HomeMy WebLinkAboutPACKET FEB 07 2017BEAUMONT
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 7, 2017 1:30 P.M.
CONSENT AGENDA
* Approval of minutes — January 31, 2017
Confirmation of committee appointments
Johnny Beatty would fill the unexpired term of Labonna Spikes on the Planning and Zoning
Commission. The term would commence February 7, 2017 and expire September 30, 2017.
(Councilmember Audwin M. Samuel)
A) Authorize the City Manager to apply for and receive funding through the Department of
Homeland Security Grant Program
B) Authorize the City Manager to apply for and, if awarded, accept funding through the
2017 Animal Friendly Grant
C) Authorize the acceptance of a ten foot (10') wide Exclusive Water Line Easement
D) Authorize the acceptance of a five foot (5') wide Exclusive Water Line Easement and a
ten foot (10') wide Exclusive Sanitary Sewer Easement
E) Authorize the City Manager to execute all documents necessary for a Memorandum of
Understanding between the Texas Forest Service (TFS) and Beaumont Fire -Rescue
Services
F) Authorize the settlement of the lawsuit styled Cynthia Faye Roberts v. City of Beaumont;
Cause No. D-198,042
G) Authorize the settlement of the lawsuit styled Keith T. Sorrell and Sheerueka R. Clark v.
City of Beaumont; Cause No. A-199,343
U
T E X A S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: February 7, 2017
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply
for and receive funding through the Department of Homeland
Security Grant Program (HSGP).
BACKGROUND
The Homeland Security Grant Program consists of a number of grant programs, one of which is
the State Homeland Security Program (SHSP). Activities implemented under SHSP must support
terrorism preparedness by building or enhancing capabilities that relate to the prevention of,
protection from, mitigation of, response to, and recovery from terrorism. The City could be
awarded up to $166,119 for terrorism preparedness with no local match required. This grant
requires that all equipment purchases be separated into specified projects based on anticipated
allocation and use. The first project is an LETPA (Law Enforcement Terrorist Prevention
Activities) Sustaining Special Response Teams Project to replace 19 laptops ($29,317) past end
of life, 26 tactical helmets ($28,600) to maintain warranted ballistic protection, 20 modular load
bearing tactical vests ($18,000) for the EMS paramedics providing tactical medic support, one
robot ($37,000) for the SWAT team to improve tactical operator safety, and one Unmanned
Aerial System with thermal imaging capability ($12,100) to support tactical, hazardous material
assessment, and other operations. The second project is an SHSP Sustaining Special Response
Teams Project to provide one Search and Rescue Boat ($41,102) which has reached its end of
service life to support the Beaumont Fire and Rescue Department.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the CITY COUNCIL finds it in the best interest of the citizens of Beaumont, that the
LETPA (Law Enforcement Terrorist Prevention Activities) Sustaining Special Response
Teams Project for the Police Department and the Sustaining Special Response Teams
Project for the Fire Department be operated for fiscal year 2017; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to apply for and receive funding in an amount up to $166,119 from the
Department of Homeland Security Grant Program (HSGP) through the Office of the
Governor, Homeland Security Grant Division for fiscal year 2017; and,
BE IT FURTHER RESOLVED THAT in the event of loss or misuse of the 2017
Homeland Security Grant Program funds, the City of Beaumont assures that funds will be
returned in full to the Office of the Governor, Homeland Security Grant Division; and,
BE IT ALSO RESOLVED THAT the City Manager be and he is hereby designated
as the authorized official to execute all documents necessary to apply for and accept
grant funding from the Department of Homeland Security Grant Program (HSGP) through
the Office of the Governor, Homeland Security Grant Division in the amount up to
$166,119 for the purposes described herein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
February, 2017.
- Mayor Becky Ames -
BEAUMONT
T E X A S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager
MEETING DATE: February 7, 2017
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply
for and, if awarded, accept funding through the 2017 Animal
Friendly Grant.
BACKGROUND
The Texas Health and Human Services Commission, on behalf of the Department of State Health
Services, is offering grant funding to help public and private entities provide low or no -cost spay
or neutering services to the general public.
The City is applying for $40,000 to use over a two-year period. If awarded funding, the City plans
to work with our contracted veterinarian to provide reduced or no -cost spay or neutering services
to the general public. The criteria for this program would be established if the grant funding is
received.
Grants awarded under this program will be funded on a cost reimbursement basis.
The RFP is attached for your review.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and accept funding
in the amount of $40,000 through the Texas Health and Human Services Commission
2017 Animal Friendly Grant to assist public and private entities in providing low or no -
cost spay or neutering services to the general public; and,
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to
execute all documents necessary to apply for and accept said funding.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
February, 2017.
- Mayor Becky Ames -
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director , 7fl
MEETING DATE: February 7, 2017
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten
foot (10') wide Exclusive Water Line Easement.
BACKGROUND
Furniture Acquisition — Brat Ltd. has agreed to convey a ten foot (10') wide exclusive Water Line
Easement described as being a 0.2698 acre tract situated in the H. Williams League, Abstract No.
56. The easement is for the construction of a new furniture store located at 6055 Folsom Drive.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, Furniture Acquisition-Bmt, Ltd. has agreed to convey one (1) ten foot
(10') wide exclusive water line easement, said easement being a 0.2698 acre tract
situated in the H. Williams League, Abstract No. 56 as described and shown in Exhibit
"1," attached hereto, to the City of Beaumont for the construction of a new furniture
store located at 6055 Folsom Road; and,
WHEREAS, the City Council has considered the purpose of said conveyance
and is of the opinion that the acceptance of said conveyance is necessary and desirable
and that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT one (1) ten foot (10') wide exclusive water line easement conveyed by
Furniture Acquisition-Bmt, Ltd., being a 0.2698 acre tract situated in the H. Williams
League, Abstract No. 56 as described and shown in Exhibit 1," attached hereto, be and
the same is hereby, in all things, accepted for the stated purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
February, 2017.
- Mayor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, FURNITURE ACQUISITION — BMT, LTD., a Texas limited partnership,
hereinafter called "GRANTOR", whether one or more, for and in consideration of the sum of
ONE AND NO/100 DOLLAR ($1.00), and other good and valuable consideration to us in hand
paid by the CITY OF BEAUMONT, a municipal corporation domiciled in Jefferson County,
Texas, hereinafter called "GRANTEE", the receipt and sufficiency of which consideration is
hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents does
GRANT, SELL and CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont,
Texas 77704, Jefferson County, Texas, its successors and assigns, a Water Line Easement and
the exclusive right to construct, alter, and maintain said waterlines and appurtenances on the
hereinafter described lands which said easement is under, over, in and across those certain tracts
or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and
being more particularly described in Exhibits "A & B", attached and made a part hereof for all
purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and
appurtenances, and the following rights are also hereby conveyed collectively, the "Easement
Rights".
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the tracts of land hereinbefore described and use of the same for the
EXHIBIT 1"
purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate
the same as permitted by law.
GRANTOR agrees not to place any structures or appurtenances within the Easement
Property that will interfere with Grantee's ability to exercise the Easement Rights.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures within the Easement Property.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of , 2017.
GRANTOR:
FURNITURE ACQUISITION — BMT, LTD.
a Texas limited partnership
By: Howell's Furniture Management, LLC
a Texas limited company,
its general partner
LIM
T. B. Schwaab, Manager
GRANTEE:
CITY OF BEAUMONT
BY:
Name: Kyle Hayes
Title: City Manager
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on this day of , 2017,
by T. B. Schwaab, Manager of Howell's Furniture Management, a Texas limited liability
company, general partner of Furniture Acquistion — Bmt, Ltd., a Texas limited partnership, on
behalf of said limited partnership.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this - day of ,
2017, by Kyle Ham, Cityanag of the City of Beaumont, a municipal corporation domiciled
in Jefferson County, Texas, on behalf of said municipal corporation.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
EXHIBIT "A"
Legal Description: 0.2698 Acre Waterline Easement
H. Williams League, Abstract No. 56
Beaumont, Jefferson County, Texas
BEING a 0.2698 acre waterline easement situated in the H. Williams League, Abstract No. 56,
Beaumont, Jefferson County, Texas and being out of and part of the remainder of that certain
called 5.8021 acre tract or parcel of land as described in ' a "Special Warranty Deed" from
Broussard's Mortuary, Inc. to Furniture Acquisition — Bmt Ltd. as recorded in Clerk's File No.
2003030177, Official Public Records of Real Property, Jefferson County, Texas, said 0.2698
acre easement being more particularly described as follows:
NOTE. All bearings are referenced to the West line of the 4.6493 acre
Hillebrandt Development tract as SOUTH 00°3828 EAST as recorded in Clerk's
File No. 2014038547, Official Public Records of Real Property, Jefferson County,
Texas.
BEGINNING at a 5/8" iron rod with cap stamped "M.W. Whiteley" found for the Northeast
corner of the remainder of the said 5.8021 acre Furniture Acquisition — Bmt Ltd. tract and the
Northwest corner of that certain called 0.7039 acre tract or parcel of land as described in a
"Special Warranty Deed" from Furniture Acquisition — Bmt, Ltd. to Hillebrandt Development as
recorded in Clerk's File No. 2016020424, Official Public Records of Real Property, Jefferson
County, Texas and also being in the South right of way line of Folsom Road (based on a width of
100 feet);
THENCE SOUTH 00°38'11 " EAST, along and with the boundary between the remainder of the
said 5.8021 acre Furniture Acquisition — Brat Ltd. tract and the said 0.7039 acre Hillebrandt
Development tract, for a distance of 307.11 feet to an 5/8" iron rod with cap stamped "M.W.
Whiteley" found for the Southwest corner of the said 0.7039 acre Hillebrandt Development tract
and an interior ell corner of the remainder of the said 5.8021 acre Furniture Development tract;
THENCE NORTH 89°24'17"EAST, along and with the boundary between the said 0.7039 acre
Hillebrandt Development tract and the remainder of the said 5.8021 acre Furniture Acquisition —
Bmt Ltd. tract, for a distance 5.00 feet to a point for corner;
THENCE SOUTH 00°38'11" EAST, over and across the remainder of the said 5.8021 acre
Furniture Acquisition — Brat Ltd. tract, for a distance 210.42 feet to a point for corner;
THENCE SOUTH 73007'23" WEST, over and across the remainder of the said 5.8021 acre
Furniture Acquisition — Bmt Ltd. tract, for a distance 223.82 feet to a point for corner, said point
being in the common boundary line of the remainder of the said 5.8021 acre Furniture
Acquisition — Bmt Ltd. tract and that certain called 300.0 acre tract or parcel of land, identified
as "Tract I", as described in a "Conveyance" from Amoco Production Company to Jefferson
County Drainage District No. 6 as recorded in Film Code No. 104-01-0353, Official Public
Records of Real Property, Jefferson County, Texas;
Exhibit "A"
MARK W. WHITELEY & ASSOCIATES, INC.
THENCE NORTH 16054'46" WEST, along and with the boundary between the remainder of
the said 5.8021 acre Furniture Acquisition Bmt Ltd. tract and the said 300.0 acre Jefferson
County Drainage District No. 6 tract, for a distance of 563.61 feet to a point for corner;
THENCE NORTH 04015'02" WEST, over and across the remainder of the said 5.8021 acre
Furniture Acquisition — Bmt Ltd. tract, for a distance 42.72 feet to a point for corner, said point
being in the South right of way line of Folsom Road (based on a width of 100 feet);
THENCE NORTH 89054'34" EAST, along and with the South right of way line of Folsom
Road, for a distance of 10.03 feet to a point for corner;
THENCE SOUTH 04015'02" EAST, over and across the remainder of the said 5.8021 acre
Furniture Acquisition — Bmt Ltd. tract, for a distance 40.88 feet to a point for corner;
THENCE SOUTH 16054'46" EAST, over and across the remainder of the said 5.8021 acre
Furniture Acquisition — Bmt Ltd. tract, for a distance 552.51 feet to a point for corner;
THENCE NORTH 73007'23" EAST, over and across the remainder of the said 5.8021 acre
Furniture Acquisition — Bmt Ltd. tract, for a distance 206.33 feet to a point for corner;
THENCE NORTH 00°38'11" WEST, over and across the remainder of the said 5.8021 acre
Furniture Acquisition — Bmt Ltd. tract, for a distance 510.07 feet to a point for corner, said point
being in the South right of way line of Folsom Road;
THENCE NORTH 89054'34" EAST, along and with the South right of way line of Folsom
Road, for a distance 5.00 feet to the POINT OF BEGINNING and containing 0.2698 Acres,
more or less.
This legal description is being submitted along with a plat based on this survey.(SEE EXHIBIT
TZ
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8
Thomas S. Rowe, RPLS No. 5728 ° FTHIOMAS S.-ROWS
TBPLS Firm No.: 10106700
W:2016\16-1673\16-1673 WATERLINE EASEMENT 2 m&b.DOC
Exhibit "A"
Page 2 of 2
MARK W. WHITELEY & ASSOCIATES, INC.
FOLSOM ROAD
o (100' R.O.W.)
all FND SCRIBED "X" L3
IN HEAD WALL FND N89'54'34"E 380.35'
N �
PROPOSED 0.2698 ACRE
WATERLINE EASEMENT
CALLED 300.0 ACRES
L1
TRACT 1
5.00'
JEFFERSON COUNTY DRAINAGE
N
DISTRICT NO. 6
Z
FC. NO. 104-01-0353
6'
OPRJC
�0
40.88'
o T
N89'54'34"E
5.00'
to
s
"B"
EXHIBIT
REFER TO EXHIBIT "A"
FOR LEGAL DESCRIPTION
NOTE:
1. THE WORD CERTIFY IS UNDERSTOOD TO BE AN
EXPRESSION OF PROFESSIONAL JUDGMENT BY THE
SURVEYOR, WHICH IS BASED ON HIS BEST
KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN
THE COURSE OF HIS PERFORMING THE SURVEY IN
COMPLIANCE WITH THE STANDARDS OF PRACTICE
REQUIRED AND PROMULGATED BY THE TEXAS
BOARD OF PROFESSIONAL LAND SURVEYORS AND
THE TEXAS SOCIETY OF PROFESSIONAL
SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A
GUARANTEE NOR A WARRANTY, EXPRESSED OR
IMPLIED.
2. EASEMENT PREPARED BASED ON A SURVEY
PERFORMED BY MARK W. WHITELEY AND
ASSOCIATES DATED SEPTEMBER 15, 2016. FIELD
WORK WAS PERFORMED DECEMBER 18, 2015.
3. ALL BEARINGS ARE REFERENCED TO THE WEST
LINE OF THE SAID 4.6493 ACRE HILLEBRANDT
DEVELOPMENT TRACT AS SOUTH 00'38'28' EAST
AS RECORDED IN CLERK'S FILE NO. 2014038547,
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY,
JEFFERSON COUNTY, TEXAS.
REMAINDER OF
CALLED 5.8021 ACRES
FURNITURE ACQUISITION -BMT LTD
CF NO. 2003030177
OPRJC
33.
1301'23
N o01,23�1W 223 a2
513
FND 5/8' I. ROD
W/CAP STAMPED
"RPLS 3636"
TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY.
I. THOMAS S. ROWS DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
MADE ON THE SURFACE OF THE GROUND OF THE PROPS
�� ESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS F
OF THE SURVEY. b ___.�_ Tc��
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LINE BEARING DISTANCE
L1
N89'24'17"E
5.00'
L2
N04'15'02"W
42.72'
L3
N89'54'34"E
10.03'
L4
SO4'15'02"E
40.88'
L5
N89'54'34"E
5.00'
WATERLINE EASEMENT
HEZEKIAH WILLIAMS LEAGUE
ABSTRACT NO. 56
JEFFERSON COUNTY, TEXAS
0R BY: SAW SCALE SHEET No.:
VER: ACAO 2017 1 "=100' 1 of 1
JOB N0. I FILE: W:2016\16-1873\16-1673_
16-1673 WATERUNE EASEMENT, 11 ow0
HARK R. WBITEIZ'Y
AND ASSOCIATES
M=INCORPORATED
CONSULTING ZRGDMM.
QRS. AND PLANNIM
TARLS. FM NO. I0106700 40
P. 0. IDS "a MSO 116M 1M.
BRAUN=. "FRIM -6112 ExhuCrAvmmOFSOS-171/
1:11
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director /
MEETING DATE: February 7, 2017 �!
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a five
foot (5') wide Exclusive Water Line Easement and a ten foot (10')
wide Exclusive Sanitary Sewer Easement.
BACKGROUND
Hillebrandt Development has agreed to convey a five foot (5') wide exclusive Water Line
Easement described as being a 0.0352 acre tract situated in the H. Williams League, Abstract No.
56 and a ten foot (10') wide exclusive Sanitary Sewer Easement described as being a 0.0471 acre
tract situated in the H. Williams League, Abstract No. 56. The easements are for the construction
of a new furniture store located at 6055 Folsom Drive.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, Hillebrandt Development has agreed to convey one (1) five foot (5')
wide exclusive water line easement, said easement being a 0.0352 acre tract situated in
the H. Williams League, Abstract No. 56, as described and shown in Exhibit "1,"
attached hereto, and one (1) ten foot (10') wide exclusive sanitary sewer easement,
said easement being a 0.0471 acre tract situated in the H. Williams League, Abstract
No. 56, as described and shown in Exhibit "2," attached hereto, to the City of Beaumont
for the construction of a new furniture store located at 6055 Folsom Road; and,
WHEREAS, the City Council has considered the purpose of said conveyance
and is of the opinion that the acceptance of said conveyance is necessary and desirable
and that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT one (1) five foot (5') wide exclusive water line easement conveyed by
Hillebrandt Development, being a 0.0352 acre tract situated in the H. Williams League,
Abstract No. 56, as described and shown in Exhibit "1," attached hereto, and one (1) ten
foot (10') wide exclusive sanitary sewer easement, being a 0.0471 acre tract situated in
the H. Williams League, Abstract No. 56, as described and shown in Exhibit "2,"
attached hereto, be and the same is hereby, in all things, accepted for the stated
purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
February, 2017.
- Mayor Becky Ames -
STATE OF TEXAS X
COUNTY OF JEFFERSON X
KNOW ALL MEN BY THESE PRESENTS:
WATER LINE EASEMENT
THAT, MLLEBRANDT DEVELOPMENT., a Texas joint venture, hereinafter called
"GRANTOR", whether one or more, for and in consideration of the sum of ONE AND N0/100
DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY
OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter
called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged,
has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and
CONVEY unto the CITY OF BEAUMONT, P. O. Box 3827, Beaumont, Texas 77704,
Jefferson County, Texas, its successors and assigns, a Water Line Easement and the exclusive
right to construct, alter, and maintain said waterlines and appurtenances on the hereinafter
described lands which said easement is under, over, in and across those certain tracts or parcels
of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and being
more particularly described in Exhibits "A & B", attached and made a part hereof for all
purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing water lines and
appurtenances, and the following rights are also hereby conveyed collectively, the "Easement
Rights".
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the tracts of land hereinbefore described and use of the same for the
EXHIBIT 1"
purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate
the same as permitted by law.
GRANTOR agrees not to place any structures or appurtenances within the Easement
Property that will interfere with Grantee's ability to exercise the Easement Rights.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures within the Easement Property.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of , 2017.
GRANTORr
HILLEBRANDT DEVELOPMENT,
a Texas joint venture
BY: Parigi Property Management, Ltd.,
a Texas limited partnership, joint venture
and Managing Agent
BY: Parigi Investments, Inc.,
a Texas corporation, general partner
Sam C. Parigi, Jr., Its President
GRANTEE:
CITY OF BEAUMONT
By:
Name: Kyle Hayes
Title: City Manager
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on this the day of ,
2017, by Sam C. Parigi, Jr., President of Parigi Investments, Inc., a Texas corporation, on behalf
of said corporation, general partner on behalf of Parigi Property Management, Ltd., a Texas
limited partnership, joint venture and Managing Agent on behalf of Hillebrandt Development, a
Texas joint venture.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this day of ,
2017, by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation domiciled
in Jefferson County, Texas, on behalf of said municipal corporation.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
EXHIBIT "A"
Legal Description: 0.0352 Acre Waterline Easement (5 foot wide)
H. Williams League, Abstract No. 56
Beaumont, Jefferson County, Texas
BEING a 0.0352 acre waterline easement situated in the H. Williams League, Abstract No. 56,
Beaumont, Jefferson County, Texas and being out of and part of that certain called 0.7039 acre
tract or parcel of land as described in a "Special Warranty Deed" from Furniture Acquisition —
Bmt, Ltd. to Hillebrandt Development as recorded in Clerk's File No. 2016020424, Official
Public Records of Real Property, Jefferson County, Texas, said 0.0352 acre easement being more
particularly described as follows:
NOTE: All bearings are referenced to the West line of the 4.6493 acre
Hillebrandt Development tract as SOUTH 00°38'28 EAST as recorded in Clerk's
File No. 2014038547, Oficial Public Records of Real Property, Jefferson County,
Texas.
BEGINNING at a 5/8" iron rod with cap stamped "M.W. Whiteley" found for the Northwest
corner of the said 0.7039 acre Hillebrandt Development tract and the Northeast corner of the
remainder of that certain called 5.8021 acre tract or parcel of land as described in a "Special
Warranty Deed" from Broussard's Mortuary, Inc. to Furniture Acquisition — Bmt Ltd. as
recorded in Clerk's File No. 2003030177, Official Public Records of Real Property, Jefferson
County, Texas and also being in the South right of way line of Folsom Road (based on a width of
100 feet);
THENCE NORTH 89054'48" EAST, along and with the South right of way line of Folsom
Road, for a distance of 5.00 feet to a point for corner;
THENCE SOUTH 00038'11" EAST, over and across the said 0.7039 acre Hillebrandt
Development tract, for a distance of 307.06 feet to a point for corner, said point being in the
common boundary line of the said 0.7039 acre Hillebrandt and the remainder of the said 5.8021
acre Furniture — Bmt Ltd. tract;
THENCE SOUTH 89024'l 7" WEST, along and with the boundary between the said 0.7039 acre
Hillebrandt Development tract and the remainder of the said 5.8021 -acre Furniture Acquisition —
Bmt Ltd. tract, for a distance 5.00 feet to a 5/8" iron rod with cap stamped "M.W. Whiteley" for
the Southwest corner of the said 0.7039 acre Hillebrandt Development tract and also being an
interior ell corner of the remainder of the said 5.8021 acre Furniture Acquisition — Bmt Ltd. tract;
Exhibit "A"
MARK W. WHITELEY & ASSOCIATES, INC.
THENCE NORTH 00°38'11" WEST, along and with the boundary between the said 0.7039
acre Hillbrandt Development tract and the remainder of the said 5.8021 acre Furniture
Acquisition Bmt Ltd. tract, for a distance 307.11 feet to the POINT OF BEGINNING and
containing 0.0352 Acres, more or less.
This legal description is being submitted along with a plat based on this survey.(SEE EXHIBIT
«B,5)
Thomas S. Rowe, RPLS No. 5728
TBPLS Firm No.: 10106700
W:2016\16-1673\16-1673 WATERLINE EASEMENT m&b.DOC
Exhibit "A"
MARA W. WHITELEY & ASSOCIATES, INC.
N89054'48"E 5.00' FND N89'54'48"E 99.97'
FOLSOM ROAD (100' R.O.W.)
/
FND 5/8" I. ROD
PO B I I
II
W/CAP STAMPED
LJ
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SESCO"
FND 5/8" I. ROD I I'
W/CAP STAMPED
"M.W. WHITELEY &
ASSOCIATES" I I
PROPOSED 10'
GENERAL UTILITY EASEMENT
I I
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PROPOSED 0.0352 ACRE
WATERLINE EASEMENT
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5' I I
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REMAINDER OF I I CALLED 0.7039 ACRES
REMAINDER OF
CALLED 5.8021 ACRES _
r �p I I HILLEBRANDT DEVELOPMENT
FURNITURE ACQUISITION -BMT LTD r
CALLED 4.6493 ACRES
HILLEBRANDT DEVELOPMENT
CF NO. 2003030177 CF NO. 2016020424
~ ti I I OPRJC
CF. NO. 2014038547
OPRJC M `O I I
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EXHIBIT "B"
CD c I I PROPOSED 10' PUBLIC
Z N �ANITARY SEWER EASEMENT
REFER TO EXHIBIT A"
FOR LEGAL DESCRIPTION
I I
NOTE:
1. THE WORD CERTIFY IS UNDERSTOOD TO BE AN
EXPRESSION OF PROFESSIONAL JUDGMENT BY THE
L J
SURVEYOR, WHICH IS BASED ON HIS BEST
KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN
THE COURSE OF HIS PERFORMING THE SURVEY IN
COMPLIANCE WITH THE STANDARDS OF PRACTICE
REQUIRED AND PROMULGATED BY THE TEXAS
BOARD OF PROFESSIONAL LAND SURVEYORS AND
PROPOSED 10' PRIVATE
THE TEXAS SOCIETY OF PROFESSIONAL
SANITARY SEWER EASEMENT
SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A
r I
GUARANTEE NOR A WARRANTY, EXPRESSED OR
IMPLIED.
I
2. EASEMENT PREPARED BASED ON A SURVEY
PERFORMED BY MARK W. WHITELEY AND
ASSOCIATES DATED SEPTEMBER 15, 2016. FIELD
I I
WORK WAS PERFORMED DECEMBER 18, 2015.
I
3. ALL BEARINGS ARE REFERENCED TO THE WEST
LINE OF THE SAID 4.6493 ACRE HILLEBRANDT
DEVELOPMENT TRACT AS SOUTH 00'38'28" EAST
AS RECORDED IN CLERK'S FILE NO. 2014038547,
FND 5/8" I. ROD I I
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY,
W/CAP STAMPED
JEFFERSON COUNTY, TEXAS.
"M.W. WHITELEY & 64
ASSOCIATES"0.0352
ACRE
S89°24'17"VII 5.00'
y w WATERLINE EASEMENT
CL HEZEKIAH WILLIAMS LEAGUE
TO THE OWNERS OF THE PREMISES SURVEYED
o ¢ o M ABSTRACT NO. 56
AS OF THE DATE OF THE SURVEY:w
�' JEFFERSON COUNTY, TEXAS
I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
o � 0 o DR ef. SAW 93 smM No.:
MADE ON THE SURFACE OF THE GROUND OF THE PROP = LEGALLY DESCRIBED
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HEREON AND CORRECTLY REPRESENTS THE FACTS TIME
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AND ASSOCIATES
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S. ROWE — REGISTERED PROFESSI No. 5728
STATE OF TEXAS X
COUNTY OF JEFFERSON X
KNOW ALL MEN BY THESE PRESENTS:
SANITARY SEWER EASEMENT
THAT, HILLEBRANDT DEVELOPMENT., a Texas joint venture, hereinafter called
"GRANTOR", whether one or more, for and in consideration of the sum of ONE AND NO/100
DOLLAR ($1.00), and other good and valuable consideration to us in hand paid by the CITY
OF BEAUMONT, a municipal corporation domiciled in Jefferson County, Texas, hereinafter
called "GRANTEE", the receipt and sufficiency of which consideration is hereby acknowledged,
has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and
CONVEY unto the CITY OF BEAUMONT, P.O. Box 3827, Beaumont, Texas 77704,
Jefferson County, Texas, its successors and assigns, a Sanitary Sewer Easement and the
exclusive right to construct, alter, and maintain said sewer lines and appurtenances on the
hereinafter described lands which said easement is under, over, in and across those certain tracts
or parcels of land owned by GRANTOR situated in the County of Jefferson, State of Texas, and
being more particularly described in Exhibits "A & B11, attached and made a part hereof for all
purposes.
The easement herein granted shall be used for the purpose of placing, constructing,
operating, repairing, rebuilding, replacing, relocating, and/or removing sewer lines and
appurtenances, and the following rights are also hereby conveyed collectively, the "Easement
Rights".
It is expressly understood and agreed that the City of Beaumont shall have the right of
ingress to and egress from the tracts of land hereinbefore described and use of the same for the
EXHIBIT "2"
purposes aforesaid, and giving said City the right and privilege to improve, maintain and operate
the same as permitted by law.
GRANTOR agrees not to place any structures or appurtenances within the Easement
Property that will interfere with Grantee's ability to exercise the Easement Rights.
Grantee shall not be responsible for the repair and replacement of any paving or other
structures within the Easement Property.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
CITY OF BEAUMONT, its successors and assigns forever.
EXECUTED this day of , 2017.
GRANTOR:
MLLEBRANDT DEVELOPMENT,
a Texas joint venture
BY: Parigi Property Management, Ltd.,
a Texas limited partnership, joint venture
and Managing Agent
BY: Parigi Investments, Inc.,
a Texas corporation, general partner
ftW
Sam C. Parigi, Jr., Its President
GRANTEE:
CITY OF BEAUMONT
By:
Name: Kyle Hayes
Title: City Manager
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on this the day of ,
2017, by Sam C. Parigi, Jr., President of Parigi Investments, Inc., a Texas corporation, on behalf
of said corporation, general partner on behalf of Parigi Property Management, Ltd., a Texas
limited partnership, joint venture and Managing Agent on behalf of Hillebrandt Development, a
Texas joint venture.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This instrument was acknowledged before me on this day of ,
2017, by Kyle Haves, Cily Manager of the City of Beaumont, a municipal corporation domiciled
in Jefferson County, Texas, on behalf of said municipal corporation.
Notary Public, State of Texas
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, TX 77704
EXHIBIT "A"
Legal Description: 0.0471 Acre Public Sanitary Sewer Easement (10 foot wide)
H. Williams League, Abstract No. 56
Beaumont, Jefferson County, Texas
BEING a 0.0471 acre public sanitary sewer easement situated in the H. Williams League, Abstract
No. 56, Beaumont, Jefferson County, Texas and being out of and part of that certain called 0.7039
acre tract or parcel of land as described in a "Special Warranty Deed" from Furniture Acquisition —
Bmt, Ltd. to Hillebrandt Development as recorded in Clerk's File No. 2016020424, Official Public
Records of Real Property, Jefferson County, Texas, said 0.0471 acre easement being more
particularly described as follows:
NOTE: All bearings are referenced to the West line of the 4.6493 acre Hillebrandt
Development tract as SOUTH 00°3828 EAST as recorded in Clerk's File No.
2014038547, Official Public Records of Real Property, Jefferson County, Texas.
COMMENCING at a 5/8" iron rod with cap stamped "M.W. Whiteley" found for the Northwest
corner of the said 0.7039 acre Hillebrandt Development tract and the Northeast corner of the
remainder of that certain called 5.8021 acre tract or parcel of land as described in a "Special
Warranty Deed" from Broussard's Mortuary, Inc. to Furniture Acquisition — Bmt Ltd. as recorded in
Clerk's File No. 2003030177, Official Public Records of Real Property, Jefferson County, Texas and
also being in the South right of way line of Folsom Road (based on a width of 100 feet);
THENCE NORTH 89054'48" EAST, along and with the South right of way line of Folsom Road,
for a distance of 15.00 feet to the POINT OF BEGINNING of the easement herein described;
THENCE NORTH 89054'48" EAST, along and with the South right of way line of Folsom Road,
for a distance of 10.00 feet to a point for corner;
THENCE SOUTH 00038'11" EAST, over and across the said 0.7039 acre Hillebrandt Development
tract, for a distance of 205.00 feet to a point for corner;
THENCE SOUTH 89021'49" WEST, over and across the said 0.7039 acre Hillebrandt Development
tract, for a distance of 10.00 feet to a point for corner;
THENCE NORTH 00038'1 V WEST, over and across the said 0.7039 acre Hillbrandt Development
tract, for a distance 205.10 feet to the POINT OF BEGINNING and containing 0.0471 Acres, more
or less.
This legal description is being submitted along with a plat based on this survey.(SEE EXHIBIT "B")
For��
®:
Thomas S. Rowe, RPLS No. 5728 ""�..... .................... S .ROlil.....
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TBPLS Firm No.: 10106700 ` 1 0' `•.a.. 0+.
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Exhibit "A"
MAKK W. WHITELEY & ASSOCIATES, INC.
FND 5/8" I. ROD
W/CAP STAMPED
"M.W. WHITELEY &
ASSOCIATES"
PROPOSED 5'
WATERLINE EASEMENT
REMAINDER OF
SANITARY SEWER EASEMENT
CALLED 5.8021 ACRES
HEZEKIAH WILLIAMS LEAGUE
FURNITURE ACQUISITION -BMT LTD
o
CF NO. 2003030177
JEFFERSON COUNTY, TEXAS
OPRJC
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FND 5/8" I. ROD
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1-2aEND N89 -54-48"E 99.97' - FOLSOM ROAD (100' R.O.W.)
FND 5/8" I. ROD
W/CAP STAMPED
"SESCO"
PROPOSED 0.0471 ACRE
PUBLIC SANITARY SEWER EASEMENT
0
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HILLEBRANDT DEVELOPMENT
CF NO. 2016020424
OPRJC
S89021'49' W 10.00'
PROPOSED 10' PRIVATE
SANITARY SEWER EASEMENT
TO THE OWNERS OF THE PREMISES SURVEYED
AS OF THE DATE OF THE SURVEY:
I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY
MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED
HEREON AND CORRECTLY REPRESENTS THE FACTS FOUNE TIME
OF THE SURVEY. �! ---
'\'X I S T D y
••THOMAS S. ROWE
5728 Q.
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UNE BEARING DISTANCE
L1 N89'54'48"E 15.00'
L2 N89'54'48"E 10.00'
REMAINDER OF
CALLED 4.6493 ACRES
HILLEBRANDT DEVELOPMENT
CF. NO. 2014038547
OPRJC
EXHIBIT "B"
REFER TO EXHIBIT "A"
FOR LEGAL DESCRIPTION
NOTE:
1. THE WORD CERTIFY IS UNDERSTOOD TO BE AN
EXPRESSION OF PROFESSIONAL JUDGMENT BY THE
SURVEYOR, WHICH IS BASED ON HIS BEST
KNOWLEDGE, INFORMATION AND BELIEF, FORMED IN
THE COURSE OF HIS PERFORMING THE SURVEY IN
COMPLIANCE WITH THE STANDARDS OF PRACTICE
REQUIRED AND PROMULGATED BY THE TEXAS
BOARD OF PROFESSIONAL LAND SURVEYORS AND
THE TEXAS SOCIETY OF PROFESSIONAL
SURVEYORS. AS SUCH, IT CONSTITUTES NEITHER A
GUARANTEE NOR A WARRANTY, EXPRESSED OR
IMPLIED.
2. EASEMENT PREPARED BASED ON A SURVEY
PERFORMED BY MARK W. WHITELEY AND
ASSOCIATES DATED SEPTEMBER 15, 2016. FIELD
WORK WAS PERFORMED DECEMBER 18, 2015.
3. ALL BEARINGS ARE REFERENCED TO THE WEST
LINE OF THE SAID 4.6493 ACRE HILLEBRANDT
DEVELOPMENT TRACT AS SOUTH 00'38'28" EAST
AS RECORDED IN CLERK'S FILE NO. 2014038547,
OFFICIAL PUBLIC RECORDS OF REAL PROPERTY,
JEFFERSON COUNTY, TEXAS.
V) wz
SANITARY SEWER EASEMENT
Li a
HEZEKIAH WILLIAMS LEAGUE
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BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Anne Huff, Fire Chief
MEETING DATE: February 7, 2017
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute all documents necessary for a Memorandum of
Understanding between the Texas Forest Service (TFS) and
Beaumont Fire -Rescue Services.
BACKGROUND
The purpose of this memorandum of understanding is to provide opportunities for live -fire training
available to the fire department's Wildland/Urban Interface Response Team through the Texas
Forest Service. The training will be conducted while firefighters are on -duty so there should be no
additional costs incurred. The agreement is for a period of five years, and is terminable upon 30
days written notice.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Memorandum of
Understanding between the City of Beaumont Fire -Rescue Services and Texas Forest
Service (TFS) to provide opportunities through the Texas Forest Service for live -fire
training available to the fire department's Wildland/Urban Interface Response Team.
Said Memorandum of Agreement is substantially in the form attached hereto as Exhibit
"A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
February, 2017.
- Mayor Becky Ames -
Memorandum of Understanding
Conducting Cooperative
Prescribed Fire
This Memorandum of Understanding (MOU) is entered into by and between the Texas A&M
Forest Service, a member of The Texas A&M University System, an agency of the State of Texas
(TFS), and Beaumont Fire Department (COOPERATOR).
I. PURPOSE
The purpose of this MOU is to provide opportunities to capitalize on live -fire training,
which is available to COOPERATOR through TFS. TFS will benefit by having additional
labor available during live -burns. This MOU delineates responsibilities and procedures for
conducting cooperative prescribed fire activities.
II. SCOPE
The provisions of this MOU apply to prescribed fire performed under the management of
the TFS as a part of its normal forest management activities within the State of Texas.
III. PERIOD OF PERFORMANCE
This MOU shall commence on the date of the last signature and shall continue for a period
of five years, unless terminated earlier in accordance with section VII.B.
IV. RESPONSIBILITIES
A. TFS shall:
Manage, organize and provide personnel management of the prescribed fire,
according to guidelines prescribed by TFS.
2. Notify COOPERATOR of the opportunity to participate in a prescribed fire at
least 7 -days prior to a scheduled burn.
Provide coordination between TFS and COOPERATOR.
4. Assist COOPERATOR in documenting the participation of COOPERATOR's
personnel in a cooperative prescribed fire exercise for training file purposes.
B. The COOPERATOR shall:
1. Maintain a roster of all its personnel who will be participating in cooperative
prescribed fire activities and provide the roster to TFS before each cooperative
prescribed fire.
2. Provide a primary point of contact to TFS for the purpose of notification.
EXHIBIT "A"
V.
3. Provide administrative support to its personnel when performing activities
under this MOU.
4. Provide all tools and equipment to its personnel necessary to complete
performance under this MOU.
S. Advise TFS point of contact of any change in notification process, i.e. address
or phone number changes.
6. Only assign personnel to participate under this MOU that are physically capable
of performing assigned duties and maintain knowledge, skills and abilities
necessary to operate safely and effectively in the assigned position.
ADMINISTRATIVE, FINANCIAL AND PERSONNEL MANAGEMENT
A. Reimbursement
1. Each party shall bear its own costs and expenses incurred under this MOU
without expectation of reimbursement from the other party..
B. Medical Care for Injury or Illness
1. If COOPERATOR's personnel incurs an injury or illness during the
performance of this MOU, TFS will cooperate logistically with
COOPERATOR to help ensure COOPERATOR's personnel receives
appropriate emergency care.
C. Liability
1. It is mutually agreed that TFS, and COOPERATOR shall each be responsible
for their own losses arising out of the performance of this MOU to the extent
authorized by law.
VI. POINTS OF CONTACT
TFS
Steve Pollock, Chief RFC
2318 Atascocita Rd.
Humble, TX 77396
(979) 224-8236
VII. GENERAL PROVISIONS
COOPERATOR
Anne Huff, Fire Chief
P.O. Box 3827
Beaumont, TX 77704
(409) 880-3916
Kyle Hayes, City Manager
801 Main, Suite 300
Beaumont, TX 77701
(409) 880-3770
A. This MOU may be modified or amended only by the written agreement of both
parties.
2
B. Either party, upon 30 day written notice, may terminate this MOU.
C. The substantive laws of the State of Texas (and not its conflicts of law principles)
govern all matters arising out of or relating to this MOU and all of the transactions
it contemplates. Venue for any for any claim arising out of or relating to this MOU
or any of the transactions it contemplates shall be in Brazos County, Texas.
D. This MOU, with the rights and privileges it creates, is assignable only with the written
consent of both parties.
E. Each provision of this MOU is severable. If any provision is rendered invalid or
unenforceable by statute or regulations or declared null and void by any court of
competent jurisdiction, the remaining provisions will remain in full force and effect
if the essential terms of this MOU remain valid, legal, and enforceable.
COOPERATOR hereby acknowledges that they have read and understand this entire MOU. All
oral or written agreements between the parties hereto relating to the subject matter of this MOU
that were made prior to the execution of this MOU have been reduced to writing and are contained
herein. COOPERATOR and TFS agrees to abide by all terms and conditions specified herein and
certify that the information provided is true and correct in all respects to the best of their knowledge
and belief.
This MOU is entered into by -and between the following parties:
TEXAS A&M;FOS SERRVICCE:
Signature:` • ' )Name: Bo sTitle: r
Date: (- -!LZ7
COOPERATOR
Signature:
Name:
Title:
Date:
F
It
lwq�2-
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorneyg�
MEETING DATE: February 7, 2017
REQUESTED ACTION: Council consider a resolution authorizing the settlement of the
lawsuit styled Cynthia Faye Roberts v. City of Beaumont;
Cause No. D-198,042.
BACKGROUND
The lawsuit styled Cynthia Faye Roberts v. City of Beaumont; Cause No. D-198,042, was
presented and discussed in Executive Session held on January 31, 2017. The City Attorney is
requesting authority to settle this suit in the amount of $14,500.00.
FUNDING SOURCE
General Liability Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, the lawsuit styled Cynthia Faye Roberts v. City of Beaumont; Cause
No.D-198,042, was discussed in Executive Session properly called and held Tuesday,
January 31, 2017; and,
WHEREAS, the City Attorney is requesting authority to settle this lawsuit; and,
WHEREAS, the City Council has considered the merits of the request and is of
the opinion that it is in the best interest of the City to settle the lawsuit;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT.-
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit
styled Cynthia Faye Roberts v. City of Beaumont; Cause No.D-198,042, for the sum of
Fourteen Thousand Five Hundred and XX/100 Dollars ($14,500.00); and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute all documents related to settlement of the lawsuit.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
February, 2017.
- Mayor Becky Ames -
G
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney��
MEETING DATE: February 7, 2017
REQUESTED ACTION: Council consider a resolution authorizing the settlement of the
lawsuit styled Keith T. Sorrell and Sheerueka R. Clark v. City of
Beaumont; Cause No. A-199,343.
BACKGROUND
The lawsuit styled Keith T. Sorrell and Sheerueka R. Clark v. City of Beaumont; Cause No. A-
199,343, was presented and discussed in Executive Session held on January 31, 2017. The City
Attorney is requesting authority to settle this suit in the amount of $46,500.00.
FUNDING SOURCE
General Liability Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, the lawsuit styled Keith T. Sorrell and Sheerueka R. Clark v. City of
Beaumont; Cause No. A-199,343, was discussed in Executive Session properly called
and held Tuesday, January 31, 2017; and,
WHEREAS, the City Attorney is requesting authority to settle this lawsuit; and,
WHEREAS, the City Council has considered the merits of the request and is of
the opinion that it is in the best interest of the City to settle the lawsuit;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT.-
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit
styled Keith T. Sorrell and Sheerueka R. Clark v. City of Beaumont; Cause No. A-
199,343, for the sum of Forty -Six Thousand Five Hundred and XX/100 Dollars
($46,500.00); and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute all documents related to settlement of the lawsuit.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
February, 2017.
- Mayor Becky Ames -
BEAUMONT
T E X A S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 7, 2017 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-3/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider authorizing the City Manager to execute a Joint Election Agreement
between Jefferson County and the City of Beaumont for the General Election
being held jointly with the Port of Beaumont and Beaumont Independent School
District
2. Consider an ordinance adopting the 2015 International Building, Residential,
Existing Building, Energy Conservation, Fuel Gas, Plumbing, Mechanical, -
Property Maintenance, and 2014 National Electrical Code and 2014 ICC 600
Standard for Residential Construction in High Wind Regions, with local
exceptions
3. Consider an ordinance adopting the 2015 edition of the International Fire Code,
with local exceptions
COMMENTS
Councilmembers/City Manager comment on various matters
Public Comment (Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777.
I
February 7, 2017
Consider authorizing the City Manager to execute a Joint Election Agreement between Jefferson
County and the City of Beaumont for the General Election being held jointly with the Port of
Beaumont and Beaumont Independent School District
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tina Broussard, City Clerk, TRMC
MEETING DATE: February 7, 2017
REQUESTED ACTION: Council consider authorizing the City Manager to execute a Joint
Election Agreement between Jefferson County and the City of
Beaumont for the General Election being held jointly with the Port
of Beaumont and Beaumont Independent School District.
BACKGROUND
This joint Election Agreement is a requirement of Jefferson County for the County Clerk to
coordinate and handle all services of equipment for the Joint Election in accordance with the
provisions of the Texas Election Code. Each participating authority agrees to pay Jefferson
County for equipment, supplies, services and administrative costs. The City Clerk will serve as
the administrator for the election; however, each participating authority remains responsible for
the lawful conduct of their respective elections.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a joint Election
Services Agreement between Jefferson County and the City of Beaumont for the City of
Beaumont General Election being held jointly with the Port of Beaumont and Beaumont
Independent School District. The Agreement is substantially in the form attached hereto
as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
February, 2017.
- Mayor Becky Ames -
ELECTION SERVICES CONTRACT AND LEASE AGREEMENT
BETWEEN JEFFERSON COUNTY CLERK
AND
City of Beaumont, Beaumont Independent School District and
Port of Beaumont
This agreement made and entered into, by and between Jefferson County, hereinafter referred to
as "County", acting herein by and through its County Election Officer, Carolyn Guidry,
County Clerk, and City of Beaumont, Beaumont Independent School District and Port of
Beaumont hereinafter referred to as "Political Subdivision", acting herein by and through its
Board.
WHEREAS, Political Subdivision is required to conduct an election on May 6, 2017;
THIS CONTRACT is made this day of , 2017 by and
between the Political Subdivision of City of Beaumont, Beaumont Independent School
District and Port of Beaumont , hereinafter called "Political Subdivision" and Jefferson
County, Texas, by its County Elections Officer, Carolyn Guidry, hereinafter called
"Contracting Officer," pursuant to Texas Election Code Section 31.092. The parties agree to
enter into a joint election agreement with each other in accordance with Chapter 271 of the Texas
Election Code and this Agreement. This Agreement is entered into in consideration of the mutual
covenants and promises hereinafter set out:
1. RECITALS. Contracting Officer is the County Clerk of Jefferson County, Texas, and is
the County Officer in charge of election duties. Political Subdivision is a political entity
situated wholly or partially within Jefferson County, Texas. Political Subdivision and
Contracting Officer have determined that it is in the public interest of Jefferson County
voters that the following contract be made and entered into for the purpose of having
Contracting Officer furnish to Political Subdivision certain election services and
equipment needed by Political Subdivision in connection with the holding of its May 6,
2017, Election. Jefferson County's certified Hart InterCivic electronic voting equipment
is to be used in this Political Subdivision Election.
2. DUTIES AND SERVICES OF CONTRACTING OFFICER. Contracting Officer
shall be responsible for performing the following duties and shall furnish the following
services and equipment:
(a) Prepare and test all electronic voting equipment, format ballot styles, secure audio, oversee
all equipment and voter registration database programming, assure compliance with equipment
security requirements. Arrange for transport of equipment to and from polling locations.
(b) Procure election kits and supplies and distribute to the precinct judges and early voting
deputies. Obtain from the Tax -Assessor Noter Registrar lists of registered voters to be used in
conducting the election in conformity with the boundaries of Political Subdivision and the
election precincts established for the election. The Election Day list of registered voters shall
be arranged in alphabetical order.
EXHIBIT "A"
(c) Publish legal notice of the date, time and place of the public logic and accuracy test. Prepare
test materials and conduct internal election testing, public logic and accuracy test, and tests of
tabulation equipment.
(d) Arrange for tabulation personnel, and all equipment and supplies needed at central counting
station. Tabulate early voting, election night, paper mail ballots and provisional ballots.
Tabulate unofficial returns and assist in preparing the tabulation for the official canvass.
Provide Political Subdivision its voter history report following the election if requested.
(e) Any requests for early voting ballots to be voted by mail received by Contracting Officer
must be hand delivered or faxed to Political Subdivision on the day of receipt. If the
application is faxed, the original application must be mailed to Political Subdivision. Political
Subdivision will process applications, mail appropriate ballots, and assemble for processing by
the Early Voting Ballot Board.
(f) Maintain accurate records of all expenses incurred in connection with the responsibilities
under this Agreement and provide Political Subdivision a final invoice after the conduct of the
election. Provide any detailed backup to such invoice, if requested, reflecting the charges or
components of the costs set forth on the invoice submitted to Political Subdivision.
(g) The Contracting Office is responsible for Counting Station staffing and payroll. The
Contracting Officer will also pay the aforementioned for their services and time in accordance
with their rate of pay policy.
(h) Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the
Texas Election Code, unless waived by the Secretary of State. A written report shall be
submitted to the Secretary of State as required by Section 127.201(E) of the aforementioned
Election Code. If requested, Contracting Officer shall provide a written report to Political
Subdivision in a timely manner.
(i) The Contracting Officer shall place the funds paid by Political Subdivision hereunder in a
"contract fund" as prescribed by Section 3 1. 100 of the Texas Election Code.
3. DUTIES AND SERVICES OF POLITICAL SUBDIVISION. Political Subdivision
shall be responsible for performing the following duties:
(a) Prepare all election orders, resolutions, notices, and other pertinent documents for adoption
and execution by the appropriate Political Subdivision officer or body. Take all actions
necessary for calling the Political Subdivision Election which are required by the Texas
Election Code and/or the Political Subdivision's governing body, charter, ordinances, or other
applicable laws. Execute an Election Services Contract Agreement with Jefferson County Clerk
for the purpose of election administration. Serve as Custodian of Records for all election
records in its possession as provided by law.
2
(b) Political Subdivision shall be responsible for the legal sufficiency of any order calling their
election. Political Subdivision shall be responsible for all substantive and procedural legal
issues governing the conduct of their election. Political Subdivision understands and agrees
that Contracting Officer provides no legal advice to Political Subdivision.
(c) Adopt the county voting precincts for this election. Political Subdivision shall adopt any of
the early voting locations used by the county located in the Political Subdivision's
jurisdictional boundaries and may add any additional locations and adopt all early voting
dates, and hours recommended by the Contracting Officer in accordance with the Texas
Election Code as listed on Exhibit A — Early Voting Locations. Political Subdivision shall
adopt the Election Day Vote Center polling locations on the attached Exhibit B — Election Day
Vote Centers for each county voting precinct that is within its jurisdictional boundaries. All
twenty (20) locations must be adopted in order to maintain status as Vote Centers. Political
Subdivision shall confirm the accuracy of its jurisdictional boundaries and precincts.
(d) Notify and coordinate presiding election judges, alternate judges, and all other election
officials required to administer this Election with the exception of the Counting station
personnel. Make emergency appointments of election workers if necessary.
(e) Arrange for poll worker training through a third party or conduct necessary training. Notify
all Early Voting and Election Day officials of the date, time and place thereof.
(f) Arrange for the use of Early Voting locations and Election Day polling locations. If
emergency replacement polling locations are needed, Political Subdivision shall make necessary
alternate arrangements to locate another public place (or if unavailable, a private building).
(g) Serve as Early Voting Clerk for this Joint Election and process mail ballots for any eligible
voter, who applies for a ballot by mail including all eligible FPCA applicants. Supervise the
conduct of early voting in person and appoint sufficient personnel to serve as deputy early
voting clerks. Maintain and provide copies of all annual mail ballot applications for the County
elections.
(h) Prepare, post and publish all required election notices for Political Subdivision. In addition,
if this election's polling locations are different than Political Subdivision's previous election,
Political Subdivision shall post notice at the entrance to any previous polling places in its
jurisdiction stating that the location has changed and provide the polling location and address
for those voters for this election, pursuant to Texas Election Code Section 43.062. Educate the
voters in Political Subdivision on early voting times and places and Election Day polling
locations.
(i) Political Subdivision shall confirm with Tax-AssessorNoter Registrar its boundaries, county
voting precincts and street details within those boundaries. Political Subdivision will validate
all boundaries are defined properly within Jefferson County voter registration database, maps
and street lists with block ranges and odd/even/both indicators before the coding and
programming of the ballot begins. If changes are necessary after programming has begun, the
Political Subdivision responsible will incur the cost of re -programming for all entities involved.
Political Subdivision must proof and approve all programming work done for the jurisdiction
according to the attached Exhibit C- CALENDAR
6) Deliver to Contracting Officer, according to the attached Exhibit C - CALENDAR, ballot
language with Spanish translations, candidate names or measures, the order in which they are to
be printed on the ballot with the exact form and spelling. Provide pronunciation for difficult
names or words to use on the audio recording. Timely review and sign off on ballot proofs.
(k) Provide information services for voters and election officers.
(1) Pay prorated additional costs incurred by Contracting Officer if a recount for said election is
required, the election is contested in any manner, or a runoff is required.
(m) Canvass the returns and declare the election results for Political Subdivision. Political
Subdivision is responsible for filing any precinct reports required by the Secretary of State.
(n) Serve as Custodian of Records for election records and provide for the retention of said
election records as provided by law.
(o) The deposit will be waived for this Election Agreement for all Political Subdivisions. All
costs will be assessed according to attached schedule on Exhibit D — Contract Costs and a
detailed billed will be rendered within 30 days after the canvassing of the election or the receipt
of all invoices needed to validate the billing. Any discrepancies in billing should be addressed
immediately.
(p) City of Beaumont, Beaumont Independent School District and Port of Beaumont agree
to enter into a Joint Election Agreement in compliance with SECTION 11.0581. Subchapter C,
Chapter 11, Education Code if said entities call for an election on May 6, 2017.
4. COST OF SERVICES. Political Subdivision shall share some expenses for the above
services, supplies and equipment. Only the actual expenses directly attributable to this
Agreement and any prorated shared expenses may be charged to Political Subdivision,
plus a 10% administrative fee.
5. GENERAL CONDITIONS.
(a) The parties agree that the timing is critical on all duties in this Agreement. Lack of
adherence to any deadline in the CALENDAR without prior agreement of Contracting Officer
may result in cancellation of Contracting Officer's duties and obligations to conduct Political
Subdivision's election under this Agreement or, at the discretion of Contracting Officer, a late
penalty surcharge in an amount not to exceed 10% of the final election cost. Adherence to the
CALENDAR is critical because of Jefferson County's obligation to complete all programming
and testing and to process, and print/order the mail military and overseas ballots by
state/federal deadlines to be provided to the Early Voting Clerk.
(b) In accordance with Section 31.098 of the Texas Election Code, Contracting Officer is
authorized to contract with third persons for election services and supplies and is authorized to
hire necessary temporary personnel to perform contracted duties. Part-time personnel will be
compensated at the hourly rate set by Jefferson County.
(c) Political Subdivision acknowledges that electronic voting equipment is highly technical and
it is conceivable that, despite the best effort of the parties and technical assistance, it might fail
during the election. Contracting Officer will do whatever is possible to remedy the situation,
but Political Subdivision agrees that should such equipment fail, it will not make any claim for
damages of any kind.
(d) Any qualified voter in the Joint Election may vote early by personal appearance at any of
the joint early voting locations or at any Vote Center/Polling Location on Election Day.
(e) Jefferson County Elections Department may contract with numerous political entities for the
Joint Election, and the parties agree that all ballot styles will be programmed into one electronic
voting system. Each voter will receive one ballot which contains all races and issues in the
Joint Election for which the voter is eligible at the address and in the precinct in which the
voter is currently registered. One joint voter sign in process consisting of a common list of
registered voters and common signature rosters shall be used in precincts in which the county
polling locations are used.
(f) The Contracting Officer shall file copies of this Agreement with the Auditor and Treasurer
to
of Jefferson County not later than the 10 day from receipt of the fully executed contract by
Contracting Officer.
(g) Jefferson County is self-insured for personal liability issues. Should Political Subdivision
desire insurance for injuries during this election or other liabilities, entity shall make such
arrangements separate from this Agreement.
(h) In the event that the performance by Contracting Officer of any of its obligations hereunder
shall be interrupted or delayed by any occurrence not occasioned by its own conduct, whether
such occurrence be an act of God or the result of war, riot, civil commotion, sovereign conduct,
or the act or condition of any persons not a party thereof, then it shall be excused from such
performance for such period of time as is reasonably necessary after such occurrence to remedy
the effects thereof.
(i) The parties to this Agreement agree that Political Subdivision may cancel this Agreement in
the event that it has no need to conduct an election by 60`s day before Election Day. If Political
Subdivision's election is cancelled after deadline, a $200 contract preparation and processing
fee will be due in addition to any costs incurred by Contracting Officer on behalf of Political
Subdivision prior to said cancellation.
0) The Political Subdivision has the option of extending the terms of this Agreement through
its runoff election, if applicable. Political Subdivision may reduce the number of the adopted
early voting locations and/or Election Day voting locations in which precincts are not involved
5
in a runoff election. In the event of a runoff which Political Subdivision wants Contracting
Officer to conduct, Political Subdivision agrees to attempt to coordinate the date with other
entities participating in this Joint Election. If Political Subdivision elects to have Contracting
Officer conduct a runoff election, the cost will be determined by the number of entities
participating and the actual costs plus administrative fees. Political Subdivision will be
responsible for all orders, notices, and publications required for their runoff except the
publication of the public logic and accuracy test which Contracting Officer will publish.
6. DISPUTE RESOLUTION PROCEDURE
The parties agree to use dispute resolution process provided for in Chapter 2260 of the Texas
Government Code to attempt to resolve all disputes arising under this Agreement. Either party
must give written notice to the other party of a claim for breach of this Agreement not later than
the 180'h day after the date of the event, giving rise to the claim. By their execution of their
Agreement, the parties acknowledge and knowingly and voluntarily agree that neither the
execution of this Agreement; nor the conduct, act or inaction by any person in the execution,
administration, or performance of this Agreement constitutes or is intended to constitute a
waiver of the party's immunity from suit with respect to claims of third parties.
7. ENTIRE AGREEMENVAMENDMENT
This Agreement constitutes the entire agreement between the City of Beaumont, Beaumont
Independent School District and Port of Beaumont and Contracting Officer. This Agreement
may be amended only in writing and signed by the parties.
8. NOTICES
Except as otherwise provided in this section, all notices, consents, approvals, demands, request,
or other communications provided for or permitted to be given under any of the provisions of
this Agreement shall be in writing and shall be deemed to have duly given or served when
delivered by hand delivery or when deposited in the U.S. mail by registered or certified mail,
return receipt requested, postage prepaid, and addressed as set forth below or to such other
person or address as may be given in writing by either party to the other in accordance with this
section:
City of Beaumont, Texas:
Tina Broussard, City Clerk
801 main Beaumont
Beaumont, Texas 77701
Beaumont Independent School District:
Port of Beaumont:
Georgia Antoine
3395 Harrison
Beaumont, Texas 77706
Chris Fisher, Port Director/CEO
P O Box 2297
Beaumont, TX 77704
JEFFERSON COUNTY: Carolyn L. Guidry, County Clerk
P. O. Box 1151
Beaumont, TX 77704
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of , 2017.
City of Beaumont, Texas
Bv:
Name: Kyle Hayes
Title: City Manager
Attest:
(seal)
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of 12017.
Jefferson County, Texas
By
Name: Jeff Branick
Title: County Judge
Attest
(seal)
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of , 2017.
Jefferson County, Texas
By:
Name: Carolyn L. Guidry
Title: County Clerk
Attest:
(seal)
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of , 2017.
Beaumont Independent School District
By: _
Name:
Title:
Attest:
(seal)
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of , 2017.
Jefferson County, Texas
By
Name: Jeff Branick
Title: County Judge
Attest
(seal)
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of , 2017.
By: _
Name:
Title:
Jefferson County, Texas
Carolyn L. Guidry
County Clerk
Attest: ( seal)
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of , 2017.
Port of Beaumont:
By:
Name: Chris Fisher
Title: Port Director/CEO
Attest:
(seal)
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of 2017.
Jefferson County, Texas
By
Name: Jeff Branick
Title: County Judge
Attest
(seal)
IN WITNESS WHEREOF, each of the parties agrees to the terms of this Agreement and has
caused this Agreement to be executed on the day of , 2017.
Jefferson County, Texas
By:
Name: Carolyn L. Guidry
Title: County Clerk
Attest:
10
(seal)
EXHIBIT A
Aft
qw
NOTICE OF EARLY VOTING LOCATIONS
FOR MAY 6, 2017, JOINT POLITICAL SUBDIVISIONS ELECTION
[ City of Beaumont, and Beaumont Independent School District ]
(AVISO de LOCALIZACIONES Y de HORAS de YOTACIONADELANTADA
PARA EL 17 DE MAYO DE 2017, ELECCI6N DE SUBDIVISI6N POLITICA
CONJUNTA
lincluye la Ciudad de Beaumont, y Escuela Independiente del Distrito Beaumont]
EARLY VOTING LOCATIONS:
(Localizaciones de Votaciones Adelantada):
Beaumont City Hall -Main location
Rogers Park Recreation Center
Theodore Johns Library
801 Main St., Beaumont, Texas
6540 Gladys, Beaumont, Texas
4255 Fannett Rd., Beaumont, Texas
North End Community Center 3580 E Lucas, Beaumont, Texas
BISD Administration Bldg. 3395 Harrison, Beaumont, Texas
DATES AND HOURS FOR ALL ABOVE LOCATIONS:
(Fechas y Horas para todas las localizaciones):
April 24-28 Monday - Friday 8:00 a.m. - 5:00 p.m.
(4bril 29 — 28) (L une s - V iernes) 8: 00 u. in. — 5: 00 p. m.
April 29
Saturday
7:00 a.m. - 7:00 p.m.
(Abril 29)
Sdbado
7:00 a.m. - 7:00 p.m
April 30
Sunday
12:00p.m. — 5:00 p.m.
(Abril 30)
Domingo
12: 00p. m. — S: 00 p. m.
May 1 -2
Monday - Tuesday
7:00 a.m. - 7:00 p.m.
(Mayo 1— 2)
(1. uses — Martes)
7:00 a.m. - 7:00 p. m.
11
May Election May 6, 2017 Countywide Polling Places
(Lugares de votacion del Condado)
Precincts (precintos)
Election Day Polling Places
Localizaciones)
ADDRESS (Direcci6n)
City, State Zip code
Al i ,',,.),,.v
Amelia Elementary School
565 S. Major Dr
Beaumont, TX 77707
ALL (rodos)
Beaumont Municipal Airport
455 Keith Rd.
Beaumont, TX 77713
ALL (rodos)
Bevil Oaks Civic Center
7390 Sweetgum Rd.
Bevil Oaks, TX 77713
ALL (rodos)
BISD Administration Building
3395 Harrison Ave.
Beaumont, TX 77706
ALL (rodos)
Wesley United Methodist Church
3810 N Major Dr.
Beaumont, TX 77713
ALL (rodos)
Dishman Elementary
3475 Champions Dr.
Beaumont, TX 77707
ALL (rodos)
O.C. Mike Taylor Career Center
2330 North St.
Beaumont, TX 77702
ALL (rodos)
Rogers Park Community Center
6540 Gladys Ave.
Beaumont, TX 77706
ALL (rodos)
Roy Guess Elementary
8055 Voth Rd.
Beaumont, TX 77708
ALL (rodos)
Jerry Ware Airport Terminal
5000 Jerry Ware Dr.
Beaumont, TX 77705
ALL (rodos)
LaBelle-Fannett VFD
12880 FM 365
Beaumont, TX 77705
ALL (rodos)
Alice Keith Park Recreation Center
4075 Highland Ave.
Beaumont, TX 77705
ALL (rodos)
Charlton -Pollard Elementary
825 Jackson St.
Beaumont, TX 77701
ALL (rodos)
Dr. Mae Jones -Clark Elementary
3525 Cleveland St.
Beaumont, TX 77703
ALL (rodos)
Hamshire Community Building
12393 2nd St.
Hamshire, TX 77622
ALL (rodos)
Jefferson County Courthouse
1085 Pearl St.
Beaumont, TX 77701
ALL (rodos)
MLK Middle School
1400 Avenue A
Beaumont, TX 77701
ALL (rodos)
John Paul Davis Community Center
3580 E. Lucas Dr.
Beaumont, TX 77703
ALL (rodos)
Precinct 4 Service Center
7780 Boyt Rd.
Beaumont, TX 77713
ALL (rodos)
Sterling Pruitt Center
2930 Gulf St.
Beaumont, TX 77703
ALL (rodos)
Theodore Johns Library
4255 Fannett Rd.
Beaumont, TX 77705
CALENDAR
The Political Subdivision agrees that riming is critical, and lack of adherence to this
CALENDAR without prior agreement of Contracting Officer may result in additional charges
or cancellation of Contracting Officer's duties and obligations to conduct Political
Subdivision's election under this Contract.
School Districts must adhere to all deadlines, even if on Spring Break.
Please refer to the Texas Secretary of State's website for a complete calendar of events
including citations to the Texas Election Code and for information specific to entity type.
Confer with your attorney on any statutes that govern your entity. Please comply with all
orders, postings and notices as required for your Political Subdivision. Contracting Officer will
provide the publication of one Notice of Public Test in English and Spanish.
JANUARY 1. 2017
Prior to January 1, 2017, each Political Subdivision is responsible for validating with the Voter
Registrar that the boundaries for their voting precincts are correct and supplying the
Contracting Officer with a map of such boundaries.
Monday, February 27, 2017
68` day before Election Day
Recommended date to conduct ballot position drawing
Notice of ballot position drawing must be posted for 72 hours immediately preceding time of
drawing.
**Please schedule ballot drawing as soon as possible and email the BALLOT FORMAT AND
ORDER OF CANDIDATES ON BALLOT to Contracting Officer at
guidry(d)co.iefferson.tx.us. AND CC ndoyleAco.iefferson.tx.us **
Tuesday, March 7, 2017
60th day before Election Day
Last day for the governing body of a political subdivision to deliver notice of the election to the
county clerk/elections administrator and voter registrar of each county in which the political
subdivision is wholly or partly located (Sec. 4.008)
Deadline to notify Contracting Officer via email of the following items:
• if Political Subdivision has a contested election.
• candidate names, including write-in candidates.
• any candidate withdrawals or election cancellation.
• order of candidates on ballot. (We prefer to receive it sooner if it is available.)
• Spanish translations of all ballot titles, contests, and ballot language.
13
• phonetic pronunciations of all candidate names which will be used for the ballot audio
recording.
Tuesday, March 7, 2017
60th day before Election Day - Continued
Deadline to cancel election and incur no fees under the Election Services Agreement
Deadline to receive executed Election Services Agreement by mail, personal delivery, or
email.
Deadline to receive copy of Order of Election
Contracting Officer contact information:
Email: guidry(a co.jefferson.tx.us
Mail: P.O. Box 1151, Beaumont, TX 77704-1151
Hand Delivery: 1085 Pearl Street, First Floor, Beaumont, Texas 77701
If additional time is needed because of meeting schedules, please notify us.
**Deadlines for ballot proofing and ballot approval will be emailed with ballot proofs.
The parties must adhere to deadlines of 24 hour turnaround time, even if they occur
during Spring Break, in order for our office to meet the State and Federal deadlines to
produce mail military and overseas ballots for the Early Voting Clerk.**
Wednesday, March 22, 2017
45th day before Election Day
Deadline to mail ballots to military or overseas voters who submitted their ballot request via a
federal postcard application (FPGA) or via a standard application for ballot by mail and
indicated that they are outside the United States. Ballots must be mailed by this date or the 7th
day after the clerk receives the application. If the early voting clerk cannot meet this 45th -day
deadline, the clerk must notify the Secretary of State within 24 hours. (Sec. 86.004(b)).
Thursday, April 6, 2017
30th day before Election Day
Last day to register to vote or make a change of address effective for the May 7, 2016 election
(Secs. 13.143, 15.025)
First day of period during which notice of election must be published if the method of giving
notice is not specified by a law outside the Election Code, and publication is the selected
method of giving notice. (Sec. 4.003(a)(1)). The notice of election ordered by an authority of a
city or school district must be given by publication in a newspaper in addition to any other
method specified. (Secs. 4.003(c) and (d))
Monday. April 17.2017
19th day before Election Day
Last day to post notice of election on bulletin board used for posting notices of meetings of
governing body (Sec. 4.003(b)). A Record of Posting Notice of Election (PDF) should be
completed at the time of posting. (Sec. 4.005)
Monday, April 24, 2017
12th day before Election Day
First day to vote early in person (Sec. 85.001(a))
NOTE - Political Subdivisions Other than Cities and Counties: Early voting in person must
be conducted at least eight (8) hours each weekday that is not a legal state holiday unless the
political subdivision has fewer than 1,000 registered voters, in which case early voting in
person must be conducted at least three (3) hours per day. (Sec. 85.005(b)).
NOTE — Cities and counties: Early voting in person must be conducted on the weekdays of
the early voting period and during the hours that the county clerk's or city secretary's main
business office is regularly open for business. (Sec. 85.005(a)). However, because cities and
counties must have office hours for election -related business at least three (3) hours every
business day for this type of election, we harmonize these requirements with the result that, if a
city or county is not regularly open for business on one or more weekdays, on those "closed"
days, a city or county must conduct early voting for at least three (3) hours a day at the main
early voting location (except for a city's two 12 -hour days, when it must be open for the full 12
hours).
NOTE - Cities: Cities must choose two (2) weekdays for the main early voting polling place
location to be open for 12 hours during the regular early voting period. City council must
choose the two weekdays. (Sec. 85.005(d)).
NOTE - Independent School Districts: Despite the change in state law that allows an ISD to
be closed on school holidays during the mandatory office hours period, you are required to be
open during the entire early voting period, except on legal state and national holidays.
NOTE - Joint Elections: If entities are conducting early voting by personal appearance jointly,
we recommend a unified schedule covering all requirements; i.e., no entity's requirements
should be neglected or subtracted as a result of a joint agreement.
Wednesday. April 26, 2017
10th day before Election Day
Last day of period during which notice of election must be published if method of giving notice
is not specified by a law outside the Election Code and publication is the selected method of
giving notice. (Sec. 4.003(a)(1)). The notice of election ordered by a commissioners court or by
an authority of a city or school district, must be given by publication in a newspaper in addition
to any other method specified. (Secs. 4.003(c) and (d))
Last day to mail a copy of the notice of election to each registered voter in the county if method
of giving notice is not specified by a law outside the Election Code and this method of giving
notice is selected. (Secs. 1.006, 4.003(x)(3)).
15
Cities and Counties — Weekend Early Voting Hours - Notice Requirement: Last day to post
notice on bulletin board used for posting notice of city council or commissioners court, if early
voting will be conducted on Saturday (Sec. 85.007). Notice must be posted at least 72 hours
before early voting begins on a Saturday or Sunday. Notice must also be posted to the political
subdivision's website, if one is maintained.
NOTE - NEW LAW: Section 85.007, as amended by House Bill 2721 (2015), requires that
the election notice, which includes the days and hours of early voting be posted on the political
subdivision's website, if the political subdivision maintains a website.
Tuesday, Mav 2, 2017
4th day before Election Day
Last day to vote early by personal appearance (Sec. 85.001(a)).
Saturday, May 6, 2017
Election Dav
NOTE - NEW LAW — House Bill 2354 (2015) changed the date of the
May uniform election from the second Saturday in May to the first
Saturday in May.
30 days from date of final invoice
Pay balance due for election services. Please make checks payable to:
Jefferson County Treasurer
P O Box 1151,
Beaumont, Texas 77704-1151
16
EXHIBIT D
CONTRACT COSTS
Voting Equipment
Judge's Booth Controller
$330.00
eSlate
$330.00
Disable Access Unit (DAU)
$396.00
Privacy Booth
$20.00
Ballot Box
$5.00
Communication Devices
EA Tablet + WIFI
$119.50
Cell Phone
$30.00
Mandatory Signs
Large A -Frame (ID Required)
$10.00
Large A -Frame (Notices )
$10.00
PROGRAMMING
COUNTY COST
1- 5 RACES
$1,125.00
6 - 10 RACES
$1,898.00
11-20 RACES
$2,475.00
21-40 RACES
$3,135.00
41-75 RACES
$3,960.00
76-100 RACES
$4,704.00
BALLOT PRINTING
COUNTY COST
8.5 X 11
$0.23
8.5 X 14
$0.25
8.5 X 17
$0.28
Sample Ballots
$0.06
SUPPLIES
ELECTION KITS / w Seals EV & ED
$40.00
Mail Ballots (Per Set)
$0.75
Supply Bag Consumables (per location)
$20.00
REVISED 07/19/16
17
February 7, 2017
Consider an ordinance adopting the 2015 International Building, Residential, Existing Building,
Energy Conservation, Fuel Gas, Plumbing, Mechanical, Property Maintenance, and 2014
National Electrical Code and 2014 ICC 600 Standard for Residential Construction in High Wind
Regions, with local exceptions
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: February 7, 2017
REQUESTED ACTION: Council consider an ordinance adopting the 2015 International
Building, Residential, Existing Building, Energy Conservation,
Fuel Gas, Plumbing, Mechanical, Property Maintenance, and 2014
National Electrical Code and 2014 ICC 600 Standard for
Residential Construction in High Wind Regions, with local
exceptions.
BACKGROUND
In the ongoing effort to ensure that the public is increasingly safer and more secure in the buildings
constructed and occupied in the city, from time to time, the City considers the adoption of new
construction and maintenance codes. In addition, State mandates as well as periodic reviews
from the Insurance Services Office (ISO) are factors in considering such code updates. The ISO
is an advisory agency to the insurance industry, providing rankings, or ISO levels, of communities
and their adherence to updated codes, enforcement and training.
The City currently operates under the 2009 International Codes as well as the 2008 National
Electrical Code. We now propose to adopt the following code revisions, endorsed by the
International Code Conference, with some local exceptions.
2015 International Building Code
2015 International Residential Code
2015 International Existing Building Code
2015 International Energy Conservation Code
2015 International Fuel Gas Code
2015 International Plumbing Code
2015 International Mechanical Code
2015 International Property Maintenance Code
2014 National Electrical Code
2014 ICC 600 Standard for Residential Construction in High Wind Region
These recommended adoptions and exceptions are based on a review of the codes to ensure that
they are compatible with local needs. In addition, staff met with representatives of the
Homebuilders of Southeast Texas as well as representatives from the local architecture and
engineering industry at a workshop conducted by the Southeast Texas chapter of the Association
of General Contractors of America. Also, given that the State -mandated Energy Conservation
Code is new for our area, the city coordinated a recent training for local engineers, architects and
contractors in order to offer guidance on its implementation.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE ADOPTING NEW CODES
REGULATING CONSTRUCTION AND MAINTENANCE OF
STRUCTURES WITHIN THE CITY OF BEAUMONT;
SPECIFICALLY, THE 2015 EDITIONS OF THE
INTERNATIONAL BUILDING CODE, INTERNATIONAL
RESIDENTIAL CODE, EXISTING BUILDING CODE,
INTERNATIONAL ENERGY CONSERVATION CODE,
INTERNATIONAL FUEL GAS CODE, INTERNATIONAL
PLUMBING CODE, INTERNATIONAL MECHANICAL CODE
AND THE INTERNATIONAL PROPERTY MAINTENANCE
CODE AND THE 2014 NATIONAL ELECTRICAL CODE
AND THE 2014 ICC 600 STANDARD FOR RESIDENTIAL
CONSTRUCTION IN HIGH WIND REGIONS CODE;
SETTING FEES; MAKING LOCAL AMENDMENTS;
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 24, Article 24.01, Section 24.01.002, of the Code of Ordinances of the
City of Beaumont, be and the same is hereby amended to read as follows.-
Sec.
ollows:
Sec. 24.01.002 Fee schedule
Fee Description
Fee
Administrative Fees
Usage fee
$2.00
Minimum permit fee
$35.00
Certificate of occupancy
$75.00
Temporary certificate of occupancy
$45.00
Re -inspection fee
$25.00
Overtime inspections (minimum 4 hrs at $35.00 per hour)
$140.00
New address or address changes
Single address
$35.00
Two or more per address
$10.00
Building permit fee - commercial
Building permit fee
First $1,000.00
$35.00
Each additional $1,000.00 up to $50,000.00
$6.25
Building permit fee
First $50,000.00
$293.00
Each additional $1,000.00 up to $100,000.00
$5.20
Building permit fee
First $100,000.00
$500.00
Each additional $1,000.00 up to $500,000.00
$4.15
Building permit fee
First $500,000.00
$2,000.00
Each additional $1,000.00
$3.10
Building permit fee - Residential new construction
$70.00 sq.
ft.
Building Permit Fee - Residential additions and remodeling
construction
$35.00 sq.
ft.
Moving permit fee
$200.00
Demolition permit fee - Residential demolition
$75.00
Demolition permit Fee - Commercial demolition
$150.00
Plan Review Fees
Commercial plan review fees for permits $25,000.00 and over
65% of
permit fee
Revision - Commercial plans
$50.00
Parking Lots/Paving
First 1,000 sq. ft.
$40.00
Each additional 1,000 sq. ft.
$2.00
Driveways
Residential 1$35.00
Commercial
$75.00
Electrical Permits
Pre -final service
$35.00
Reconnection
$35.00
Additional meters
$35.00
Move meter
$35.00
Service for meter
$35.00
Temporary pole
$35.00
Increase service
$35.00
Permanent pole
$35.00
Motors
Up to 5HP
$5.20
Over 5HP
$6.75
A/C outlet
$2.50
Ceiling fans
$1.60
Bells, buzzers and chimes
$2.10
Dishwasher
$2.10
Disposal
$2.10
Dryer
$2.50
Elevators
$35.00
Fixtures
$0.50
Floodlight poles
$15.00
Furnaces/heater
$7.50
Gasoline pumps
$35.00
Power panels not at service
$8.50
Outlets/switches/receptacles
$0.50
Range
$2.50
Rectifiers/transformer
$5.70
Reground
$15.00
Water heater
$2.50
Welding machine
$2.50
Yard lamps
$2.50
Signs/electrical
$35.00
Swimming pool
Aboveground
$16.50
In -ground
$75.00
Plumbing Fees
Air conditioning drain
$3.00
Dental chair
$7.50
Dishwasher
$3.75
Drinking fountain
$3.75
Floor drain
$3.00
Garbage disposal
$3.75
Grease trap/wash rack
$50.00
Laundry tray
$3.00
Lavatories
$3.00
Service sink
$3.00
Sewer line
First line
$35.00
Each additional line
$10.00
Showers
$3.00
Single sink/restaurant
$5.75
Three compartment sink
$8.40
Toilet
$3.00
Tub
$3.00
Two compartment sink
$5.40
Urinal
$8.00
Washing machine
$3.00
Water heater
$25.00
Water line
Section 2.
THAT Chapter 24, Article 24.02 of the Code of Ordinances of the City of Beaumont, be
and the same is hereby amended by adding a new Section 24.02.001 to read as
follows:
Sec. 24.02.001 Reasonable Accommodation
It is the policy and practice of the City of Beaumont to provide reasonable
accommodations to individuals with disabilities and developers of housing for persons
with disabilities, which allows for the modification or exception to the City's codes and
regulations, to ensure equal access to housing and to facilitate the development of
housing for individuals with disabilities. A review process exists to consider requests for
reasonable accommodation in order to eliminate barriers to housing opportunities for
persons with disabilities. The policy as adopted by Resolution No. 16-146 of the City of
Beaumont is incorporated herein by reference to be used in conjunction with the
purposes of this code.
Rarfinn '3
THAT Chapter 24, Article 24.02, Section 24.02.051, of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.02.051 is
hereby adopted to read as follows:
First line
$35.00
Each additional line
$10.00
Gas Permits
Gas permits
$35.00
Each additional opening over four (4)
$2.10
Yearly gas inspection - Commercial
$50.00
Mechanical Permit
First $1,000
$35.00
Each additional $1,000.00
$3.20
Section 2.
THAT Chapter 24, Article 24.02 of the Code of Ordinances of the City of Beaumont, be
and the same is hereby amended by adding a new Section 24.02.001 to read as
follows:
Sec. 24.02.001 Reasonable Accommodation
It is the policy and practice of the City of Beaumont to provide reasonable
accommodations to individuals with disabilities and developers of housing for persons
with disabilities, which allows for the modification or exception to the City's codes and
regulations, to ensure equal access to housing and to facilitate the development of
housing for individuals with disabilities. A review process exists to consider requests for
reasonable accommodation in order to eliminate barriers to housing opportunities for
persons with disabilities. The policy as adopted by Resolution No. 16-146 of the City of
Beaumont is incorporated herein by reference to be used in conjunction with the
purposes of this code.
Rarfinn '3
THAT Chapter 24, Article 24.02, Section 24.02.051, of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.02.051 is
hereby adopted to read as follows:
Sec. 24.02.051 Adoption
There is hereby adopted by the city for the purpose of establishing rules and regulations
for the construction, alteration, removal, demolition, equipment, use and occupancy,
location and maintenance of buildings and structures, that certain building code known
as the International Building Code, being particularly the 2015 edition thereof, including
appendices Al B, C, D, F, and K. One (1) copy of such International Building Code has
been and now is filed in the office of the city clerk and the same is hereby adopted and
incorporated as fully as if set out at length herein, and from the date on which this
section shall take effect, the provisions thereof shall be controlling the construction,
alteration, repair, removal, demolition, equipment and maintenance of all buildings and
other structures within the corporate limits of the city, save and except the portions of
the International Building Code which are hereby deleted, substituted, modified or
amended, as set forth in this article.
Section 4.
THAT Chapter 24, Article 24.02, Section 24.02.052 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.02.052 is
hereby adopted to read as follows:
Sec. 24.02.052 Amendments
Section 105.1 of the International Building Code is hereby amended as follows:
Section 105.1 Required. Any owner or owner's authorized agent, or
contractor who intends to construct, enlarge, alter, repair, move, demolish or
change the occupancy of a building or structure, or to erect, or construct a
sign of any description, or to install or alter fire extinguishing apparatus,
elevators, engines, or to install a steam boiler, furnace, heater, incinerator, or
other heat producing apparatus, or other appurtenances, or to install burglar
bars, the installation of which is regulated by this code, or to cause any such
work to be done, shall first make application to the building official and obtain
the required permit for the work. The building official is authorized to withhold
inspections from and the issuance of permits to any contractor who fails to
maintain the required bonds, insurance or approved master as required, or is
thirty (30) days past due on permit invoice accounts with the city.
Section 105.2 of the International Building Code is hereby amended as follows:
105.2 Work exempt from permit. Exemptions from permit requirements of this
code shall not be deemed to grant authorization for any work to be done in
any manner in violation of the provisions of this code or any other laws or
ordinances of this jurisdiction. Permits shall not be required for the following:
Electrical.
Building.
1. Fences not over 6 feet (1829 mm) high.
2. Retaining walls that are not over 4 feet (1219 mm) 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 IIIA liquids.
3. Water tanks supported directly on grade if the capacity does not
exceed 5,000 gallons (18925 L) and the ratio of height to diameter or
width does not exceed 2:1.
4. Painting, papering, tiling, carpeting, cabinets, counter tops and
similar finish work.
5. Temporary motion picture, television and theater stage sets and
scenery.
6. Prefabricated swimming pools accessory to a Group R-3
occupancy that are less than 24 inches (610 mm) deep, do not exceed
5,000 gallons (18925 L) and are installed entirely above ground.
7. Swings and other playground equipment accessory to detached
one- and two-family dwellings.
8. Window awnings supported by an exterior wall that do not project
more than 54 inches (1372 mm) from the exterior wall and do not require
additional support of Groups R-3 and U occupancies.
9. Nonfixed and movable fixtures, cases, racks, counters and
partitions not over 5 feet 9 inches (1753 mm) in height.
Repairs and maintenance: Minor repair work, including the replacement of
lamps or the connection of approved portable electrical equipment to
approved permanently installed receptacles.
Radio and television transmitting stations: The provisions of this code shall
not apply to electrical equipment used for radio and television transmissions,
but do apply to equipment and wiring for a power supply and the installations
of towers and antennas.
Temporary testing systems: A permit shall not be required for the
installation of any temporary system required for the testing or servicing of
electrical equipment or apparatus.
Gas.
Mechanical.
Plumbing.
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of
equipment or make such equipment unsafe.
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling
equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it
unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (5 kg) or
less of refrigerant and actuated by motors of 1 horsepower (746 W) or
less.
1. The stopping of leaks in drains, water, soil, waste or vent pipe,
provided, however, that if any concealed trap, drain pipe, water, soil,
waste or vent pipe becomes defective and it becomes necessary to
remove and replace the same with new material, such work shall be
considered as new work and a permit shall be obtained and inspection
made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or
fixtures and the removal and reinstallation of water closets, provided
such repairs do not involve or require the replacement or rearrangement
of valves, pipes, or fixtures.
Section 107.1 of the International Building Code is hereby amended as follows:
Section 107.1 Submittal documents. Construction documents, special
inspection and structural observation programs, and other data shall be
submitted in two 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. Where special conditions exist, the building official is
authorized to require additional construction documents to be prepared by a
registered design professional.
(1) All Group A, E and I occupancies.
(II) Buildings and structures three (3) 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.
Exception: The building official is authorized to waive the submission of
construction documents and other data not required to be prepared by a
registered design professional if it is found that the nature of the work applied
for is such that the review of construction documents is not necessary to
obtain compliance with this code.
Section 109.2 of the International Building Code is hereby amended as follows:
109.2 Schedule of permit fees. See City of Beaumont Code of Ordinances
section 24.01.002, Adoption of fee schedule.
Section 109.4 of the International Building Code is hereby amended as follows:
109.4 Work commencing before permit issuance. 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.
Section 110.7 is hereby added to read as follows:
Section 110.7 Address numbers. Temporary addresses should be posted at
the beginning of construction and placed on a 2 ft. x 2 ft. wooden placard
placed at the edge of the street and shall remain in place until structure is
finished and permanent address has been installed. Buildings shall have
approved permanent address numbers, building numbers or approved
building identification placed in a position that is plainly legible and visible
from the street or road fronting the property. These numbers shall contrast
with their background. Address numbers shall be Arabic numbers or
alphabetical letters. Numbers shall be a minimum of 4 inches (102 mm) high
with a minimum stroke width of 1/2 inch (12.7 mm). Where access is by
means of a private road and the building address cannot be viewed from the
public way, a monument, pole or other sign or means shall be used to identify
the structure.
Section 112.2 of the International Building Code is hereby amended as follows:
Section 112.2 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 is not
known.
Section 113.1 of the International Building Code is hereby amended as follows:
Section 113.1 General. In order to hear and decide appeals of orders,
decisions or determinations made by the building official or the fire marshal
relative to the application and interpretation of this code, there shall be and
hereby created a board of appeals. The board of appeals shall be appointed
by the applicable governing authority and shall office at its pleasure. The
board shall adopt rules of procedure for conducting its business. The board
shall consist of seven (7) members. Such board shall be composed of one
architect, one engineer, one member at large from the building industry, one
building contractor, one member at large from the public and two members
from the fire service and fire safety professions.
Section 114.4 of the International Building Code is hereby amended to read as follows:
Section 114.4 Violation and penalties. Any person who shall violate any
provision of the International Building Code, or fail to comply therewith, or with
any of the requirements thereof, or who shall erect, construct, alter, demolish
or move any structure, or who shall cause to be erected, constructed, altered,
repaired, moved, or demolished a building or structure, in violation of a
detailed statement or drawing submitted and approved thereunder, shall be
guilty of a misdemeanor. Each such person deemed guilty of a violation shall
be punished by a fine not exceeding two thousand dollars ($2,000.00);
provided, where such fine is for an offense for which the state law imposes a
fine, the fine imposed by the municipal court shall be the same as the fine for
each such like offense under the state law. Each day any violation of any
provision of this code continues after due notice has been served shall
constitute a separate offense.
Section 114.5 is hereby added to read as follows:
Section 114.5 Bond may be revoked.
(a) A building contractor's bond may be revoked, after notice and hearing
before the city manager or his designee, for either [any] of the following
reasons:
(1) Reoccurring incidents of work performed not in accordance with the
International Building Code and the holder refuses to correct the
violation after being given sufficient notice of said violations; or
(2) The bond or permits were obtained or extended by fraud or
deception; or
(3) That one or more of the terms or conditions imposed by the bond
has not been met or has been violated; or
(4) Failure of the bond holder to comply with the requirements of the
International Building Code.
(b) Prior to revocation of the bond, the city manager or his designee shall
notify the bond holder in writing, stating the reasons for which the bond is
subject to revocation and advising that the bond shall be permanently
revoked at the end of five (5) days following the service of such notice, unless
a request for a hearing is filed with the city manager or his designee by the
bond holder, within such five (5) day period. A bond may be suspended for
cause pending its revocation or a hearing relative thereto. If no request for
hearing is filed within the five (5) day period, the revocation of the bond
becomes final. The bond holder may not perform any work in the city during
the period of suspension pending the outcome of the hearing.
(c) Service of notices. Notice provided for in this ordinance [code] shall be
deemed to have been properly served when the notice has been delivered
personally to the bond holder, or such notice has been sent by registered or
certified mail, return receipt requested, to the last known address of the bond
holder. A copy of such notice shall be filed with the records of the city
manager or his designee.
(d) Hearings. The hearings provided for in this ordinance [code] shall be
conducted by the city manager or his designee at a time and place
designated by him. Based upon the record of such hearing, the city manager
or his designee shall make a final finding and shall sustain, modify, or rescind
any official notice or order considered in the hearing.
(e) Application after revocation. Whenever a revocation of a bond has
become final, the bond holder of the revoked bond may make written
application for a new bond after a period of six (6) months.
Section 310.1, Residential Group R, of the International Building Code is hereby
amended by adding Sections 310. 1.1 and 310.1.2 to read as follows:
Section 310.1.1. Licensed child care home. Shall be licensed by the Texas
Department of Family and Protective Services. Licensed child care homes
shall be allowed in a single-family residence with a specific use permit and a
certificate of occupancy. All licensed child care homes shall have yearly
inspections from the fire marshal's office. Licensed child care homes shall
also comply with Section R314.4 of the 2015 International Residential Code,
Power source: Smoke alarms shall receive their primary power from the
building's wiring when such wiring is served from a commercial source and,
when primary power is interrupted, shall receive power from a battery. Wiring
shall be permanent and without a disconnecting switch other than those
required for over current protection. Smoke alarms shall be interconnected.
Section 310.1.2. Registered child care home. Shall be licensed by the Texas
Department of Family and Protective Services. Registered child care homes
shall be allowed in a single-family residence with a specific use permit and a
certificate of occupancy. All registered child care homes shall have yearly
inspections from the fire marshal's office. Registered child care homes shall
also comply with Section R314.4 of the 2015 International Residential Code,
Power source: Smoke alarms shall receive their primary power from the
building wiring when such wiring is served from a commercial source and,
when power is interrupted, shall receive power from a battery. Wiring shall be
permanent and without a disconnecting switch other than those required for
over current protection. Smoke alarms shall be interconnected.
Section 310.2 is hereby amended by adding definitions to read as follows:
Licensed child care home. The primary caregiver provides care in the
caregiver's own residence for children from birth through thirteen (13) years
on a twenty-four (24) hour basis. The total number of children in care varies
with the ages of the children, but the total number of children in care at any
given time, including the children related to the caregiver, must not exceed
twelve (12). These licensed child care homes shall be classified as R-3
residential occupancies.
Registered child care home. The primary caregiver provides regular care in
the caregiver's own residence for not more than six (6) children from birth
through thirteen (13) years for less than twenty-four (24) hours and may
provide care after school hours for not more than six (6) additional elementary
school children. The total number of children in care at any given time,
including the children related to the caregiver, must not exceed twelve (12).
These registered child care homes shall be classed as R-3 residential
occupancies.
Section 310.5.1 of the International Building Code is hereby amended to read as
follows:
Section 310.5.1 Care facilities within a dwelling. Care facilities for five or
fewer persons receiving care that are within a single-family dwelling are
permitted to comply with the International Residential Code.
Section [F] 903.2.8 of the International Building Code is hereby amended to read as
follows:
Section [F] 903.2.8 Group R. An automatic sprinkler system installed in
accordance with Section 903.3 shall be provided throughout all buildings with
a Group R fire area.
Exception: Care facilities for five or fewer persons receiving care that are
within a single-family dwelling are permitted to comply with the International
Residential Code and shall not be required to have an automatic fire sprinkler
system.
Section [F] 903.2.8.1 of the International Building Code is hereby amended to read as
follows:
Section [F] 903.2.8.1 Group R-3. An automatic sprinkler system in
accordance with Section 903.3.1.3 shall be permitted in Group R-3
occupancies.
Exception: Care facilities for five or fewer persons receiving care that are
within a single-family dwelling are permitted to comply with the International
Residential Code and shall not be required to have an automatic fire sprinkler
system.
Section [F] 903.2.8.4 of the International Building Code is hereby amended to read as
follows:
Section [F] 903.2.8.4 Care Facilities. An automatic sprinkler system shall not
be required in care facilities with five or fewer individuals in a single-family
dwelling.
Section 903.4.1.1 is hereby added to read as follows:
Section 903.4.1.1 Monitoring system. Fire sprinkler system shall be
supervised by a fire alarm panel separate from any other fire alarm panel
unless otherwise approved by the fire official.
Sections 907.1.4, 907.1.5 and 907.1.6 are hereby added to read as follows:
907.1.4 System required. A total coverage, NFPA 72 compliant fire alarm
system shall be installed in all non -sprinkled structures which are 2000
square feet or greater in size.
907.1.5 Tenant spaces. Individual spaces shall have an independent fire
alarm system.
907.1.6 Code requirements. All systems shall meet all federal, state and local
codes.
Section 1004.3 of the International Building Code is hereby amended as follows:
Section 1004.3 Posting of occupant load. All assembly occupancies shall post
an occupant load. Every room or space shall have the occupant load of the
room or space posted in a conspicuous place, near the main entrance access
doorway to the room or space. Posted sign shall be of an approved legible
permanent design and shall be maintained by the owner or authorized agent.
Any occupancy that derives 51 percent or more of its income from the sale or
service of alcoholic beverages for on -premises consumption, any assembly
occupancy that sells or provides setups for the on -premises consumption of
alcoholic beverages and, any assembly occupancy that rents or leases rooms
or spaces for the on -premises consumption of alcoholic beverages as
determined by chapter 3, Texas Alcoholic Beverage Code, shall keep an
accurate count of the number of occupants, in the rooms or spaces with the
posted occupant load, during business hours. The building official, fire
marshal, or any other official authorized to enforce section 1004.3 may
require the owner or authorized agent to conduct an immediate recount of the
occupants, when the accurateness of the count is in question, in order to
determine the actual number. Should the actual count of occupants exceed
the posted occupant load, the occupancy owner or authorized agent will be
ordered to immediately reduce occupant load to within the posted limit. It shall
be unlawful for any person to violate or fail to comply with any provision of this
code. Each such person deemed guilty of a violation shall be punished by a
fine not exceeding two thousand dollars ($2,000.00); provided, where such
fine is for an offense for which the state law imposes a fine, the fine imposed
by the municipal court shall be the same as the fine for each such like offense
under the state law. Each day any violation of any provision of this code
continues after due notice has been served shall constitute a separate
offense.
Section 1609.1.1.1 of the International Building Code is hereby amended as follows:
Section 1609.1.1.1 Applicability. All construction, new commercial and
additions shall comply to the provisions of the (ICC -600-2014). A (ICC -600-
2014) form shall be signed and sealed by a structural engineer. All other
commercial wood frame construction shall comply to the provisions of the
(ICC -600-2014) and the Texas Windstorm Inspection Program. Inspections
shall be performed by a qualified engineer.
1. The hill, ridge or escarpment is 60 feet (18288 mm) or higher if located in
Exposure B or 30 feet (9144 mm) or higher if located in Exposure C;
2. All commercial buildings and new residences to be moved shall comply
with the Texas Industrialized Building Code Council; and
3. All commercial buildings to be moved shall be placed on a permanent
foundation and shall be a poured in place concrete or masonry curtain wall.
Curtain wall must cover three (3) sides of structure. Permanent foundations
must meet Texas Windstorm Tie -Down methods.
Section 1804.6.1 is hereby added to read as follows:
Section 1804.6.1 Open pit excavations.
(1) Definitions.
(a) Person. As defined in section 1.01.004 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 thirty-five dollars ($35.00), 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 the 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 1810.3.9.5.1 is hereby added to read as follows:
Section 1810.3.9.5.1.
(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
(18) inch diameter shaft, or a twelve (12) inch diameter shaft with an
eighteen inch (18") 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 6" x 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 16" x 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 4" x 6" 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 3410.1 of the International Building Code is hereby repealed.
Appendix D101.2 of the International Building Code is hereby amended as follows:
Fire districts: There are hereby created and established within the city two (2)
fire districts which shall be known and designated as the first fire district and
the second fire district, and shall have the following boundaries:
(a) First fire district. The first fire district shall include all the area lying
within the following described boundaries: Beginning at the intersection of the
center line of Magazine Street with the westerly bank of Brakes Bayou;
thence west along the center line of Magazine Street and said center line of
Willow Street; thence south along the center line of Willow Street to its
intersection with the center line of Calder Avenue; thence west along the
center line of Calder Avenue to its intersection with the center line of Forrest
Street; thence south along the center line of Forrest Street and said center
line extended to its intersection with the present main line of the Texas and
New Orleans Railroad track, thence easterly along the present main line of
the Texas and New Orleans Railroad track to its intersection with the center
line of Trinity Street extended northward; thence in a southerly direction along
the said center line of Trinity Street to its intersection with the center line of
Crockett Street; thence westerly along the center line of Cricket Street to its
intersection with the center line of Holmes Avenue; thence southerly along the
center line of Forsythe Street; thence easterly along the center line of
Forsythe Street to its intersection with the center line of Trinity Street; thence
southerly along the center line of Trinity Street to its intersection with the
center line of College Street; thence easterly along the center line of College
Street to its intersection with the center line of Neches Street; thence
southerly along the center line of Neches Street to its intersection with the
center line of Franklin Street; thence easterly along the center line of Franklin
Street to its intersection with the center line of Park Street; thence southerly
along the center line of Park Street to its intersection with the center line of
Blanchette (formerly Austin) Street; thence easterly along the center line of
Blanchette (formerly Austin) Street to its intersection with the center line of
Main Street; thence northerly along the center line of Main Street to its
intersection with the center line of Gilbert (formerly Washington) Street;
thence easterly along the center line of Gilbert (formerly Washington) Street
to its intersection with the easterly line of the original town site of Beaumont;
thence northerly along the easterly line of the original town site of Beaumont
to its intersection with the center line of College Street; thence westerly along
the center line of College Street to its intersection with the center line of
Market Street; thence northerly along the center line of Market Street to its
intersection with the center line of Forsythe Street; thence easterly along the
center line of Forsythe Street and said center line extended to its intersection
with the westerly bank of the Neches River; thence in a northerly direction
along the westerly bank of the Neches River and Brakes Bayou to the place
of beginning.
(b) Second fire district. The second fire district shall include all of the area
of the city except that which is excluded in the first fire district.
0Prtinn ri
THAT Chapter 24, Article 24.02, Section 24.02.101 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.02.101 is
hereby adopted to read as follows:
Sec. 24.02.101 Adoption
The 2015 Edition of the International Residential Code for One and Two -Family
Dwellings (IRC), including Appendix J, is hereby adopted and declared operative as the
residential building code of the city, save and except those portions that are deleted,
modified, or amended by this code. A copy of such code is on file in the office of the city
clerk.
Section 6.
THAT Chapter 24, Article 24.02, Section 24.02.102 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.02.102 is
hereby adopted to read as follows:
Sec. 24.02.102 Amendments
Section R105.2 of the International Residential Code is hereby amended to read as
fol lows:
Building.
R105.2 Work exempt from permit. Permits shall not be required for the
following. Exemption from permit requirements of this code shall not be
deemed to grant authorization for any work to be done in any manner in
violation of the provisions of this code or any other laws or ordinances of this
jurisdiction.
1. Fences not over 6 feet (1829 mm) high.
2. Retaining walls that are not over 4 feet (1219 mm) in height
measured from the bottom of the footing to the top of the wall, unless
supporting a surcharge.
3. Painting, papering, tiling, carpeting, cabinets, counter tops and
similar finish work.
4. Prefabricated swimming pools that are less than 24 inches (610
mm) deep.
5. Swings and other playground equipment.
6. Window awnings supported by an exterior wall which do not project
more than 54 inches (1372 mm) from the exterior wall and do not require
additional support.
Electrical.
1. Listed cord -and -plug connected temporary decorative lighting.
2. Reinstallation of attachment plug receptacles but not the outlets
therefor.
3. Replacement of branch circuit overcurrent devices of the required
capacity in the same location.
4. Electrical wiring, devices, appliances, apparatus or equipment
operating at less than 25 volts and not capable of supplying more than
50 watts of energy.
Mechanical.
Plumbing,
5. Minor repair work, including
connection of approved portable
permanently installed receptacles.
Gas.
the replacement of lamps or the
electrical equipment to approved
1. Replacement of any minor part that does not alter approval of
equipment or make such equipment unsafe.
2. Portable -fuel -cell appliances that are not connected to a fixed piping
system and are not interconnected to a power grid.
1. Portable heating appliances.
2. Portable ventilation appliances.
3. Portable cooling units.
4. Steam, hot or chilled -water piping within any heating or cooling
equipment regulated by this code.
5. Replacement of any minor part that does not alter approval of
equipment or make such equipment unsafe.
6. Portable evaporative coolers.
7. Self-contained refrigeration systems containing 10 pounds (4.54 kg)
or less of refrigerant or that are actuated by motors of 1 horsepower (746
W) or less.
8. Portable -fuel -cell appliances that are not connected to a fixed piping
system and are not interconnected to a power grid.
1. The stopping of leaks in drains, water, soil, waste or vent pipe;
provided, however, that if any concealed trap, drainpipe, water, soil,
waste or vent pipe becomes defective and it becomes necessary to
remove and replace the same with new material, such work shall be
considered as new work and a permit shall be obtained and inspection
made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or
fixtures, and the removal and reinstallation of water closets, provided
such repairs do not involve or require the replacement or rearrangement
of valves, pipes and fixtures.
Section R108.2 of the International Residential Code is hereby amended to read as
follows:
Section R108.2 Schedule of permit fees. See section 24.01.002, Adoption of
fee schedule, of the Code of Ordinances of the City of Beaumont.
Section R112.2.2 of the International Residential Code is hereby repealed.
Section R113.4.1 is hereby added to read as follows:
Section R113.4.1 It shall be unlawful for any person to violate or fail to comply
with any provision of this code. Each such person deemed guilty of a violation
shall be punished by a fine not exceeding two thousand dollars ($2,000.00);
provided, where such fine is for an offense for which the state law imposes a
fine, the fine imposed by the municipal court shall be the same as the fine for
each such like offense under the state law. Each day any violation of any
provision of this code continues after due notice has been served shall
constitute a separate offense.
Section R301.2.1.1 of the International Residential Code is hereby amended to read as
follows:
R301.2.1.1. Wind Limitations and wind design required. In regions where the
basic wind speeds from figure R301.2(4)B equal or exceed 100 miles per
hour (45 m/s) in hurricane -prone regions, or 110 miles per hour (49 m/s)
elsewhere, the design of buildings shall be in accordance with one of the
following methods. The elements of design not addressed by those
documents in Items 1 through 5 shall be in accordance with this code.
1. American Forest and Paper Association (AF&PA) Wood Frame
Construction Manual for One- and Two -Family Dwellings (WFCM); or
2. All new residential and additions, construction and reroofs, shall
comply to the International Code Council Standard for Residential
Construction in High Wind Regions (ICC -600-2014) and the Texas
Windstorm Inspection Program. Inspections shall be performed by a
qualified engineer.
3. ASCE Minimum Design Loads for Buildings and Other Structures
(ASCE 7).
4. American Iron and Steel Institute (AISI), Standard for Cold -Formed
Steel Framing—Prescriptive Method for One and Two -Family Dwellings
(AISI S230).
5. International Building Code.
Where ASCE 7 or the International Building Code is used for the design
of the building, the wind speed map and exposure category
requirements as specified in ASCE 7 and the International Building Code
shall be used.
Section R313.2 of the International Residential Code is hereby repealed.
Section R314.3 of the International Residential Code is hereby repealed.
Section R319.1 of the International Residential Code is hereby amended to read as
follows:
Section R 319.1 Address numbers. Temporary addresses shall be posted at
the beginning of construction, and placed on a 2 ft x 2 ft wooden placard
placed at the edge of the street, and remain in place until structure is finished
and permanent address has been installed. Buildings shall have approved
permanent address numbers, building numbers or approved building
identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numbers or alphabetical
letters. Numbers shall be a minimum of 4 inches (102 mm) high with a
minimum stroke width of 1/2 inch (12.7 mm). Where access is by means of a
private road and the building address cannot be viewed from the public way,
a monument, pole or other sign or means shall be used to identify the
structure.
Section R322 of the International Residential Code is hereby repealed.
Section R403.1.3.3 of the International Residential Code is hereby amended to read as
follows..
Section R403.1.3.2. Slabs -on -ground with turned down footings. Slabs -on -
ground with turned down footings shall have a minimum of five (5) No. 5 bars
in the footing, minimum footing width for a one (1) story is 15 inches.
Minimum footing width for a two (2) story is 18 inches. Minimum footing depth
is 20 inches, footing shall be placed at least 6 inches below the undisturbed
ground surface. All slabs on grade shall have a clear vapor barrier. Minimum
elevation shall be 12 inches above the crown of the street.
Section M1305.1.3 of the International Residential Code is hereby amended to read as
follows:
Section M1305.1.3 Appliances in attics. Attics containing appliances shall be
provided with an opening and a clear and unobstructed passageway large
enough to allow removal of the largest appliance, but not less than 30 inches
(762 mm) high and 22 inches (559 mm) wide and not more than 20 feet (6096
mm) long measured along the centerline of the passageway from the opening
to the appliance. The passageway shall have continuous solid flooring in
accordance with chapter 5 not less than 24 inches (610 mm) wide. A level
service space at least 30 inches (762 mm) deep and 30 inches (762 mm)
wide shall be present along all sides of the appliance where access is
required. The clear access opening dimensions shall be a minimum of 20
inches by 30 inches (508 mm by 762 mm) and large enough to allow removal
of the largest appliance.
Exceptions:
1. The passageway and level service space are not required where the
appliance can be serviced and removed through the required opening.
2. Where the passageway is unobstructed and not less than 6 feet (1829
mm) high and 22 inches (559 mm) wide for its entire length, the passageway
shall be not more than 50 feet (15 250 mm) long.
3. In all type R construction a pull down stairway shall be installed for
appliance access.
Section M1502.4.1 of the International Residential Code is hereby amended to read as
follows:
Section M1502.4.1 Material and size. Exhaust ducts shall be 4 inches (102
mm) nominal in diameter. Exhaust ducts shall have a smooth interior finish
and be constructed of metal having a minimum thickness of 0.0157 inches
(0.3950 mm) (No.28 gage), or schedule 40 PVC when used in concrete slabs.
Section P2803.6.1 of the International Residential Code is hereby repealed.
Section P2902.5.3 of the International Residential Code is hereby repealed.
Section P2902.6.4 of the International Residential Code is hereby added to read as
follows:
Section P2902.6.4 Identification of pressure sewer piping. The distribution
pipe shall be class 200 in the color of green with labeling tape stating "sewer"
with a green background. The tape shall be installed on the top of the pipe
and backfilled properly.
Section P2903.8.5 of the International Residential Code is hereby repealed.
Section P2906.5.1 of the International Residential Code is hereby added to read as
follows:
Section P2906.5.1 Under concrete slabs. Underground inaccessible water
distribution piping under building slabs shall be copper tubing minimum type
"L" or "K".
Section P3002.1 of the International Residential Code is hereby amended to read as
follows:
Section P3002.1. Piping within buildings. Drain, waste and vent piping in
buildings shall be schedule 40 PVC pipe and fitting, cast iron, or copper
tubing and fitting.
Section P3002.2 of the International Residential Code is hereby amended to read as
fol lows:
Section P3002.2. Building sewer. Building sewer piping shall be a minimum of
four (4) inches and conform to P3002.1. Six (6) inch and larger sewer shall be
SDR 26 or better.
Section P3108.1 of the International Residential Code is hereby repealed.
Section P3114 of the International Residential Code is hereby repealed.
Section E3601.1.2 of the International Residential Code is hereby added to read as
follows:
E3601.1.2 Required power source. Electrical system shall be provided with
service from the public utility company or a power source approved by the
building official. Portable generators may only be used when service is not
available from a public utility company or an approved power source or when
approved by the building official for temporary power.
RPrtinn 7
THAT Chapter 24, Article 24.02, Section 24.02.151 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.02.151 is
hereby adopted to read as follows:
Sec. 24.02.151 Adoption
The 2015 edition of the International Plumbing Code, except for appendices, is hereby
adopted and declared operative as the plumbing code of the city, save and except those
portions that are deleted, modified or amended by this code. A copy of such code is on
file in the office of the city clerk.
Section 8.
THAT Chapter 24, Article 24.02, Section 24.02.153 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.02.153 is
hereby adopted to read as follows:
Sec. 24.02.153 Amendments
Section 106.6.2 of the International Plumbing Code is amended to read as follows:
Section 106.6.2 Fee schedule. See section 24.01.002, Adoption of fee
schedule, of the Code of Ordinances of the City of Beaumont.
Section 109.1 of the International Plumbing Code is hereby amended to read as
follows:
Section 109.1 Application for appeal. A person shall have the right to appeal a
decision of the code official to the building board of appeals. An application
for appeal shall be based on a claim that the true intent of this code or the
rules legally adopted thereunder have been incorrectly interpreted, the
provisions of this code do not fully apply or an equally good or better form of
construction is proposed. The application shall be filed on a form obtained
from the code official within 20 days after the notice was served.
Sections 109.2 through 109.2.6 of the International Plumbing Code are hereby
repealed.
Section 504.6 of the International Plumbing Code is hereby repealed.
Section 605.4.1 is added to read as follows:
Section 605.4.1 Underground inaccessible water distribution piping under a
slab shall be copper water tube minimum type "L" or K."
Section 608.16.5 of the International Plumbing Code is amended and Sections
608.16.5.1 through 608.16.5.13 are added to read as follows:
Section 608.16.5 Connections to lawn irrigation systems.
Section 608.16.5.1 Definitions. The following words and terms, when used
in this ordinance [code], have the following meanings, unless the context
clearly indicates otherwise.
Air gap. A complete physical separation between the free flowing
discharge end of a potable water supply pipeline and an open or non-
pressure receiving vessel.
Atmospheric vacuum breaker. An assembly containing an air inlet
valve, a check seat, and an air inlet port. The flow of water into the body
causes the air inlet valve to close the air inlet port. When the flow of
water stops the air inlet valve falls and forms a check against back -
siphonage. At the same time it opens the air inlet port allowing air to
enter and satisfy the vacuum. Also known as an atmospheric vacuum
breaker back -siphonage prevention assembly.
Backflow prevention. The mechanical prevention of reverse flow, or
back siphonage, of nonpotable water from an irrigation system into the
potable water source.
Backflow prevention assembly. Any assembly used to prevent
backflow into a potable water system. The type of assembly used is
based on the existing or potential degree of health hazard and backflow
condition.
Completion of irrigation system installation. When the landscape
irrigation system has been installed, all minimum standards met, all tests
performed, and the irrigator is satisfied that the system is operating
correctly.
Consulting. The act of providing advice, guidance, review or
recommendations related to landscape irrigation systems.
Cross -connection. An actual or potential connection between a
potable water source and an irrigation system that may contain
contaminates or pollutants or any source of water that has been treated
to a lesser degree in the treatment process.
Design. The act of determining the various elements of a landscape
irrigation system that will include, but not be limited to, elements such as
collecting site specific information, defining the scope of the project,
defining plant watering needs, selecting and laying out emission devices,
locating system components, conducting hydraulics calculations,
identifying any local regulatory requirements, or scheduling irrigation
work at a site. Completion of the various components will result in an
irrigation plan.
Design pressure. The pressure that is required for an emission device
to operate properly. Design pressure is calculated by adding the
operating pressure necessary at an emission device to the total of all
pressure losses accumulated from an emission device to the water
source.
Double check valve. An assembly that is composed of two
independently acting, approved check valves, including tightly closed
resilient seated shutoff valves attached at each end of the assembly and
fitted with properly located resilient seated test cocks. Also known as a
double check valve backflow prevention assembly.
Emission device. Any device that is contained within an irrigation
system and that is used to apply water. Common emission devices in an
irrigation system include, but are not limited to, spray and rotary sprinkler
heads, and drip irrigation emitters.
Employed. Engaged or hired to provide consulting services or
perform any activity relating to the sale, design, installation,
maintenance, alteration, repair, or service to irrigation systems. A person
is employed if that person is in an employer-employee relationship as
defined by Internal Revenue Code, 26 United States Code Service,
section 3212(d) based on the behavioral control, financial control, and
the type of relationship involved in performing employment related tasks.
Head-to-head spacing. The spacing of spray or rotary heads equal to
the manufacturer's published radius of the head.
Health hazard. A cross -connection or potential cross -connection with
an irrigation system that involves any substance that may, if introduced
into the potable water supply, cause death or illness, spread disease, or
have a high probability of causing such effects.
Hydraulics. The science of dynamic and static water; the
mathematical computation of determining pressure losses and pressure
requirements of an irrigation system.
Inspector. A licensed plumbing inspector, water district operator,
other governmental entity, or irrigation inspector who inspects irrigation
systems and performs other enforcement duties for a municipality or
water district as an employee or as a contractor.
Installer. A person who actually connects an irrigation system to a
private or public raw or potable water supply system or any water supply,
who is licensed according to title 30, Texas Administrative Code, chapter
30 (relating to occupational licenses and registrations).
Irrigation inspector. A person who inspects irrigation systems and
performs other enforcement duties for a municipality or water district as
an employee or as a contractor and is required to be licensed under title
30, Texas Administrative Code, chapter 30 (relating to occupational
licenses and registrations).
Irrigation plan. A scaled drawing of a landscape irrigation system
which lists required information, the scope of the project, and represents
the changes made in the installation of the irrigation system.
Irrigation services. Selling, designing, installing, maintaining, altering,
repairing, servicing, permitting, providing consulting services regarding,
or connecting an irrigation system to a water supply.
Irrigation system. An assembly of component parts that is
permanently installed for the controlled distribution and conservation of
water to irrigate any type of landscape vegetation in any location, and/or
to reduce dust or control erosion. This term does not include a system
that is used on or by an agricultural operation as defined by Texas
Agricultural Code, section 251.002.
Irrigation technician. A person who works under the supervision of a
licensed irrigator to install, maintain, alter, repair, service or supervise
installation of an irrigation system, including the connection of such
system in or to a private or public, raw or potable water supply system or
any water supply, and who is required to be licensed under title 30,
Texas Administrative Code, chapter 30 (relating to occupational licenses
and registrations).
Irrigation zone. A subdivision of an irrigation system with a matched
precipitation rate based on plant material type (such as turf, shrubs, or
trees), microclimate factors (such as sun/shade ratio), topographic
features (such as slope) and soil conditions (such as sand, loam, clay, or
combination) or for hydrological control.
Irrigator. A person who sells, designs, offers consultations regarding,
installs, maintains, alters, repairs, services or supervises the installation
of an irrigation system, including the connection of such system to a
private or public, raw or potable water supply system or any water
supply, and who is required to be licensed under title 30, Texas
Administrative Code, chapter 30.
Irrigator -in -charge. The irrigator responsible for all irrigation work
performed by an exempt business owner, including, but not limited to
obtaining permits, developing design plans, supervising the work of other
irrigators or irrigation technicians, and installing, selling, maintaining,
altering, repairing, or servicing a landscape irrigation system.
Landscape irrigation. The science of applying the necessary amount
of water to promote or sustain healthy growth of plant material or turf.
License. An occupational license that is issued by the Texas
Commission on Environmental Quality under title 30, Texas
Administrative Code, chapter 30 to an individual that authorizes the
individual to engage in an activity that is covered by title 30, Texas
Administrative Code, chapter 30.
Mainline. A pipe within an irrigation system that delivers water from
the water source to the individual zone valves.
Maintenance checklist. A document made available to the irrigation
system's owner or owner's representative that contains information
regarding the operation and maintenance of the irrigation system,
including, but not limited to: checking and repairing the irrigation system,
setting the automatic controller, checking the rain or moisture sensor,
cleaning filters, pruning grass and plants away from irrigation emitters,
using and operating the irrigation system, the precipitation rates of each
irrigation zone within the system, any water conservation measures
currently in effect from the water purveyor, the name of the water
purveyor, a suggested seasonal or monthly watering schedule based on
current evapotranspiration data for the geographic region, and the
minimum water requirements for the plant material in each zone based
on the soil type and plant material where the system is installed.
Major maintenance, alteration, repair, or service. Any activity that
involves opening to the atmosphere the irrigation main line at any point
prior to the discharge side of any irrigation zone control valve. This
includes, but is not limited to, repairing or connecting into a main supply
pipe, replacing a zone control valve, or repairing a zone control valve in
a manner that opens the system to the atmosphere.
Master valve. A remote control valve located after the backflow
prevention device that controls the flow of water to the irrigation system
mainline.
Matched precipitation rate. The condition in which all sprinkler heads
within an irrigation zone apply water at the same rate.
New installation. An irrigation system installed at a location where
one did not previously exist.
Pass-through contract. A written contract between a contractor or
builder and a licensed irrigator or exempt business owner to perform part
or all of the irrigation services relating to an irrigation system.
Potable water. Water that is suitable for human consumption.
Pressure vacuum breaker. An assembly containing an independently
operating internally loaded check valve and an independently operating
loaded air inlet valve located on the discharge side of the check valve.
Also known as a pressure vacuum breaker back -siphonage prevention
assembly.
Reclaimed water. Domestic or municipal wastewater which has been
treated to a quality suitable for beneficial use, such as landscape
irrigation.
Records of landscape irrigation activities. The irrigation plans,
contracts, warranty information, invoices, copies of permits, and other
documents that relate to the installation, maintenance, alteration, repair,
or service of a landscape irrigation system.
Reduced pressure principle backflow prevention assembly. An
assembly containing two independently acting approved check valves
together with a hydraulically operating mechanically independent
pressure differential relief valve located between the two check valves
and below the first check valve.
Static water pressure. The pressure of water when it is not moving.
Supervision. The on-the-job oversight and direction by a licensed
irrigator who is fulfilling his or her professional responsibility to the client
and/or employer in compliance with local or state requirements. Also a
licensed installer working under the direction of a licensed irrigator or
beginning January 1, 2009 15, an irrigation technician who is working
under the direction of a licensed irrigator to install, maintain, alter, repair
or service an irrigation system.
Water conservation. The design, installation, service, and operation
of an irrigation system in a manner that prevents the waste of water,
promotes the most efficient use of water, and applies the least amount of
water that is required to maintain healthy individual plant material or turf,
reduce dust, and control erosion.
Zone flow. A measurement, in gallons per minute or gallons per hour,
of the actual flow of water through a zone valve, calculated by
individually opening each zone valve and obtaining a valid reading after
the pressure has stabilized. For design purposes, the zone flow is the
total flow of all nozzles in the zone at a specific pressure.
Zone valve. An automatic valve that controls a single zone of a
landscape irrigation system.
Section 608.16.5.2 Valid license required. Any person who connects an irrigation
system to the water supply within the city must hold a valid license, as defined by title
30, Texas Administrative Code, chapter 30 and required by chapter 1903 of the Texas
Occupations Code, or as defined by chapter 365, title 22 of the Texas Administrative
Code and required by chapter 1301 of the Texas Occupations Code.
Exemptions:
A property owner is not required to be licensed in accordance with Texas
Occupations Code, title 12, section 1903.002(c)(1) if he or she is
performing irrigation work in a building or on a premises owned or
occupied by the person as the person's home. A home or property
owner who installs an irrigation system must meet the standards
contained in title 30, Texas Administrative Code, chapter 344 regarding
spacing, water pressure, spraying water over impervious materials, rain
or moisture shut-off devices or other technology, backflow prevention
and isolation valves. The city may, at any point, adopt more stringent
requirements for a home or property owner who installs an irrigation
system. See Texas Occupations Code section 1903.002 for other
exemptions to the licensing requirement.
Section 608.16.5.3 Permit required. Any person installing an irrigation system within the
jurisdiction of the city is required to obtain a permit from the city. Any plan approved for
a permit must be in compliance with the requirements of this chapter.
Exemptions:
(1) An irrigation system used on or by an agricultural operation as
defined by section 251.002, Texas Agriculture Code.
Section 608.16.5.4 Backflow prevention methods and devices.
(a) Any irrigation system that is connected to the potable water supply must
be connected through a backflow prevention method approved by the Texas
Commission on Environmental Quality (TCEQ). The backflow prevention
device must be approved by a laboratory that has equivalent capabilities for
both the laboratory and field evaluation of backflow prevention assemblies.
The backflow prevention device must be installed in accordance with the
laboratory approval standards or if the approval does not include specific
installation information, the manufacturer's current published
recommendations.
(b) If conditions that present a health hazard exist, one of the following
methods must be used to prevent backflow:
(1) An air gap may be used if:
(A) There is an unobstructed physical separation; and
(B) The distance from the lowest point of the water supply outlet
to the flood rim of the fixture or assembly into which the outlet
discharges is at least one inch or twice the diameter of the water
supply outlet, whichever is greater.
(2) Reduced pressure principle backflow prevention assemblies may
be used if:
(A) The device is installed at a minimum of 12 inches above
ground in a location that will ensure that the assembly will not be
submerged; and
(B) Drainage is provided for any water that may be discharged
through the assembly relief valve.
(3) Pressure vacuum breakers may be used if:
(A) No back -pressure condition will occur; and
(B) The device is installed at a minimum of 12 inches above any
downstream piping and the highest downstream opening. Pop-up
sprinklers are measured from the retracted position from the top of
the sprinkler.
(4) Atmospheric vacuum breakers may be used if:
(A) No back -pressure will be present.
(B) There are no shutoff valves downstream from the atmospheric
vacuum breaker.
(C) The device is installed at a minimum of six (6) inches above
any downstream piping and the highest downstream opening. Pop-
up sprinklers are measured from the retracted position from the top
of the sprinkler.
(D) There is no continuous pressure on the supply side of the
atmospheric vacuum breaker for more than 12 hours in any 24-hour
period.
(E) A separate atmospheric vacuum breaker is installed on the
discharge side of each irrigation control valve, between the valve
and all the emission devices that the valve controls. Backflow
prevention devices used in applications designated as health
hazards must be tested upon installation and annually thereafter.
(F) If an existing irrigation system without a backflow -prevention
assembly requires major maintenance, alteration, repair, or service,
the system must be connected to the potable water supply through
an approved, properly installed backflow prevention method before
any major maintenance, alteration, repair, or service is performed
and shall comply with article 22.02, division 2, Cross -connection
control and prevention, of the Code of Ordinances of the City of
Beaumont and Texas Commission on Environmental Quality rules
and regulations.
(G) If an irrigation system is connected to a potable water supply
through a double check valve, pressure vacuum breaker, or
reduced pressure principle backflow assembly and includes an
automatic master valve on the system, the automatic master valve
must be installed on the discharge side of the backflow prevention
assembly.
(H) The irrigator shall ensure the backflow prevention device is
tested by a licensed backflow prevention assembly tester prior to
being placed in service and the test results provided to the City of
Beaumont water utilities director within ten (10) business days of
testing of the backflow prevention device.
(1) Backflow prevention assemblies are required to be tested on a
annual basis with test results provided to the water utilities director
within ten (10) business days of testing of the backflow prevention
device.
Specific Conditions and Cross -Connection Control.
(a) Before any chemical is added to an irrigation system connected to the
potable water supply, the irrigation system must be connected through a
reduced pressure principle backflow prevention assembly or air gap.
(b) Connection of any additional water source to an irrigation system that is
connected to the potable water supply can only be done if the irrigation
system is connected to the potable water supply through a reduced -pressure
principle backflow prevention assembly or an air gap.
(c) Irrigation system components with chemical additives induced by
aspiration, injection, or emission system connected to any potable water
supply must be connected through a reduced pressure principle backflow
device.
(d) If an irrigation system is designed or installed on a property that is
served by an on-site sewage facility, as defined in title 30, Texas
Administrative Code, chapter 285, then:
(1) All irrigation piping and valves must meet the separation distances
from the on-site sewage facilities system as required for a private water
line in title 30, Texas Administrative Code, section 285.91(10);
(2) Any connections using a private or public potable water source
that is not the city's potable water system must be connected to the
water source through a reduced pressure principle backflow prevention
assembly as defined in title 30, Texas Administrative Code, section
344.50, and
(3) Any water from the irrigation system that is applied to the surface
of the area utilized by the on-site sewage facility system must be
controlled on a separate irrigation zone or zones so as to allow complete
control of any irrigation to that area so that there will not be excess water
that would prevent the on-site sewage facilities system from operating
effectively.
Section 608.16.5.5 Water conservation. All irrigation systems shall be designed,
installed, maintained, altered, repaired, serviced, and operated in a manner that will
promote water conservation as defined in the Definitions section of this ordinance
[code].
Section 608.16.5.6 Irrigation plan design: Minimum standards.
(a) An irrigator shall prepare an irrigation plan for each site where a new
irrigation system will be installed. A paper or electronic copy of the irrigation
plan must be on the job site at all times during the installation of the irrigation
system. A drawing showing the actual installation of the system is due to each
irrigation system owner after all new irrigation system installations. During the
installation of the irrigation system, variances from the original plan may be
authorized by the licensed irrigator if the variance from the plan does not:
(1) Diminish the operational integrity of the irrigation system;
(2) Violate any requirements of this ordinance [code]; and
(3) Go unnoted in red on the irrigation plan.
(b) The irrigation plan must include complete coverage of the area to be
irrigated. If a system does not provide complete coverage of the area to be
irrigated, it must be noted on the irrigation plan.
(c) All irrigation plans used for construction must be drawn to scale. The
plan must include, at a minimum, the following information:
(1) The irrigator's seal, signature, and date of signing;
(2) All major physical features and the boundaries of the areas to be
watered;
(3) A north arrow;
(4) A legend,
(5) The zone flow measurement for each zone,
(6) Location and type of each:
(A) Controller; and
(B) Sensor (for example, but not limited to, rain, moisture, wind,
flow, or freeze);
(7) Location, type, and size of each:
(A) Water source, such as, but not limited to, water meter and
point(s) of connection;
(B) Backflow prevention device;
(C) Water emission device, including, but not limited to, spray
heads, rotary sprinkler heads, quick -couplers, bubblers, drip, or
micro -sprays;
(D) Valve, including, but not limited to, zone valves, master
valves, and isolation valves;
(E) Pressure regulation component; and
(F) Main line and lateral piping.
(8) The scale used; and
(9) The design pressure.
Section 608.16.5.7 Design and installation: Minimum requirements.
(a) No irrigation design or installation shall require the use of any
component, including the water meter, in a way which exceeds the
manufacturer's published performance limitations for the component.
(b) Spacing.
(1) The maximum spacing between emission devices must not exceed
the manufacturer's published radius or spacing of the device(s). The
radius or spacing is determined by referring to the manufacturer's
published specifications for a specific emission device at a specific
operating pressure.
(2) New irrigation systems shall not utilize aboveground spray
emission devices in landscapes that are less than 48 inches not
including the impervious surfaces in either length or width and which
contain impervious pedestrian or vehicular traffic surfaces along two or
more perimeters. If pop-up sprays or rotary sprinkler heads are used in a
new irrigation system, the sprinkler heads must direct flow away from
any adjacent surface and shall not be installed closer than four (4)
inches from a hardscape, such as, but not limited to, a building
foundation, fence, concrete, asphalt, pavers, or stones set with mortar.
(3) Narrow paved walkways, jogging paths, golf cart paths or other
small areas located in cemeteries, parks, golf courses or other public
areas may be exempted from this requirement if the runoff drains into a
landscaped area.
(c) Water pressure. Emission devices must be installed to operate at the
minimum and not above the maximum sprinkler head pressure as published
by the manufacturer for the nozzle and head spacing that is used. Methods to
achieve the water pressure requirements include, but are not limited to, flow
control valves, a pressure regulator, or pressure compensating spray heads.
(d) Piping. Piping in irrigation systems must be designed and installed so
that the flow of water in the pipe will not exceed a velocity of five (5) feet per
second for polyvinyl chloride (PVC) pipe.
(e) Irrigation zones. Irrigation systems shall have separate zones based on
plant material type, microclimate factors, topographic features, soil conditions,
and hydrological requirements.
(f) Matched precipitation rate. Zones must be designed and installed so
that all of the emission devices in that zone irrigate at the same precipitation
rate.
(g) Irrigation systems shall not spray water over surfaces made of concrete,
asphalt, brick, wood, stones set with mortar, or any other impervious material,
such as, but not limited to, walls, fences, sidewalks, streets, etc.
(h) Master valve. When provided, a master valve shall be installed on the
discharge side of the backflow prevention device on all new installations.
(i) PVC pipe primer solvent. All new irrigation systems that are installed
using PVC pipe and fittings shall be primed with a colored primer prior to
applying the PVC cement in accordance with the Uniform Plumbing Code
(section 316) or the International Plumbing Code (section 605).
0) Rain or moisture shut-off devices or other technology. All new
automatically controlled irrigation systems must include sensors or other
technology designed to inhibit or interrupt operation of the irrigation system
during periods of moisture or rainfall. Rain or moisture shut-off technology
must be installed according to the manufacturer's published
recommendations. Repairs to existing automatic irrigation systems that
require replacement of an existing controller must include a sensor or other
technology designed to inhibit or interrupt operation of the irrigation system
during periods of moisture or rainfall.
(k) Isolation valve. All new irrigation systems must include an isolation
valve between the water meter and the backflow prevention device.
(1) Depth coverage of piping. Piping in all irrigation systems must be
installed according to the manufacturer's published specifications for depth
coverage of piping.
(1) If the manufacturer has not published specifications for depth
coverage of piping, the piping must be installed to provide minimum
depth coverage of six (6) inches of select backfill, between the top of the
pipe and the natural grade of the topsoil. All portions of the irrigation
system that fail to meet this standard must be noted on the irrigation
plan. If the area being irrigated has rock at a depth of six (6) inches or
less, select backfill may be mounded over the pipe. Mounding must be
noted on the irrigation plan and discussed with the irrigation system
owner or owner's representative to address any safety issues.
(2) If a utility, manmade structure, or roots create an unavoidable
obstacle, which makes the six (6) inch depth coverage requirement
impractical, the piping shall be installed to provide a minimum of two (2)
inches of select backfill between the top of the pipe and the natural
grade of the topsoil.
(3) All trenches and holes created during installation of an irrigation
system must be backfilled and compacted to the original grade.
(4) Underground electrical wiring that connects an automatic controller
to any electrical component of the irrigation system must be buried with
a minimum of six (6) inches of select backfill.
(m) Water contained within the piping of an irrigation system is deemed to
be non -potable. No drinking or domestic water usage, such as, but not limited
to, filling swimming pools or decorative fountains, shall be connected to an
irrigation system. If a hose bib (an outdoor water faucet that has hose threads
on the spout) is connected to an irrigation system for the purpose of providing
supplemental water to an area, the hose bib must be installed using a quick
coupler key on a quick coupler installed in a covered purple valve box and the
hose bib and any hoses connected to the bib must be labeled "Non -Potable,
Not Safe for Drinking." An isolation valve must be installed upstream of a
quick coupler connecting a hose bib to an irrigation system.
(n) A licensed irrigator or a licensed irrigation technician shall be on site at
all times while the landscape irrigation system is being installed. When an
irrigator is not on site, the irrigator shall be responsible for ensuring that a
licensed irrigation technician is on site to supervise the installation of the
irrigation system.
Section 608.16.5.8 Completion of irrigation system installation. Upon completion of the
irrigation system, the irrigator or irrigation technician who provided supervision for the
on-site installation shall be required to complete four (4) items:
(1) A final "walk through" with the irrigation system's owner or the owner's
representative to explain the operation of the system.
(2) The maintenance checklist on which the irrigator or irrigation technician
shall obtain the signature of the irrigation system's owner or owner's
representative and shall sign, date, and seal the checklist. If the irrigation
system's owner or owner's representative is unwilling or unable to sign the
maintenance checklist, the irrigator shall note the time and date of the refusal
on the irrigation system's owner or owner's representative's signature line.
The irrigation system owner or owner's representative will be given the
original maintenance checklist and a duplicate copy of the maintenance
checklist shall be maintained by the irrigator. The items on the maintenance
checklist shall include, but are not limited to:
(A) The manufacturer's manual for the automatic controller, if the
system is automatic;
(B) A seasonal (spring, summer, fall, winter) watering schedule based
on either current/real time evapotranspiration or monthly historical
reference evapotranspiration (historical ET) data, monthly effective
rainfall estimates, plant landscape coefficient factors, and site factors;
(C) A list of components, such as the nozzle, or pump filters, and
other such components; that require maintenance and the
recommended frequency for the service; and
(D) The statement, "This irrigation system has been installed in
accordance with all applicable state and local laws, ordinances, rules,
regulations or orders. I have tested the system and determined that it
has been installed according to the Irrigation Plan and is properly
adjusted for the most efficient application of water at this time."
(3) A permanent sticker which contains the irrigator's name, license
number, company name, telephone number and the dates of the warranty
period shall be affixed to each automatic controller installed by the irrigator or
irrigation technician. If the irrigation system is manual, the sticker shall be
affixed to the original maintenance checklist. The information contained on
the sticker must be printed with waterproof ink.
(4) The irrigation plan indicating the actual installation of the system must
be provided to the irrigation system's owner or owner's representative.
Section 608.16.5.9 Maintenance. alteration. repair. or service of irriaation s
(a) The licensed irrigator is responsible for all work that the irrigator
performed during the maintenance, alteration, repair, or service of an
irrigation system during the warranty period. The irrigator or business owner
is not responsible for the professional negligence of any other irrigator who
subsequently conducts any irrigation service on the same irrigation system.
(b) All trenches and holes created during the maintenance, alteration,
repair, or service of an irrigation system must be returned to the original grade
with compacted select backfill.
(c) Colored PVC pipe primer solvent must be used on all pipes and fittings
used in the maintenance, alteration, repair, or service of an irrigation system
in accordance with the Uniform Plumbing Code (section 316) or the
International Plumbing Code (section 605).
(d) When maintenance, alteration, repair or service of an irrigation system
involves excavation work at the water meter or backflow prevention device,
an isolation valve shall be installed, if an isolation valve is not present.
Advertisement Requirements
(a) All vehicles used in the performance of irrigation installation,
maintenance, alteration, repair, or service must display the irrigator's license
number in the form of "LI" in a contrasting color of block letters at least two (2)
inches high, on both sides of the vehicle.
(b) All forms of written and electronic advertisements for irrigation services
must display the irrigator's license number in the form of "LI." Any form of
advertisement, including business cards and estimates, which displays an
entity's or individual's name other than that of the licensed irrigator must also
display the name of the licensed irrigator and the licensed irrigator's license
number. Trailers that advertise irrigation services must display the irrigator's
license number.
(c) The name, mailing address, and telephone number of the commission
must be prominently displayed on a legible sign and displayed in plain view
for the purpose of addressing complaints at the permanent structure where
irrigation business is primarily conducted and irrigation records are kept.
Section 608.16.5.10 Contracts.
(a) All contracts to install an irrigation system must be in writing and signed
by each party and must specify the irrigator's name, license number, business
address, current business telephone numbers, the date that each party
signed the agreement, the total agreed price, and must contain the statement,
"Irrigation in Texas is regulated by the Texas Commission on Environmental
Quality (TCEQ), MC -178, P.O. Box 13087, Austin, Texas 78711-3087.
TCEQ's website is: www. tceq.state. tx.us." All contracts must include the
irrigator's seal, signature, and date.
(b) All written estimates, proposals, bids, and invoices relating to the
installation or repair of an irrigation system(s) must include the irrigator's
name, license number, business address, current business telephone
number(s), and the statement: "Irrigation in Texas is regulated by the Texas
Commission On Environmental Quality (TCEQ) (MC -178), P.O. Box 13087,
Austin, Texas 78711-3087. TCEQ's web site is: www.tceq.state.tx.us."
(c) An individual who agrees by contract to provide irrigation services as
defined in title 30, Texas Administrative Code, section 344.30 (relating to
license required) shall hold an irrigator license issued under title 30, Texas
Administrative Code, chapter 30 (relating to occupational licenses and
registrations) unless the contract is a pass-through contract as defined in title
30, Texas Administrative Code, section 344.1(36) (relating to definitions). If a
pass-through contract includes irrigation services, then the irrigation portion of
the contract can only be performed by a licensed irrigator. If an irrigator
installs a system pursuant to a pass-through contract, the irrigator shall still be
responsible for providing the irrigation system's owner or owner's
representative a copy of the warranty and all other documents required under
this chapter. A pass-through contract must identify by name and license
number the irrigator that will perform the work and must provide a mechanism
for contacting the irrigator for irrigation system warranty work.
(d) The contract must include the dates that the warranty is valid.
Section 608.16.5.11 Warranties for systems.
(a) On all installations of new irrigation systems, an irrigator shall present
the irrigation system's owner or owner's representative with a written warranty
covering materials and labor furnished in the new installation of the irrigation
system. The irrigator shall be responsible for adhering to terms of the
warranty. If the irrigator's warranty is less than the manufacturer's warranty
for the system components, then the irrigator shall provide the irrigation
system's owner or the owner's representative with applicable information
regarding the manufacturer's warranty period. The warranty must include the
irrigator's seal, signature, and date. If the warranty is part of an irrigator's
contract, a separate warranty document is not required.
(b) An irrigator's written warranty on new irrigation systems must specify
the irrigator's name, business address, and business telephone number(s),
must contain the signature of the irrigation system's owner or owner's
representative confirming receipt of the warranty and must include the
statement: "Irrigation in Texas is regulated by the Texas Commission on
Environmental Quality (TCEQ), MC -178, P.O. Box 130897, Austin, Texas
78711-3087. TCEQ's website is: www.tceq.state.tx.us."
(c) On all maintenance, alterations, repairs, or service to existing irrigation
systems, an irrigator shall present the irrigation system's owner or owner's
representative a written document that identifies the materials furnished in the
maintenance, alteration, repair, or service. If a warranty is provided, the
irrigator shall abide by the terms. The warranty document must include the
irrigator's name and business contact information.
Section 608.16.5.12 Items not covered by this ordinance [code]. Any item not covered
by their ordinance [sic] and required by law shall be governed by the Texas
Occupations Code, the Texas Water Code, Title 30 of the Texas Administrative Code,
and any other applicable state statute or Texas Commission on Environmental Quality
rule.
Section 608.16.5.13 Enforcement.
(a) The city shall have the power to administer and enforce the provisions
of this chapter as may be required by governing law. Any person, firm,
corporation or agent who shall violate a provision of this code, or fails to
comply therewith, or with any of the requirements thereof, is subject to suit for
injunctive relief as well as prosecution for criminal violations. Any violation of
the ordinance codified in this chapter is declared to be a nuisance.
(b) It shall be unlawful for any person to violate or fail to comply with any
provision of this code. Each such person deemed guilty of a violation shall be
punished by a fine not exceeding two thousand dollars ($2,000.00); provided,
where such fine is for an offense for which the state law imposes a fine, the
fine imposed by the municipal court shall be the same as the fine for each
such like offense under the state law. Each day any violation of any provision
of this code continues after due notice has been served shall constitute a
separate offense.
(c) Nothing in this chapter shall be construed as a waiver of the city's right
to bring a civil action to enforce the provisions of this chapter and to seek
remedies as allowed by law, including, but not limited to, the following:
(1) Injunctive relief to prevent specific conduct that violates the
ordinance [code] or to require specific conduct that is necessary for
compliance with the ordinance [code]; and
(2) Other available relief.
Section 702.2 of the International Plumbing Code is hereby amended to read as
follows:
Section 702.1, 702.2, 702.3 Building sanitary drainage and vent pipe. All
sanitary drainage and vent piping for building drain or building -sewer to be
schedule 40 PVC or better, cast iron, or copper tube. Building sanitary
drainage and vent pipe shall conform to one of the standards listed in Table
702.2.
Secs. 912.1 and 912.2.1 of the International Plumbing Code are hereby repealed.
Section 918 of the International Plumbing Code is hereby repealed.
Rartinn Q
THAT Chapter 24, Article 24.02, Section 24.02.201 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.02.201 is
hereby adopted to read as follows:
Sec. 24.02.201 Adoption
There is hereby adopted by the city, for the purpose of establishing rules and
regulations for air conditioning, heating and ventilating equipment, refrigeration, ducts
and duct systems, piping, incinerators and electrical requirements for same, that certain
code known as the International Mechanical Code, being particularly the 2015_edition,
except for appendices, of which one (1) copy has been and now is filed in the office of
the city clerk and the same is hereby adopted and incorporated as fully as if set out at
length herein, and from the date on which this division shall take effect, the provisions
thereof shall be controlling in the construction of air conditioning, heating, and
ventilating equipment, refrigeration equipment, ducts and duct systems, piping,
incinerators and the electrical requirements for same, save and except the portions of
the International Mechanical Code which are hereby deleted, substituted, modified or
amended as set forth in this division.
Rarrtinn 1 n
THAT Chapter 24, Article 24.02, Section 24.02.201 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.02.201 is
hereby adopted to read as follows:
Sec. 24.02.202 Amendments
Section 106.5.2 of the International Mechanical Code is hereby amended to read as
follows:
Section 106.5.2 Fee schedule. See section 24.01.002, Adoption of fee
schedule, of the Code of Ordinances of the City of Beaumont.
Section 301.7 of the International Mechanical Code is amended to read as follows:
Section 301.10 Electrical. All electric connections between fuel -fired
appliances, mechanical equipment, etc., and the building wiring shall conform
to N.F.P.A. 70 and the currently adopted National Electrical Code.
Sections 301.10.1 and 301.10.2 are added to read as follows:
Section 301.10.1 For new construction, a disconnecting means and one
hundred fifteen volt outlet shall be installed within sight and easy reach in the
ungrounded leads of each power circuit to electrically operated components.
The disconnecting means shall in no case be installed farther than six (6) feet
from the service side of the equipment.
Section 301.10.2 For existing construction, disconnecting means (shall be
installed) within sight, not more than a fifty (50) foot distance from the
equipment, and within easy reach to the ungrounded leads of each power
circuit to electrically operated components.
Section 306.3 of the International Mechanical Code is amended to read as follows.-
Section
ollows:
Section 306.3 Appliances in attics. Attics containing appliances shall be
provided with an opening and unobstructed passageway large enough to
allow removal of the largest appliance. The passageway shall not be less
than 30 inches (762 mm) high and 22 inches (559 mm) wide and not more
than 20 feet (6096 mm) in length measured along the centerline of the
passageway from the opening to the appliance. The passageway shall have
continuous solid flooring not less than 24 inches (610 mm) wide. A level
service space not less than 30 inches (762 mm) deep and 30 inches (762
mm) wide shall be present at the front or service side of the appliance. The
clear access opening dimensions shall be a minimum of 20 inches by 30
inches (508 mm by 762 mm), and large enough to allow removal of the
largest appliance.
Exceptions:
1. The passageway and level service space are not required where the
appliance is capable of being serviced and removed through the required
opening.
2. Where the passageway is unobstructed and not less than 6 feet (1829
mm) high and 22 inches (559 mm) wide for its entire length, the passageway
shall be not greater than 50 feet (15250 mm) in length.
3. In all Type R construction a pull down stairway shall be installed for
appliance access.
Section 11.
THAT Chapter 24, Article 24.02, Section 24.02.251 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.02.251 is
hereby adopted to read as follows:
Sec. 24.02.251 Adoption
The 2015 edition of the International Fuel Gas Code is hereby adopted and declared
operative as the gas code of the city, save and except those portions that are deleted,
modified or amended by this code. A copy of such code is on file in the office of the city
clerk.
Sartinn 19
THAT Chapter 24, Article 24.02, Section 24.02.252 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.02.252 is
hereby adopted to read as follows:
Sec. 24.02.252 Amendments
Section 106.6.2 of the International Fuel Gas Code is hereby amended to read as
follows:
Section 106.6.2 Fee schedule. See section 24.01.002, Adoption of fee
schedule, of the Code of Ordinances of the City of Beaumont.
Section 109.1 of the International Fuel Gas Code is hereby amended to read as
follows..
Section 109.1 Application for appeal. A person shall have the right to appeal a
decision of the code official to the building board of appeals. An application
for appeal shall be based on a claim that the true intent of this code or the
rules legally adopted thereunder have been incorrectly interpreted, the
provisions of this code do not fully apply or an equally good or better form of
construction is proposed. The application shall be filed on a form obtained
from the code official within twenty (20) days after the notice was served.
Sections 109.2 through 109.2.6 of the International Fuel Gas Code are repealed.
0Prtinn 1
THAT Chapter 24, Article 24.02, Section 24.02.301 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.02.301 is
hereby adopted to read as follows:
Sec. 24.02.301 Adoption
The 2015 edition of the International Existing Building Code is hereby adopted and
declared operative as the existing building code of the city. A copy of such code is on
file in the office of the city clerk.
Section 14.
THAT Chapter 24, Article 24.02, Section 24.02.302 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.02.302 is
hereby adopted to read as follows:
Sec. 24.02.302 Amendments
Section 113.4 of the International Existing Building Code is hereby amended to read as
follows:
Section 113.4. Violation penalties. It shall be unlawful for any person to
violate or fail to comply with any provision of this code. Each such person
deemed guilty of a violation shall be punished by a fine not exceeding two
thousand dollars ($2,000.00); provided, where such fine is for an offense for
which the state law imposes a fine, the fine imposed by the municipal court
shall be the same as the fine for each such like offense under the state law.
Each day any violation of any provision of this code continues after due notice
has been served shall constitute a separate offense.
Section 409.1 of the International Existing Building Code is hereby amended as follows:
Section 409.1 Conformance. Structures moved into or within the jurisdiction
shall comply with the provisions of this code for new structures.
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 structure
moving permit from the building official. A building or part of a building to be
used for any 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 structure 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 structure moving permit may be obtained from the building official if
the structure, prior to being moved, meets the following criteria:
1. A residential structure must be located in the city; commercial
structures may only be moved from outside the city with prior approval
from the building official. These commercial structures shall comply with
the Texas Industrialized Building Code Council.
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 and or commercial structures
on lots or tracts within four hundred (400) 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 structure 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 (90) 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 structure
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.
3. Appeals from the denial of a structure 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 (10) 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 building permit.
4. 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 mover. One thirty (30) day extension may be
granted by the building official.
5. All new commercial buildings and new residences to be moved shall
comply with the Texas Industrialized Building Code Council.
0Prtinn 1.r;
THAT Chapter 24, Article 24.02, Section 24.02.351 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.02.351 is
hereby adopted to read as follows:
Sec. 24.02.351 Adoption
There is hereby adopted by the city for the purpose of establishing rules and regulations
attendant to the use and occupancy of residential buildings and accessory structures
that certain code known as the 2015 edition of the International Property Maintenance
and appendix A. One (1) copy of such International Property Maintenance Code has
been and now is filed in the office of the city clerk and the same is hereby adopted and
incorporated as fully as if set out at length herein, and from the date on which this
section shall take effect, the provisions thereof shall be controlling concerning the
matters set out in said code.
Section 16.
THAT Chapter 24, Article 24.02, Section 24.02.352 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.02.352 is
hereby adopted to read as follows:
Sec. 24.02.352 Amendments to code
Section 106.4 of the International Property Maintenance Code is hereby amended to
read as follows:
Section 106.4 Violation penalties. It shall be unlawful for any person to violate
or fail to comply with any provision of this code. Each such person deemed
guilty of a violation shall be punished by a fine not exceeding two thousand
dollars ($2,000.00); provided, where such fine is for an offense for which the
state law imposes a fine, the fine imposed by the municipal court shall be the
same as the fine for each such like offense under the state law. Each day any
violation of any provision of this code continues after due notice has been
served shall constitute a separate offense.
Sections 110 and 111 of the International Property Maintenance Code are hereby
repealed.
Section 304.1.1 of the International Property Maintenance Code is hereby amended to
read as follows:
304.1.1 Unsafe substandard conditions. The following conditions shall be
determined as unsafe substandard and shall be repaired or replaced to
comply with the International Building Code or the International Existing
Building Code as required for existing buildings:
1. The nominal strength of any structural member is exceeded by
nominal loads, the load effects or the required strength;
2. The anchorage of the floor or roof to walls or columns, and of walls
and columns to foundations is not capable of resisting all nominal loads
or load effects;
3. Structures or components thereof that have reached their limit
state;
4. Siding and masonry joints including joints between the building
envelope and the perimeter of windows, doors and skylights are not
maintained, weather resistant or water tight,-
5.
ight;
5. Structural members that have evidence of deterioration or that are
not capable of safely supporting all nominal loads and load effects;
6. Foundation systems that are not firmly supported by footings, are
not plumb and free from open cracks and breaks, are not properly
anchored or are not capable of supporting all nominal loads and resisting
all load effects;
7. Exterior walls that are not anchored to supporting and supported
elements or are not plumb and free of holes, cracks or breaks and loose
or rotting materials, are not properly anchored or are not capable of
supporting all nominal loads and resisting all load effects;
8. Roofing or roofing components that have defects that admit rain,
roof surfaces with inadequate drainage, or any portion of the roof
framing that is not in good repair with signs of deterioration, fatigue or
without proper anchorage and incapable of supporting all nominal loads
and resisting all load effects;
9. Flooring and flooring components with defects that affect
serviceability or flooring components that show signs of deterioration or
fatigue, are not properly anchored or are incapable of supporting all
nominal loads and resisting all load effects;
10. Veneer, cornices, belt courses, corbels, trim, wall facings and
similar decorative features not properly anchored or that are anchored
with connections not capable of supporting all nominal loads and
resisting all load effects;
11. Overhang extensions or projections including, but not limited to,
trash chutes, canopies, marquees, signs, awnings, fire escapes,
standpipes and exhaust ducts not properly anchored or that are
anchored with connections not capable of supporting all nominal loads
and resisting all load effects;
12. Exterior stairs, decks, porches, balconies and all similar
appurtenances attached thereto, including guards and handrails, are not
structurally sound, not properly anchored or that are anchored with
connections not capable of supporting all nominal loads and resisting all
load effects; or
13. Chimneys, cooling towers, smokestacks and similar appurtenances
not structurally sound or not properly anchored, or that are anchored
with connections not capable of supporting all nominal loads and
resisting all load effects.
Exceptions
1. When substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted when
approved by the code official.
Section 305.1.1 of the International Property Maintenance Code is hereby amended to
read as follows:
305.1.1 Unsafe substandard conditions. The following conditions shall be
determined as unsafe substandard and shall be repaired or replaced to
comply with the International Building Code, the International Existing
Building Code as required for existing buildings and the 2009 15 International
Residential Code:
1. The nominal strength of any structural member is exceeded by nominal
loads, the load effects or the required strength;
2. The anchorage of the floor or roof to walls or columns, and of walls and
columns to foundations is not capable of resisting all nominal loads or load
effects;
3. Structures or components thereof that have reached their limit state;
4. Structural members are incapable of supporting nominal loads and load
effects;
5. Stairs, landings, balconies and all similar walking surfaces, including
guards and handrails, are not structurally sound, not properly anchored or are
anchored with connections not capable of supporting all nominal loads and
resisting all load effects;
6. Foundation systems that are not firmly supported by footings are not
plumb and free from open cracks and breaks, are not properly anchored or
are not capable of supporting all nominal loads and resisting all load effects.
Exceptions
1. When substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted when approved
by the code official.
Section 604.1.1 is hereby added to read as follows:
604.1.1 Required Power Source. Electrical system shall be provided with
service from the public utility company or a power source approved by the
building official. Portable generators may only be used when service is not
available from a public utility company or an approved power source or when
approved by the building official for temporary power.
Section 17.
THAT Chapter 24, Article 24.02, Section 24.02.401 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.02.401 is
hereby adopted to read as follows:
Sec. 24.02.401 Adoption
There is hereby adopted by the city for the purpose of establishing rules and regulations
attendant to the use and occupancy of commercial buildings, residential buildings and
accessory structures that certain code known as the 2015 edition of the International
Energy Conservation Code. One (1) copy of such International Energy Conservation
Code has been and now is filed in the office of the city clerk and the same is hereby
adopted and incorporated as fully as if set out at length herein, and from the date on
which this section shall take effect, the provisions thereof shall be controlling concerning
the matters set out in said code, save and except those portions that are deleted,
modified, or amended by this code.
SPrtinn 1 R
THAT Chapter 24, Article 24.02, Section 24.02.402 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed.
Section 19.
THAT Chapter 24, Article 24.03 of the Code of Ordinances of the City of Beaumont, be
and the same is hereby amended by adding a new Section 24.03.001 to read as
follows:
Sec. 24.03.001 Reasonable Accommodation
It is the policy and practice of the City of Beaumont to provide reasonable
accommodations to individuals with disabilities and developers of housing for persons
with disabilities, which allows for the modification or exception to the City's codes and
regulations, to ensure equal access to housing and to facilitate the development of
housing for individuals with disabilities. A review process exists to consider requests for
reasonable accommodation in order to eliminate barriers to housing opportunities for
persons with disabilities. The policy as adopted by Resolution No. 16-146 of the City of
Beaumont is incorporated herein by reference to be used in conjunction with the
purposes of this code.
Section 20.
THAT Chapter 24, Article 24.03, Section 24.03.031 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.03.031 is
hereby adopted to read as follows:
Sec. 24.03.031 Short title; adoption
(a) The title of this division shall be "The Beaumont Electrical Code," and may be
cited as such, and may be referred to in this division as "this code."
(b) There is hereby adopted by the city for the purpose of establishing rules and
regulations for the construction, alteration, removal, demolition, equipment, and
maintenance of electrical systems, within the corporate limits of the city that certain
electrical code known as the National Electrical Code being particularly the 2014 edition
thereof, one (1) copy of such National Electrical Code has been and now is filed in the
office of the city and the same is hereby adopted and incorporated as fully as if set out
at length herein, and from the date on which this section shall take effect, the provisions
thereof shall be controlling the construction, alteration, repair, removal, demolition,
equipment and maintenance of all electrical systems within the corporate limits of the
city, save and except the portions of the National Electrical Code which are hereby
deleted, substituted, modified or amended, as set forth in this division.
Section 21.
THAT Chapter 24, Article 24.03, Section 24.03.103 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.03.103 is
hereby adopted to read as follows:
Sec. 24.03.103 Fees
See section 24.01.002, Adoption of fee schedule, of this code.
Section 22.
THAT Chapter 24, Article 24.03, Section 24.03.133 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.03.133 is
hereby adopted to read as follows:
Sec. 24.03.133 Equipment standards generally
(a) All electrical equipment installed or used shall be reasonably safe to persons and
property in conformity with the provisions of this code, the applicable statutes of the
state and any rules or regulations issued by authority thereof.
(b) Conformity of electrical equipment with the applicable standards of the
Underwriters' Laboratories, Inc., shall be prima facie evidence that such equipment is
reasonably safe to persons and property.
(c) Only standard parts and materials approved by the Underwriters' Laboratories,
Inc., or by the chief electrical inspector, as set forth in section 24.03.036, shall be
permitted in electrical repair or maintenance work.
0artinn 9_'�
THAT Chapter 24, Article 24.04, Section 24.04.001 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.04.001 is
hereby adopted to read as follows:
Sec. 24.04.001 Defined
All vacant structures, dwellings, dwelling units, and accessory structures which have
any or all of the following defects shall be deemed unsafe substandard structures.
Determination of unsafe substandard structures shall be governed by the 2015
International Property Maintenance Code.
Section 24.
THAT Chapter 24, Article 24.04, Section 24.04.002 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.04.002 is
hereby adopted to read as follows:
Sec. 24.04.002 Declared nuisances
All unsafe substandard structures within the terms of section 24.04.001 are hereby
declared to be public nuisances and shall be repaired, removed or demolished as
hereinafter provided.
Section 25.
THAT Chapter 24, Article 24.04, Section 24.04.003 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.04.003 is
hereby adopted to read as follows:
Sec. 24.04.003 Standards for repair or demolition
The following standards shall be followed by the building official or designated enforcing
officer and the city council in ordering repair or demolition of an unsafe substandard
structure within the terms of section 24.04.001:
(1) If, after inspection by the building official or designated enforcing officer
and support inspections from other concerned departments or divisions, if
necessary, a determination is made that the structure is an unsafe
substandard structure, the building official or designated enforcing officer
shall tag the structure and the owner shall be ordered by a certified letter to
contact the building official or designated enforcing officer within fifteen (15)
days from the date of said letter. The owner shall be ordered, by letter, to
enroll in an official work program to repair the structure or demolish said
structure within thirty (30) days.
(2) If a permit to repair or demolish said structure is not obtained from
building codes and repairs or demolition are not completed within forty-five
(45) days of the date of the letter provided for in subsection (1) above, the
building official or designated enforcing officer shall give notice, by letter, to
the owner of said structure to appear before the city council to show cause
why said structure should not be demolished and at the cost of the owner.
Building permits issued to repair a structure under an official work program
shall have the same expiration date as the work program.
(3) If a structure is to be repaired such that it is no longer an unsafe
substandard structure under the terms of this article, said structure shall be
brought into compliance with the provisions of the 2015 International Property
Maintenance Code adopted by the city. Except as outlined in subsection (9),
repairs to such structures shall be completed and a certificate of occupancy
issued within a period not exceeding one hundred fifty (150) days from the
date of initiating a work program. [Upon] Failure to obtain substantial
completion, as defined in the work program, within ninety (90) days from the
date of initiating said program or failure to obtain a certificate of occupancy
within the one hundred fifty (150) day period, the structure may be brought
before the city council for a condemnation order without further notice to the
owner. Owner who initiates a work program hereunder shall agree that unless
the structure is brought into compliance with the 2015 International Property
Maintenance Code it may be immediately brought before city council for
condemnation order without further notice.
(4) Any vacant structure found to be an unsafe substandard structure, as
defined herein or substandard under this article, shall be posted as provided
in this chapter to prevent occupancy. It shall be unlawful for any person to
occupy, or allow others to occupy, a structure that has been tagged as an
unsafe substandard structure in accordance with this section. It shall be
unlawful for any person to violate or fail to comply with any provision of this
code. Each such person deemed guilty of a violation shall be punished by a
fine not exceeding two thousand dollars ($2,000.00); provided, where such
fine is for an offense for which the state law imposes a fine, the fine imposed
by the municipal court shall be the same as the fine for each such like offense
under the state law. Each day any violation of any provision of this code
continues after due notice has been served shall constitute a separate
offense.
(5) All notices, as provided herein, shall be served by delivering same to
the owner or agent in person, or by mailing the same certified to the
residence or business address, if known, of such owner or agent, or by
posting the same in a prominent place upon such structure.
(6) If, upon hearing, the city council finds that the structure is in violation of
section 24.04.001 hereof, the city council shall order the structure to be razed
or repaired at such time and under such conditions as the city council may, in
its discretion, stipulate at said hearing. Such owner or his/her agent shall
forthwith comply with said order of the city council. Any owner or his/her agent
who fails to comply with such order within the time therein stipulated shall be
deemed guilty of a misdemeanor and punished as provided in this code. If the
owner obtains a permit and voluntarily demolishes his/her structure under this
program, such owner shall be exempt from payment of the landfill disposal
fee for the debris resulting from such demolition.
(7) If any such structure condemned by the order of the city council, as
provided herein, is not razed or repaired within the time and under the
condition specified in such order, the council may, at its discretion, proceed to
have the same razed and charge the actual expense to the owner of the real
estate or lot as shown on the tax roll. A statement of expenses incurred by the
city in the demolition and removal of such structure under this section shall be
mailed to the property owner shown on the tax roll at the time of service. The
statement of expenses shall, in addition to giving the amount of such
expense, provide the date upon which such work was done, and description
of the lot or premises upon which such work was done. Payment is due and is
considered delinquent if not received by the city within thirty (30) days. If
payment is not made within ninety (90) days, the city's authorized agent is
hereby authorized to charge such costs and expenses as a lien against the
property upon which such structure was situated, and upon all other property
situated in the city belonging to the owner of such structure.
(A) The lien obtained by the city is security for the expenditures made
and interest shall accrue at the rate of ten (10) percent annually on the
unpaid balance due from the date of payment by the city.
(B) The city may bring a suit for foreclosure in the name of the city to
recover the expenditures and interest due.
(C) The statement of expenses or a certified copy of the statement is
prima facie proof of the expenses incurred by the city in doing the work
or making the improvements and of proper notices as required by this
article.
(D) The governing body of a city may foreclose a lien on property
under this section in a proceeding relating to the property brought under
subchapter E, chapter 33, Texas Tax Code.
(8) Judicial review of council's order shall be governed by section 214 of
the Texas Local Government Code.
(9) Structures that have been tagged as an unsafe and/or substandard
structure, which may be of historical significance, shall be provided
reasonable time for repairs and/or restoration. In order to qualify under the
historical structure requirement, the structure must meet one (1) of the
following criteria:
(A) Existing or proposed recognition as a national historic landmark, or
state historic landmark, or entry, or proposed entry into the national
register of historic places.
(B) Identification as the work of a designer, architect or builder whose
work has influenced the growth or development of the city.
(C) Embodiment of elements of architectural design, detail, materials
or craftsmanship which represents a significant architectural innovation
or an outstanding example of a particular historical, architectural or other
cultural style or period.
(D) The determination if a structure meets criteria (B) or (C) shall be
determined by the historic landmark commission.
(E) The process for obtaining a historical designation will include the
submittal of an application to the planning division. An application for an
amendment to the zoning ordinance shall also be submitted with the
historical designation application. A letter to be included with the
application shall provide the necessary documentation that supports at
least one (1) of the above criteria. Additional information may be
submitted or requested by the city that may be appropriate to support or
verify the historical designation.
(F) The property owner of a tagged structure that meets one (1) or
more of these criteria will be provided one (1) year from the date the
structure is tagged to substantially complete repairs, as currently defined
by the city, and one (1) additional year to obtain a certificate of
occupancy (CO), provided the city's historic landmark commission
approves a detailed work program outlining the work to be performed
and a timeline for completion. If either one of these time frames is not
met, the structure may be razed.
Sarfinn 9R
THAT Chapter 24, Article 24.04, Section 24.04.004 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.04.004 is
hereby adopted to read as follows:
Sec. 24.04.004 Standard for repair—Residential structure
Standard for repair of a residential structure shall comply with appendix J, Existing
buildings and structures, of the 2015 International Residential Code.
Sanfinn 97
THAT Chapter 24, Article 24.04, Section 24.04.005 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.04.005 is
hereby adopted to read as follows:
Sec. 24.04.005 Commercial unsafe substandard structures
All commercial unsafe substandard structures shall be repaired or replaced to comply
with the 2015 International Building Code and the 2015 International Existing Building
Code as required for existing buildings.
.,antinn 7R
THAT Chapter 24, Article 24.04, Section 24.04.007 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.04.007 is
hereby adopted to read as follows:
Sec. 24.04.007 Enforcing officer powers and duties
The building official or his or her designee, hereinafter referred to as "enforcing officer,"
is charged with the duty of enforcing this article.
(1) Neither the enforcing officer nor any employee of his division shall be
financially interested in the furnishing of labor, material or appliances for the
construction, alteration or maintenance of unsafe substandard structure or in
the making of plans and specifications for a profit unless such person is the
owner of such structure.
(2) Neither the enforcing officer nor any employee of his division shall
engage in any work which is in conflict with his duties or the interest of the
department.
(3) The enforcing officer shall enforce this article in the following manner:
(A) The enforcing officer shall inspect or cause to be inspected, when
necessary, all structures of any kind which are unoccupied or apparently
abandoned, for the purpose of determining whether any condition exists
which renders such place an unsafe substandard structure within the
terms of section 24.04.001.
(B) The enforcing officer shall inspect any structure about which a
complaint is filed by any person to the effect that a structure is or may be
existing in violation of this article.
(C) The enforcing officer shall notify in writing, by certified mail, the
owner and/or all persons having an interest, as shown by the tax rolls of
the city, in any structure found by the enforcing officer to be an unsafe
substandard structure within the standards set forth in section 24.04.001.
Said notice shall state:
(i) A description of the structure;
(ii) A statement of the particulars which make the structure an
unsafe substandard structure;
(iii) That the owner must repair or demolish said structure;
(iv) That any person notified under this subsection to repair or
demolish any structure shall be given reasonable time, as provided
in this code, to do or have done the work required by the notice;
and
(v) That the owner of said structure shall appear before the city
council to show cause why said structure should not be repaired,
removed or demolished.
(D) The enforcing officer shall also file a notice of declaration of
unsafe substandard structure in the deed records of the county. Such
notice will provide lawful notice to any proposed purchaser of the
property that the structure thereon has been declared an unsafe
substandard structure, may not be lawfully occupied, is subject to
demolition and may not be eligible for building permits necessary to
rehabilitate the structure.
Section 29.
THAT Chapter 24, Article 24.04, Section 24.04.010 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.04.010 is
hereby adopted to read as follows:
Sec. 24.04.010 Securing of unoccupied buildings
(a) An owner or person in control of an unoccupied structure shall insure that the
building is in such condition that an unauthorized person cannot enter into it through
missing or unlocked doors or windows, or through other openings into the building. The
city may secure unoccupied, unsecured structures after the owner(s) fail to do so after
reasonable notice. A lien may be filed on the structures to assure recovery of the cost of
securing.
(b) An unsecured, unoccupied building is hereby defined to be any structure that
currently has no legitimate occupant or tenant and which has missing or unlocked doors
or windows, or other unsecured openings into the building through which unauthorized
persons can enter. Any unoccupied, unsecured building is hereby declared to be a
danger to the public health and safety.
(c) Whenever it is found that an unoccupied building is in such condition that an
unauthorized person can enter it through missing or unlocked doors or windows or other
openings, the city shall cause a written notice or "Notice to Secure" to be given to the
owner of the property as such owner appears on the tax rolls of the city or to the person
having the control over the property. Such notice shall be in writing and shall be given
by depositing the notice in the United States mail addressed to the owner at the owner's
post office address. If notice cannot be obtained by United States mail or the owner's
post office address is unknown, notice may be given by publishing such notice at least
twice within a ten-day period in a newspaper of general circulation in the county. If
notice cannot be obtained by mail or the owner's post office address is unknown, notice
may be obtained by posting the notice on or near the front door of the structure. The
notice must contain the following information:
(1) An identification which is not required to be a legal description of the
structure and property on which it is located;
(2) The description of the violation of the municipal standards that are
present at the building;
(3) A statement that the municipality may secure the building within thirty
(30) days of the date of notice; and
(4) An explanation that the owner is entitled to request a hearing within
such thirty -day period concerning any matter relating to the municipality's
proposed securing of the building.
(d) Compliance with the provisions concerning the securing of unoccupied structures
does not relieve the owner or occupant of the structure from the requirement to comply
with other provisions of the "Unsafe Substandard Structure" ordinance.
(e) If the owner requests a hearing about the structure, the municipality shall conduct
a hearing at which the owner may testify or present witnesses or written information
about any matter relating to the proposed securing of the structure by the city. The
hearing shall be conducted within twenty (20) days after the day the owner files a
written request for such hearing. The hearing shall be before a hearing officer
designated by the city manager for such purpose.
(f) An owner who fails to timely comply with a notice to secure as set out herein shall
be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less
than fifty dollars ($50.00) nor more than two thousand dollars ($2,000.00). Each day's
failure to comply after the expiration of the notice period shall constitute a separate
offense.
(g) If the owner fails to comply with a notice to secure, the city may order the
boarding up of all openings so as to prevent entry or the reasonable securing of the
structure by any other reasonable fashion and may assess the expenses of such
securing as a lien on the property as allowed by section 214,0011(f) of the Texas Local
Government Code.
(h) Method of securing unoccupied structures shall be governed by the 2015
International Property Maintenance Code appendix A.
Section 30.
THAT Chapter 24, Article 24.04 of the Code of Ordinances of the City of Beaumont, be
and the same is hereby amended by adding a new Section 24.04.046 to read as
follows:
Sec. 24.04.046 Reasonable Accommodation
It is the policy and practice of the City of Beaumont to provide reasonable
accommodations to individuals with disabilities and developers of housing for persons
with disabilities, which allows for the modification or exception to the City's codes and
regulations, to ensure equal access to housing and to facilitate the development of
housing for individuals with disabilities. A review process exists to consider requests for
reasonable accommodation in order to eliminate barriers to housing opportunities for
persons with disabilities. The policy as adopted by Resolution No. 16-146 of the City of
Beaumont is incorporated herein by reference to be used in conjunction with the
purposes of this code.
Sarfinn '11
THAT Chapter 24, Article 24.05, Section 24.05.042 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.05.042 is
hereby adopted to read as follows:
Sec. 24.05.042 Duties and responsibilities of the floodplain administrator
Duties and responsibilities of the floodplain administrator shall include, but not be limited
to, the following:
(1) Maintain and hold open for public inspection all records pertaining to the
provisions of this article.
(2) Review permit applications to determine whether proposed building
sites, including the placement of manufactured homes, will be reasonably
safe from flooding.
(3) Review, approve or deny all applications for development permits
required by adoption of this article.
(4) Review permits for proposed development to assure that all necessary
permits have been obtained from those federal, state or local governmental
agencies (including section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required.
(5) Where interpretation is needed as to the exact location of the
boundaries of the areas of special flood hazards (for example, where there
appears to be a conflict between a mapped boundary and actual field
conditions), the floodplain administrator shall make the necessary
interpretation.
(6) Notify, in riverine situations, adjacent communities and the state water
development board, prior to any alteration or relocation of a watercourse, and
submit evidence of such notification to the Federal Emergency Management
Agency.
(7) Assure that the flood -carrying capacity within the altered or relocated
portion of any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance
with section 24.05.007, the floodplain administrator shall obtain, review and
reasonably utilize any base flood elevation data and floodway data available
from a federal, state or other source, in order to administer the provisions of
division 3.
(9) When a regulatory floodway has not been designated, the floodplain
administrator must require that no new construction, substantial
improvements, or other development (including fill) shall be permitted within
zones Al -30 and AE on the community's FIRM, unless it is demonstrated that
the cumulative effect of the proposed development, when combined with all
other existing and anticipated development, will not increase the water
surface elevation of the base flood more than one foot at any point within the
community.
(10) Under the provisions of 44 CFR chapter 1, section 65.12, of the
National Flood Insurance Program regulations, a community may approve
certain development in zones Al -30, AE, and AH on the community's FIRM
which increases the water surface elevation of the base flood by more than
one (1) foot, provided that the community first applies for a conditional FIRM
revision through FEMA.
Section 32.
THAT Chapter 24, Article 24.05, Section 24.05.043 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.05.043 is
hereby adopted to read as follows:
Sec. 24.05.043 Permit procedures
(a) Application for a development permit, in the floodplain, shall be presented to the
floodplain administrator on forms furnished by him/her and may include, but not be
limited to, plans in duplicate drawn to scale showing the location, dimensions, and
elevation of proposed landscape alterations, existing and proposed structures, including
the placement of manufactured homes, and the location of the foregoing in relation to
areas of special flood hazard. Additionally, the following information is required:
(1) Elevation (in relation to mean sea level) of the lowest floor (including
basement) of all new and substantially improved structures;
(2) Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
(3) A certificate from a registered professional engineer or architect that
the nonresidential floodproofed structure shall meet the floodproofing criteria
of section 24.05.072(2);
(4) Description of the extent to which any watercourse or natural drainage
will be altered or relocated as a result of proposed development;
(5) Maintain a record of all such information in accordance with section
24.05.042(1).
(b) Approval or denial of a development permit by the floodplain administrator shall
be based on all of the provisions of this article and the following relevant factors:
(1) The danger to life and property due to flooding or erosion damage;
(2) The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner;
(3) The danger that materials may be swept onto other lands to the injury of
others,
(4) The compatibility of the proposed use with existing and anticipated
development;
(5) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(6) The costs of providing governmental services during and after flood
conditions, including maintenance and repair of streets and bridges, and
public utilities and facilities such as sewer, gas, electrical and water systems;
(7) The expected heights, velocity, duration, rate of rise and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site;
(8) The necessity to the facility of a waterfront location, where applicable,-
(9)
pplicable;
(9) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
(10) The relationship of the proposed use to the comprehensive plan for
that area.
Section 33.
THAT Chapter 24, Article 24.05, Section 24.05.044 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.05.044 is
hereby adopted to read as follows:
Sec. 24.05.044 Variance procedures
(a) The board of adjustment shall hear and render judgment on requests for
variances from the requirements of this article.
(b) The board of adjustment shall hear and render judgment on an appeal only when it
is alleged there is an error in any requirement, decision, or determination made by the
floodplain administrator in the enforcement or administration of this article.
(c) Any person or persons aggrieved by the decision of the board of adjustment may
appeal such decision in the courts of competent jurisdiction.
(d) The floodplain administrator shall maintain a record of all actions involving an
appeal and shall report variances to the Federal Emergency Management Agency upon
request.
(e) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the state inventory of
historic places, without regard to the procedures set forth in the remainder of this article.
(f) Variances may be issued for new construction and substantial improvements to be
erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by
lots with existing structures constructed below the base flood level, providing the
relevant factors in section 24.05.043(b) of this article have been fully considered. As the
lot size increases beyond the one-half (1/2) acre, the technical justification required for
issuing the variance increases.
(g) Upon consideration of the factors noted above and the intent of this article, the
board of adjustment may attach such conditions to the granting of variances as it deems
necessary to further the purpose and objectives of this article (section 24.05.003).
(h) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(i) Variances may be issued for the repair or rehabilitation of historic structures upon
a determination that the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and the variance is the minimum
necessary to preserve the historic character and design of the structure.
(j) Prerequisites for granting variances:
(1) Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
(2) Variances shall only be issued upon:
(A) Showing a good and sufficient cause;
(B) A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
(C) A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, or
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
(3) Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with the lowest floor
elevation below the base flood elevation, and that the cost of flood insurance
will be commensurate with the increased risk resulting from the reduced
lowest floor elevation.
(k) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a functionally
dependent use provided that:
(1) The criteria outlined in subsections (a) through (i) of this section are
met; and
(2) The structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional
threats to public safety.
Section 34.
THAT Chapter 24, Article 24.05, Section 24.05.072 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.05.072 is
hereby adopted to read as follows:
Sec. 24.05.072 Specific standards
In all areas of special flood hazards where base flood elevation data has been provided
as set forth in section 24.05.007, section 24.05.042(8), or section 24.05.073(c), the
following provisions are required:
(1) Residential construction. New construction and substantial
improvement of any residential structure shall have the lowest floor (including
basement) elevated a minimum of one (1) foot six (6) inches above the base
flood elevation. A registered professional engineer, architect, or land surveyor
shall submit a certification to the floodplain administrator that the standard of
this subsection, as proposed in section 24.05.043(x)(1), is satisfied.
(2) Nonresidential construction. New construction and substantial
improvements of any commercial, industrial or other nonresidential structure
shall either have the lowest floor (including basement) elevated a minimum of
one (1) foot six (6) inches above the base flood level or, together with
attendant utility and sanitary facilities, be designed so that a minimum of one
(1) foot six (6) inches above and below the base flood level the structure is
watertight with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. A registered professional
engineer or architect shall develop and/or review structural design,
specifications, and plans for the construction, and shall certify that the design
and methods of construction are in accordance with accepted standards of
practice as outlined in this subsection. A record of such certification which
includes the specific elevation (in relation to mean sea level) to which such
structures are floodproofed shall be maintained by the floodplain
administrator.
(3) Enclosures. New construction and substantial improvements with fully
enclosed areas below the lowest floor that are usable solely for parking of
vehicles, building access or storage in an area other than a basement and
which are subject to flooding shall be designed to automatically equalize
hydrostatic flood forces on exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must either be certified by
a registered professional engineer or architect or meet or exceed the
following minimum criteria:
(A) A minimum of two (2) openings having a total net area of not less
than one (1) square inch for every square foot of enclosed area subject
to flooding shall be provided.
(B) The bottom of all openings shall be no higher than one (1) foot
above grade.
(C) Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry and
exit of floodwaters.
(4) Manufactured homes.
(A) Require that all manufactured homes to be placed within zone A
on a community's FHBM or FIRM shall be installed using methods and
practices which minimize flood damage. For the purposes of this
requirement, manufactured homes must be elevated and anchored to
resist flotation, collapse, or lateral movement. Methods of anchoring may
include, but are not limited to, use of over -the -top or frame ties to ground
anchors. This requirement is in addition to applicable state and local
anchoring requirements for resisting wind forces.
(B) Require that manufactured homes that are placed or substantially
improved within zones Al -30, AH, and AE on the community's FIRM on
sites (i) outside of a manufactured home park or subdivision, (ii) in a new
manufactured home park or subdivision, (iii) in an expansion to an
existing manufactured home park or subdivision, or (iv) in an existing
manufactured home park or subdivision on which a manufactured home
has incurred "substantial damage" as a result of a flood, be elevated on
a permanent foundation such that the lowest floor of the manufactured
home is elevated to or above the base flood elevation and be securely
anchored to an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
(C) Require that manufactured homes being placed or substantially
improved on sites in an existing manufactured home park or subdivision
within zones Al -30, AH and AE on the community's FIRM that are not
subject to the provisions of subsection (4) of this section be elevated so
that:
(i) The lowest floor of the manufactured home is a minimum of
one (1) foot six (6) inches above the base flood elevation; and
(ii) The manufactured home chassis is supported by reinforced
piers or other foundation elements of at least equivalent strength
that are no less than thirty-six (36) inches in height above grade
and be securely anchored to an adequately anchored foundation
system to resist flotation, collapse, and lateral movement.
(5) Recreational vehicles. Require that recreational vehicles placed on sites
within zones Al -30, AH, and AE on the community's FIRM either:
(A) Be on the site for fewer than one hundred eighty (180) consecutive
days;
(B) Be fully licensed and ready for highway use; or
(C) Meet the permit requirements of section 24.05.043(a) and the
elevation and anchoring requirements for manufactured homes in
subsection (4) of this section. A recreational vehicle is ready for highway
use if it is on its wheels or jacking system, is attached to the site only by
quick -disconnect type utilities and security devices, and has no
permanently attached additions.
Section 35.
THAT Chapter 24, Article 24.05, Section 24.05.073 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.05.073 is
hereby adopted to read as follows:
Sec. 24.05.073 Standards for subdivision proposals
(a) All subdivision proposals, including the placement of manufactured home parks
and subdivisions, shall be consistent with sections 24.05.002, 24.05.003 and 24.05.004
of this article.
(b) All proposals for the development of subdivisions, including the placement of
manufactured home parks and subdivisions, shall meet development permit
requirements of section 24.05.008 and section 24.05.043 and the provisions of this
division.
(c) Base flood elevation data shall be generated for subdivision proposals and other
proposed development, including the placement of manufactured home parks and
subdivisions, which is greater than fifty (50) lots or five (5) acres, whichever is lesser, if
not otherwise provided pursuant to section 24.05.007 or section 24.05.042(8) of this
article.
(d) All subdivision proposals, including the placement of manufactured home parks
and subdivisions, shall have adequate drainage provided to reduce exposure to flood
hazards.
(e) All subdivision proposals, including the placement of manufactured home parks
and subdivisions, shall have public utilities and facilities such as sewer, gas, electrical
and water systems located and constructed to minimize or eliminate flood damage.
Rartinn 'IR
THAT Chapter 24, Article 24.05, Section 24.05.074 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.05.074 is
hereby adopted to read as follows:
Sec. 24.05.074 Standards for areas of shallow flooding (AO/AH zones)
Located within the areas of special flood hazard established in section 24.05.007 are
areas designated as shallow flooding. These areas have special flood hazards
associated with base flood depths of one (1) to three (3) feet where a clearly defined
channel does not exist and where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding or sheet flow;
therefore, the following provisions apply:
(1) All new construction and substantial improvements of residential
structures have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified in feet
on the community's FIRM (at least two (2) feet if no depth number is
specified).
(2) All new construction and substantial improvements of nonresidential
structures:
(A) Have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified in
feet on the community's FIRM (at least two (2) feet if no depth number is
specified); or
(B) Together with attendant utility and sanitary facilities be designed
so that below the base flood level the structure is watertight with walls
substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads of effects of buoyancy.
(3) A registered professional engineer or architect shall submit a
certification to the floodplain administrator that the standards of this section,
as proposed in section 24.05.043(a), are satisfied.
(4) Require within zone AH or AO adequate drainage paths around
structures on slopes, to guide floodwaters around and away from proposed
structures.
RPrfinn '�7
THAT Chapter 24, Article 24.05, Section 24.05.075 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.05.075 is
hereby adopted to read as follows:
Sec. 24.05.075 Floodways
Located within areas of special flood hazard established in section 24.05.007 are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the
velocity of floodwaters, which carry debris, potential projectiles and erosion potential,
the following provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction,
substantial improvements and other development, within the adopted
regulatory floodway unless it has been demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase in
flood levels within the community during the occurrence of the base flood
discharge.
(2) If subsection (1) above is satisfied, all new construction and substantial
improvements shall comply with all applicable flood hazard reduction
provisions of this division.
(3) Under the provisions of 44 CFR chapter 1, section 65.12, of the
National Flood Insurance [Program] regulations, a community may permit
encroachments within the adopted regulatory floodway that would result in an
increase in base flood elevations, provided that the community first applies for
a conditional FIRM and floodway revision through FEMA.
Section 38.
THAT Chapter 24, Article 24.05 of the Code of Ordinances of the City of Beaumont, be
and the same is hereby amended by adding a new Section 24.05.078 to read as
follows:
Sec. 24.05.078 Reasonable Accommodation
It is the policy and practice of the City of Beaumont to provide reasonable
accommodations to individuals with disabilities and developers of housing for persons
with disabilities, which allows for the modification or exception to the City's codes and
regulations, to ensure equal access to housing and to facilitate the development of
housing for individuals with disabilities. A review process exists to consider requests for
reasonable accommodation in order to eliminate barriers to housing opportunities for
persons with disabilities. The policy as adopted by Resolution No. 16-146 of the City of
Beaumont is incorporated herein by reference to be used in conjunction with the
purposes of this code.
Section 39.
THAT Chapter 24, Article 24.06, Section 24.06.001 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.06.001 is
hereby adopted to read as follows:
Sec. 24.06.001 Definitions
As used in this article, the following terms shall have the meanings ascribed to them:
Recreational vehicle. A vehicular type unit primarily designed as temporary living
quarters for recreational, camping or travel use, which either has its own motive power
or is mounted on or drawn by another vehicle. The basic entities are travel trailer,
camping trailer, fifth -wheel camper and motor home. For the purposes of this article,
RVs shall be classified as either dependent, meaning an RV that does not contain toilet
and/or bathing facilities, or independent, an RV that contains toilet and/or bathing
facilities.
Recreational vehicle lot. A parcel of land in a recreational vehicle park set aside for the
placement of a single recreational vehicle and for the exclusive use of its occupants.
Recreational vehicle pad. That area of a recreational vehicle lot intended for the
placement of the recreational vehicle.
Site plan. A line drawing clearly describing the trailer park and its environs and shall
include adequate labeling and dimensioning of all fundamental features of the project,
the legal description of the property, north point, and date, and shall be drawn to
engineering scale.
Trailer coach. A transportable single-family dwelling unit which is or may be mounted on
wheels, suitable for year-round occupancy and containing the same water supply, waste
disposal and electrical conveniences as immobile housing, and shall include the terms
"mobile home" and "modular home."
Trailer park "A". A parcel of land under single ownership which has been planned and
improved for the placement of trailer coaches for transient use, supplementary
structures and accessory uses not prohibited by chapter 28 of this Code of Ordinances.
Trailer park "8". A parcel of land which is:
(1) Under multiple ownership or which may be developed under multiple
ownership;
(2) Recorded in its entirety as a subdivision plat with the appropriate right-
of-way dedications for streets, alleys and/or easements, lots and blocks; and
(3) For the placement of trailer coaches for nontransient use,
supplementary structures and accessory uses not prohibited by chapter 28 of
this Code of Ordinances.
Trailer park "C". A parcel of land which is occupied or intended for occupancy by
recreational vehicles for transient dwelling purposes regardless of whether or not a
charge is made for such service. For the purposes of this article, recreational vehicle
park and travel trailer park shall have the same meaning.
Transient. To occupy a space for only a brief stay.
Section 40.
THAT Chapter 24, Article 24.06, Section 24.06.003 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.06.003 is
hereby adopted to read as follows:
Sec. 24.06.003 Action to prevent and abate violation
In case any building, structure or trailer coach is erected, constructed, reconstructed,
altered, repaired, converted or maintained, or any building, structure, trailer coach or
land is used, in violation of section 24.06.007 or in violation of any applicable section of
chapter 28 of this code, the city manager, in addition to other remedies, may institute
any proper action or proceeding in the name of the city to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion, maintenance or
use, to restrain, correct or abate such violations, to prevent the occupancy of such
building, structure, trailer coach or land, or to prevent any illegal act, conduct, business
or use in or about such premises.
Section 41.
THAT Chapter 24, Article 24.06, Section 24.06.041 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.06.041 is
hereby adopted to read as follows:
Sec. 24.06.041 Building permit required
No person shall erect or construct, or proceed with the erection or construction, add to,
enlarge, improve, alter, repair, convert, extend or demolish any trailer park, type "A" or
"B", trailer coach stand, building, structure, fence or any part thereof, or install any
plumbing, electrical or mechanical equipment as a part of the site, building or structure,
or make any other improvements to any trailer coach lot "A" or "B" or cause the same to
be done within a trailer park type "A" or "B" as defined herein without obtaining a
building permit from the building official; provided further, said building permit shall be
granted only after a permit for a type "A" or "B" trailer park, as set out in section
24.06.042, has been granted by the city council and that such conforms to the permit
approved and/or granted by the city council and on file in the division of planning and
zoning.
Section 42.
THAT Chapter 24, Article 24.06, Section 24.06.042 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.06.042 is
hereby adopted to read as follows:
Sec. 24.06.042 Park permit required; conditions; fee
Prior to the issuance of a building permit by the building official, the city council shall
approve a trailer park permit, "A" or "B" type. Application for a permit shall be made in
writing to the director of planning, signed, and shall contain the name and address of
the applicant, location and address of the trailer park, and legal description of the
property to be used for the trailer park and accompanied by a site plan and by the
deposit of a fee of seventy-five dollars ($75.00); provided, however, the director of
planning shall reserve the right to refuse to examine any incomplete, unintelligible or
indefinite drawings or plans, and such proposed trailer park type "A" or "B" plans shall
conform to the minimum standards as set out in sections 24.06.005 and 24.06.006. is
hereby adopted to read as follows:
Sartinn d�
THAT Chapter 24, Article 24.06, Section 24.06.043 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.06.043 is
hereby adopted to read as follows.-
Sec.
ollows:
Sec. 24.06.043 Revocation of type "A" trailer park permit
A trailer park permit type "A", as issued by the city council, may be revoked or
suspended by the building inspector for any period of time, after written notice to the
permit holder and upon a determination by him that:
(1) The permit holder, an employer or any employee of the permit holder
has violated any provision of this article or any provision of chapter 28 of this
code relating to trailer parks, within sixty (60) days immediately preceding the
date of revocation.
(2) The permit holder or owner of the trailer park for which the permit is
issued is failing to comply and maintain said trailer park in compliance with
the requirements set forth in section 24.06.005 providing for certain minimum
standards.
(3) The permit holder, an employer or any employee of the permit holder
has refused to allow the director of health or any of his inspectors, the
building official or any of his inspectors, the chief of police, the chief of the fire
department, or any of their authorized employees, or any other duly
authorized employee of the city, to enter upon the trailer park at all
reasonable times for the purpose of inspecting same for compliance with the
provisions of this article and any other applicable city ordinance.
Section 44.
THAT Chapter 24, Article 24.06 of the Code of Ordinances of the City of Beaumont, be
and the same is hereby amended by adding a new Section 24.06.009 to read as
follows.-
Sec.
ollows:
Sec. 24.06.009 Reasonable Accommodation
It is the policy and practice of the City of Beaumont to provide reasonable
accommodations to individuals with disabilities and developers of housing for persons
with disabilities, which allows for the modification or exception to the City's codes and
regulations, to ensure equal access to housing and to facilitate the development of
housing for individuals with disabilities. A review process exists to consider requests for
reasonable accommodation in order to eliminate barriers to housing opportunities for
persons with disabilities. The policy as adopted by Resolution No. 16-146 of the City of
Beaumont is incorporated herein by reference to be used in conjunction with the
purposes of this code.
Section 45.
THAT Chapter 24, Article 24.07, Section 24.07.002 of the Code of Ordinances of the
City of Beaumont, be and the same is hereby repealed and a new Section 24.07.002 is
hereby adopted to read as follows:
Sec. 24.07.002 Violation; penalty
Every person who violates the provisions of section 24.07.001 shall be guilty of a
misdemeanor and shall be punished as provided in section 1.01.009 of this code;
provided, however, that the court in its discretion may dismiss said violation if the
defendant presents the court photographic or other compelling evidence that the
building has subsequently been brought into compliance with section 24.07.001. For
each dismissal under this section, the court may assess a fee not to exceed ten dollars
($10.00).
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
February, 2017.
- Mayor Becky Ames -
3
February 7, 2017
Consider an ordinance adopting the 2015 edition of the International Fire Code, with local
exceptions
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: February 7, 2017
REQUESTED ACTION: Council consider an ordinance adopting the 2015 edition of the
International Fire Code, with local exceptions.
BACKGROUND
The City currently operates under the 2009 International Fire Code. We now propose to adopt the
2015 International Fire Code with some local exceptions.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 8 OF THE
CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO
ADOPT THE 2015 EDITION OF THE INTERNATIONAL FIRE CODE
AND MAKING LOCAL AMENDMENTS TO SAME; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
.qarfinn 1
That Chapter 8, Article 8.1 of the Code of Ordinances of the City of Beaumont be
and the same is hereby amended by adding a new Section 8.01.001 to read as follows:
Sec. 8.01.001 Reasonable Accommodation
It is the policy and practice of the City of Beaumont to provide reasonable
accommodations to individuals with disabilities and developers of housing for persons
with disabilities, which allows for the modification or exception to the City's codes and
regulations, to ensure equal access to housing and to facilitate the development of
housing for individuals with disabilities. A review process exists to consider requests for
reasonable accommodation in order to eliminate barriers to housing opportunities for
persons with disabilities. The policy as adopted by Resolution No. 16-146 of the City of
Beaumont is incorporated herein by reference to be used in conjunction with the
purposes of this code.
RPrfinn 9
THAT Chapter 8, Article 8.02, Section 8.02.001 of the Code of Ordinances of the City of
Beaumont, be and the same is hereby repealed and a new Section 8.02.001 is hereby
adopted to read as follows:
Sec. 8.02.001 Adopted
A certain document, one copy of which is on file in the office of the city clerk, being
marked and designated as the International Fire Code, 2015 edition, including appendix
chapters A through M, as published by the International Code Council, be and is hereby
adopted as the fire code of the city, regulating and governing the safeguarding of life
and property from fire and explosion hazards arising from the storage, handling and use
of hazardous substances, materials and devices, and from conditions hazardous to life
or property in the occupancy of buildings and premises as herein provided; providing for
the issuance of permits and collection of fees therefor; and each and all of the
regulations, provisions, penalties, conditions and terms of said fire code on file in the
office of the city are hereby referred to, adopted, and made a part hereof, as if fully set
out in this section, with the additions, insertions, deletions and changes, if any,
prescribed in section 8.02.002 of this article.
Sec. 8.02.002 Amendments
Section 101.1 of the International Fire Code is hereby amended as follows:
Section 101.1 These regulations shall be known as the Fire Code of the City
of Beaumont, Texas, hereinafter referred to as "this code."
Section 108.1 of the International Fire Code is hereby amended as follows:
Section 108.1 In order to hear and decide appeals of orders, decisions or
determinations made by the building official or the fire marshal relative to the
application and interpretation of this code, there shall be and hereby created
a board of appeals. The board of appeals shall be appointed by the applicable
governing authority and shall office at its pleasure. The board shall adopt
rules of procedure for conducting its business. The board shall consist of
seven (7) members, such board shall be composed of one architect, one
engineer, one member at large from the building industry, one building
contractor, one member at large from the public and two members from the
fire service and fire safety professions.
Section 109.3 of the International Fire Code is hereby amended as follows:
Section 109.3 Persons who shall violate a provision of this code or shall fail to
comply with any of the requirements thereof or who shall erect, install, alter,
repair or do work in violation of the approved construction documents or
directives of the fire code official, or of a permit or certificate used under
provisions of this code, shall be fined not less than $50.00 nor more than
$2000.00. Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
Section 111.4 of the International Fire Code is hereby amended as follows:
Section 111.4 Failure to comply. Any person who shall continue any work
after having been served with a stop work order, except such work as that
person is directed to perform to remove a violation or unsafe condition, shall
be liable to a fine of not less than $50.00 or more than $2000.00.
Section 202 is hereby amended by adding the following definitions:
Registered child care home. The primary caregiver provides regular care in
the caregiver's own residence for not more than six (6) children from birth
through thirteen (13) years for less than twenty-four (24) hours; and may
provide care after school hours for not more than six (6) additional elementary
school children. The total number of children in care at any given time,
including the children related to the caregiver, must not exceed twelve (12).
These registered child care homes shall be classified as R-3 residential
occupancies.
Licensed child care home. The primary caregiver provides care in the
caregiver's own residence for children from birth through thirteen (13) years
on a twenty-four (24) hour basis. The total number of children in care varies
with the ages of the children, but the total number of children in care at any
given time, including the children related to the caregiver, must not exceed
twelve (12). These licensed child care homes shall be classed as R-3
residential occupancies.
Section 901.5.2 is hereby added to read as follows:
Section 901.5.2 Reinspection fee. Any company installing a fire detection and
alarm system, a fire -extinguishing system, a fire sprinkler system, a fire
standpipe system, or any other fire protection system, shall test the
installation for proper operation and code compliance prior to scheduling an
acceptance test with the fire marshal's office. Failure to meet these
requirements will result in a reinspection fee of $100.00.
Section 903.2.8 of the International Fire Code is hereby amended to read as follows:
Section 903.2.8 Group R. An automatic sprinkler system installed in
accordance with Section 903.3 shall be provided throughout all buildings with
a Group R fire area.
Exception: Care facilities for five or fewer persons receiving care that are
within a single-family dwellingare permitted to comply with the International
Residential Code and shall not be required to have an automatic fire sprinkler
system.
Section 903.2.8.1 of the International Fire Code is hereby amended to read as follows:
Section 903.2.8.1 Group R-3. An automatic sprinkler systemin accordance
with Section 903.3.1.3 shall be permitted in Group R-3 occupancies.
Exception: Care facilities for five or fewer persons receiving care that are
within a single-family dwellingare permitted to comply with the International
Residential Code and shall not be required to have an automatic fire sprinkler
system.
Section 903.2.8.4 of the International Fire Code is hereby amended to read as follows:
Section 903.2.8.4 Care Facilities. An automatic sprinkler system shall not be required in
care facilities with five or fewer individuals in a single-family dwelling
Section 903.4.1.1 of the International Fire Code is hereby amended as follows:
Section 903.4.1.1 Monitoring systems. The sprinkler system shall be
supervised by a fire alarm panel separate from any other fire alarm panel
unless otherwise approved by the fire official.
Sections 907.1.4, 907.1.5 and 907.1.6 are hereby added to read as follows:
907.1.4 System required. A total coverage, NFPA 72 compliant fire alarm
system shall be installed in all non -sprinkled structures which are 2000
square feet or greater in size.
907.1.5 Tenant spaces. Individual spaces shall have an independent fire
alarm system.
907.1.6 Code requirements. All systems shall meet all federal, state and local
codes.
Section 1004.3 of the International Fire Code is hereby amended as follows:
Section 1004.3 Posting of occupant load. All assembly occupancies shall post
an occupant load. Every room or space shall have the occupant load of the
room or space posted in a conspicuous place, near the main entrance access
doorway to the room or space. Posted sign shall be of an approved legible
permanent design and shall be maintained by the owner or authorized agent.
Any occupancy that derives 51 percent or more of its income from the sale or
service of alcoholic beverages for on -premises consumption, any assembly
occupancy that sells or provides setups for the on -premises consumption of
alcoholic beverages and, any assembly occupancy that rents or leases rooms
or spaces for the on -premises consumption of alcoholic beverages as
determined by chapter 3, Texas Alcoholic Beverage Code, shall keep an
accurate count of the number of occupants, in the rooms or spaces with the
posted occupant load, during business hours. The building official, fire
marshal, or any other official authorized to enforce section 1004.3 may
require the owner or authorized agent to conduct an immediate recount of the
occupants, when the accurateness of the count is in question, in order to
determine the actual number. Should the actual count of occupants exceed
the posted occupant load, the occupancy owner or authorized agent will be
ordered to immediately reduce occupant load to within the posted limit. It shall
be unlawful for any person to violate or fail to comply with any provision of this
code. Each such person deemed guilty of a violation shall be punished by a
fine not exceeding two thousand dollars ($2000.00); provided, where such
fine is for an offense for which the state law imposes a fine, the fine imposed
by the municipal court shall be the same as the fine for each such like offense
under the state law. Each day any violation of any provision of this code
continues after due notice has been served shall constitute a separate
offense.
Section 27.02.01 of the International Fire Code is hereby repealed.
Section 3301.1.3 of the International Fire Code is hereby amended as follows:
Section 3301.1.3 Fireworks. The possession, manufacture, storage, sale,
handling and use of fireworks are prohibited.
Exceptions:
1. The use of fireworks for fireworks displays as allowed in section 3308.
Section 3404.2.9.6.1 of the International Fire Code is hereby amended as follows:
Section 3404.2.9.6.1 Locations where aboveground tanks are prohibited.
(A) Storage of flammable and combustible liquids, liquefied petroleum
gas and propane in tanks of ten thousand (10,000) gallons or less may
be established within the zoning districts designated Heavy Industrial (H-
1), Light Industrial (L-1) and Commercial Manufacturing (C -M) as defined
in chapter 28 of the Code of Ordinances and as found in the zoning map
of the City of Beaumont, and in accordance with NFPA 30.
(B) Bulk storage of flammable and combustible liquids, petroleum gas
and propane in tanks larger than ten thousand (10,000) gallons or as
bulk storage in which the materials are distributed either at wholesale or
retail to customers may be established within the zoning districts
designated Heavy Industrial (H-1) and Light Industrial (L-1) only after the
issuance of a specific use permit as provided in the zoning ordinance of
the City of Beaumont and in accordance with NFPA 30.
(C) The storage of flammable and combustible liquids in tanks of six
hundred sixty (660) gallons or less may be established within the zoning
districts designated General Commercial - Multiple Family Dwelling (GC -
MD) Districts providing that the following requirements are met:
(1) All tanks must be labeled.
(2) Tanks shall be double walled, installed at grade level.
(3) Tanks shall not be installed within 100 feet of the property line
of any established school, hospital, nursing home, day care center,
nursery school, or residential property.
(4) Guard posts or other approved means must be provided to
protect tanks from motor vehicle damage.
(a) Posts must be at least 4 inches in diameter and filled
with concrete.
(b) Posts must be at least 3 feet from the tank and spaced
not more than 4 feet apart.
(c) Posts must be at least 30 inches above grade and 33
inches below grade.
(5) Tanks must be enclosed in a chainlink fence at least 6 feet
high. The enclosed area must be secured, i.e.: gates locked.
(Exception: Tanks in vaults or located on property with a perimeter
security fence.)
(6) Tanks, accessories and installation shall comply with the fire
prevention code including amendments, NFPA codes, ANSI
publications, ASTM and other applicable codes.
(D) The storage of flammable and combustible liquids for use in
emergency power systems can be located in all zoning districts providing
that the following conditions are met:
(1) The tanks are attached to and part of the power system.
(2) The tanks are of double wall construction.
(3) The tanks are labeled by a nationally recognized testing lab.
(4) The tanks shall have a capacity of no greater than 72 hours
of operation.
(5) Guard posts or other approved means must be provided to
protect tanks from motor vehicle damage.
(a) Posts must be at least 4 inches in diameter and filled
with concrete.
(b) Posts must be at least 3 feet from the tank and spaced
not more than 4 feet apart.
(c) Posts must be at least 30 inches above grade and 33
inches below grade.
(6) Tanks must be enclosed in a chain link fence at least 6 feet
high. The enclosed area must be secured, i.e. gates locked.
(Exception: Tanks in vaults or located on property with a perimeter
security fence.)
(7) There will be no more than one tank on any tract of property.
(8) Tanks, accessories and installation shall comply with the fire
prevention code including amendments, NFPA codes, ANSI
publications, ASTM and other applicable codes.
Section 3404.2.11.3 is hereby added to read as follows:
Section 3404.2.11.3.1 Foundation required. Underground storage tanks with
a capacity of ten thousand (10,000) gallons or more shall be installed on a
twelve -inch thick, firm concrete foundation and attached by means of not less
than three (3) steel anchor straps, each of which having a minimum
dimension of one-quarter (1/4) inch thickness and two (2) inches width, or by
means of other approved straps and strapping methods, and fastened taut
around the tank by turnbuckles or other adjustable fittings which are capable
of withstanding at least as much stress as the straps.
Exception:
(1) Dead man anchors may be used provided that:
a) The anchors are manufactured and distributed by the
manufacturer of the tank being installed; and
b) Plans and documents for the proper size and length of the
anchors shall be provided along with the tank installation plans; and
c) Anchors shall be installed per manufacturer's recommended
installation procedures.
(2) Dead man anchors may be manufactured on location provided
that:
a) Sealed, engineered plans shall be submitted to the Fire
Marshal's office for approval prior to manufacture or installation of
the anchors; and
b) Construction of the anchors shall not deviate from the
engineered documents; and
C) Installation of the anchors shall comply with nationally
recognized standards; and
d) Prior to installation, the dead man anchors shall be inspected
by an inspector with the Beaumont Fire Rescue, Fire Marshal's
Office.
Section 3406.2.4.4 of the International Fire Code is hereby amended as follows:
Section 3406.2.4.4. Locations where aboveground tanks are prohibited.
(A) Storage of flammable and combustible liquids, liquefied petroleum
gas and propane in tanks of ten thousand (10,000) gallons or less may
be established within the zoning districts designated Heavy Industrial (H-
1), Light Industrial (L-1) and Commercial Manufacturing (C -M) as defined
in chapter 28 of the Code of Ordinances and as found in the zoning map
of the City of Beaumont, and in accordance with NFPA 30.
(B) Bulk storage of flammable and combustible liquids, petroleum gas
and propane in tanks larger than ten thousand (10,000) gallons or as
bulk storage in which the materials are distributed either at wholesale or
retail to customers may be established within the zoning districts
designated Heavy Industrial (H-1) and Light Industrial (L-1) only after the
issuance of a specific use permit as provided in the zoning ordinance of
the City of Beaumont and in accordance with NFPA 30.
(C) The storage of flammable and combustible liquids in tanks of six
hundred sixty (660) gallons or less may be established within the zoning
districts designated General Commercial - Multiple Family Dwelling (GC -
MD) Districts providing that the following requirements are met:
(1) All tanks must be labeled.
(2) Tanks shall be double walled, installed at grade level.
(3) Tanks shall not be installed within 100 feet of the property line
of any established school, hospital, nursing home, day care center,
nursery school, or residential property.
(4) Guard posts or other approved means must be provided to
protect tanks from motor vehicle damage.
(a) Posts must be at least 4 inches in diameter and filled
with concrete.
(b) Posts must be at least 3 feet from the tank and spaced
not more than 4 feet apart.
(c) Posts must be at least 30 inches above grade and 33
inches below grade.
(5) Tanks must be enclosed in a chain link fence at least 6 feet
high. The enclosed area must be secured, i.e. gates locked.
(Exception: Tanks in vaults or located on property with a perimeter
security fence.)
(6) Tanks, accessories and installation shall comply with the fire
prevention code including amendments, NFPA codes, ANSI
publications, ASTM and other applicable codes.
(D) The storage of flammable and combustible liquids for use in
emergency power systems can be located in all zoning districts providing
that the following conditions are met:
(1) The tanks are attached to and part of the power system.
(2) The tanks are of double wall construction.
(3) The tanks are labeled by a nationally recognized testing lab.
(4) The tanks shall have a capacity of no greater than 72 hours
of operation.
(5) Guard posts or other approved means must be provided to
protect tanks from motor vehicle damage.
(a) Posts must be at least 4 inches in diameter and filled
with concrete
(b) Posts must be at least 3 feet from the tank and spaced
not more than 4 feet apart.
(c) Posts must be at least 30 inches above grade and 33
inches below grade.
(6) Tanks must be enclosed in a chain link fence at least 6 feet
high. The enclosed area must be secured, i.e. gates locked.
(Exception: Tanks in vaults or located on property with a perimeter
security fence.)
(7) There will be no more than one tank on any tract of property.
(8) Tanks, accessories and installation shall comply with the fire
prevention code including amendments, NFPA codes, ANSI
publications, ASTM and other applicable codes.
Section 3506.2 of the International Fire Code is hereby amended as follows:
Section 3506.2 Limitations
(A) Storage of flammable cryogenic liquids in tanks of ten thousand
(10,000) gallons or less may be established within the zoning districts
designated Heavy Industrial (H-1), Light Industrial (L-1) and Commercial
Manufacturing (C -M) as defined in chapter 28 of the Code of Ordinances
and as found in the zoning map of the City of Beaumont, and in
accordance with NFPA 30.
(B) Bulk storage of flammable cryogenic liquids in tanks larger than
ten thousand (10,000) gallons or as bulk storage in which the materials
are distributed either at wholesale or retail to customers may be
established within the zoning districts designated Heavy Industrial (H-1)
and Light Industrial (L-1) only after the issuance of a specific use permit
as provided in the zoning ordinance of the City of Beaumont and in
accordance with NFPA 30.
(C) The storage of flammable cryogenic liquids in tanks of six hundred
sixty (660) gallons or less may be established within the zoning districts
designated General Commercial - Multiple Family Dwelling (GC -MD)
Districts providing that the following requirements are met:
(1) All tanks must be labeled.
(2) Tanks shall be double walled, installed at grade level.
(3) Tanks shall not be installed within 100 feet of the property line
of any established school, hospital, nursing home, day care center,
nursery school, or residential property.
(4) Guard posts or other approved means must be provided to
protect tanks from motor vehicle damage.
(a) Posts must be at least 4 inches in diameter and filled
with concrete.
(b) Posts must be at least 3 feet from the tank and spaced
not more than 4 feet apart.
(c) Posts must be at least 30 inches above grade and 33
inches below grade.
(5) Tanks must be enclosed in a chain link fence at least 6 feet
high. The enclosed area must be secured, i.e. gates locked.
(Exception: Tanks in vaults or located on property with a perimeter
security fence.)
(6) Tanks, accessories and installation shall comply with the fire
prevention code including amendments, NFPA codes, ANSI
publications, ASTM and other applicable codes.
Section 3804.2 of the International Fire Code is hereby amended as follows:
Section 3804.2. Maximum capacity within established limits. Within the limits
established by law restricting the storage of liquefied petroleum gas for the
protection of heavily populated or congested areas, the aggregate capacity of
any one installation shall not exceed a water capacity of 2,000 gallons and
may only be established within the zoning districts designated Heavy
Industrial (H-1), Light Industrial (L-1) and Commercial Manufacturing (C -M) as
defined in chapter 28 of the Code of Ordinances and as found in the zoning
map of the City of Beaumont, and in accordance with NFPA 30.
Chapter 50, Section 5002.1 "Definitions" of the International Fire Code is hereby
amended by adding definitions to read as follows:
Beaumont terminal - A freight terminal of a porter or motor carrier that
handles shipments of materials destined to or from the City of Beaumont so
long as the terminal is within the city limits.
Requiring placards - Any vehicle transporting hazardous materials in sufficient
quantity to require placarding as set forth in the Department of Transportation
Hazardous Materials Regulations.
Hazardous materials route - The following streets and highways and
segments of streets and highways:
(1) Cardinal Drive (US Hwys. 69, 96, 287) from IH -10 to east city
limits.
(2) IH -10 from west city limits to east city limits.
(3) Eastex Freeway (US Hwys. 69, 96, 287) from IH -10 to north city
limits.
(4) Martin Luther King Parkway (Spur 380) from Cardinal Drive to IH -
10 East.
(5) State Highway 105 from Eastex Freeway to west city limits.
(6) College Street (Hwy 90) from IH -10 to west city limits.
(7) From city limits west to Hwy 124 to Cardinal Drive.
(8) Major Dr. (Hwy 364) from Hwy 124 to Hwy 105.
(9) In other areas specifically designated by the fire official.
Chapter 50 shall be amended to add a new Section, 5004.14, to read as
follows:
Section 5004.14 Storage of plastic and rubber material. The storage of plastic
and rubber material within the city limits shall meet the following conditions:
(1) Such storage shall be accordance with the zoning laws of the city.
(2) The location of such storage shall be equipped with a fire sprinkler
system meeting the requirements of NFPA 13 for hazardous occupancy.
(3) The location of such storage shall be equipped with an automatic
fire alarm system meeting the requirements of NFPA 72.
(4) All offices, mechanical, maintenance and electrical rooms shall be
separated from the location of such storage by at least a one-hour fire
separation.
(5) A one-hour fire and smoke partition shall be in place dividing all
open areas of such storage into sections no larger than twenty-five
thousand (25,000) square feet.
(6) Such storage shall only be allowed in type I, II, III, or IV structures
as the same are defined by the International Building Code.
Section 5006 is hereby added to read as follows:
Section 5006
Transporting Hazardous Materials
Section 5006.1 Hazardous material route. No person shall haul or transport
any hazardous materials as defined in this chapter in a tank vehicle as
defined in this chapter, except upon the streets or highways designated in the
hazardous materials route as defined in this chapter.
(1) When it becomes necessary to leave the hazardous material route
for the purpose of going directly to or from a commercial or industrial
establishment, said vehicle shall:
(a) Take the shortest route between the hazardous material route
and the point of pickup and/or delivery.
(b) Use the established "truck routes" as defined in section
20.01.004 of the Code of Ordinances of the City of Beaumont to the
maximum extent possible.
Section 5006.2 Placards required. The operator of a vehicle used to transport
hazardous materials requiring placards shall:
(1) Apply and display appropriate placards meeting Department of
Transportation specifications on each end and each side of the vehicle,
and
(2) Before operation, inspect the vehicle and determine that:
(a) The brakes are in good working condition;
(b) The steering mechanism is in good working condition;
(c) The electrical wiring is well insulated and firmly secured; and
(d) The vehicle is in a condition adequate to safely transport
hazardous materials.
Section 5006.3 Prohibited hazardous materials area. No operator of a motor
vehicle transporting hazardous materials as defined in the chapter shall
transport those materials on any street or highway, or segment of a street or
highway, now or hereafter designated as a "prohibited hazardous materials
area."
Chapter 56, section 5601.1.3 shall be amended to read;
Fireworks, The possession, manufacture, storage, sale, handling and use of fireworks
are prohibited.
Exceptions:
1. The use of fireworks for fireworks displays as allowed in Section 5608.
Chapter 57, Section 5704.2.9.6.1, "Location where above ground tanks are prohibited,"
shall be amended to read as follows:
Section 5704.2.9.6.1. Locations where above -ground tanks are prohibited
(A) Storage of flammable and combustible liquids, liquefied petroleum gas and propane
in tanks of ten thousand (10,000) gallons or less may be established within the zoning
districts designated Heavy Industrial (H-1), Light Industrial (L-1) and Commercial
Manufacturing (C -M) as defined in Chapter 30 of the Code of Ordinances and as found
in the zoning map of the City of Beaumont, and in accordance with NFPA 30.
(B) Bulk storage of flammable and combustible liquids, petroleum gas and propane in
tanks larger than ten thousand (10,000) gallons or as bulk storage in which the
materials are distributed either at wholesale or retail to customers may be established
within the zoning districts designated Heavy Industrial (H-1) and Light Industrial (L-1) only
after the issuance of a specific use permit as provided in the zoning ordinance of the
City of Beaumont and in accordance with NFPA 30.
(C) The storage of flammable and combustible liquids in tanks of six -hundred sixty (660)
gallons or less may be established within the zoning districts designated General
Commercial, Manufacturing Districts (GC -MD) providing that the following requirements
are met:
(1) All tanks must be labeled.
(2) Tanks shall be double walled, installed at grade level.
(3) Tanks shall not be installed within 100 feet of the property line of any established
school, hospital, nursing home, day care center, nursery school, or residential property.
(4) Guard posts or other approved means must be provided to protect tanks from motor
vehicle damage.
(a) Posts must be at least 4 inches in diameter and filled with concrete.
(b) Posts must be at least 3 feet from the tank and spaced not more than 4 feet apart.
(c) Posts must be at least 30 inches above grade and 33 inches below grade.
(5) Tanks must be enclosed in a chain link fence at least 6 feet high. The enclosed area
must be secured, i.e.: gates locked. (Exception: Tanks in vaults or located on property
with a perimeter security fence.)
(6) Tanks, accessories and installation shall comply with the fire prevention code
including amendments, NFPA codes, ANSI publications, ASTM and other applicable
codes.
Chapter 57, Flammable and Combustible Liquids. A new Section 5704.2.11.2.1 shall
added to read as follows:
Section 5704.2.11.2.1. Foundation Required
Underground storage tanks with a capacity of ten thousand (10,000) gallons or more
shall be installed on a twelve -inch thick, firm concrete foundation and attached by
means of not less than three (3) steel anchor straps, each of which having a minimum
dimensions of one-quarter (1/4) inch thickness and two (2) inches width, or by means of
other approved straps and strapping methods, and fastened taut around the tank by
turnbuckles or other adjustable fittings which are capable of withstanding at least as
much stress as the straps.
Exception:
(1) Dead man anchors may be used provided that:
a) The anchors are manufactured and distributed by the manufacturer of the tank
being installed; and
b) Plans and documents for the proper size and length of the anchors shall be
provided along with the tank installation plans; and
c) Anchors shall be installed per manufacturer's recommended installation
procedures.
(2) Dead man anchors may be manufactured on location provided that:
a) Sealed, engineered plans shall be submitted to the Fire Marshal's office for
approval prior to manufacture or installation of the anchors; and
b) Construction of the anchors shall not deviate from the engineered documents; and
c) Installation of the anchors shall comply with nationally recognized standards; and
d) Prior to installation, the dead man anchors shall be inspected by an inspector with
the Beaumont Fire Rescue, Fire Marshal's Office.
Chapter 57, Section 5706.2.4.4 shall be amended to read as follows:
Section 5706.2.4.4. Locations where above -ground tanks are prohibited
(A) Storage of flammable and combustible liquids, liquefied petroleum gas and propane
in tanks of ten thousand (10,000) gallons or less may be established within the zoning
districts designated Heavy Industrial (H-1), Light Industrial (L-1) and Commercial
Manufacturing (C -M) as defined in Chapter 30 of the Code of Ordinances and as found
in the zoning map of the City of Beaumont, and in accordance with NFPA 30.
(B) Bulk storage of flammable and combustible liquids, petroleum gas and propane in
tanks larger than ten thousand (10,000) gallons or as bulk storage in which the
materials are distributed either at wholesale or retail to customers may be established
within the zoning districts designated Heavy Industrial (H-1) and Light Industrial (L-1) only
after the issuance of a specific use permit as provided in the zoning ordinance of the
City of Beaumont and in accordance with NFPA 30.
(C) The storage of flammable and combustible liquids in tanks of six -hundred sixty (660)
gallons or less may be established within the zoning districts designated General
Commercial, Manufacturing Districts (GC -MD) providing that the following requirements
are met:
(1) All tanks must be labeled.
(2) Tanks shall be double walled, installed at grade level.
(3) Tanks shall not be installed within 100 feet of the property line of any established
school, hospital, nursing home, day care center, nursery school, or residential property.
(4) Guard posts or other approved means must be provided to protect tanks from
motor vehicle damage.
(a) Posts must be at least 4 inches in diameter and filled with concrete.
(b) Posts must be at least 3 feet from the tank and spaced not more than 4 feet
apart.
(c) Posts must be at least 30 inches above grade and 33 inches below grade.
(5) Tanks must be enclosed in a chain link fence at least 6 feet high. The enclosed
area must be secured, i.e.: gates locked. (Exception: Tanks in vaults or located on
property with a perimeter security fence.)
(6) Tanks, accessories and installation shall comply with the fire prevention code
including amendments, NFPA codes, ANSI publications, ASTM and other applicable
codes.
(D) The storage of flammable and combustible liquids for use in emergency power
systems can
be located in all zoning districts providing that the following conditions are met;
(1) The tanks are attached to and part of the power system.
(2) The tanks are of double wall construction.
(3) The tanks are labeled by a nationally recognized testing lab.
(4) The tanks shall have a capacity of no greater than 72 hours of operation.
(5) Guard posts or other approved means must be provided to protect tanks from
motor vehicle damage.
(a) Posts must be at least 4 inches in diameter and filled with concrete
(b) Posts must be at least 3 feet from the tank and spaced not more
than 4 feet apart.
(c) Posts must be at least 30 inches above grade and 33 inches below
grade.
(6) Tanks must be enclosed in a chain link fence at least 6 feet high. The enclosed
area must be secured, i.e.: gates locked. (Exception: Tanks in vaults or located on
property with a perimeter security fence.)
(7) There will be no more than one tank on any tract of property.
(8) Tanks, accessories and installation shall comply with the fire prevention code
including amendments, NFPA codes, ANSI publications, ASTM and other applicable
codes.
Chapter 58, Flammable Gasses And Cryogenic Fluids, Section 5806.2 shall be
amended to read as follows:
Section 5806.2 Limitations
(A) Storage of flammable cryogenic liquids in tanks of ten thousand (10,000) gallons or
less may be established within the zoning districts designated Heavy Industrial (H-1),
Light Industrial (L-1) and Commercial Manufacturing (C -M) as defined in Chapter 30 of
the Code of Ordinances and as found in the zoning map of the City of Beaumont, and in
accordance with NFPA 30.
(B) Bulk storage of flammable cryogenic liquids in tanks larger than ten thousand
(10,000) gallons or as bulk storage in which the materials are distributed either at
wholesale or retail to customers may be established within the zoning districts
designated Heavy Industrial (H-1) and Light Industrial (L-1) only after the issuance of a
specific use permit as provided in the zoning ordinance of the City of Beaumont and in
accordance with NFPA 30.
(C) The storage of flammable cryogenic liquids in tanks of six -hundred sixty (660)
gallons or less may be established within the zoning districts designated General
Commercial, Manufacturing Districts (GC -MD) providing that the following requirements
are met:
(1) All tanks must be labeled.
(2) Tanks shall be double walled, installed at grade level.
(3) Tanks shall not be installed within 100 feet of the property line of any established
school, hospital, nursing home, day care center, nursery school, or residential property.
(4) Guard posts or other approved means must be provided to protect tanks from motor
vehicle damage.
(a) Posts must be at least 4 inches in diameter and filled with concrete.
(b) Posts must be at least 3 feet from the tank and spaced not more than 4 feet apart.
(c) Posts must be at least 30 inches above grade and 33 inches below grade.
(5) Tanks must be enclosed in a chain link fence at least 6 feet high. The enclosed area
must be secured, i.e.: gates locked. (Exception: Tanks in vaults or located on property
with a perimeter security fence.6) Tanks, accessories and installation shall comply with
the fire prevention code including amendments, NFPA codes, ANSI publications, ASTM
and other applicable codes.
Chapter 61, "Liquid Petroleum gas" Section 6104.2 shall be amended to read as
follows..
Section 6104.2. Maximum Capacity within Established Limits
Within the limits established by law restricting the storage of liquefied petroleum gas for
the protection of heavily populated or congested areas, the aggregate capacity of any
one installation shall not exceed a water capacity of 2,000 gallons and may only be
established within the zoning districts designated Heavy Industrial (H-1), Light Industrial
(L-1) and Commercial Manufacturing (C -M) as defined in Chapter 30 of the Code of
Ordinances and as found in the zoning map of the City of Beaumont, and in accordance
with NFPA 30.
Appendix D "Fire Apparatus Access Roads," Section D, shall be amended to include,
Section D103.6.3, Approved signs are to be spaced at twenty-five foot intervals.
Section D103.6.4. Curb Markings
As an alternative to signs, where the premises have curbs, the words "FIRE LANE, NO
PARKING" may be painted;
(a) in four inch white letters,
(b) on a red background;
(c) at twenty-five foot intervals.
Section 3. Fire Service Fees.
(1) The Fire Chief is hereby authorized to calculate fees for the following fire related
services based on the equipment, materials and labor necessary in each instance to
provide the fire service. The person in control of the property or the person owning the
property, real or personal, involved shall be responsible to pay the amount charged for
such services upon receipt of a bill.
(a) Response to and mitigation of a spill or release into the environment of a hazardous
material as defined in Chapter 50 of the International Fire Code.
(b) Response to and standby exceeding one (1) hour at the scene of a potential release
of a hazardous material as defined in Chapter 50 of the International Fire Code.
(c) Response to and mitigation of an unauthorized open burning associated with land
clearing or demolition activities.
(2) The following fees are hereby set for the following fire services or occurrence:
Service Fees
(a) Annual inspection fee required for target hazards including but
not limited to hospitals, nursing homes, assisted living centers, and
other such properties which require multiple inspections within the
year ....................
(b) Annual inspection fee required for state licensed properties
which require a single inspection per year
(c) Fee schedule for installation and/or removal of fuel storage
tanks and dispensing units:
First tank
Each additional tank
Each dispensing unit
(d) Failure to immediately notify the fire official of any
disconnection and/or interruption of any fire protection system. This
shall also include any fire protection system found to be unsafe,
impaired, or inoperable...
Section D103.6 of the International Fire Code is hereby amended as follows:
$250.00
$ 50.00
$200.00
$75.00
$50.00
$500.00
D103.6 Signs. Where required by the fire code official , fire apparatus access
roads shall be marked with permanent NO PARKING—FIRE LANE signs
complying with figure D103.6. Signs shall have a minimum dimension of 12
inches (305 mm) wide by 18 inches (457 mm) high and have red letters on a
white reflective background. Signs shall be posted on one or both sides of the
fire apparatus road as required by section D103.6.1 or D103.6.2. Approved
signs are to be spaced at twenty-five foot intervals.
Section D103.6.3 is hereby added to read as follows:
Section D103.6.3 Curb markings. As an alternative to signs, where the
premises have curbs, the words "FIRE LANE, NO PARKING" may be painted:
(a) In four -inch white letters;
(b) On a red background;
(c) At twenty-five foot intervals.
0artinn 'I
THAT Chapter 8, Article 8.03, Section 8.03.002 of the Code of Ordinances of the City of
Beaumont, be and the same is hereby repealed and a new Section 8.02.002 is hereby
adopted to read as follows:
Sec. 8.03.002 Exceptions from prohibition
Section 8.03.001 shall not apply to the sale of any such article or articles by wholesalers
to each other, or to the sale of any such article or articles at wholesale to merchants
conducting business entirely outside the city, or to the sale by wholesalers for private or
public demonstrations as hereinafter provided, or to the storage of any such article or
articles by such wholesalers for any of such purposes, or to the sale, storage or use of
colored flares or railroad track torpedoes or other transportation signaling devices, or to
the sale, storage or use of flashlight composition by photographers or dealers in
photographic supplies, or to the sale, storage or use of blank cartridges for theatrical
purposes or for signal purposes in athletic contests or sports events, or for the use of
any police organization or federal or state militia.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
February, 2017.
- Mayor Becky Ames -