HomeMy WebLinkAboutORD 07-017 ORDINANCE NO. 07-017
ENTITLED AN ORDINANCE AMENDING CHAPTER 6, ARTICLE I,
SECTION 6-4; ARTICLE II, SECTION 6-21; ARTICLE III, DIVISION 1,
SECTION 6-29; ARTICLE IV, DIVISION 1, SECTION 6-51, DIVISION 3,
SECTION 6-80, AND DIVISION 4, SUBSECTION 6-100(a); AND
REPEALING CHAPTER 6, ARTICLE I, SECTIONS 6-1 AND 6-2;
ARTICLE IV, DIVISION 1, SECTION 6-60, DIVISION 3, SUBSECTIONS
6-80(a) and (b), SECTIONS 6-81 THROUGH 6-90, AND DIVISION 4,
SUBSECTIONS 6-100(b) and (c); OF THE CODE OF ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
WHEREAS, the City of Beaumont endeavors to maintain a clear,
comprehensible, and cohesive Code of Ordinances; and,
WHEREAS, the City is therefore revising its Code to comport with current law
and court interpretation;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
That Chapter 6, Article I, Sections 6-1 and 6-2 be and the same are hereby
repealed.
Section 2.
That Chapter 6, Article I, Section 6-4 be and the same is hereby amended to
read as follows:
Sec. 6-4. Contractor's bond requirements.
No person or corporation acting as a contractor may perform construction
work without first having obtained a bond from the City of Beaumont. Nothing in
this code shall be construed to require a person to obtain a bond or license to do
any work himself on his own residence which is owned and occupied as his
homestead. This individual shall be present for all inspections by the City.
[The contractor's bond requirements shall be as follows:]
Building contractor's bond ...................... .......... $15,000.00
Roofing contractor's bond ...................... .......... 5,000.00
Driveway and sidewalk contractor's bond ......... 2,000.00
Section 3.
That Chapter 6, Article II, Section 6-21 be and the same is hereby
amended to amend Sections 106.1, 108.2, 111.4, 907.2.1 through 907.2.11,
1803, 1813, and 3408 of the International Building Code to read as follows:
Sec. 6-21. Amendments to code.
Section 106.1 is amended to read as follows:
Section 106.1 Submittal documents. Construction documents, special
inspection and structural observation programs, and other data shall be
submitted in one or more sets with each application for a permit. The
design professional shall be an architect or engineer legally registered
under the laws of this state regulating the practice of architecture or
engineering and shall affix his official seal to said drawings, specifications
and accompanying data, for the following:
(1) All Group A, E and I occupancies.
(11) Buildings and structures three stories or more high.
(III) Buildings and structures 5,000 square feet or more in area.
For all other buildings and structures, the submittal shall bear the certification of
the applicant that some specific state law exception permits its preparation by a
person not so registered.
Section 108.2 is amended to read as follows:
Section 108.2 Fee schedule.
TABLE INSET:
Total Valuation
$1,000.00 to$50,000.00 $15.75 for the first$1,000.00 plus$5.25 for each additional thousand or
fraction thereof,to and including$50,000.00.
$50,000.00 to$100,000.00 $273.00 for the first$50,000.00 plus$4.20 for each additional thousand or
fraction thereof,to and including $100,000.00.
$100,000.00 to$500,000.00 $483.00 for the first$100,000.00 plus$3.15 for each additional thousand or
fraction thereof,to and including$500,000.00.
$500,000.00 and up $1,743.00 for the first$500,000.00 plus$2.10 for each additional thousand or
fraction thereof.
Moving fee: For the moving of any building or structure, the fee shall be
$150.00.
Demolition fee: For the demolition of any building or structures, the fee
shall be $50.00.
Penalties: Where work for which a permit is required by this code is
started or completed prior to obtaining said permit, the fees herein
specified shall be doubled, but the payment of such double fee shall not
relieve any persons from fully complying with the requirements of this
code in the execution of the work nor from any other penalties prescribed
herein.
Plan checking fees: When the valuation of the proposed construction
exceeds one thousand dollars ($1,000.00) and a plan is required to be
submitted by 105.1, a plan-checking fee shall be paid to the building
official at the time of submitting plans and specifications for checking. Said
plan-checking fee shall be equal to one-half (1/2) of the building permit
fee. Such plan-checking is in addition to the building permit fee.
Section 111.4 is hereby added to read as follows:
Section 111.4 Temporary service. Temporary electrical service may be
supplied to a building that is under construction after the owner of the
building and the general contractor make such request on a form provided
by the building official. The temporary service shall be provided for a
period not to exceed three (3) months. Ten (10) days written notice shall
be provided to the owner or occupant that the electrical service will be
disconnected unless permanent approval or an additional temporary
permit has been issued. The building official shall then issue written
instructions to the electricity provider to disconnect the temporary
electrical service. A letter addressed to 'occupant," at the address of the
temporary service, shall be deemed as sufficient to notify the owner if the
name and address of the owner are not known.
Reference to Sections 907.2.1 through 907.2.11 is amended to read as
follows:
Sections 907.2.1 through 907.2.11 are deleted from the International
Building Code and are referenced in the International Fire Code.
Section 1803 of the International Building Code is amended by adding
thereto the following subsection:
Section 1803.7.1 Open pit excavations.
(1) Definitions:
(a) Person. As defined in section 1-2 of the Code of Ordinances.
(b) Borrow pit. The pit, hole, or depression created by any
excavation of dirt, sand, stone, or other earth material.
(2) Except as provided in subparagraph (3) hereof, no person shall dig,
excavate, remove, or cause to be dug, excavated, or removed, any
dirt, clay, rock, or other material below the surface of the ground
without having first obtained an excavation permit in accordance
with the provisions of this subsection. Any excavations in violation
of this subsection are hereby declared to be public nuisances.
(3) This subsection shall not be applicable to excavation for foundation
purposes, where a building permit has been properly applied for
and granted in accordance with the International Building Code;
provided, however, if the construction for which a building permit
had been granted should be abandoned or delayed for a period
longer than one hundred eighty (180) days, any pit excavated shall
be required to conform to the provisions of subparagraphs (5), (6)
and (10) of this subsection. This subsection shall not be applicable
to excavations of drainage ditches, canals, or similar facilities.
(4) Each application for an excavation permit shall be in writing, on a
form provided for that purpose by the city engineer, stating the
purpose of the proposed excavation of the land upon which the
excavation is to be done, and the names of all owners of the land
upon which the proposed excavation is to be done, and of all
owners of land lying within one hundred (100) feet of the proposed
excavation, and shall be accompanied by an accurate drawing
showing the location of the proposed excavation, and the
dimensions of the borrow pit to be created thereby. Each
application shall be accompanied by a permit fee of twenty-five
dollars ($25.00), which shall be refunded to the applicant if the
permit is not granted. The permit fee shall not be required of any
governmental agency, entity, or instrumentality, but all other
requirements of this subsection shall remain applicable to such
bodies.
(5) No excavation shall be made within ten (10) feet of any property
line, without the express written consent of the owner of the
adjacent property. Borrow pits shall be sloped no steeper than two
(2) feet horizontal for each one (1) foot vertical measurement. An
excavation which is conducted adjacent to roadways, easements,
drainage systems, utility lines, or other structures, shall be
conducted at an adequate distance from such facilities, as
determined by the building official, so as not to interfere with or
cause damage to such facilities.
(6) No excavation may be made upon any dedicated street or highway
right-of-way or any planned or proposed street described in the
master street plan of the city.
(7) Trucks hauling excavated material shall, insofar as possible, use
existing truck routes. Excavated materials shall not be dropped or
placed upon any public street or highway.
(8) Upon proper application as provided in subparagraph (3) hereof,
the building official shall issue an excavation permit if he is
satisfied, from competent evidence presented to him as he may
require, that the proposed excavation is consistent with the public
health, safety, and welfare, that the requirements of this subsection
will be met, and that the excavation operations will be conducted in
a manner and at a location which will supplement existing or
proposed drainage facilities of the city.
(9) If an application for an excavation permit is denied by the building
official, the applicant may within ten (10) days appeal such denial to
the Building Board of Adjustment.
(10) Upon completion of the excavation for which a permit has been
granted hereunder, but not later than one hundred eighty (180)
days after excavation has begun, a substantial fence, at least six
(6) feet in height and otherwise being in accordance with
specifications promulgated by building official, shall be erected
completely surrounding the borrow pit. Such fence shall be kept in
good repair as long as the borrow pit exists, and all gates kept
closed except as necessary for excavation and removal purposes.
If any part of a borrow pit is situated within fifty (50) feet of a
residence, the fence surrounding such pit shall be so constructed
as to prevent small children from gaining access to the borrow pit.
Section 1813 of the International Building Code is added to read as
follows:
Section 1813.
(a) General.
(1) Foundation repair work on all residential structures shall be
accomplished only by a contractor licensed and bonded by
the city to operate as a building contractor, or foundation
repair contractor, within the corporate limits of the city.
(2) A permit for each foundation repair project must be obtained
from the building official prior to beginning any actual repair
work. The fee shall be as that established by the city in
accordance with current fee schedules.
(3) A permit will be issued to the foundation repair contractor,
upon approval by the building official of documents (in three
(3) copies) submitted by the contractor containing the
following information, and payment of the scheduled fee:
a. A drawing of the complete building foundation plan,
indicating the location of the foundation failure and the
proposed corrective work.
b. A detailed description of the proposed corrective
work.
C. A copy of the proposal to the property owner with the
owner's signature indicating acceptance.
d. A copy of the submittal documents, bearing the
approval of the building official, shall be maintained at
the job site for review by the city building inspector.
e. Prior to the placement of any concrete, the contractor
shall arrange for a job site inspection by the building
inspector.
(b) Minimum standards--Reinforced concrete foundation.
(1) Holes in earth for foundation piers and footings must be free
of standing water, loose dirt, or other deleterious matter,
prior to placement of concrete.
(2) Each drilled shaft/(footing) must have as a minimum an
eighteen inch diameter shaft, or a 12-inch diameter shaft
with an eighteen inch diameter footing. In lieu of these
minimum size footings, an engineered design for this
particular project may be substituted. Engineered design
repair work shall be documented by drawings and
specifications bearing the seal and signature of a current
Texas-registered professional engineer.
(3) Minimum sized shafts/(footings) shall have a maximum
spacing of eight (8) feet for single story and six (6) feet for
two-story structures. A minimum of two (2) footing diameters
clearance shall be maintained between footings.
(4) Shafts/footings shall be founded at a minimum depth of eight
(8) inches and bearing on a firm soil of constant moisture
content.
(5) Each footing/shaft will have a maximum angle of fifteen (15)
degrees from vertical.
(6) Each shaft will contain a minimum of three (3) #5-A36
reinforcing bars for the full depth of the shaft.
(7) Each shaft (footing) must have a minimum of five (5) days
concrete (min. 2,500 psi at 28 days) curing time before
imposing jacking loads.
(8) A solid concrete block or poured in place concrete (min.
2,500 psi at 28 days) must be used to transfer the building
load to the footing after jacking.
(9) Minimum size (3"X 6N 1/4") steel shims set in two (2) rows,
a maximum of three (3) inches high, may be used to transfer
the load to the solid concrete blocks.
(10) Backfill of the excavation may consist of excavated material
or low p.i. (10-20) clay compacted to existing adjacent
conditions. Sand backfill will not be permitted except for the
top six (6) inches which may be used to level the grade.
(c) Minimum standards--Houses on piers.
(1) Minimum size concrete footing pads shall be 16N 16" X 4"
solid concrete with solid concrete block piers.
(2) Maximum height of shims shall be one and one-half (1 1/2)
inches, and shim width must equal the width of sill.
Exception: Shims on existing masonry piers may have a
maximum height of three (3) inches.
(3) All new wood sills must be treated wood, half-lap spliced and
properly nailed with two (2) treated wood splice plates. All
joints must be supported by a pier with pad footing.
Section 3408 is amended to read as follows:
Section 3408.
A. It shall be unlawful to move a building or part of a building through
or across any sidewalk, street, alley or highway within the city if the
building or part of a building was designed for residential purposes
and is to be placed on a lot in the city for residential purposes
without obtaining a residential moving permit from the building
official. A building or part of a building to be used for other than
residential purposes may not be moved through or across any
sidewalk, street or alley within the city without first obtaining a
moving permit from the building official. The application for a
residential moving permit shall be accompanied by applications for
all necessary permits required to bring these houses, buildings or
structures into compliance with the applicable building codes.
Included with the building permit application shall be a complete set
of plans showing the changes, if any, of the structure after all
contemplated improvements.
B. A residential moving permit may be obtained from the building
official if the residential structure, prior to being moved, meets the
following criteria:
1. The structure must be located in the city.
2. The appraised value of the structure, as set by the Jefferson
County appraisal district, must be a minimum of fifty (50)
percent of the average appraised value of all residential
structures on lots or tracts within four hundred feet of the
property line of the lot or tracts upon which the structure to
be moved will be placed.
3. The application for a residential moving permit must be
accompanied by an application for all necessary permits
required to bring the structure into compliance with all
applicable codes. Included with the building permit
application shall be a complete set of plans showing the
changes, if any, of the structure after all contemplated
improvements.
C. The building official, as a condition precedent to the issuance of a
residential moving permit, shall require a bond or cashier's check in
the amount of five thousand dollars ($5,000.00). Such bond or
cashier's check shall be made payable to the City of Beaumont and
shall be conditioned upon strict compliance with the terms of this
ordinance.
1. The structure will be brought into compliance with all
applicable codes and connected to water, sewer, electricity
and gas if applicable ("utilities") within ninety calendar days
after relocation to the new site. Failure to connect the
structure to utilities may result in forfeiture of the required
security and demolition of the structure. If the security is
forfeited for any reason, the city is hereby authorized to
demolish the structure and clear the lot. By signing an
application for a residential moving permit, the owner or
agent for the owner agrees that the structure may be
demolished by the city if it, becomes necessary to forfeit the
security required by this ordinance.
2. Failure or refusal to timely perform any one or more of the
requirements of this ordinance may result in the forfeiture of
the required security.
D. Appeals from the denial of a residential moving permit or a decision
to forfeit the required security by the building official shall be made
in writing to the zoning board of adjustment within ten days after the
denial of such permit. The zoning board of adjustment may reverse
the decision of the building official if the board of adjustment finds
by the concurrence of four (4) members of the board that the
structure meets the requirements set out herein for issuance of a
residential building permit.
E. Extensions of time as deemed reasonable may be granted by the
building official upon a showing of delay caused by matters beyond
the control of the owner or house mover. One thirty-day extension
may be granted by the building official.
Section 4.
That Chapter 6, Article III, Division 1, Section 6-29 be and the same is
hereby amended by adding and amending the following definitions to read as
follows:
Sec. 6-29. Definitions.
Board of Adjustment within this Article III shall refer to the City Zoning
Board of Adjustment.
Variance is a grant of relief to a person from the requirement of this article
when specific enforcement would result in unnecessary hardship. A variance,
therefore, permits construction or development in a manner otherwise prohibited
by this article. (For full requirements see 44 CFR section 60.6 of the National
Flood Insurance Program regulations.)
Violation means the failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A structure
or other development without the elevation certificate, other certifications, or
other evidence of compliance required in 44 CRF section 60.3(b)(5), (c)(4),
(c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such
time as that documentation is provided.
Section 5.
That Chapter 6, Article IV, Division 1, Section 6-51 be and the same is
hereby amended to read as follows:
Sec. 6-51. Definitions.
As used in this code the following definitions shall apply:
Approved or approval: Approved by the electrical inspector. National,
state, and city standards shall be the basis of such approval.
Conductor. A wire or cable or other form of metal suitable for carrying
electrical current or potential.
Electrical construction: All work and material used in installing,
maintaining, or extending a system of electrical wiring, and all appurtenances,
apparatus, and equipment used in connection therewith, inside of or attached to
any building or structure, lot, or premises.
Electrical contractor. Any person or firm engaged in the business of
providing and selling electrical services. He shall have a permanently established
place of business with a published telephone number. He shall hold an electrical
contractors certificate or shall employ an individual who does and carry him on
his active payroll. A master electrician may not qualify more than one contractor.
He shall be available to the inspection authority to answer any questions relating
to electrical work coming under the jurisdiction of this electrical inspection
authority.
Equipment: Conductors, materials, fittings, devices, appliances, fixtures,
signs, apparatus, motors, and the like, used as a part of or in connection with any
electrical installation.
Journeyman electrician: Any person who is employed by a person (who is
by training, experience, and education competent to lay out, design and install a
system of wiring for light, heat or power to conform to the National Electrical
Code) to do electrical work for wages and who does not furnish any materials or
supplies in the performance of his work and holds a Journeyman electrician
license.
Journeyman sign erector. Any person who is employed by a master sign
electrician to install signs for wages and who does not furnish any materials and
supplies in the performance of his work and holds a journeyman sign electrician
license.
Maintenance and repair. The act of keeping in a state of safe operating
condition any conductor or piece of equipment used inside or outside, attached
or connected to any building electrical system, by replacement of units or
elements thereof, but shall not include extensions of or additions to an existing
system or branch thereof.
Maintenance electrician: An electrician regularly employed on a
permanent basis by any person and who performs work only in the confines of
the building or in or on the premises where he is regularly employed on a
permanent basis, and who does maintenance work as defined in the paragraph
"maintenance and repair" and holds a maintenance electrician license.
Master electrician: Any person who is, by training, experience, and
education, competent to lay out, design, and install a system of wiring for light,
heat, or power, and holds a master electrician license.
Master sign electrician: Any person who is engaged in the business of
manufacturing and/or installing electric signs and holds a master sign electrician
license.
Outside electrical work: The installing, maintaining, altering, repairing, or
erecting of any electrical wiring, apparatus, devices, appliances, fixtures, or
equipment located outside of and separate from buildings and on poles, towers,
or other structures designed or constructed to be used exclusively for the support
of such electrical wiring, apparatus, devices, appliances, fixtures, or equipment
for which a permit is required under the terms of this code, except that overhead
conductors may be attached to buildings.
Section 6.
That Chapter 6, Article IV, Division 1, Section 6-60 be and the same is
hereby repealed.
Section 7.
That Chapter 6, Article IV, Division 3, Section 6-80 be and the same is
hereby amended by repealing Subsections 6-80(a) and (b) and adding new
language to read as follows:
Sec. 6-80. Registration required; false representations of registration.
A person or business may not perform or offer to perform electrical work unless
the person or business holds an appropriate license issued by the Texas
Department of Licensing and Regulation.
Section 8.
That Chapter 6, Article IV, Division 3, Sections 6-81 through 6-90 be and
the same are hereby repealed.
Section 9.
That Chapter 6, Article IV, Division 4, Section 6-11, be and the same is
hereby amended by repealing Subsections 6-100(b) and (c), amending
Subsection 100(a) and renumbering to read as follows:
Sec. 6-100. Required; to whom issued; exemption.
(a) Permits shall be issued to electrical contractors qualified to secure
permits, as set forth in this code, or to their duly authorized agent.
Electrical contractors shall certify their duly authorized agent to the chief
electrical inspector in the form of an affidavit stating that such electrical
contractor assumes all and full responsibility for any permit taken out or
applied for by such agent. This certification shall be kept on file in the
office of the Building Official.
(b) Nothing in this code shall be construed to prevent a person from doing
electrical work himself on his own residence which is owned and occupied
by him as such, so long as he complies with all of the other provisions of
this code. This exception shall be construed to mean an individual owner
(not firm, co-partnership, or corporation who actually does the labor
himself). This individual owner shall be present at the time of any electrical
inspection.
Section 10.
That if any section, subsection, sentence, clause, or phrase of this
ordinance, or the application of same to a particular set of persons or
circumstances should for any reason be held to be invalid, such invalidity shall
not affect the remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be severable.
Section 11.
That all ordinances or parts of ordinances in conflict herewith are repealed
to the extent of the conflict only.
Section 12.
That any person who violates any provision of this ordinance shall, upon
conviction be punished, as provided in Section 1-8 of the Code of Ordinances of
Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the
20th day of February, 2007.
- Mayor Guy N. Goodson -
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