain in place more than 60 days in any six-month period. (Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97; Ordinance 5858, sec. 1, adopted 11/2/04; Ordinance 6342, sec. 1, adopted 8/18/09)

56 Sec Movement control signs Movement control signs may be erected at any activity or on any site, other than a single-family or duplex premises; may be attached or freestanding; and may be erected without limit as to number; provided, that such signs shall comply with other applicable requirements of this article; and: (1) Freestanding movement control signs shall not exceed six (6) square feet in effective area and shall not exceed three (3) feet in height. (2) If a movement control sign is an attached sign, the letters shall not exceed four (4) inches in height and the sign area shall not exceed six (6) square feet. (3) The signs must contain no advertising or identification message. (Ordinance 4416, sec. 1, adopted 4/17/90) Sec Protective signs A site may contain not more than two (2) protective signs and one (1) additional protective sign per site for every 450 linear feet abutting a public street, in accordance with the following provisions: (1) Each sign shall not exceed one hundred (100) square inches in area; (2) Freestanding signs shall not exceed two (2) feet in height; (3) Letters shall not exceed four (4) inches in height. (Ordinance 4416, sec. 1, adopted 4/17/90) Sec Sale or lease signs A site may contain on-premises attached or freestanding signs for the purpose of advertising the sale or lease of the real property on which such sign is located, subject to the following provisions: (1) Signs advertising the sale or lease of residential property shall not exceed eight (8) square feet in area nor five (5) feet in height. The number of such signs shall be limited to one (1) per lot or complex where such lot or complex abuts one (1) street; one (1) additional sign shall be allowed for each additional street. (2) Signs advertising the sale or lease of a business property shall not exceed sixteen (16) square feet in area or eight (8) feet in height. (Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97) Sec Homebuilder/real estate directional signs A person may erect and display homebuilder/real estate directional signs on public property, subject to the following provisions:

57 (1) Signs may be displayed between the hours of noon Friday and noon of the next following Monday. On weekends when Friday of such weekend is a legal holiday, signs may be displayed between the hours of noon Thursday and noon of the next following Monday. On weekends when the next following Monday is a legal holiday, signs may be displayed between the hours of noon Friday and noon of the next following Tuesday. However, no person may erect signs between the hours of 4:00 p.m. and 6:00 p.m. (2) Signs shall not exceed five (5) square feet in area. Except as provided herein, no sign shall exceed thirty-six (36) inches in height as measured from ground level. (3) Signs shall not be placed within any median, nor closer than three (3) feet to the curb or edge of the street pavement. Signs shall be spaced a minimum of fifteen (15) feet from any adjacent real estate directional sign. (4) Signs of any real estate owner or broker less than one (1) mile from the site advertised shall not be less than 500 feet apart and signs more than a mile from the site advertised shall not be less than 1,500 feet apart. No sign shall be more than three (3) miles from the site advertised. (5) A homebuilder/real estate directional sign shall not advertise any site located outside the City limits. (6) Signs shall not be placed so as to obstruct the vision of passing motorists, nor placed in medians. (7) Dented, faded or unmaintained signs are prohibited. (8) Signs shall not be artificially illuminated. (9) If a person placing or removing signs stops a vehicle on a street, in other than a legal parking space, he shall use and display emergency flashing or revolving lights, in addition to normal vehicle emergency flashing lights. (10) Signs erected or displayed contrary to the provisions of this section may be removed by agents and employees of the City, and either stored or destroyed, without liability to the City or its agents or employees. The owner of any sign confiscated by the City may claim the sign, if it remains in the custody of the City, upon the payment to the City of an administrative fee of five dollars ($5.00) per sign. The payment of the administrative fee does not work as a defense of any sort to a prosecution under this section. (Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97) Sec Vehicular signs Vehicular signs are allowed provided: (1) No vehicular sign shall remain within twenty (20) feet from a street right-of-way (R.O.W.) on a site on which the business is located other than during actual use of the vehicle to which the vehicular sign is attached for transportation purposes.

58 (2) A vehicular sign shall be incidental to the bona fide use, for transportation purposes, of the vehicle to which the vehicular sign is attached. If a vehicle displaying a vehicular sign is not in bona fide use for transportation purposes, the vehicle shall be deemed to be a freestanding sign and subject to all provisions of this article pertaining to freestanding signs. It shall be a rebuttable presumption that a vehicle displaying a vehicular sign is not in bona fide use for transportation if the vehicle is stopped, parked, or allowed to remain at the same location within the site for any period exceeding twenty-four (24) hours or contains arrows or any directional information relating to the business. (Ordinance 4416, sec. 1, adopted 4/17/90) Sec Government signs Nothing in this article shall be construed to prevent or affect the display of a national or state flag, or to limit flags, insignia, legal notices or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies. Nothing in this article shall be construed as affecting or limiting the City from displaying signs upon City rights-of-way and City property. (Ordinance 4779, sec. 2, adopted 6/7/94) Sec Creation of site The Building Official shall not issue a permit for construction, erection, placement, or maintenance of a sign until a site is established for the sign. Sec Presumption It shall be a rebuttable presumption that a sign was erected, placed, displayed or maintained by the person identified on the sign by name, address, telephone number, or other identifying characteristics, or to whose benefit the sign directly contributes. Sec Provisions for business zoning districts (A) The provisions of section through apply to all signs in business zoning districts unless the sign is within twenty-five (25) feet of either a residential zoning district boundary or a public park of more than one acre. (B) Signs within twenty-five (25) feet of either a residential zoning district boundary or a public park of more than one acre shall be governed by the provisions of sections through of this article. (Ordinance 4416, sec. 1, adopted 4/17/90) Sec General provisions applicable to signs in business zoning districts (A) In business zoning districts, no illuminated sign which has a sign area of one hundred fifty (150) square feet or less shall have a luminance greater than three hundred (300) footcandles, nor shall any such sign have a luminance greater than three hundred (300) footcandles for any portion of the sign within a circle two (2) feet in diameter. No illuminated sign which has a sign area greater than one hundred fifty (150) square feet shall have a luminance greater than two hundred (200) footcandles, nor shall any such

59 sign have a luminance greater than two hundred (200) footcandles for any portion of the sign within a circle of two (2) feet in diameter. The restrictions of luminance in this section shall be determined from any other premises or from any public right-of-way other than an alley. (B) No sign or part of any sign shall flash, change its illumination or copy, rotate, move or create an illusion of movement, except that: (1) Time and temperature informational signs which are oriented to be read from public ways may be allowed; provided, that no change of message occurs more than once each three (3) seconds or less than once each five (5) seconds. (2) Reader boards which are oriented to be read exclusively within the site and which are not imminently visible from a public way are allowed. (3) Marquee signs which meet all the requirements of either the attached or freestanding sign provisions are allowed. (Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97) Sec Freestanding signs Freestanding signs are permitted in business zoning districts as follows: (1) Number of freestanding sign. (a) Only one freestanding sign of any type may be erected on any site, except that: (i) (ii) A site which has more than three hundred (300) feet along a single thoroughfare may have one (1) additional freestanding sign. Freestanding signs shall be allowed on each thoroughfare frontage of a site. (iii) No more than two (2) freestanding signs shall be allowed per thoroughfare. (iv) (v) (vi) In no case shall a site possess more than four (4) freestanding signs, except as provided for in sections 30-94, 30-95, 30-96, and Fast food and drive-through restaurants may have additional sign(s) not exceeding eight (8) feet in height nor fifty-five (55) square feet in area and, if freestanding, located no further than fifteen (15) feet from the building housing that activity. Signs not exceeding sixteen (16) square feet and not exceeding six (6) feet in height are allowed for an activity providing engine fuel sales which advertise prices of fuel on premises. No activity shall have more than one such sign per street front. In no case shall such sign be freestanding, except that where a freestanding pole sign exists and is allowed, such sign may be attached to the pole sign support in addition to the sign thereon supported. In no case shall a sign so supported have a distance of less than twelve (12) feet from the ground below

60 as measured from the bottom of the fuel sign to the nearest grade. (2) Setback. (a) (b) (c) (d) Freestanding signs of a sign area of fifty (50) square feet or less may be located as near as five (5) feet to the public right-of-way or at the building line if this requires a lesser setback; provided, that said sign does not exceed twenty (20) feet in height. A freestanding sign with a sign area of eighty (80) square feet or less may be located as near as fifteen (15) feet to the right-of-way; provided, that said sign does not exceed thirty (30) feet in height. A freestanding sign with a sign area of one hundred fifty (150) square feet or less may be located as near as twenty-five (25) feet to the right-of-way or as near as the building setback line specified by the other provisions of this article, whichever is further; provided, that it does not exceed a height of thirty-five (35) feet. No part of a freestanding sign shall be closer than twenty-five (25) feet measured radially to another freestanding sign on an adjacent sign site, nor shall any part of a freestanding sign on the same site be closer than one hundred (100) feet radially to another freestanding sign on that same sign site. (3) Size and height. (a) (b) (c) (d) No freestanding sign shall exceed one hundred fifty (150) square feet in sign area or thirty-five (35) feet in height except as herein provided. Where a freestanding sign is totally within one hundred (100) feet of an expressway right-of-way and is oriented to be visible from that expressway, then the following exceptions apply: The height of such signs set back a minimum of forty (40) feet may be a total of thirty-five (35) feet or thirty (30) feet above the nearest lane of travel of the expressway, whichever is higher. Freestanding signs may incorporate embellishments or cut-outs; provided, that they shall not exceed twenty (20) percent of the area of the sign face and that they shall not extend beyond the sign face a distance exceeding eighteen (18) inches as measured horizontally. Any freestanding sign located in such a manner as to allow, or is likely to allow, the passage of vehicular traffic beneath shall have a minimum distance of fourteen (14) feet as measured from the bottom of the sign to the ground immediately below. (4) Off-premises signs. Off-premises signs, as defined in section of this article, are prohibited. (Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97) Sec Attached signs

61 Attached signs are permitted in business districts in accordance with the following provisions: (1) Sign area. (a) The sign area of an attached sign shall have a maximum square footage of two (2) times the width of the occupant space as measured along main entrance or frontage. (b) The sign area for attached signs on multistory buildings shall be two times the width of the main building frontage. The sign area for attached signs on tenant spaces within a multistory building which has a public entrance shall be allowed per the attached sign requirements in subsection (1). (2) Location and height. (a) (b) (c) Where an activity is located on the first story of a multistory building, an attached sign may not project above the floor level of the second story. Where an activity is located above the first story of a multistory building, an attached sign may not project above the floor immediately above. No attached sign shall project a distance greater than eighteen (18) inches from the architectural element to which it is affixed. Exception: Projection signs shall be permitted within the Central Area 1 Zoning District provided: (i) (ii) Such signs shall be permitted to extend over public property provided such signs do not extend closer than two (2) feet from the adjacent street curb; Such signs shall not exceed twelve (12) square feet in area with no dimensions exceeding six (6) feet; (iii) Vertical clearance below such signs shall not be less than eight (8) feet above any walking surface below and shall not be located over any vehicle traffic areas; and (iv) Not more than one such sign shall be allowed per occupancy. (d) (e) Where an attached sign is placed in such a manner as to project a distance greater than two (2) inches into a private driveway or other private area likely to be used by vehicular traffic or where the sign is placed in such a manner as to allow the passage of vehicular traffic beneath it, the sign shall have a minimum distance of fourteen (14) feet measured from the bottom of the sign to the ground immediately below. Where an attached sign is placed in such a manner as to project a distance greater than two (2) inches into a pedestrian walkway or other area likely to be used by pedestrian traffic or where the sign is placed in such a manner as to allow the passage of pedestrian traffic beneath it, the sign shall have a minimum distance of eight (8) feet; as measured from the bottom of the sign to the ground immediately below.

62 (Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97) Sec Provisions for residential zoning districts The provisions of sections through apply to all signs in any residential district, within twenty-five (25) feet of a residential district boundary, within twenty-five (25) feet of a public park of more than one acre, or where a multifamily residential use occurs within a business zoning district. (Ordinance 4416, sec. 1, adopted 4/17/90) Sec General provisions applicable to signs in residential zoning districts (A) No portion of an illuminated sign shall have a luminance greater than two hundred (200) footcandles. (B) No sign nor part of any sign in a residential zoning district shall move, flash, rotate or change its illumination or copy. Marquee signs which meet all the requirements of either the attached or freestanding sign provision are allowed. (C) An occupant in residential zoning districts may erect only special purpose signs and special purpose political signs, and premises signs, which include movement control signs and protective signs. Temporary holiday decorations are permitted. (D) The Plan Commission may permit the erection of signs on any legally erected structure in any single-family, duplex, and quadraplex residential subdivisions. Such signs are exempt from compliance with the provisions of section of this article. The maximum sign area of such signs shall not exceed forty (40) square feet each per section The maximum number of signs permitted for each subdivision shall be two (2) signs per street entrance into the platted subdivision area. The sign height, maximum sign area, location on the site, words, setbacks, a graphic presentation of the sign, and number of signs per subdivision shall be prominently indicated on the plans submitted to the Plan Commission. Exception: Building inspection may issue permits on subdivision signs according to the above-mentioned criteria and the following: (1) The signs are attached to screening walls which are not in the right-of-way (R.O.W.). (2) The signs are not illuminated. (E) Homeowners association and crime watch meeting and alert signs not exceeding two and one-half (2 1/2) feet in height nor two (2) square feet in area may be placed on public property at the entrances of the homeowners association and crime watch areas on the day of the meeting or alert and must be removed the following day by 12:00 p.m. (Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97) Sec Freestanding signs Multifamily and nonresidential sites in residential zones may have freestanding signs subject to the following restrictions:

63 (1) Number of signs. Each site may have a freestanding sign for each five hundred (500) feet of frontage along a street, other than an alley. In no case shall such site have more than two (2) freestanding signs. (2) Setback, sign area and height. A minimum setback of five (5) feet is required of all freestanding signs. A minimum setback of ten (10) feet from the public right-of-way is required for signs exceeding ten (10) square feet in sign area or fifteen (15) feet in height. A minimum setback of twenty (20) feet is required for all signs exceeding twenty (20) square feet in sign area or twenty (20) feet in height. No freestanding sign shall exceed fifty (50) square feet in sign area or twenty-five (25) feet in height. (Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97) Sec Attached signs Attached signs are permitted for multifamily premises and nonresidential uses in residential zoning districts and are subject to the provisions of section except that an attached sign shall have a maximum sign area of one-half times the width of the building with a maximum of one hundred sixty (160) square feet. (Ordinance 4416, sec. 1, adopted 4/17/90) Sec Powers and duties of the Building Official (A) Generally. The Building Official is hereby authorized and directed to enforce all the provisions of this Code. (B) Right of entry. (1) Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this Code; provided, that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry. (2) When the Building Official or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to this article. (C) Stop orders. Whenever any work is being done contrary to the provisions of this article, the Building Official may order the work stopped by notice in writing served on any person engaged in the doing or causing of such work to be done, and any such person shall forthwith stop such work until

64 authorized by the Building Official to proceed with the work. (Ordinance 4416, sec. 1, adopted 4/17/90) Sec Permits, applications, fees (A) Permits. No person, firm or corporation shall erect, construct, alter, rebuild, enlarge, extend, convert, maintain, replace, relocate, remove or demolish a sign or alter or change words or rearrange neon tubing on a sign or cause the same to be done without first obtaining a separate sign permit for each sign. (B) The following type of signs are exempted from permitting: (1) The changing of words on a sign that is designed with interchangeable words. (2) Normal maintenance to replace worn parts and repainting deteriorated paint without word change. (3) Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials. (4) Government signs such as flags, insignia, legal notices or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies. (5) Special purpose political signs subject to the provisions of section (6) Nonilluminated temporary construction signs subject to the provisions of section (7) Signs painted directly on internal or external window surfaces subject to the provisions of section (8) Nonilluminated movement control signs not exceeding six (6) square feet in effective area; nor three (3) feet in height subject to the provisions of section (9) Nonilluminated freestanding protective signs not exceeding one hundred (100) square inches in effective area; nor two (2) feet in height subject to the provisions of section (10) Nonilluminated on-premises signs advertising the sale or lease of a nonbusiness property not exceeding eight (8) square feet in effective area nor five (5) feet in height subject to the provisions of section (11) Nonilluminated, on-premises, freestanding signs advertising the sale or lease of a business property subject to the provisions of section (12) Homeowners association and crime watch meeting and alert signs. (13) Garage sale signs. (14) Homebuilder/real estate directional signs.

65 (C) Other required permits. Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items. (D) Application. To obtain a permit, the applicant shall file an application in writing on a form furnished for that purpose. Every such application shall: (1) Identify and describe the work to be covered by the permit for which application is made. (2) Describe the land on which the proposed work is to be done by zoning, lot, block, tract, subdivision, and street address, or similar description that will readily identify and definitely locate the proposed work. (3) Be accompanied by a notarized authorization from the owner of the property when required by the Building Official. (4) Be accompanied by plans and specifications as required in this Code and all applicable laws and ordinances. (5) State the valuation of the proposed work. (6) Be signed by the applicant, or an authorized agent who may be required to submit evidence to indicate such authority. (7) Give such other information as reasonably may be required. (E) Plans and specifications. With each application for a permit, not less than two (2) sets of plans and specifications shall be submitted and all drawings, specifications and accompanying data shall bear the name and address of the designer. The structural design of freestanding signs in excess of eight (8) feet in height shall be prepared and designed by an engineer licensed by the state. The plans and specifications for attached signs shall be prepared by a engineer licensed in the state as required by the International Building Code, as adopted by the City. (F) Fees. The fee for such permit shall be as prescribed by the fee schedule located in article XV of chapter 30 of this Code. (G) Expiration. Every permit issued under the provisions of this Code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within sixty (60) days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of more than one hundred twenty (120) days. Before such work can be recommenced, a new permit shall be first obtained. (H) Suspension or revocation. The Building Official may, in writing, suspend or revoke a permit issued under provisions of this Code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any law or ordinance. (I) Refunds. There shall be no refunds of sign permit fees paid under the terms of this Code, except for the following:

66 (1) When it is determined that a sign permit was issued due to an error, a full refund may be authorized by the Building Official. (2) When it is determined that a sign permit cannot be legally issued, any permit fee received may be returned. (J) Inspections. All signs for which a permit is required shall be subject to inspection by the Building Official. (1) Pre-inspection. The Building Official, upon receipt of an application for permit for a sign, may make a pre-inspection. The application, plans and specifications, and other data, filed by an applicant for permit shall be reviewed by the Building Official. Such plans may be reviewed by other departments to verify compliance with any applicable laws under their jurisdiction. If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this article and other pertinent laws and ordinances, and that the fees specified in subsection (F) herein have been paid, he shall issue a permit therefor to the applicant. (2) Final inspection. The Building Official, upon the call of the permit holder, shall make a final inspection after the work is completed. All requests for final inspection shall be made at least twenty-four (24) hours before the inspection is desired. (3) Responsibility of contractor. It shall be the responsibility of the contractor to ensure that each necessary inspection is requested from the Building Official and to ensure that subsequent stages of construction are not started until said inspection has been conducted and approved. This also includes all subcontractor types of inspections such as electrical, mechanical, plumbing, etc. If it is found, upon inspection by the City, that a contractor has completed a sign without having obtained the necessary inspections and approvals, future permits shall be denied to that contractor pending completion and approval of said inspections. (K) The provisions of section through apply to all signs in business zoning districts unless the sign is within twenty-five (25) feet of either a nonbusiness zoning district boundary or a public park of more than one acre. (L) Signs within twenty-five (25) feet of either a nonbusiness zoning district boundary or a public park of more than one acre shall be governed by the provisions of sections through of this article. (M) Sign contractor registration. Any person installing a sign that requires a permit in the City must register with the Building Inspection Department as a sign contractor. To register with the City as a contractor, application shall be made in the method required for that purpose by the Building Official. The application shall include the contractor s name, local address and telephone number, a copy of the applicant s driver s license, and such other information as may reasonably be required to properly identify the contractor. Such application shall be accompanied by the fee prescribed in the fee schedule located in article XV of chapter 30 of this Code. (Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 4619, sec. 13, adopted 8/25/92; Ordinance 5045, sec. 1, adopted 2/4/97; Ordinance 5628, sec. 12, adopted 2/19/02; Ordinance 5977, sec. 7, adopted 3/7/06; Ordinance 6260, sec. 11, adopted 9/2/08)

67 Sec Design (A) Construction. All signs and their supports shall be built, constructed and erected in conformance with the requirements of all laws and ordinances. (B) Structural. Signs shall comply with the design standards of the International Building Code as adopted by the City. (C) Electrical. Signs in which electrical wiring and connections are used shall comply with the requirements of the Electrical Code of the City. (D) Plumbing and mechanical. Signs in which plumbing or mechanical devices are used shall comply with the requirements of the Plumbing and Mechanical Codes of the City. (E) Materials. The type of materials used in the construction, wiring, plumbing or mechanical portion of the sign shall conform to the structural codes of the City (Building, Electrical, Mechanical and Plumbing Codes). (F) Protection. Electrical devices within reach of persons on public property shall be protected by wire glass, safety glass, locked box of metal or wood, or other approved methods. No sign shall be erected nearer than two (2) feet from any telephone cable, electrical street light standard, electrical power poles, or electrical power distribution lines when voltage between conductors is less than three hundred (300) volts. If the voltage between conductors is three hundred (300) volts or greater, clearances shall be maintained as follows: Voltage of Conductors Horizontal Clearance in Feet Vertical Clearance in Feet 300 to 8, ,700 to 15, ,000 to 50, , plus 9.5 inch per kv in excess 10 per 0.5 inch per kv in excess Note: For spans greater than one hundred fifty (150) feet, refer to the National Electrical Safety Code. (G) Clearance from fire escapes, exits, or standpipes. No sign or its supports shall be erected in such a manner which will interfere in any way with the use of any fire escape, exit or standpipe. No sign or its supports shall be attached to a standpipe or fire escape. (H) Obstruction of openings in buildings. No sign or its supports shall obstruct any required openings to such an extent that light or ventilation is reduced below that required. (I) Weatherproofing. All signs shall be constructed so as to prevent the accumulation of water.

68 (J) Conflict. In the event of a conflict between any applicable ordinance of the City, then the most restrictive code requirements shall apply. (K) Materials. All freestanding signs shall be constructed of materials that are noncombustible or slow burning (as in the case of plastic insert of facings) and shall be supported by noncombustible material only and finished in a presentable manner. Untreated wood or unpainted or nongalvanized steel supports are specifically prohibited. (Ordinance 5045, sec. 1, adopted 2/4/97; Ordinance 5628, sec. 12, adopted 2/19/02) Sec Existing signs (A) Maintenance of signs. Except as provided in subsections (B) and (C) of this section, any sign or portion of a sign or sign support determined by the City to be unsafe or unsecured, a menace to the public, becomes dangerous to life, limb or property, or an obstruction to the use of any sidewalk or roadway, or interferes with the operation of the Fire Department, or in such dilapidated condition as to be unsightly and, therefore, prejudicial to the public welfare shall be repaired, maintained, or removed. (B) Nonconforming signs. Except as provided in this subsection, any sign which is designated by the Building Official a nonconforming sign, as defined, shall be permitted to be continued as a nonconforming sign unless such sign is made a conforming sign. Any nonconforming sign which is destroyed, deteriorated, or dilapidated to such extent that the cost of repairing the sign to a condition acceptable by the Building Official is more than sixty percent (60%) of the cost of erecting a new sign of the same type at the same location shall be removed. (C) Illegal signs. Illegal signs shall be immediately removed upon written notice by the Building Official. (D) Time limitations. Except as provided in subsection (C) above, any sign which is required by this section to be removed, relocated, or repaired shall be removed, relocated or repaired at the expense of the owner, within ten (10) days of a notice given by the Building Official. Any such sign not removed, relocated, or repaired, within this time limit may be removed by the Building Official at the expense of the owner of such sign. (Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97) Sec Variance procedure/plan Commission (A) The Plan Commission created by section 1 of article XI of the Charter, may, for a particular site, authorize variances and exceptions with respect to the provisions of this article. (B) The Plan Commission shall recommend to the City Council legislation for amendments to this Code in keeping with technological progress with respect to public health, safety and welfare. The Plan Commission may, in specific cases and subject to appropriate conditions, authorize variances and exceptions to the regulations established in this article when the commission has made a finding from the evidence presented that strict compliance with the requirement of this article will result in a hardship or inequity to the applicant in accomplishing the objectives of this article, provided that economic or selfcreated hardship alone shall not be a sufficient basis for the granting of a variance or exception.

69 (C) The Plan Commission may hear and decide appeals which allege error in any order, requirement, decision or determination made by the Building Official in the enforcement of this article. A 3/4 vote of the members present is necessary to overrule a decision of the Building Official. (D) The Plan Commission may require a nonconforming sign to be brought into immediate conformity with all current standards of all ordinances of the City or to be removed when, from the evidence presented, the commission finds the sign to be hazardous to the public or to have been abandoned by its owners. (E) An appeal may be taken from a decision of the Plan Commission by either the applicant or the City by first filing a motion for rehearing with the Building Official. The motion for rehearing shall be filed within ten (10) days of the date of the decision made which is the basis of the appeal. The motion for rehearing shall specifically state the grounds for the appeal. Any party aggrieved by the decision of the Plan Commission may appeal the decision to the City Council within fifteen (15) days of the date of the decision on the motion for rehearing, where the matter shall be determined on the basis of the substantial evidence rule. (F) The Plan Commission, in considering an application for a variance, shall consider to what extent, if any, the site for which the applicant seeks a variance differs from adjoining sites, the extent that the hardship or inequity claimed by the applicant is self-created or based upon financial need of the applicant, and the adverse effects that the granting of a variance may or would create. (Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97) Sec Public hearings provided The Plan Commission shall hold a public hearing on any proposed amendment or supplement to this article. After the public hearing is closed, the Plan Commission shall immediately make its recommendation and report to the City Council. At least fifteen (15) days notice of the time and place of such hearing shall be published in a newspaper having a general circulation in the City. Secs Reserved ARTICLE VII. MOVING OF STRUCTURES vii * Sec Definitions The word structure, as used in this article, shall include buildings and houses of every nature and design and it is the intent to give the broadest interpretation and not to limit its meaning to houses and buildings only. Sec Permit Required It shall be unlawful for any person to move or cause to be moved a structure from one location to another within the City, or to move a structure from without the City to a location within the City, or to move a structure within the City to a point outside the City, without first securing a permit to do so. Sec Same Application; designation of route; etc.

70 Before any structure of any nature is moved over any street in the City, the person desiring the permit shall obtain an application from the office of the Building Official and place on the application the date that the move is requested to be made, a description of the structure to be moved and any additional information required by the Building Official. A tentative route shall be designated by the chief of police and the applicant shall inform the City utilities, state utilities and the telephone companies, or their successors or assigns, of the tentative routes, date, time and loaded height of the structure to be moved. The utility company shall, by its authorized agent, indicate on the application if the tentative route is satisfactory or unsatisfactory. Upon consideration of the approval or disapproval of the tentative route by the utility companies, the chief of police shall designate the route to be used. Sec Same Building permit prerequisite to issuance Prior to the issuance of any permit for the moving of any structure to be located on any lot or parcel of ground in the City, the owner of the property on which the structure is to be located shall obtain a building permit in compliance with the Building Code and the zoning ordinance of the City. Sec Same Issuance; fee The Building Official will issue the moving permit as required in this article after all requirements of this article have been met satisfactorily, as determined by the Building Official, and upon the payment of a permit fee as provided by article XV of this chapter. (Ordinance 4847, sec. 3, adopted 3/7/95; Ordinance 5628; sec. 13, adopted 2/19/02) Sec Bond required Any person desiring to move a structure as provided in section shall file a surety bond or other bond as may be approved by the City Attorney in the amount of one thousand dollars ($1,000.00), and such bond shall enure to the benefit of any person damaged by the moving and all such damages as may accrue to him by reason of such moving. Sec Move-in residential structures Specific use permit required From and after the effective date of sections , a specific use permit must be presented to the Plan Commission and approved by the City Council, in order to move in a dwelling not of new construction from a point within or outside of the City limits to a location within the City limits for the purpose of establishing a residential dwelling unit within the City. (Ordinance 4847, sec. 3, adopted 3/7/95) Sec Same Completion of structure required within specified time Any move-in residential structure of whatever material constructed shall be completed within one hundred eighty (180) days from the issuance of any permit for said structure. Completion shall mean completion by final inspection and issuance of such certificates of occupancy as may be required under the Building Codes of the City and must meet all other ordinances previously set forth by the City. Sec Same Extension of time for completion; general regulations (A) In the event this time limit is exceeded, a new application must be made to the Building Official stating the reasons for the excessive construction period, and the Building Official is authorized to extend

71 the time limit for a period not exceeding thirty (30) days and, if at the expiration of said extended period of time the construction is not completed, a further request for extension must be made to and approved by the City Manager. (B) On application for permission to move in a house, the applicant shall state the location of the structure and shall authorize the Building Official to inspect the structure prior to the issuance of a permit. (C) No move-in residential structures shall be permitted to be stored or stockpiled within the City. Any move-in shall be permitted only for destination from a specific location to the permitted location. Sec Same Penalty for violation The violation of sections through is a misdemeanor and shall be punishable as provided in section of this Code. This article shall be severable, and the invalidity of any part of this article shall not affect the remainder of this article. This article shall become effective on publication. Secs Reserved ARTICLE VIII. TEMPORARY PUBLIC AMUSEMENTS AND TEMPORARY COMMERCIAL ACTIVITIES viii * Sec Definitions In this article: Applicant. The owner of a temporary public amusement or temporary commercial activity who has applied for a permit under this article. Manager. The person designated in the application as the person directly responsible for managing the operation if a permit is issued under the provisions of this article. Operation. Either a temporary public amusement or a temporary commercial activity for which a permit application has been submitted or for which a permit has been issued, as the case may be, under the provisions of this article. Owner. The person or persons who hold title to, lease or who have an equity interest in the operation to be permitted under this article. Registered agent. The person identified in the registration application filed under this article who is authorized to receive on behalf of the operation any legal process or notice required for or provided for in this article. Temporary commercial activity. An enterprise that, for a primarily commercial purpose, offers goods for sale on an occasional basis. The term includes, without limitation, Christmas tree lots and seasonal plant sales. Temporary public amusement. Any traveling or itinerant amusement exhibition or show that, for a primarily commercial purpose, offers midway games and concessions, food concessions, or other

72 commercial entertainment attractions including, without limitation, seasonal amusements such as spook houses. The term specifically includes, without limitation, an attraction that offers to the public amusement rides as defined in Chapter 2151, Tex. Occ. Code and circuses as defined by section , Tex. Occ. Code. (Ordinance 6362, sec. 1, adopted 10/20/09) Sec Permit required; application for permit (A) It shall be unlawful for any person to operate a temporary public amusement or a temporary commercial activity in the City that has not been issued a permit as required by this article. A permit issued under this article is not transferable. (B) The owner of a temporary public amusement or a temporary commercial activity shall apply for a permit by providing to the Building Official the following information regarding the operation: (1) The name, telephone number, facsimile number and business or residence address of the owner; and, if the owner is a corporation, whether foreign or domestic, the name of the registered agent of the owner and the telephone number and facsimile number and business or residence address of the registered agent (including the street name and number, office or suite number if a business address, and the city, state, and zip code); (2) The nature and extent of each owner s interest in the operation; (3) The name, telephone number, facsimile number, and business or residence address (including the street name and number, office or suite number if a business address, and the city, state, and zip code) of the current manager (the applicant must provide the physical address of the manager - the use of a public or private post office box or other similar address is not sufficient); (4) If the proposed operation is a temporary public amusement, a list of all shows, amusement rides, concession booths, and other businesses and attractions expected in connection with the temporary commercial amusement facility, listing same by name and with a description of each; (5) If the proposed operation is a temporary commercial activity, a list of all goods (by general category, if more than 10) to be offered for sale; (6) If the proposed operation is a circus as defined by section , Tex. Occ. Code., a copy of the current, valid license issued to the owner under Chapter 2152, Tex. Occ. Code; (7) If the proposed operation will offer any class of amusement ride, as defined by Chapter 2151, Tex. Occ. Code, a copy of the written inspection certificate and insurance policy required under section (a), Tex. Occ. Code, a copy of any records of governmental action and quarterly reports required under section , Tex Occ. Code, a copy of any injury reports required under section , Tex. Occ. Code, and a copy of any order or reinspection certificate required under section , Tex. Occ. Code and section , Tex. Occ. Code; (8) If the operation is a temporary commercial amusement, and regardless of whether the

73 operation offers an amusement ride as defined in Chapter 2151, Tex. Occ. Code, proof insurance of the type described in section , Tex. Occ. Code; and (9) A copy of the bond required by section (C). (C) A permit application must be filed with the Building Official at least two weeks prior to the commencement of the operation for which the permit is sought. (D) The application must be signed by the applicant and shall be accompanied by a non-refundable permit fee of $ to compensate the City for the cost of administering this article. The applicant shall sign the permit application under penalty of perjury. (E) It shall be unlawful for any person to file an application for a permit under this article that contains any false statement of fact. (Ordinance 6362, sec. 1, adopted 10/20/09) Sec Permit issuance, denial, and revocation (A) The Building Official shall issue the applicant a permit of the category for which the applicant applied if the Building Official determines that the application has been fully and accurately completed, that all required records have been provided, and that the permit application fee has been paid; if not, the Building Official may deny the permit and deliver written notice to the applicant that the application is denied, including in the notice the reasons for denying the application. (B) The Building Official may revoke a permit if the Building Official determines that reasonable cause exists to believe that: (1) A statement of fact contained in the application was false or materially misleading; (2) The permit holder has failed to comply with any of the provisions of this article; (3) Any license, certificate, or other authorization required of the permit holder under either Chapter 2151 or Chapter 2152, Tex. Occ. Code, has been suspended or revoked; or (4) The operation violates in any material and adverse respect any applicable provision of this Code. (C) The Building Official shall provide notice of the revocation by certified mail, personal service, or courier-receipted commercial delivery sent to the address provided on the permit holder s application or by delivering notice, at the place of operation, to the manager of the operation named in the permit application. The permit holder may appeal the denial or revocation of a permit to the City Manager or a designated representative of the City Manager by filing a written notice of appeal with the Building Official within ten days of delivery of notice of the denial or revocation. The City Manager (or the designated representative) shall render a decision on the appeal within fifteen days of the date of the hearing. The decision of the City Manager or the designated representative shall be final. A revocation shall remain in effect for a period of eighteen months, during which time the permit holder may not be issued another permit under this article.

74 (D) The provisions contained in this section are cumulative of all other remedies and are non-exclusive. Nothing in this section shall be deemed or construed to limit the availability of any remedy against any person or property otherwise provided by law including, without limitation, fines, penalties, closure, injunction or any other action or remedy provided by law. (Ordinance 6362, sec. 1, adopted 10/20/09) Sec Operational requirements (A) A temporary public amusement shall not operate before 7:00 a.m. or later than 11:00 p.m. on weekdays (Sunday through Thursday) or 12:00 p.m. (midnight) on Friday and Saturday. (B) No living quarters of any kind shall be permitted to be located on the site of an operation except self-contained units needed for proper and customary security measures. (C) If the operation is a temporary public amusement, the owner shall provide to the City, as beneficiary, a bond, letter of credit, or cash escrow deposit in the amount of $2, prior to the issuance of a permit under this article. The bond or other security shall be conditioned that the applicant shall not cause, suffer or permit any litter, trash or debris resulting from the activities of the operation to remain on the permitted premises following the expiration or revocation of the permit. Any funds obtained by the City under the security posted under this section shall be used only for the purpose of clearing the premises of litter, trash and debris, and shall not be part of the City s general fund. If a premises for which a bond or other security is provided under this section has been cleaned of all such litter, trash or debris, then the person who posted the bond or other security shall be entitled to the cancellation of the bond or letter of credit, or a refund of the amounts then held for the property in the escrow account, as the case may be. (D) Unless sooner revoked under the provisions of this article, a permit for a temporary public amusement shall be valid for 14 days. Only two permits for a temporary public amusement may be issued for a given location during any one calendar year. (E) Unless sooner revoked under the provisions of this article, a permit for a temporary commercial activity shall be valid for a period not to exceed 90 days. The Building Official may grant one 30-day extension. Only one permit for a temporary commercial activity may be issued for a given location during any one calendar year. Notwithstanding the foregoing, if the temporary commercial activity is a Christmas tree lot, the operation may commence November 15th and shall discontinue December 25th. Sales may not begin prior to November 15th and the site must be cleaned and vacated by January 1st. (F) If the temporary commercial activity is to be operated by the holder of a certificate of occupancy on premises covered by that certificate of occupancy, the permit may be issued only to the current holder of the certificate of occupancy and only for a site that contains a minimum of 100 required parking spaces. The displayed merchandise shall not exceed ten feet in height and shall have a front and side street set back the same as the building for which the certificate of occupancy was issued unless a solid six (6) foot screen is provided. A temporary commercial activity shall be located so that it will not adversely affect parking. All goods and merchandise offered for sale at a temporary commercial activity shall be promptly removed from the permitted premises upon expiration or revocation of the permit. (G) All outdoor operations, except church bazaars, shall be located a minimum of 300 feet from a residential structure.

75 (Ordinance 6362, sec. 1, adopted 10/20/09) Secs Reserved ARTICLE IX. MISCELLANEOUS Sec Registration and licensing required (A) It shall be unlawful for any person, firm or corporation who is not registered by the City as a landscape architect or landscape irrigator to secure permits as provided herein. (B) Each applicant for registration as a landscape architect or landscape irrigator shall have an established place of business or shop for which a certificate of occupancy has been secured if within the City limits. Such certificate of occupancy shall be displayed in his place of business. Sec Method of registration (A) To register with the City as a landscape architect or landscape irrigator, application shall be made in writing on forms furnished for that purpose and filed with the Building Official. The application shall show the architect s or irrigator s name, local address and telephone number, and such other information as may be required to properly identify the architect or irrigator. (B) It shall be unlawful for any person, firm or corporation to represent himself or themselves as a registered and licensed landscape architect or landscape irrigator, or to falsely use the words landscape architect, landscape irrigator, or words of similar import or meaning as defined by the state board of landscape architects, on signs, cards, stationery, or by any other misleading manner whatsoever within the City, unless said person, firm or corporation is, in fact, registered and holds a valid certificate issued by the state board of landscape architects. (Ordinance 5371, sec. 5, adopted 6/1/99) Sec Supervision (A) The actual work of installing, maintaining, altering or repairing of landscape irrigation systems for which a permit is required by this Code shall have supervision by a landscape architect or landscape irrigator as provided by the state board of landscape architects and this Code. Such registered landscape architect or irrigator shall be the supervisory architect or irrigator of only one firm or corporation within the City at any one time. (B) When contracts to install landscape irrigation systems have been obtained by persons who are not registered as plumbing contractors, landscape architects, or landscape irrigators, the actual installation work may be done only by a registered plumbing contractor, landscape architect, or landscape irrigator to whom the contract may be assigned or sublet. Sec License required (A) It shall be unlawful for any person, except those exempt therefrom by the state board of landscape architects and the Plumbing License Law of 1947, who is not licensed as a landscape architect, landscape

76 irrigator, or plumber in accordance with provisions of the laws of the state to install landscape irrigation systems as defined herein. (B) Nothing herein shall be construed as prohibiting the employment of unskilled laborers to handle, haul or to carry materials when working under the immediate supervision of a landscape architect, landscape irrigator, or master plumber. Sec Display of certificate (A) Each holder of a certificate as a landscape architect or landscape irrigator shall display his license in a conspicuous place in his principal place of business. (B) Each holder of a license or certificate shall carry evidence of proper registration on his person at all times while doing work and shall produce and exhibit same when required by an inspector or officer of the City. Sec Registration fees An annual registration fee per article XV of this chapter, as amended, shall be paid to the City prior to the acceptance of registration and after the person has been issued a certificate by the state board of landscape architects. The contractor registration provided for in this Code shall expire one (1) year following the date of issuance. (Ordinance 5209, sec. 5, adopted 9/15/98; Ordinance 5371, sec. 5, adopted 6/1/99) Sec Specific permits Permits shall apply to a specific installation to be done within a specific single building, structure, or premises. Sec Permits All permits, issued pursuant to this Code, shall be issued upon the following conditions: (1) That connections with, or openings into, the water mains of the City shall be done by authorization of, and in the method prescribed by, the City Water Department. (2) That all installations meet the requirements of the Plumbing Code and such other requirements as may be directed by the Building Official. (3) All materials, up to and including the backflow preventer, shall meet the requirements of the Plumbing Code. (4) The landscape irrigation system fees shall be in an amount as provided in the fee schedule set forth in article XV of this chapter. (Ordinance 4847, sec. 6, adopted 3/7/95; Ordinance 5371, sec. 5, adopted 6/1/99; Ordinance 5628, sec. 16, adopted 2/19/02) Sec Penalty

77 Violation of this article shall be a misdemeanor punishable in accordance with section of this Code. Sec Subdivision sales offices (A) Definitions: Garage shall mean a place for the storage of personal property and the parking of motor vehicles. Sales office shall mean an area within a new model home that provides for the sale and display of other homes in the subdivision. (B) Sales offices allowed. Sales offices are hereby allowed to be placed in the garages of homes located within any platted subdivision as long as any new home remains unsold in said subdivision, subject to the following conditions: (1) The overhead garage doors shall be installed in the garage so used as a sales office. (2) An appropriate notice, stating that the area used as a sales office is a garage and will be converted to same upon the sale of the home, such notice posted in a conspicuous place at all times in the area used as a sales office. (3) That the homes so used as sales offices shall be designated by the developer and filed with the Building Official. (4) That sales contracts providing for the sale of homes within subdivisions affected by this section shall contain appropriate language that a garage shall be maintained on the premises at all times. (Ordinance 5371, sec. 5, adopted 6/1/99) Sec Merchandising in streets and alleys (A) Merchandising is hereby prohibited on any street, alley, public square, or public place in the City and every person, including any peddler or itinerant merchant or his agents, officers, or employees, is prohibited from merchandising on any street, alley, public square, or public place in the City. (B) The term merchandising, as used in this section, shall mean the sale or offering for sale of any products, medicines, goods, wares, or merchandise, except newspapers, ice, tickets or buttons for local charitable or benevolent purposes, and vegetable, farm, poultry and dairy products raised, owned and in possession of a bona fide farmer. (C) It shall not be unlawful for any product, medicine, goods, wares, and merchandise sold by any dealer or owner of the same, and not sold in violation of this section, to be delivered over or via the streets, alleys, public squares, or public places to the residence or place of business of the purchaser. Sec Use of streets and sidewalks for advertising or soliciting business (A) It shall be unlawful for any person, by loud talking or speaking or unusual acts or exhibitions, to attract a crowd on any portion of any street or sidewalk of the City to solicit trade or patronage for any

78 business, house or other premises. The use of any portion of any street or sidewalk in the City for advertising or soliciting the sale of any goods, wares or merchandise, is hereby prohibited. (B) It shall not be unlawful for any product, medicine, goods, wares, and merchandise sold by any dealer or owner of the same, and not sold in violation of this section, to be delivered over or via the streets, alleys, public squares, or public places to the residence or place of business of the purchaser. (Ordinance 4883, sec. 5, adopted 7/11/95) Sec Sidewalk obstructions (A) It shall be unlawful for any person to obstruct any portion of any sidewalk in the City by selling or offering for sale, at auction or otherwise, any goods, wares, or merchandise on or about any sidewalk. It shall likewise be unlawful for any person to place any barrel, box, wood or any other substance on any sidewalk in the City so as to obstruct the passage on or along such sidewalk or any part thereof. No person shall have or maintain any stand or stall for any purpose on any portion of any sidewalk in the City. (B) It shall be unlawful for any person to obstruct any sidewalk in front of any church, theater or other public place, or place of business, or in any other way obstruct the passage in or out of any church, theater, or other public place. (C) Nothing in this section shall be so construed as to prevent any merchant from occupying not to exceed one-half (1/2) of the sidewalk immediately in front of his place of business in receiving and forwarding goods, wares and merchandise, provided such goods, wares and merchandise shall not remain on such sidewalk for a longer time than one (1) hour. Sec Placing advertising matter on sidewalks It shall be unlawful for any person to scatter or place any handbills, cards, newspaper or any advertising device of any description along or upon any sidewalk in the City. Sec Maintenance of commercial properties (A) For the purposes of this section, commercial property shall mean all property other than singlefamily residential property. Commercial building shall mean any building or structure located on a commercial property. The terms commercial property and commercial building specifically include apartment and multifamily properties and buildings. Owner shall include an agent of the owner who is authorized to, or who actually does, lease, manage, or collect rent from a commercial property on behalf of the owner. (B) Maintenance of parking areas. The owner of a commercial property shall: (1) Repair or resurface all parking areas, driveways to and from parking areas, and the pads and driveways to and from refuse storage facilities so as to be free from potholes, cracks which may contain weeds or other vegetation, or changes in surface grade of one inch (1") or greater. (2) Repaint or restripe parking spaces and fire lanes so as to maintain clearly designated parking spaces and fire lanes.

79 (C) Maintenance of landscaping. The owner of a commercial property shall remove and replace all dead trees, shrubs, and groundcover which are part of required landscaping for the commercial property and, if not part of required landscaping, shall be removed or replaced. (D) Maintenance of commercial buildings and structures. The owner of a commercial building shall: (1) Repair or replace broken, cracked, damaged, or missing doors and windows. (2) Repair or replace loose, damaged, or missing exterior trim, siding, and roofs. (3) Repaint or resurface exterior surfaces of the building with a weatherproof protection. (4) Disconnect or cap off unsafe electric and unsanitary plumbing connections in commercial buildings, or portions thereof, that have not been in use for six (6) months or more. (E) Schedule of maintenance. The owner shall submit, within ten (10) days of notification of a violation of this section, a work schedule to the City and obtain all necessary permits for the work. All portions of the work shall be completed within thirty (30) days of issuance of a permit. However, major work such as reroofing a building or repaving (resurfacing) a parking lot will be allowed thirty (30) days to submit a work schedule and obtain a permit and a maximum of six (6) months to complete the work. (Ordinance 4449, sec. 1, adopted 9/18/90) ARTICLE X. FENCES Sec Definitions The following definitions shall apply in the interpretation and enforcement of this article: (1) Fence shall mean any structure which exceeds twelve (12) inches in height above the nearest grade and which encloses, partitions or divides any yard as defined in the zoning ordinance. (2) Build shall mean construct, erect, or place or cause, suffer or allow another to construct, erect or place. (3) Zoning ordinance shall mean the City zoning ordinance, as amended. (4) Residentially zoned shall mean property zoned single family, duplex, or any property zoned as a planned development district, (hereafter PD district), where the base zoning within the PD district is one of the foregoing. (Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95) Sec Permit required No person shall build any fence without having first applied for and obtained a permit from the City. (Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95)

80 Sec Prohibited materials (A) No person shall build any fence composed, in whole or in part, of: (1) Barbed wire or razor wire; (2) Welded or woven wire such as chicken wire, hog wire, stockade panels and similar agricultural wires; (3) Used materials; (4) An electric fence; (5) Galvanized sheet metal, corrugated metal, or corrugated fiberglass; or (6) Materials not approved for exterior exposure. (B) The following are affirmative defenses to a violation of this section: (1) In a district zoned agriculture and used for agricultural purpose or in other districts where an agricultural use lawfully exists, provided that the fence is not otherwise prohibited by any other ordinance or law, a fence may be composed of barbed wire, welded wire or woven wire, or both and may include an electric fence if the electric fence charging device is approved by a nationally recognized testing laboratory. (2) In a district zoned industrial or commercial, barbed wire may be used as a component of a fence provided that the fence is composed only in part of barbed wire and that portion of the fence is at least six (6) feet from the nearest grade. The barbed wire portion of the fence shall be a maximum height of 3 feet vertically or horizontally from the main portion of the fence. The barbed wire portion shall consist of individual strands of wire placed parallel to the ground and shall not be placed in a coiled or wrapped position. (3) In a residential zone, an electric fence may be located only within the side and rear yard, all electrified components must be located a minimum of 24" inside another fence (which must be a minimum of 36" in height), the electric fence charging device must be approved by a nationally recognized testing laboratory and the fence shall otherwise comply with all applicable laws and ordinances. (4) Subsection (A)(5) of this section does not prohibit the use of corrugated metal material with a minimum 26 gauge and one (1) inch corrugation when commercially designed and engineered as a fencing material as a component of a modular, prefabricated fence. (C) Fences within utility and maintenance easements must be constructed with metal posts and removable fence sections: (1) When mandated by state or federal statute. (2) When required for public safety for local governmental facilities.

81 (Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95; Ordinance 4883, sec. 6, adopted 7/11/95; Ordinance 5371, sec. 6, adopted 6/1/99; Ordinance 5435, sec. 1, adopted 1/18/00) Sec Setback requirements generally (A) (1) No fence shall be built within the required front yard, as defined in the zoning ordinance, except in agricultural and industrial zones. (2) Exceptions. (a) (i) A fence less than three and one-half (3-1/2) feet in height; and (ii) Made of wood or wrought iron; and (iii) Provides at least a four-inch wide vertical space per each linear foot and at least a one-foot wide horizontal space between horizontal portions of the fence; or (b) (i) A fence less than two and one-half (2-1/2) feet in height; and (ii) Made of brick or masonry, excluding cinder block. (B) No fence shall be built within the required front yard or any closer than the front edge of the building in commercial districts. (C) No barbed wire fence shall be built within a side or rear yard adjacent to a street in a commercial district. (Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95; Ordinance 4883, sec. 6, adopted 7/11/95; Ordinance 5435, sec. 1, adopted 1/18/00) Sec Gates required (A) Any fence built so as to enclose an area shall provide a gate or other opening in the fence of at least three (3) feet in width and with a minimum headroom clearance of six (6) feet eight (8) inches in height. (B) Any fence built along or near a rear property line which adjoins a street, alley or public easement shall provide a gate or other opening giving direct access to the street, alley or public easement. (C) Gates for vehicular use must be a minimum of 20 feet from the property line for all types of property other than residential. (Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95) Sec Height limit (A) No fence shall be built so as to exceed eight (8) feet in height on any residentially zoned property nor shall a fence be built so as to exceed ten (10) feet on any nonresidential property.

82 (B) Fence height shall be measured from the grade adjacent to the fence from the applicant s side of the fence. If the fence is constructed on top of a retaining wall it shall be measured from grade near the retaining wall. (Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95) Sec Construction Fences must be able to structurally support fencing materials for a 70 mph windspeed. (Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95) Sec Maintenance It shall be unlawful to maintain a fence in such a manner as to allow: (1) Any portion of a fence to lean so that the fence s axis is more than ten (10) degrees out of perpendicular alignment with its base. (2) Missing, loose or broken pickets, slats or panels in a fence. (3) Symbols, writings and other graffiti on a fence except for those which are permitted as signs under this chapter or which pertain to the address or occupancy of a property. (Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4883, sec. 6, adopted 7/11/95) Sec Variances The Board of Adjustments may, upon the showing of an undue hardship to the applicant, grant a variance to sections , , and of this article. (Ordinance 5371, sec. 6, adopted 6/1/99; Ordinance 4883, sec. 6, adopted 7/11/95; Ordinance 5713, sec. 1, adopted 3/4/03; Ordinance 5435, sec. 1, adopted 1/18/00; Ordinance 6204, sec. 1, adopted 2/19/08) Sec Existing fences (A) A fence that does not comply with the requirements of this article as of the effective date of this article shall be allowed to remain provided that fences located in front of a building or in yards adjacent to streets in commercial districts that include barbed wire as a component shall be screened from public view by means of any authorized fence material, slats, or materials or by any screening method authorized in the landscape and screening regulations within 90 days of the effective date of this article and shall otherwise comply with all requirements of this article. If a fence that has barbed wire as a component is screened as provided in this section, the fence shall be allowed to remain unless the fence is replaced, destroyed or damaged to the extent of sixty (60) percent or more of the value of the structure, in which even the right to maintain the structure shall terminate. (B) Any screening method installed under this article shall remain in place as long as the original fence is maintained. Once the original fence is removed the screening method must be removed within a 30-day period. (Ordinance 5435, sec. 1, adopted 1/18/00)

83 ARTICLE XI. SPECIAL EVENTS Sec Definitions In this article: (1) Applicant means a person who has filed a written application for a special event permit. (2) Special event means a temporary event or gathering, including but not limited to parades, bike races, marathons, walk-a-thons, or other types of races and festivals, using either private or public property or both, and which involves one or more of the following activities: (a) (b) (c) (d) (e) (f) (g) Closing a public street; Blocking or restriction of public property; Sale of merchandise, food or beverages on public property, or on private property where otherwise prohibited by ordinance; Erection of a tent on public property, or on private property where otherwise prohibited by ordinance; Installation of a stage, bandshell, trailer, van, portable building, grandstand or bleachers on public property, or private property where otherwise prohibited by ordinance; Placement of portable toilets on public property, or on private property where otherwise prohibited by ordinance; or Placement of temporary no-parking signs in a public right-of-way. (3) Special event permit means written approval from the Building Official to hold a special event. (Ordinance 4779, sec. 1, adopted 6/7/94) Sec General authority and duty of Building Official (A) The provisions of this article shall be administered and enforced by the Building Official. (B) The Building Official has authority to issue a special event permit that authorizes one or more of the activities described in section (2) when requirements of this article have been met. (C) Application for a special event permit authorizes appropriate City departments to issue permits for the activities described in section (2) in locations where the activity would otherwise be prohibited by ordinance. (Ordinance 4779, sec. 1, adopted 6/7/94)

84 Sec Article cumulative The provisions of this article are cumulative of all City ordinances. Tent permits, building permits, electrical permits, food establishment permits, temporary outdoor amusement permits, animal exhibit permits, and all other permits required by ordinance or other law for specific activities to be conducted in conjunction with or as part of the special event may be applied for in one application through the Building Official if, in the determination of the Building Official, a cumulative permit is appropriate for the special event. (Ordinance 4779, sec. 1, adopted 6/7/94) Sec Exemptions The provisions of this article do not apply to a special event: (1) Conducted entirely on: (a) (b) (c) Park property (with the approval of the Parks and Recreation Board); The Garland Performing Arts Center premises; or Firewheel Golf Course premises. (2) Funeral processions. (3) Housemoving and construction activities. (Ordinance 4779, sec. 1, adopted 6/7/94) Sec Permit application; issuance (A) A person desiring to hold a special event shall apply for a special event permit by filing with the Building Official a written application upon a form provided for that purpose. A nonrefundable fee as specified in article XV of this chapter must accompany each application. An application for a special event must be filed not less than forty-five (45) days before the special event is to begin. The Building Official may waive the 45-day filing requirement if the Building Official determines that the application can be processed in less than forty-five (45) days, taking into consideration the number and types of permits required to be issued in conjunction with the special event permit. (B) An application must contain the following information: (1) The name, address and telephone number of the applicant and any other organization they represent and of person(s) responsible for the conduct of the special event; (2) A description of the special event and requested dates and hours of operation for the special event; (3) The estimated number of persons to participate in the special event; (4) In addition to the foregoing, an application for a special event shall contain the following:

85 (a) (b) (c) (d) A sketch showing the area or route to be used during the special event, along with proposed structures, tents, fences, barricades, signs, banners and restroom facilities; The time and location of street closings, if any, are requested; Details of the sale of merchandise or the sale or serving of food or beverages at the special event, designating the vendors involved; and Description of animals to be used in the special event, if any. (C) Upon receipt of the completed application, the Building Official shall forward a copy of the application to the appropriate departments of the City. Each department shall review the application and return it, with any comments, to the Building Official within ten (10) working days of receipt. (D) The applicant shall submit evidence that sufficient parking will be provided for the special event to accommodate the projected number of persons attending the special event with a ten percent (10%) surplus. If parking is to be provided on private property adjacent to the special event, the applicant shall submit written evidence that the applicant has a right of possession of the property through ownership, lease, license, or other permission. If the property is not an established parking area, the applicant shall submit a form describing how parking on the property will be achieved and arranged, including a designation of the number of parking spaces to be provided on the property. (E) The applicant for a special event shall also provide the Building Official with copies of all agreements or other arrangements regarding the provision of police and other emergency services, barricades and traffic control, and litter collection and trash removal. (F) If the applicant intends to use City services to provide any of the services described in subsection (E), above, the City shall submit to the applicant an estimate of the cost of each service. Any significant change in the nature and/or scope of the event may result in additional charges for City services. The applicant shall pay to the City a deposit of fifty percent (50%) not less than five (5) days prior to the special event and sign an agreement agreeing to pay the balance due within ten (10) days after the special event upon final accounting of the costs due. (G) The departments and the Building Official shall designate the licenses and permits required by other City ordinances or applicable law, restrictions, regulations, costs for City services, safeguards and other conditions necessary for the safe and orderly conduct of a special event, to be incorporated into the permit before issuance. (H) After reviewing the application and departmental comments, the Building Official shall issue the special event permit unless denied in accordance with section A special event permit may be issued for a period not to exceed fourteen (14) consecutive days for a special event. A separate permit is required for each 14-day period during which a special event will be conducted. (Ordinance 4779, sec. 1, adopted 6/7/94; Ordinance 5628, sec. 17, adopted 2/19/02) Sec Denial or revocation (A) The Building Official shall deny an application for a special event permit if:

86 (1) A special event permit has been previously granted for another special event at the same place and time; (2) The proposed special event will occupy any part of a freeway, expressway or tollway; (3) The time, place or manner of the proposed special event or demonstration will unreasonably disrupt the orderly flow of traffic and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available; (4) The applicant fails to comply with, or the proposed special event will violate this article, another City ordinance, or other applicable law, unless the prohibited conduct or activity would be allowed under this article, or the applicant has failed to comply with the terms of a previous special use permit; (5) The applicant makes a false statement of material fact on an application for a special event permit; (6) The applicant fails to provide proof that the applicant possesses or is able to obtain a license or permit required by City ordinance or other applicable law for the conduct of all activities included as part of the special event; or (7) The applicant fails to pay any outstanding costs owed to the City for a past special event. (B) The Building Official shall revoke a special event permit if: (1) The applicant fails to comply with or conducts the special event in violation of a condition or provision of the special event permit, an ordinance of the City or any other applicable law; or (2) The permit holder made a false statement of material fact on an application for a special event permit. (Ordinance 4779, sec. 1, adopted 6/7/94) Sec Appeal from denial or revocation of a special event permit If the Building Official denies the issuance of a permit or revokes a permit, the Building Official shall promptly send to the applicant or permit holder by certified mail, return receipt requested, written notice of the denial or revocation and of the right to an appeal. The applicant or permit holder may appeal the decision of the Building Official to the City Manager, who shall promptly make a ruling on the appeal. (Ordinance 4779, sec. 1, adopted 6/7/94) Sec Temporary parking restrictions The Director of Police may, as determined by a review of the proposed special event and the materials submitted by the applicant, prohibit or restrict, for temporary periods and only in conjunction with the special event, the parking of vehicles along a street or streets within and adjacent to the site of the special event. The City shall post signs to such effect and it shall be unlawful for any person to park or leave unattended any vehicle in violation of such signs. (Ordinance 4779, sec. 1, adopted 6/7/94)

87 Sec Offenses (A) A person commits an offense if the person: (1) Commences or conducts a special event or a demonstration without a special event permit; or (2) Fails to comply with any requirement or provision of a special event permit or this article. (B) A culpable mental state is not required for the commission of an offense under this section. (Ordinance 4779, sec. 1, adopted 6/7/94; Ordinance 5371, sec. 7, adopted 6/1/99) ARTICLE XII. TEMPORARY SHIPPING CONTAINERS Sec Temporary shipping containers (A) As used in this section, shipping container means a container which: (1) Is used or designed to be used in intermodal or over-the-road shipping that consists of a truck trailer body that may be detached from the chassis for loading onto a ship or other vessel, a rail car, or stacked in a container depot; and (2) Does not exceed 40 feet in length, 9 feet in height and 9 feet in width. (B) A shipping container may be used for the temporary storage of goods to be sold at retail only if a permit has been issued under the provisions of this section authorizing that use. A permit may not be issued for a refrigerated, open top, flat rack or bulk liquid or other container that is not fully enclosed on six sides. (C) The Building Official may issue a permit authorizing the use of a shipping container for the temporary storage of goods to be sold at retail if the following requirements are met and maintained: (1) No shipping container shall be located: (a) (b) (c) (d) (e) Nearer to a street than the front of the building to which the shipping container is an accessory; Adjacent to a major thoroughfare designated as such by the master thoroughfare plan; Within 100 feet of a residential zoning district; Within 50 feet of the property line of an adjacent property; or Nearer than 10 feet of the building to which the shipping container is an accessory. A permitted shipping container shall comply with all setback regulations of the zoning district in which the shipping container is located. In the event of a conflict between the setback

88 specified by the zoning ordinance and a setback specified by this section, the more restrictive shall apply. (2) A shipping container shall be screened from the view of an adjacent street or residential property by means of a solid fence of at least six feet in height or a living screen of evergreen shrubs of at least six feet in height. (3) The total area of all shipping containers authorized under a permit shall not exceed 10% of the area of the building to which the shipping containers are an accessory. No more than fifteen shipping containers shall be permitted. Shipping containers may not be stacked. (D) No more than one permit may be issued to an applicant in any calendar year for the same site. A permit has a duration of ninety days. The applicant for a permit under this section shall submit the following information along with the applicant for a permit: (1) The size of the area building (in square feet) to which the shipping container is an accessory; (2) A site plan showing the proposed location(s) of the shipping container(s), the setback and other distances as specified by subsection (C) of this section, the location and type of screening to be used, and the number and dimensions of the shipping container(s); and (3) The proposed date for the commencement of the permit period and the date of expiration of the most recent permit issued under this section. (E) At the time application is made, a fee as provided by article XV of this chapter shall be paid to the City for each permitted container. A permit may be revoked by the Building Official for a violation of any provision of this article upon ten days written notice to the applicant. (Ordinance 5371, sec. 8, adopted 6/1/99; Ordinance 5628, sec. 18, adopted 2/19/02) Secs Reserved ARTICLE XIII. INTERNATIONAL RESIDENTIAL CODE ix * Sec Adoption of the International Residential Code The 2003 edition of the International Residential Code is hereby adopted by reference. One (1) copy shall remain on file in the office of the City Secretary. Unless deleted, amended, expanded or otherwise changed herein, all provisions of this Code shall be fully applicable and binding and of full force and effect. The adoption of the International Residential Code includes appendix sections A, B, C, and G (as amended herein). Such adoption does not include part VIII (Electrical) of the International Residential Code. (Ordinance 5628, sec. 19, adopted 2/19/02; Ordinance 5977, sec. 8, adopted 3/7/06) Sec Amendments, modifications, and deletions The following sections of the International Residential Code, as adopted in section above, are amended as described below:

89 Section is amended to read as follows: R101.1 Title. These regulations shall be known as the Residential Code of the City, hereinafter referred to as this Code. Section R101.2, is amended by amending the exception to read as follows: Exception: At the discretion of the Building Official, existing buildings undergoing repair, alteration or additions, and change of occupancy may be permitted to comply with the International Existing Building Code. Section R102.4 is amended to read as follows: R102.4 Referenced codes and standards. The codes and standards referenced in the Code of Ordinances shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Whenever amendments have been made to the referenced codes and standards, each reference to that code or standard shall be considered to reference the amendments as well. Any reference made to the ICC Electrical Code shall mean the Electrical Code as adopted by the City in article III of chapter 30 of the Code of Ordinances. Where differences occur between provisions of the Code of Ordinances and the referenced codes and standards, the provisions of the Code of Ordinances shall control. Section R103.1 is amended to read as follows: R103.1 Enforcement agency. The Building Inspection Department shall enforce the provisions of this Code. The official in charge shall be the Building Official. Section R105.2, is amended by amending building to read as follows: Building: 1. Dog houses or detached accessory buildings not exceeding 20 square feet. 2. Minor foundation repair of less than $2, and minor roof repair. 3. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to Uncovered decks not over 30 inches abovegrade. 6. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work. 7. Prefabricated swimming pools that are less than 24 inches deep. 8. Playhouses, children s forts, and tree houses not larger than (100) square feet located in

90 the rear yard. Section R105.5 is amended to read as follows: R105.5 Expiration. An individual permit issued by the Building Official shall expire by limitation and become null and void on the expiration of two (2) years after its issuance if no progress has been made toward the completion of the project, or upon expiration of the project. (A project shall expire immediately after the fifth anniversary of the date the first permit application was filed for the project if no progress had been made towards completion of the project.) Once a permit for particular work has expired, a new permit must be applied for and obtained before the work can be commenced. The permit fee shall be the full amount required for a new permit for such work. The Building Official or his designee shall determine the extent to which the work must comply with any new regulations that were not in effect at the time the original permit was issued. Section R105 is amended by adding a new section to read as follows: R105.9 Contractor registration and supervision of work. Any person providing services as a building, electrical, mechanical or plumbing contractor in the City shall register with the Building Inspection Department as a contractor. Application shall be made in writing on forms furnished for that purpose and filed with the Building Official. The application shall show the contractor s name, local address and telephone number, a copy of the contractor s state license or registration (if applicable), and such other information as may reasonably be required to properly identify the contractor. Such registration shall include payment of a fee as prescribed in the fee schedule located in article XV of chapter 30 of the Code of Ordinances. All licensing and registration provisions of the Air Conditioning and Refrigeration Contractor License Law, the Plumbing License Law, the Texas Electrical Safety and Licensing Act and the Texas Residential Construction Commission Act shall be in full force within the City. Section R is amended by adding a sentence to the end of the section to read as follows: When approved by the Building Official, only one set of construction documents need be submitted. Section R106.5 is deleted in its entirety. Section R is amended by adding new sections and to read as follows: R Erosion control. Erosion control inspections will be conducted at various times during the construction process. R Special inspector. In addition to the inspections required by the International Residential Code, the owner shall employ a special inspector during construction when deemed necessary by the Building Official. Section R110 is deleted in its entirety. Section R112 is amended to read as follows:

91 SECTION R112 APPEALS AND CODE AMENDMENTS R112.1 Appeals and code amendments concerning chapters 1 11 and appendix G shall be processed in accordance with the provisions set forth in the Building Code as adopted and amended in article I, chapter 30 of the Code of Ordinances. R112.2 Appeals and code amendments concerning chapters and appendixes A, B and C shall be processed in accordance with the provisions set forth in the Mechanical Code as adopted and amended in article IV, chapter 30 of the Code of Ordinances. Add section R115 to read as follows: SECTION R115 WORKING HOURS R115.1 Hours established. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use, including multifamily uses, shall be allowed only between 7:00 a.m. and 8:00 p.m. each day of the week. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use, including multifamily uses, shall be prohibited between 8:00 p.m. and 7:00 a.m. each day of the week. R115.2 Other regulations unaffected. This section does not authorize violation of any other legally establish regulation, either public or private, regulating noise nuisance to residents. R115.3 Exceptions. These regulations do not affect emergency work being done to secure a structure or to reestablish utility service to a structure. R115.4 Variance. The Director of Health, in accordance with section of the Code of Ordinances of the City, may issue a permit of variance to these regulations. Table R301.2(1) is amended by completing the table as follows: GROUND SNOW LOAD WIND SPEED (mph) SEISMIC DESIGN CATEGORY 5 lb/ft2 90 (3-sec-gust)/75 fastest mile A SUBJECT TO DAMAGE FROM Weathering Frost Line Depth Termite Decay Moderate 6" Very heavy Slight to moderate WINTER DESIGN TEMP ICE SHIELD UNDER- LAYMENT REQUIRED FLOOD HAZARDS AIR FREEZING INDEX MEAN ANNUAL TEMP 22F No Local code 69F 64.9F

92 Section R302.1 is amended to read as follows: R302.1 Exterior walls. Exterior walls with a fire separation distance less than 3 feet shall have not less than a one-hour fire-resistive rating with exposure from both sides. Projections shall not extend to a point closer than 2 feet from the line used to determine the fire separation distance. Exception: Detached garages accessory to a dwelling located within 2 feet of a lot line may have roof eave projections not exceeding 4 inches. Projections extending into the fire separation distance shall have not less than one-hour fireresistive construction on the underside. The above provisions shall not apply to walls which are perpendicular to the line used to determine the fire separation distance. Exceptions: 1. Structures exempted from permits by R105.2 are not required to provide wall protection based on location on the lot. Projections beyond the exterior wall shall not extend over the lot line. 2. Open metal carport structures may be constructed within zero (0) feet of the property line without fire-resistive or opening protection when the location of such is approved as required. 3. Type U occupancies (not garages or carports), less than one-hundred forty-five (145) square feet in size need not be separated from the use to which they are an accessory. Section R303.3 is amended by amending, Exception to read as follows: Exception: Glazed areas shall not be required where artificial light and a mechanical ventilation system, complying with one of the following, are provided. 1. The minimum ventilation rates shall be 50 cfm for intermittent ventilation or 20 cfm for continuous ventilation. Ventilation air from the space shall be exhausted directly to the outside or a ventilated attic. When vents terminate in an attic, they shall be installed so as not to be blocked by blown insulation or other obstructions. 2. Bathrooms that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air. Section R303.8 is amended to read as follows: R303.8 Required heating. Every dwelling unit shall be provided with heating facilities capable of maintaining a minimum room temperature of 68 F (20 C) at a point 3 feet above

93 the floor and 2 feet from exterior walls in all habitable rooms. Section R is amended by adding an exception to read as follows: Exception: Exit doors may be provided with a night latch, dead bolt or security chain, provided such devices are mounted at a height not to exceed 48 inches above the finished floor. Section R317.1 is amended by amending Exception to read as follows: Exceptions: 1. A fire resistance rating of 1/2 hour shall be permitted in buildings equipped throughout with an automatic sprinkler system installed in accordance with NFPA Two-family dwelling units that are also divided by a property line through the structure shall be separated as required for townhouses. Section R318 is deleted in its entirety. Section R321.1 is amended to read as follows: R321.1 Premises identification. Street address numbers no less than three (3) inches in height must be attached to all new structures on the front of the structure in such a manner as to be visible and legible from the street, alley or private drive or designated fire lane. In addition, numbers must be displayed on a property so as to identify the address from the rear of the property. All required numbers must be installed prior to the final building inspection. Exception: If there is not access to the rear of the property from a street, alley, public way, common area or easement, address posting is required on the front of the structure only. Section R322.1 is amended to read as follows: R322.1 Scope. Accessible dwelling units shall comply with the Texas Accessibility Standards as applicable. Section R323 is deleted in its entirety. A new section R324 is created to read as follows: SECTION R324 AUTOMATIC SPRINKLER SYSTEM R324.1 Required. An automatic sprinkler system shall be installed in any structure with more than 5,000 square feet of enclosed floor area. For the purpose of this section, a structure includes separate dwelling units that are physically connected, regardless of separation by fire rated walls and/or property lines. Areas under patio covers and/or carports shall not be required to be sprinklered. R324.2 Additions. Additions to existing buildings shall comply with the requirements of this section for new construction. Where a 2-hour fire barrier is provided between the addition and the existing building,

94 the addition shall be considered a separate building. R324.3 Permits. The Fire Marshal shall process all permits for fire sprinkler systems. Systems shall meet specifications as required by the Fire Marshal. Section R401.1 is amended by adding an exception 3 to read as follows: 3. In lieu of the requirements of this article, the Building Official may except an alternative design if the foundation is designed by a structural engineer who is registered in this state. Section R401.2 is amended by adding a new section R to read as follows: R Foundation repairs. All foundation repairs that exceed $2, shall be engineered by an engineer registered in this state. Section R401.3 is amended by adding a new section to read as follows: R Grading and drainage. Grading and drainage shall conform with chapter 31, section of the Code of Ordinances. Section R401.3 is amended by adding a new section R to read as follows: R Protection of adjoining property. The requirements for protection of adjacent property and the depth to which the protection is required shall be defined by prevailing law. Lateral support of adjoining property is of a civil nature between adjoining property owners. Section R is amended by adding an exception and figure as follows: Exception: Vertical wall segments in the first of one- or first of two-story buildings next to garage openings shall be permitted to have a 6:1 height-to-width ratio (with height being measured from top of header to sill plate) when constructed in accordance with the following provisions. Each panel shall have a length of not less than 16 inches and a height of not more than 10 feet. Each panel shall be sheathed on one face with a single layer of 3/8-inchminimum-thickness wood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with figure R (2). The wood structural panel sheathing shall extend up over the solid sawn or glued-laminated header and shall be nailed in accordance with figure R (2). The header shall extend between the inside faces of the first fulllength outer studs of each panel. The clear span of the header between the inner studs of each panel shall be not less than six feet and not more than 18 feet in length. A strap with an uplift capacity of not less than 1,000 pounds shall fasten the header to the side of the inner studs opposite the sheathing. Two anchor bolts shall be installed in accordance with section R , and plate washers shall be a minimum of 2 inches by 2 inches by 3/16 inch thick and shall be used on each bolt. This exception is only permitted in Seismic Design Categories A C. Figure R (2) GARAGE DOOR BRACED WALL PANEL FOR USE WITH CONTINUOUSLY SHEATHED WALLS

95 Section R is amended by adding a second paragraph to the end of the section to read as follows: For 3-1/4 square feet of wall area, the following dimensions shall be adhered to: 1. When ties are placed on studs 16" o.c., they shall be spaced no further apart than 29" vertically starting approximately 15" from the foundation. 2. When ties are placed on studs 24" o.c., they shall be spaced no further apart than 19" vertically starting approximately 10" from the foundation. Section R902.3 is amended by adding a sentence at the end of the section and by adding an exception to read as follows: All roof coverings shall be a minimum Class C. All individual replacement shingles or shakes

96 shall be a minimum Class C. Exception: Nonclassified roof coverings shall be permitted on buildings of U occupancies having not more than 120 sq. ft. of projected roof area. When exceeding 120 sq. ft. of projected roof area, buildings of U occupancies may use nonrated noncombustible coverings. Section R907.1 is amended by adding a sentence to the end of the general paragraph to read as follows: All individual replacement shingles or shakes shall comply with section Section N is amended by deleting the last sentence of the exception. Table N is amended by amending the insulation thickness for chilled water and footnote b as follows: Cooling Systems FLUID TEMP RANGE ( F) INSULATION THICKNESS inches b Chilled water, refrigerant or brine Below b. For piping lengths in excess of five (5) feet exposed to outdoor air, increase thickness by 0.5 inch. Section M is amended by adding a new section to read as follows: M Access. Access to the attic space shall be provided by one of the following: 1. A permanent stair; 2. A pull down stair; or 3. An access door from an upper floor level. Exception: The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening. Section M is amended to read as follows: M Elevation of ignition source. When required by the manufacturer s installation instructions, the ignition source of an appliance installed in garages shall be elevated to 18 inches above the garage floor. Section M is deleted in its entirety. Section M is amended to read as follows: M Water heater access.

97 1. Access to water heaters installed in bedrooms or bathrooms as allowed by section M may be from the bedroom or bathroom when through a solid door that is weather-stripped and equipped with an approved self-closing device. 2. Access to water heaters that are located in an attic or underfloor crawl space is permitted to be through a closet located in a sleeping room or bathroom where ventilation of those spaces is in accordance with this Code. Section M is amended to read as follows: M Electric water heaters. Electric water heaters shall also be installed in accordance with the applicable provisions of the Electrical Code. Section G is deleted in its entirety. Section G is amended by adding a second paragraph to read as follows: Both ends of each section of medium pressure corrugated stainless steel tubing (CSST) shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following wording shall be stamped into the tag: WARNING 1/2 to 5 psi gas pressure Do Not Remove. Section G is amended by adding an exception to read as follows: Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2 inch. Section G is amended to read as follows: G Minimum burial depth. Underground piping systems shall be installed a minimum depth of 18 inches below grade. Section G is deleted in its entirety. Section G is amended to read as follows: G Test pressure measurement. Tests shall be for at least 15 minutes at the following pressures: a. Low pressure system (1/2 psi or less): 10 psi test on a 30 psi gauge, or 3 psi test on a 6 psi diaphragm gauge b. Medium pressure system (1/2 to 5 psi): 60 psi test on a 100 psi gauge, or 10 psi test on a 20 psi diaphragm gauge Section G is amended by adding a new section G to read as follows:

98 G Shutoff valves with CSST. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12 inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system s piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping. Section G is amended by adding a sentence to the end of the paragraph and an exception to read as follows: Access to regulators shall comply with the requirements for access to appliances as specified in section M1305. Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening. Section G is amended by adding an exception to read as follows: Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Building Official unless an unsafe condition is determined to exist. Section P is amended by adding a second paragraph to Item No. 1 to read as follows: Shower receptors shall be tested for water tightness by filling with water to the level of the rough threshold. The drain shall be plugged in a manner so that both sides of pans shall be subjected to the test at the point where it is clamped to the drain. Section P is amended to read as follows: P Testing. Reduced pressure principle backflow preventers, double check valve assemblies, double detector check valve assemblies and pressure vacuum breaker assemblies shall be tested immediately after repairs or relocation and at regular intervals as required by the City cross-connection control program (article V, chapter 51 of the Code of Ordinances). Section P is amended by adding a new section P to read as follows: P Public systems. The availability of public sewer and public water to a building, lot or premises shall be determined by the City Director of Engineering. Section P is amended to read as follows: P Sewer depth. Building sewers shall be a minimum of 12 inches below grade. Section P2603 is amended by adding a new section P to read as follows: P Exterior hydrants. Exterior hydrants installed in or through the walls may be

99 installed with a copper or brass pipe nipple from the threaded female drop ear ninety degree ell to the water hydrants with an appropriate vacuum breaker. Frost-proof hydrants shall be installed when subject to freezing. Section is amended by adding a sentence to the end of the main paragraph to read as follows: Traps shall not be installed below a floor. Section P is amended by adding a sentence to the end of the main paragraph to read as follows: Thresholds shall be of sufficient width to accommodate a minimum twenty-two (22) inch door. Section P is amended by adding an exception to read as follows: Exception: Showers designed to comply with accessibility standards as applicable. Section 2709 is amended by adding a new section to read as follows: P Test for shower receptors. Shower receptors shall be tested for water tightness by filling with water to the level of the rough threshold. The drain shall be plugged in a manner so that both sides of pans shall be subjected to the test at the point where it is clamped to the drain. Section is deleted in its entirety. Section P is amended to read as follows: P Water heaters installed in garages. When required by the manufacturer s installation instructions, the ignition source of water heaters installed in garages shall be elevated to 18 inches above the garage floor. Section P is amended to read as follows: P Lawn irrigation systems. The potable water supply system to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer. A valve shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer. Section is deleted in its entirety. Section P is amended to read as follows: P Hose bibb. Hose bibbs subject to freezing shall be equipped with an accessible stop-and-waste-type valve inside the building so that they may be controlled and/or drained during cold periods.

100 Exception: Frost-proof hose bibbs installed such that the stem extends into an insulated wall. Tables P and P are amended by deleting the references Polybutylene (PB) plastic pipe and tubing as well as the corresponding standard for that material. Section P is amended to read as follows: P Under concrete slabs. Inaccessible water distribution piping under slabs shall be approved metallic pipe or metallic tubing. Section is amended to read as follows: P Underground joints. Joints in copper pipe or tube shall not be made under a concrete floor slab on grade except for repairs. Repairs shall be made using wrought-copper fittings and brazed joints. Section P is amended by adding a sentence to the end of the section to read as follows: The availability of the public sewer to the building, lot or premises shall be determined by the City Director of Engineering. Tables and are amended by adding a footnote d and c respectively to read as follows: Minimum two (2) inch DWV piping required below the first floor level. Section P is amended to read as follows: P Each horizontal drain shall be provided with a cleanout at its upper terminal. Exception: Cleanouts may be omitted on a horizontal drain less that five (5) feet in length unless such line is serving sinks or urinals. Section P is amended to read as follows: P Roof extension. All open vent pipes that extend through a roof shall be terminated at least six (6) inches above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet above the roof. Section P is amended by deleting except as provided in section P from the last sentence. Section P and figure P are deleted in their entirety. Section P is deleted in its entirety. Section P is amended by adding a new section P to read as follows: P Installation approval. The installation of air admittance valves shall not be permitted without first obtaining permission from the Building Official. The valves shall be installed in accordance with the requirements of this section and the manufacturer s

101 installation instructions. Installation plans for air admittance valve system must be submitted, in duplicate, specifically showing the location of all air admittance valves, relief vents, and vent stacks. One copy of the approved plan shall be required to remain on the jobsite until all inspections are completed. Air admittance valves shall be installed after the DWV has been tested. Section P is amended by adding a sixth prohibited trap as follows: 6. Traps for washing machines shall not be installed below the floor. Chapters 33 through 42 are deleted in their entirety. Section AG is amended to read as follows: AG101.1 General. The provisions of this appendix shall control the design and construction of swimming pools, spas, hot tubs and decorative ponds installed in or on the lot of a oneand two-family dwelling. Section AG102 is amended by adding a definition for decorative pond as follows: Decorative pond. Artificial ponds such as fish ponds, other than agricultural-type ponds and tanks, which are not used for swimming, diving or recreational bathing. Section AG105.2 is amended by amending the main paragraph to read as follows: Section AG105.2 Outdoors. Any pool, decorative pond or fountain, such as a wading pool, fishpond or fountain, located outdoors and with a depth over 24 inches must have a safety fence in compliance with section AG105.2 #1 10. Agricultural-type ponds, tanks or natural waterways are not included in this requirement. Section AG105.2 #4 is amended by adding an exception to read as follows: Exception: The horizontal members may face the outside if they are beveled in such a way so as to restrict climbing. (Ordinance 5628, sec. 19, adopted 2/19/02; Ordinance 5725, sec. 2, adopted 4/15/03; Ordinance 5977, sec. 8, adopted 3/7/06) Secs Reserved ARTICLE XIV. INTERNATIONAL ENERGY CONSERVATION CODE x * Sec Adoption of the International Energy Conservation Code The 2003 edition of the International Energy Conservation Code is hereby adopted by reference. One (1) copy shall remain on file in the office of the City Secretary. Unless deleted, amended, expanded or otherwise changed herein, all provisions of this Code shall be fully applicable and binding and of full force and effect. (Ordinance 5628, sec. 20, adopted 2/19/02; Ordinance 5977, sec. 9, adopted 3/7/06)

102 Sec Amendments, modifications, and deletions The following sections of the International Energy Conservation Code, as adopted in section above, are amended as described below: Section is amended to read as follows: Title. These regulations shall be known as the Energy Conservation Code of The City of Garland, Texas, hereinafter referred to as this Code. A new section 108 is created to read as follows: SECTION 108 WORKING HOURS Hours established. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use, including multifamily uses, shall be allowed only between 7:00 a.m. and 8:00 p.m. each day of the week. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use, including multifamily uses, shall be prohibited between 8:00 p.m. and 7:00 a.m. each day of the week Other regulations unaffected. This section does not authorize violation of any other legally establish regulation, either public or private, regulating noise nuisance to residents Exceptions. These regulations do not affect emergency work being done to secure a structure or to reestablish utility service to a structure Variance. The Director of Health, in accordance with section of the Code of Ordinances of the City, may issue a permit of variance to these regulations. Section is amended by adding a second paragraph as follows: A building demonstrating envelope compliance at least 10% better than code may utilize R6 duct insulation in both supply and return air ducts in lieu of the insulation required by table Table is amended by amending footnote a to read as follows: a. For piping lengths in excess of five (5) feet exposed to outdoor air, increase the insulation thickness by 0.5 inch. Table is amended by adding footnote e as follows: e. See section (Ordinance 5628, sec. 20, adopted 2/19/02; Ordinance 5977, sec. 9, adopted 3/7/06) Secs Reserved

103 ARTICLE XV. FEE SCHEDULE Sec Schedule of fees The following fees shall be charged when issuing either combined permits or individual permits for the work shown. In the event that a permit is to be issued for work not shown below, a fee shall be charged based upon a category of work shown which most resembles the work intended. All fees will be rounded to the closest dollar amount, with 1-49 cents rounded down and cents rounded up to the next dollar. The permit fees listed may be doubled if work is started prior to the permit being issued. Permit Processing Fee: A permit processing fee shall be assessed on each permit application and contractor registration, and shall be payable at the time a permit application or contractor registration is filed with the Building Inspection Department. The permit processing fee shall be in an amount equal to twenty-five percent (25%) of the permit fee for the particular permit being sought, or twenty-five percent (25%) of the contractor registration fee, as applicable, but in no instance shall the fee be less than fifteen dollars ($15.00). This processing fee is nonrefundable. Plan Revision/Plan Restamping Fee: $30.00 per hour ($30.00 minimum) Residential Construction: SFR New: $0.29 Per square foot of habitable space plus $0.12 per square foot for garage, but in no case less than $ (includes mechanical, electrical and plumbing fees) $30.00 Sidewalk adjacent to public or private street (if applicable) $30.00 Per approach $35.00 Fence (if applicable) $15.00 Temporary water service $10.00 Sewer service connection fee $50.00 Stormwater plan review Plus applicable water meter fee, water/roadway impact fees, fire sprinkler fees, etc. SFR Addition (including attached accessory building, detached accessory building 400 square feet or larger, and/or garage not constructed at time of the main building): $0.29 per square foot, but in no case less than $ (includes mechanical, electrical and plumbing fees)

104 SFR Repair, alteration or remodeling (including, but not limited to, garage conversions and fire repairs): $5.00 For every $1,000 of valuation, minimum $50.00, maximum $ $40.00 Mechanical (if applicable) $40.00 Electrical (if applicable) $40.00 Plumbing (if applicable) SFR Miscellaneous $50.00 Carport not constructed at the time of the main building $50.00 Fireplace $40.00 Wood burning stove $55.00 Ham antenna $50.00 Rebrick, stucco, etc. of house $30.00 Improved parking surface (new or replace driveway) $30.00 Detached storage building and patio cover up to 144 square feet $55.00 Detached storage building and patio cover more than 144 square feet but less than 400 square feet $30.00 Sidewalk adjacent to public or private street $30.00 Per approach $35.00 Fence $50.00 Retaining wall requiring a permit $30.00 Foundation repair $30.00 Demolition $35.00 Minimum for subdivision screening wall plus $0.25 per linear foot $40.00 Mechanical (heating and air conditioning) $40.00 Electrical $40.00 Plumbing (includes water heater replacement and sprinkler systems)

105 $35.00 Temporary utility inspection Multi-Family Construction: Multi-Family New: $ Per unit (including common noncommercial areas, such as laundry rooms; includes mechanical, electrical and plumbing fees) $75.00 Per unit for garages/carports $55.00 Per structure for electrical on garages/carports $50.00 Sidewalk adjacent to public or private street (if applicable) $50.00 Per approach $60.00 Fence $35.00 Temporary utility inspection, per inspection (electric or gas), per building Additional fees (meter fees, impact fees, pro-rata fees, fire sprinkler fees, etc.) may apply, depending on scope of project. Multi-Family Additions: $ per unit (including common areas; includes mechanical, electrical and plumbing fees) Additional fees (meter fees, impact fees, pro-rata fees, fire sprinkler fees, etc.) may apply, depending on scope of project. Multi-Family repairs, alterations and/or remodeling (including re-roofs): $ Per unit, exclusive of mechanical, electrical and plumbing fees $40.00 Mechanical, per unit (if applicable) $40.00 Electrical, per unit (if applicable) $40.00 Plumbing, per unit (if applicable) Multi-Family Miscellaneous Permit Fees: $ Miscellaneous building permit fees $40.00 Mechanical (per unit, minimum $80.00)

106 $40.00 Electrical (per unit, minimum $80.00) $40.00 Plumbing (per unit, minimum $80.00) includes water heater replacements and sprinkler systems $60.00 Retaining wall requiring a permit $35.00 Minimum for subdivision screening wall plus $0.25 per linear foot $50.00 Sidewalk adjacent to public or private street $50.00 Per approach $60.00 Fence $75.00 Paving repair/replacement $ New parking lot, parking lot expansion Commercial: Commercial New building (Structure only, additional fees may apply) $0.29 per square foot for the first 30,000 square feet, plus $0.15 per square foot for each square foot over 30,000, no less than $ (includes mechanical, electrical and plumbing fees) Additional fees (meter fees, impact fees, pro-rata fees, fire sprinkler fees, etc.) may apply, depending on scope of project. Commercial Shells or canopies: $0.15 per square foot for the first 30,000 square feet, plus $0.09 per square foot for each square foot over 30,000, no less than $ (includes mechanical, electrical and plumbing fees). Additional fees (meter fees, impact fees, pro-rata fees, fire sprinkler fees, etc.) may apply, depending on scope of project. Commercial Interior completions, major repairs, remodeling or alterations: $0.16 per square foot for the first 30,000 square feet, plus $0.10 per square foot for each square foot over 30,000, no less than $ (plus mechanical, electrical and plumbing fees) $60.00 Mechanical (if applicable) $60.00 Electrical (if applicable) $60.00 Plumbing (if applicable)

107 $75.00 Reroof $60.00 Fence Additional fees (meter fees, impact fees, pro-rata fees, fire sprinkler fees, etc.) may apply, depending on scope of project. Commercial Miscellaneous: $50.00 Sidewalk adjacent to public or private streets $50.00 Per approach $50.00 Demolition $ Cell antenna monopole $35.00 Satellite $ Fire sprinkler system with building permit $60.00 Mechanical $60.00 Electrical $60.00 Plumbing (includes irrigation systems) $50.00 Minimum for screening wall plus $0.25 per linear foot $75.00 Paving repair/replacement $ New parking lot, parking lot expansion $ Grading $ Foundation only $75.00 Temporary batch plant (fee due upon each 90-day renewal) $75.00 Temporary shipping container (per unit) $35.00 Temporary utility inspection $60.00 Retaining wall requiring a permit Signs: Signs New, repair or reface attached or detached:

108 $ Up to 50 square feet $ to 100 square feet $ to 200 square feet $ to 300 square feet $ For each additional 100 square feet above 300 Signs Banners (includes ground mounted heavier-than-air inflatables, streamers, etc.) $ Sixty day wind device, inflatables, streamers Contractor Registration registration is good for one year from the date of registration (plus applicable processing fee) $ General contractor (includes contractors who obtain permits for pools, fences, paving, structure moving, roof repair, foundation repair or general repairs) $ Mechanical contractor $ Plumbing contractor $ Irrigator contractor $ Sign contractor $ Electrical contractor Miscellaneous Permit Fees: In-ground swimming pools: Residential $ (includes electrical and plumbing) Commercial $ (includes electrical and plumbing) Aboveground swimming pools, spas and/or hot tubs: Residential $ (includes electrical and plumbing)

109 Commercial (Spas and/or hot tubs only) $ (includes electrical and plumbing) Certificate of Occupancy: $ Change of location, ownership or new business $30.00 Change of name, addendum or duplicate copy $60.00 Clean & show $ Conditional certificate of occupancy Moving: $50.00 Less than 400 square feet $ More than 400 square feet Special Event or Temporary Commercial Amusement Facility (circus, carnival, etc.): $ If not using a tent larger than 200 square feet or a canopy larger than 400 square feet. $ If using a tent larger than 200 square feet or a canopy larger than 400 square feet. Temporary Activity (public auction, stock show, commercial sporting activities, Christmas tree lot, temporary seasonal activities such as plant sales and landscaping material, etc.): $70.00 If not using a tent larger than 200 square feet or a canopy larger than 400 square feet. $ If using a tent larger than 200 square feet or a canopy larger than 400 square feet. Temporary Sales (5 consecutive days per month; permit must be issued to certificate of occupancy holder): $40.00 If not using a tent larger than 200 square feet or a canopy larger than 400 square feet. $ If using a tent larger than 200 square feet or a canopy larger than 400 square feet. Reinspection Fees: $50.00 Single re-fee

110 $ Double re-fee $50.00 Single stormwater re-fee $ Double stormwater re-fee After Hours Inspection: Board Fees: $ per hour, $ minimum $ Building & Fire Code Board, nonrefundable $ Plumbing & Mechanical Board, nonrefundable $ Electrical Board, nonrefundable $ Board of Adjustment Residential, nonrefundable $ Board of Adjustment Nonresidential, nonrefundable Request for Public Information: The charge for providing public information under this section shall comply with the cost provisions contained within subchapter F of the Public Information Act, Texas Government Code sections , and the cost regulations as promulgated by the Office of the Attorney General and contained with title 1, Texas Administrative Code, section Other Fees: Water and roadway impact fees are assessed by the Planning Department, but paid for in the Building Inspection Department. Water impact fees do not include water meter fees. Pro rata fees are paid for in the Engineering Department (972) Sewer tap fees are assessed by the Water Department, but paid for in the Building Inspection Department. Refunds: In the event of abandonment or discontinuance of work for which a permit has been issued, a refund by the city of certain portions of the permit fee shall be made; provided, however, that a written request is made by the person or firm who paid the fee; and provided, that the written request is delivered, along with the original receipt to the office of the Building Official within sixty (60) days of the date of abandonment or discontinuance of the work. The portion of the fee to be refunded shall be in accordance with the schedule shown below, where the portion of the fee to be refunded shall be based upon the point to which the work has progressed prior to abandonment or discontinuance, as determined from City inspection records. For the purpose of determining the refundable portion of the fee for combined and individual building

111 permits and for swimming pool permits, the term first inspection shall mean any building foundation inspection, pool steel inspection or plumbing rough-in inspection. Similarly, the term second inspection shall mean any building framing inspection, plumbing top-out inspection, electrical rough-in inspection or mechanical system duct inspection. (1) Residential, apartment and commercial building permits; both combined and individual swimming pool permits: Time at Which Work is Abandoned or Discontinued Percentage of Fee to be Refunded Following issuance of permit, but prior to any first inspection 75% Following any first inspection, but prior to any second inspection 50% Following any second inspection, but prior to any final inspection 25% Following any final inspection No Refund (2) Subcontractor permits and miscellaneous permits other than swimming pools: Time at Which Work is Abandoned or Discontinued Percentage of Fee to be Refunded Following issuance of permit, but prior to any inspection 50% Following any inspection No Refund (3) Certificates of Occupancy: Time at Which Refund is Requested Percentage of Fee to be Refunded Prior to any inspection 75% Following one (1) inspection, by any department 50% Following two (2) inspections by any department No Refund Payment Required: No permit required by chapter 30, article I, of this Code and by the International Building Code shall be issued until the fee prescribed by chapter 30, article I, of this Code has been paid, nor shall an amendment to a permit be approved until any additional fee required by such amendment has been paid.

112 (Ordinance 5628, sec. 21, adopted 2/19/02; Ordinance 5666, sec. 6, adopted 9/17/02; Ordinance 5704, sec. 1, adopted 2/4/03; Ordinance 5763, sec. 1, adopted 9/2/03; Ordinance 5847, sec. 7, adopted 9/7/04; Ordinance 5977, sec. 10, adopted 3/7/06; Ordinance 6260, sec. 12, adopted 9/2/08; Ordinance 6350, sec. 4, adopted 9/1/09) i* State law references Building and Residential Codes, V.T.C.A., Local Government Code, sec et seq.; adoption of rehabilitation codes or provisions, V.T.C.A., Local Government Code, sec ; International Building Code adopted as municipal commercial building code, V.T.C.A., Local Government Code, sec ii* State law reference Authority of municipality to regulate dangerous and substandard structures, V.T.C.A., Local Government Code, sec et seq. iii* Editor s note Section 4 of Ordinance 5977, adopted March 7, 2006, amended article III in its entirety. Former article III derived from Ordinance 4103, sec. 1, adopted June 2, 1987; Ordinance 4138, sec. 1, adopted October 6, 1987; Ordinance 4427, sec. 1, adopted June 5, 1990; Ordinance 4619, sec. 12, adopted August 25, 1992; Ordinance 4849, sec. 3, adopted March 7, 1995; Ordinance 4683, sec. 1, adopted June 1, 1993; Ordinance 4986, sec. 1, adopted June 18, 1996; Ordinance 5454, secs. 1 11, adopted April 4, 2000; Ordinance 5628, sec. 9, adopted February 19, State law references National Electrical Code adopted as municipal residential and commercial electrical code, V.T.C.A., Local Government Code, sec ; Texas Electrical Safety and Licensing Act, V.T.C.A., Occupations Code, ch iv* Editor s note Section 5 of Ordinance 5977, adopted March 7, 2006, amended article IV in its entirety. Former article derived from Ordinance 4174, sec. 2, adopted January 19, 1988; Ordinance 4307, sec. 1, adopted February 21, 1989; Ordinance 4560, sec. 1, adopted February 4, 1992; Ordinance 4849, sec. 1, adopted March 7, 1995; Ordinance 4884, sec. 1, adopted July 11, 1995; Ordinance 5373, sec. 1, adopted June 1, 1999; and Ordinance 5628, sec. 10, adopted February 19, v* Editor s note Section 6 of Ordinance 5977 adopted March 7, 2006, amended article V in its entirety. Former article V derived from Ordinance 4174, sec. 2, adopted January 19, 1988; Ordinance 4307, sec. 2, adopted February 21, 1989; Ordinance 4560, sec. 2, adopted February 4, 1992; Ordinance 4849; sec. 2, adopted March 7, 1995; Ordinance 4884, sec. 2, adopted July 11, 1995; Ordinance 5372, sec. 1, adopted June 1, 1999 and Ordinance 5628, sec. 11, adopted February 19, State law reference Adoption of plumbing codes and amendment of codes by municipality, V.T.C.A., Occupations Code, sec vi* Editor s note Article VI, prior to May 2, 1989, derived from Ordinance 584, secs. 1 9, adopted November 1, 1955; Ordinance 624, sec. 1, adopted September 4, 1956; Ordinance 1102, adopted February 19, 1963; Ordinance 2222, secs. 1, 2, January 16, 1973; Ordinance 2630, sec. 1, November 4, 1975; Ordinance 3130, sec. 1, November 20, 1979; Ordinance 3454, sec. 2, September 21, 1982; and Ordinance 3977, sec. 1, adopted May 6, State law reference Authority of municipality to regulate signs, V.T.C.A., Local Government Code, ch vii* State law reference Authority of home-rule municipality to regulate movement of building on streets, V.T.C.A., Transportation Code, sec viii* Editor s note Ordinance 6362 adopted by the city on October 20, 2009, amended article VIII in its entirety, which article derived from ordinances 4243, sections 1 and 2, adopted 10/4/88, 4558, section 4, adopted 2/4/92, 4847, section 5, adopted 3/7/95, 4883, section 4, adopted 7/11/95, 5371, section 4, adopted 6/1/99, and 5628, sections 14 and 15, adopted 2/19/02. Prior to the adoption of Ordinance 6362, former article VIII, pertaining to swimming pools was deleted by Ordinance 5371, section 3, adopted 6/1/99. ix* State law reference Building and Residential Codes, V.T.C.A., Local Government Code, sec et seq. x* State law reference Adoption of building energy efficiency standards, V.T.C.A., Health and Safety Code, sec