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03/19/2024 PACKET
REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, MARCH 19, 2024 1:30 PM AGENDA CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL PROCLAMATIONS PRESENTATIONS FY 2023 Annual Comprehensive Financial Report Presentation by Patillo, Brown & Hill, LLP RECOGNITIONS PUBLIC COMMENT ON AGENDA/CONSENT Citizens may speak on the Consent Agenda/Regular Agenda Items 1-7 and 11 (or any other topic). Items 8-10 have already been heard in a Public Hearing therefore, citizens cannot speak on the items. CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Council to consider approving the March 5, 2024, City Council meeting minutes. B. Council consider a resolution authorizing the City Manager to execute Change Order No. 6 to the contract with ALLCO LLC, of Beaumont, for the Pine Street SWTP Polymer System and Chemical Storage Tank Improvements (REBID) Project. C. Council consider a resolution rejecting all proposals for Rigging Maintenance and Upgrade at the Julie Rogers Theatre. D. Council consider authorizing the City Manager to amend an agreement with GP Realty and Management, Inc. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a mixed-use building including retail and apartments at 670-72 and 690 Orleans Street. E. Council consider authorizing the City Manager to amend an agreement with GP Realty and Management, Inc. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of an apartment complex at 704 Neches Street. F. Council consider a resolution approving the purchase of two (2) Pro Series Ambulance Stretchers G. Council consider a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in Seven Stars Subdivision, Phase One. H. Council consider a resolution approving the replacement of the public safety server cluster from CDW-G of Vernon Hills, IL. I. Council consider a resolution authorizing the execution of a License to Encroach Agreement with Jesse and Stella Flores. J. Council consider a resolution approving a contract with Abercrombie, Simmons and Gillette (AS&G) of Houston for Workers Compensation Claims Administration. REGULAR AGENDA 1. Council consider a resolution authorizing the City Manager to award a contract to Lopez Utilities Contractor, LLC, of Houston, TX for the Wescalder Rd Pipe Bursting Project (Washington Blvd to Baker Rd). 2. Council consider a resolution approving the repair of a Caterpillar 826K Compactor for use on the landfill. 3. Council consider a resolution authorizing the City Manager to execute related documents to purchase property located at 792 Catalpa Street. 4. Council consider a resolution approving a contract to Vortex Companies for the Multi Sensor Inspection of the West Lucas Drive storm sewer. 5. Council consider a resolution authorizing eminent domain proceeding to acquire an exclusive water line easement at 7705 Water Edge. 6. Council consider an ordinance denying Texas Gas Service Company proposed rates. 7. Council consider amending Chapter 24 of the Code of Ordinances of the City of Beaumont, to reflect updated construction codes and local amendments. 8. Council consider a request for a Specific Use Permit to allow a duplex within the R-S (Residential Single-Family Dwelling) District for property located at 5445 Garner Road. 9. Council consider a request for a Specific Use Permit to allow a church within the R-S (Residential Single-Family Dwelling) District for property located at 2190 Milam Street. 10. Consider a request for amendments to the Zoning Ordinance concerning yard requirements for planned unit and cluster housing developments, Sections 28.04.004 and 28.04.008. WORK SESSION 1. Review and discuss proposed changes to Chapter 6 of the City Ordinances. 2. Review and discuss proposed changes to Chapter 10 of the City Ordinances. REGULAR AGENDA 11. Council consider a request for amendments to the Tow Trucks, Tow Companies, and Tow Truck Operators Ordinance; Sections 6.08.003 and 6.08.005. COUNCIL COMMENTS ADJOURNMENT Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at (409) 880-3777. A TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, City Clerk MEETING DATE: March 19, 2024 REQUESTED ACTION: Council to consider approving the March 5, 2024, City Council meeting minutes. BACKGROUND None FUNDING SOURCE None RECOMMENDATION Approval of the minutes ATTACHMENTS Minutes - March 5, 2024 Minutes – March 5, 2024 MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert “A.J.” Turner, Mayor Pro Tem ROY WEST, MAYOR Randy Feldschau, At-Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Ward III MARCH 5, 2024 Chris Durio, Ward IV Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on March 5, 2024, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition Public Comment: Persons may speak on the Consent Agenda/Regular Agenda items 1-5. (or any other topic). Mayor West called the council meeting to order at 1:30 p.m. Pastor Julie Stephenson with First Christina Church gave the invocation. Mayor West led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor West, Mayor Pro Tem Turner, Councilmembers Durio, Getz, Feldschau, Samuel and Neild. Absent: Kenneth Williams, City Manager. Also present were Sharae Reed, City Attorney and Tina Broussard, City Clerk. Proclamations, Presentation and Recognition “Women’s History Month” – March 2024 – Proclamation read by Tina Broussard, City Clerk, accepting Michelle Turner, President, Beaumont Alumnae Chapter of Delta Sigma Theta Sorority, Inc. “105th Celebration of the American Legion” – March 15, 2024 – Proclamation read by Councilmember Chris Durio, accepting Cheryl Williams, State Chaplain of the American Legion Post 817 Public Comment: Persons may speak on the Consent Agenda/Regular Agenda Items 1-5. (or any other topic). (Public comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) David Pete 6355 Chinn Ln. Beaumont TX Minutes – March 5, 2024 Jason Marshburn 1070 Monterrey Dr. Beaumont TX Thefarro Richard 5275 Parkview Dr. Beaumont TX Addie Allen 9695 Gross Dr. Beaumont TX CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non- controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Council to consider approving the February 20, 2024, City Council meeting minutes. B. Council to consider an Ordinance amending Ordinance 24-009 – Ordinance 24-009-A C. Council to consider a resolution authorizing the City Manager to apply for and receive grant funds from the Foundation for Southeast Texas, HEB, and Entergy, for the Annual Summer Reading Program – Resolution 24-057 D. Council to consider a resolution approving the contract for the purchase of janitorial supplies – Resolution 24-058 E. Council to consider approving a resolution to apply for a grant from the Outdoor Recreation Legacy Partnership (ORLP) Program to establish a Food Truck Park – Item Removed F. Council to consider authorizing the Beaumont Convention and Visitors Bureau to apply for grant monies from the Jefferson County Tourism Commission (JCTC), for $3,000.00 – Resolution 24-059 G. Council to Consider authorizing the Beaumont Convention and Visitors Bureau to apply for grant monies from the Jefferson County Tourism Commission (JCTC), for $11,000 for partial payment of outdoor activities of Cattail Marsh Education Center at Tyrell Park – Resolution 24-060 Councilmember Neild moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED REGULAR AGENDA 1. Council to consider a resolution approving the repair of a Caterpillar D8T Bulldozer for use on the landfill. Minutes – March 5, 2024 Unit 5190 is a 2014 Caterpillar D8T bulldozer that is one of two heavy bulldozers used by the landfill for the primary movement of trash. This unit has 20,615 frame hours on it and was rebuilt in 2020 @13,300 hours. The expectation of a full rebuild is that the engine will last somewhere from 13,000 – 15,000 hours which is a typical industry standard. On November 3, 2023, the unit began to experience low oil pressure. Fleet personnel went through troubleshooting and attempted initial repairs which were unsuccessful. Mustang CAT was contacted on the issue and attempted to address the low-pressure issues by first replacing the oil pump and associated parts and then replacing the oil filter housing and associated parts. These steps were part of the CAT troubleshooting process to attempt to resolve the issue without having to replace the engine. Unfortunately, all other options have been tried and the unit needs a full engine replacement. The engine replacement would be completed by Mustang CAT of Houston in the amount of $110,990.42. Mustang CAT is the sole source vendor. The work includes failure analysis in an attempt to determine the cause of the premature engine failure and also includes a 3 year/5,000-hour warranty on the new engine. This unit is one of two D8T bulldozers used in operations at the landfill. A new bulldozer, of this size and make, would cost an estimated $1,300,000. Funds will come from the Fleet Fund. Approval of the resolution. Councilmember Feldschau moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE ENGINE REPLACEMENT REPAIR ON UNIT 5190, A 2014 CATERPILLAR D8T BULLDOZER FOR USE IN THE LANDFILL IN THE AMOUNT OF $110,990.42, FROM MUSTANG CAT, OF HOUSTON, TEXAS, THE REPAIR WILL INCLUDE A THREE (3) YEAR/5,000-HOUR WARRANTY. Councilmember Getz seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-061 2. Council to consider a resolution authorizing the purchase of one (1) Primary Recirculation Pump Replacement at the Wastewater Treatment Plant. The Wastewater Treatment Plant is a trickling filter plant and requires that the media on the filters stay wet during low flow times. The Recirculation Station started with three (3) pumps in its original design (5, 10, and 15 MGD). Two (2) working pumps are a must for the plant to function efficiently. As of today, two (2) of the three (3) pumps are out of service therefore, we are requesting one (1) pump and motor be approved for immediate replacement. Minutes – March 5, 2024 The total pricing for one (1) Fairbanks Morse pump and motor is $215,032.00 and was obtained from JDC Fluid Equipment, LLC, of Houston, the sole source provider of the Fairbanks Morse pumps used at the Wastewater Treatment Plant. The delivery time is estimated to be between 22-24 weeks after the order is received. Funds will come from the Water Fund. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE PURCHASE OF ONE (1) PRIMARY RECIRCULATION PUMP REPLACEMENT AT THE WASTEWATER TREATMENT PLANT FROM JDC FLUID EQUIPMENT, LLC, OF HOUSTON, TEXAS, IN THE AMOUNT OF $215,032.00. Mayor Pro Tem Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-062 3. Council to consider a resolution authorizing the City Manager to award a contract to Texas Drainage, Inc., of Waller, TX for the Citywide Ditching Program Phase 2A. The Citywide Ditching Program Phase 2A consists of the excavation and removal of excess material of approximately 155,676 linear feet of existing roadside ditches. The program also provides for the replacement of 109 driveway culverts. The work for this phase is to take place in the designated areas of Wards 2 and 3. On February 22, 2024, four (4) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate is $1,456,546.00. The bid totals are indicated in the table below: Contractor Location Base Bid Amount Texas Drainage, Inc. Waller, TX $1,072,944.96 BDS Constructors LLC dba MK Constructors Vidor, TX $1,459,133.00 Eastex Utility Construction LLC Beaumont, TX $1,459,614.20 ALLCO, LLC Beaumont, TX $3,961,109.27 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Texas Drainage, Inc., in the base bid amount of $1,072,944.96. A total of 200 calendar days are allocated for completion of the project. Funds will come from Certificates of Obligation. Approval of the resolution. Councilmember Getz moved to APPROVE A RESOLUTION THE CITY COUNCIL HEREBY APPROVED THE AWARD OF A CONTRACT TO TEXAS DRAINAGE, INC., OF WALLER, TEXAS, IN THE AMOUNT OF $1,072,944.96 FOR THE CITYWIDE DITCHING PROGRAM PHASE 2A PROJECT AND Minutes – March 5, 2024 THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH TEXAS DRAINAGE, INC., OF WALLER, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-063 4. Council to consider a resolution authorizing the purchase of furniture for the Real Time Crime Center (RTCC). Dispatch Consoles, Workstations and a conference table are needed for the Police Department's New Real Time Crime center and will be purchased from Russ Bassett Corporation in the total amount of $120,871.59. Pricing was obtained utilizing H-GAC contract. H-GAC is a cooperative purchasing association that complies with Texas procurement statutes. Funds will come from the FY22 Edward Byrne Memorial Justice Assistance Grant, $51,231; FY23 Edward Byrne Memorial Assistance Grant, $30,511.33; Capital Reserve Fund, $9,679.26 and Confiscated Goods Account, $29,450. Approval of the resolution. Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPROVE THE PURCHASE OF FURNITURE FOR THE REAL TIME CRIME CENTER, FROM RUSS BASSETT CORPORATION OF WHITTIER, CALIFORNIA, UTILIZING THE BUYBOARD CONTRACT IN THE AMOUNT OF $120,871.59. Mayor Pro Tem Turner seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-064 5. Council to consider a resolution to authorize the City Manager or his designee to apply for and receive funding in an amount not to exceed $89,548 through the State and Local Cybersecurity Grant Program. BACKGROUND The State and Local Cybersecurity Grant Program (SLCGP) funds are made available through a Congressional appropriation to the United State Department of Homeland Security (DHS). This SLCGP application requests $74,009 for Privileged Access Management, $6,200 for Falcon Data Protection under the Mitigation objective Minutes – March 5, 2024 and $19,287 for KnowBe4 Security Coach Subscription under the Workforce Development objective. These programs will allow our Technology Services staff to mitigate technology issues, protect data, and assist in developing our Technology Services workforce through Security Coaching. The federal portion will be $89,548. A 10% local match of $9,948 is required. Funds will come from the Capital Reserves. Approval of the resolution. Mayor Pro Tem Turner moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO APPLY FOR AND RECEIVE FUNDING IN AN AMOUNT NOT TO EXCEED $89,548.00, THROUGH THE STATE AND LOCAL CYBERSECURITY GRANT PROGRAM FOR USE BY THE INFORMATION TECHNOLOGY DEPARTMENT. Councilmember Durio seconded the motion. AYES: MAYOR WEST, MAYOR PRO TEM TURNER, COUNCILMEMBERS DURIO, GETZ, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED RESOLUTION 24-065 WORK SESSION To Discuss and Review Amendments and Changes to Chapter 24 of the City Code of Ordinances. COUNCILMEMBER COMMENTS (Councilmember comments can be heard or seen at the City of Beaumont website at beaumonttexas.gov) COUNCILMEMBER TEM DURIO - COUNCILMEMBER GETZ - MAYOR PRO TEM TURNER - COUNCILMEMBER FELDSCHAU - COUNCILMEMBER SAMUEL - COUNCILMEMBER NEILD - CITY ATTORNEY REED – PW DIRECTOR BARTKOWIAK – ACM BOONE – ACM ELLIS - Minutes – March 5, 2024 CITY CLERK BROUSSARD - CITY MANAGER WILLIAMS - ABSENT MAYOR WEST – With there being no Executive Session, the meeting adjourned at 2:56 p.m. Roy West, Mayor Tina Broussard, City Clerk B TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute Change Order No. 6 to the contract with ALLCO LLC, of Beaumont, for the Pine Street SWTP Polymer System and Chemical Storage Tank Improvements (REBID) Project. BACKGROUND On June 14, 2022, by Resolution No. 22-152, City Council awarded a contract to ALLCO, LLC, of Beaumont, for the Pine Street SWTP Polymer System and Chemical Storage Tank Improvements (REBID) Project in the amount of $1,664,700.00. Previous Change Order Nos. 1 - 5 in the amount of $39,514.00 are attached for your review. Proposed Change Order No. 6, in the amount of $14,532.00, is needed to add a containment area around the new polymer tank system installed for the project. The tank was unable to be built as a double walled tank with the valve location. For safety and to meet regulations, a secondary containment area is the proposed solution. If approved, Change Order No. 6 would result in a new contract amount of $1,718,746.00 with an additional 21 calendar days. FUNDING SOURCE American Rescue Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Proposed Change Order No. 6 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on June 14, 2022, the City Council of the City of Beaumont, Texas passed Resolution No. 22-152 awarding a contract in the amount of $1,664,700.00 to ALLCO LLC, of Beaumont, Texas, for the Pine Street SWTP Polymer System and Chemical Storage Tank Improvements (REBID) Project; and, WHEREAS, previous Change Order Nos. 1-5, in the amount of $39,514.00, increased the contract amount to $1,704,214.00; and, WHEREAS, proposed Change Order No. 6, in the amount of $14,532.00, is required to add a containment area around the new polymer tank system installed for the project; and, WHEREAS, adding an additional twenty-one (21) calendar days to the contract is necessary for the competition of the work. 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 Manager be and he is hereby authorized to execute Change Order No. 6, in the amount of $14,532.00 for additional work described above, thereby increasing the total contract amount to $1,718,746.00 for the Pine Street SWTP Polymer System and Chemical Storage Tank Improvements (REBID) Project; and, THAT adding an additional twenty-one (21) calendar days to the contract is necessary to accommodate for the competition of the work. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19 th day of March, 2024. - Mayor Roy West - Contract - 002.006 29-Feb-2024 08:40 AM CST PINE STREET SWTP POLYMER SYSTEM AND CHEMICAL STORAGE TANK IMPROVEMENTS (REBID) 1350 Langham Rd Beaumont, TX 77707 Project Number: WU0422-19 002.006: CO#002.006: Polymer Area Changes Grand Total: $14,532.00 For 002 PINE STREET SWTP POLYMER SYSTEM AND CHEMICAL STORAGE TANK IMPROVEMENTS (REBID) Division 99 Line Item Type Unit price Group 3.0 Construction Scope of Work Change Order No. 6 will add a containment area around the new polymer tank system installed for this project. There was a conflict between the contract and the drawings for the polymer tank. One called for a double walled tank, and the other called for a specific type of valve on the tank, which cannot be double walled. The bought tank was the tank without a double wall, and to prevent possible spills, a concrete containment area was proposed. Notes Awarded To Allco, LLC Brandon Harrison 6854 Reason Code Owner Requested Days 21 Changed Attachments 20240216144232963.pdf Change Order Summary Original Contract Sum 1,664,700.00 Substantial Completion Date 39,514.00 Net Time Change By Previous COs 1,704,214.00 Substantial Completion before This CO 14,532.00 Time Changed By This CO Net Cost by Previous Approved COs Contract Sum Before This CO 52 days Contract Sum Changed By This CO 21 days New Contract Sum 1,718,746.00 New Substantial Completion Date All Change Orders make up 3.25% of the Original Contract Accounting and Status Accounting Status Item Id 508 PO Number 441208 WUP004 FEMA Number Accounting Project Code Custom Accounting Field 05 Custom Accounting Field 07 Custom Accounting Field 04 Custom Accounting Field 06 Custom Accounting Field 08 Line Items Item # Account Code WBS/ Section Description Quantity UoM Unit Price Total Amount Change Order Items 002 000000 Polymer Area Changes 1.00 LS 14,532.00 14,532.00 Total 14,532.00 Grand Total: 14,532.00 Approval Pending Due: 6-Mar-2024 Name or Role Status Actions 1 2 3 4 External-GC Project Manager City Engineer Director Approved Brandon Harrison 21-Feb-2024 02:54 PM CST Approved Makenzie Watts 22-Feb-2024 12:54 PM CST Approved Amalia "Molly" Villarreal 27-Feb-2024 05:55 PM CST Approved Bart Bartkowiak 28-Feb-2024 09:22 AM CST 5 6 7 Admin Pending Assistant City Manager City Clerk Waiting for previous approvals. Waiting for previous approvals. Created by: Brandon Harrison on 16-Feb-2024 Last Modified by: Bart Bartkowiak on 28-Feb-2024 C TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Emily Wheeler, Director of Event Services MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider a resolution rejecting all proposals for Rigging Maintenance and Upgrade at the Julie Rogers Theatre. BACKGROUND Forty-two (42) vendors were notified as well as advertising on the City web page and in local newspapers to solicit Proposals from qualified contractors to inspect, adjust, repair and/or replace an existing rigging system, install a motorized fire curtain system, and install new stage drapes and related materials. Two (2) proposals were submitted. Both proposals were significantly more than the amount budgeted for the project. Staff recommends Council reject all submitted proposals with the intention of requesting new proposals at a later date. FUNDING SOURCE Capital Reserve Fund RECOMMENDATION Approval of the resolution ATTACHMENTS N/A RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City requested proposals for the rigging maintenance and upgrade on the existing system at the Julie Rogers Theatre; and, WHEREAS, due to budgetary constraints, staff is requesting rejection of all bids; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and is hereby authorized to reject all bids submitted for the rigging maintenance and upgrade at the Julie Rogers Theatre. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19 th day of March, 2024. - Mayor Roy West - D TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider authorizing the City Manager to amend an agreement with GP Realty and Management, Inc. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of a mixed-use building including retail and apartments at 670-72 and 690 Orleans Street. BACKGROUND On January 23, 2024, the City Council authorized the City Manager to enter into an agreement with GP Realty Management, Inc to allow a three-year 100% municipal tax abatement, building fee waivers and expedited permit reviews of a mixed-used development at 670-690 Orleans Street. The approved abatement period begins June 1, 2024, and terminates May 31, 2027. For GP Realty and Management, Inc. to receive the full incentives for their qualified project through the Neighborhood Empowerment Zone program, administration requests authorization to amend the municipal tax abatement period to begin January 1, 2025, and terminate December 31, 2028. FUNDING SOURCE Not applicable. RECOMMENDATION Approve the resolution amending the municipal tax abatement period. ATTACHMENTS Revised Agreement Application RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 23, 2024, the City Council authorized the City Manager to enter into an agreement with GP Realty and Management, Inc., to allow a three (3) year 100% municipal tax abatement, building fee waivers and expedited permit reviews of a mixed-use building including retail and apartments at 670-72 and 690 Orleans Street. The approved abatement period begins June 1, 2024, and terminates May 31, 2027; and, WHEREAS, for GP Realty and Management, Inc., to receive the full incentives for their qualified project through the Neighborhood Empowerment Zone Program, Administration requests authorization to amend the municipal tax abatement period to begin January 1, 2025, and terminate December 31, 2028; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to amend an agreement with GP Realty and Management, Inc., for economic development incentives to include: a possible three (3) year 100% municipal tax abatement for all added value for investments greater than $50,000.00 for residential uses and $75,000.00 for all other uses, building fee waivers (not including tap and meter fees), and expedited permit review; under the Neighborhood Empowerment Zone Program for the development of a mixed-use building including retail and apartments at 670-72 and 690 Orleans Street to begin January 1, 2025, and terminate December 31, 2028. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19 th day of March, 2024. - Mayor Roy West - E TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider authorizing the City Manager to amend an agreement with GP Realty and Management, Inc. for economic development incentives under the Neighborhood Empowerment Zone Program for the development of an apartment complex at 704 Neches Street. BACKGROUND On January 23, 2024, the City Council authorized the City Manager to enter into an agreement with GP Realty Management, Inc to allow a three-year 100% municipal tax abatement, building fee waivers and expedited permit reviews of an apartment complex at 704 Neches Street. The approved abatement period begins March 1, 2024, and terminates February 28, 2027. For GP Realty and Management, Inc. to receive the full incentives for their qualified project through the Neighborhood Empowerment Zone program, administration requests authorization to amend the municipal tax abatement period to begin January 1, 2025, and terminate December 31, 2028. FUNDING SOURCE Not applicable. RECOMMENDATION Approve of the resolution. ATTACHMENTS Revised Agreement Application RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 23, 2024, the City Council authorized the City Manager to enter into an agreement with GP Realty and Management, Inc., to allow a three (3) year 100% municipal tax abatement, building fee waivers and expedited permit reviews of an apartment complex at 704 Neches Street. The approved abatement period began March 1, 2024, and terminates February 28, 2027; and, WHEREAS, for GP Realty and Management, Inc., to receive the full incentives for their qualified project through the Neighborhood Empowerment Zone Program, Administration requests authorization to amend the municipal tax abatement period to begin January 1, 2025, and terminate December 31, 2028; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to amend an agreement with GP Realty and Management, Inc., for economic development incentives to include: a possible three (3) year 100% municipal tax abatement for all added value for investments greater than $50,000.00 for residential uses and $75,000.00 for all other uses, building fee waivers (not including tap and meter fees), and expedited permit review; under the Neighborhood Empowerment Zone Program for the development of an apartment complex at 704 Neches Street to begin January 1, 2025, and terminate December 31, 2028. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19 th day of March, 2024. - Mayor Roy West - F TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Cheryl Ray, Chief Financial Officer MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider a resolution approving the purchase of two (2) Pro Series Ambulance Stretchers BACKGROUND Beaumont Emergency Medical Services (EMS) currently uses Stryker Power-Pro Stretchers in all front-line ambulances. The Stryker Power-Load system is designed to automatically load the Stryker stretcher into the ambulance. The systems will replace the oldest two (2) stretchers in our ambulances. These stretchers help minimize and/or eliminate the amount of physical strain put on the employees resulting in fewer injuries. Pricing for these stretchers, which includes a $1,750 credit for the trade-in of the two (2) older stretchers, is a total of $67,233.15 and was obtained from Stryker EMS Equipment as a sole source provider. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the Resolution. ATTACHMENTS Quote RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council is hereby authorized to approve the purchase of two (2) Pro Series Ambulance Stretchers in the amount of $67,233.15, which includes a credit of $1,750.00 for the trade-ins of the two (2) older stretchers from Stryker EMS Equipment of Chicago, Illinois. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19 th day of March, 2024. - Mayor Roy West - Quote Summary Delivery Address Sold To - Shipping Bill To Account Name: BEAUMONT EMER MED SVCS Name: BEAUMONT EMER MED SVCS Name: CITY OF BEAUMONT Account #: 20189668 Account #: 20189668 Account #: 20126488 Address: 3040 COLLEGE ST Address: 3040 COLLEGE ST Address: POBox 3827 BEAUMONT BEAUMONT Texas 77701-4606 Texas 77701-4606 77704-3827 Attn: Jennifer Peddy Equipment Products: # Product Description U/M Qty Sell Price Total 1.0 650605550003 Power-PRO XT MTS High: Dual wheel lock, x-restraint package, retractable head section 02 bottle holder, 3-stage IV pole PR, equipment hook, H/E storage flat, XPS side rail, XPS mattress, Knee-Gatch, Dual compatibility, backrest storage pouch, steer-lock PCE 1 $29,863.25 $29,863.25 2.0 6500160000 Base Storage Net PCE 1 $247.08 $247.08 4.0 650705550001 6507 POWER PRO 2, HIGH CONFIG PCE 1 $35,414.00 $35,414.00 5.0 650700450102 ASSEMBLY, POWER CORD, NORTH AM PCE 1 $33.95 $33.95 6.0 650700450301 ASSEMBLY, BATTERY CHARGER PCE 1 $1,470.52 $1,470.52 7.0 650707000002 Lithium-Ion Battery PCE 1 $1,027.23 $1,027.23 Equipment Total: $68,056.03 Trade In Credit: Product Description Qty Credit Ea. Total Credit TR-SPCOT-PPXT TRADE-IN-STRYKER POWER COT TOWARDS PURCHASE OF POWERPRO XT 1 -$875.00 -$875.00 TR-SPCOT-PP2 TR-SYK PCOT TO PP2 1 -$875.00 -$875.00 Beaumont Emerg Svc PP2 9.27.23 Quote Number: 10789913 Remit to: Stryker Medical P.O. Box 93308 Version: 1 Chicago, IL 60673-3308 Prepared For: BEAUMONT EMER MED SVCS Rep: Christopher Shannon Attn: Jennifer Peddy Email: chris.shannon@stryker.com jennifer.peddy@beaumonttexas.gov Phone Number: (337) 380-4850 (409) 880-3964 Mobile: (337) 380-4850 Quote Date: 02/28/2024 Expiration Date: 03/29/2024 Contract Start: Contract End: 09/27/2023 09/27/2023 1 Stryker Medical - Accounts Receivable - accountsreceivable@stryker.com - PO BOX 93308 - Chicago, IL 60673-3308 Price Totals: Estimated Sales Tax (0.000%): $0.00 Freight/Shipping: $927.12 Grand Total: $67,233.15 Comments/Terms/Signatures Prices: In effect for 30 days Terms: Net 30 Days Terms and Conditions: Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. Confidentiality Notice: Recipient will not disclose to any third party the terms of this quote or any other information, including any pricing or discounts, offered to be provided by Stryker to Recipient in connection with this quote, without Stryker’s prior written approval, except as may be requested by law or by lawful order of any applicable government agency. A copy of Stryker Medical's terms and conditions can be found at https:// techweb.stryker.com/Terms_Conditions/index.html. Beaumont Emerg Svc PP2 9.27.23 Quote Number: 10789913 Remit to: Stryker Medical P.O. Box 93308 Version: 1 Chicago, IL 60673-3308 Prepared For: BEAUMONT EMER MED SVCS Rep: Christopher Shannon Attn: Jennifer Peddy Email: chris.shannon@stryker.com jennifer.peddy@beaumonttexas.gov Phone Number: (337) 380-4850 (409) 880-3964 Mobile: (337) 380-4850 Quote Date: 02/28/2024 Expiration Date: 03/29/2024 Contract Start: Contract End: 09/27/2023 09/27/2023 2 Stryker Medical - Accounts Receivable - accountsreceivable@stryker.com - PO BOX 93308 - Chicago, IL 60673-3308 G TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water, and sanitary sewer improvements in Seven Stars Subdivision, Phase One. BACKGROUND On November 21, 2023, a final inspection from all entities was completed for the following: • Kareem Drive approximately 371 feet heading north from State Highway 105 to (3) OM4-3 end of pavement markers. • Sana Drive approximately 209 feet heading west from Kareem Drive to include Cul-de-sac. • Sana Drive approximately 378 feet heading east from Kareem Drive to include Cul-de-sac. Recommended for approval are the street, storm sewer, water, and sanitary sewer improvements for Seven Stars Subdivision, Phase One right-of-way only. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. ATTACHMENTS Seven Stars Phase One RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Seven Stars Subdivision, Phase One, have been completed as follows: Streets • Kareem Drive approximately 371 feet heading north from State Highway 105 to (3) OM4-3 end of pavement markers. • Sana Drive approximately 209 feet heading west from Kareem Drive to include cul- de-sac. • Sana Drive approximately 378 feet heading east from Kareem Drive to include cul-de- sac. WHEREAS, the developers of said improvements desire to have these improvements accepted and maintained by the City; and, WHEREAS, the Director of the Public Works Department has determined that said improvements meet the City’s standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont. 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 above-referenced water and sanitary sewer improvements in Seven Stars Subdivision, Phase One right-of-way only with the exception of street, storm sewer, and streetlights, are hereby accepted by City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of- way and easements required on the preliminary and final plats and installation of the streetlights. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2024. _______________________________ - Mayor Roy West - H TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Angela Wright, Chief Technology Officer MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider a resolution approving the replacement of the public safety server cluster from CDW-G of Vernon Hills, IL. BACKGROUND The existing server cluster managing public safety dispatching, records management, and other software applications has reached its maximum capacity and requires an upgrade. The total cost of the new system amounts to $155,901.91. This initiative will supersede the planned City Hall virtual server memory upgrade budgeted for fiscal year 2024, as the public safety servers hold a higher priority. The project encompasses the replacement of all current server hardware, including services for configuring the new equipment and migrating data. The existing server hardware, still under warranty, will be repurposed for new servers required for the phone system upgrade this fiscal year, among other server needs. Pricing for the project was acquired through the State of Texas Department of Information Resources (DIR). The DIR facilitates the procurement of information technology for cities and political subdivisions at volume prices negotiated under the statutes of the State of Texas. FUNDING SOURCE Capital Reserve. RECOMMENDATION Approval of resolution. ATTACHMENTS Beaumont TX 240223A City of Beaumont - PowerFlex Technical Solution Deck.pdf 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 approve the replacement of the public safety server cluster from CDW-G of Vernon Hills, Illinois, in the amount of $155,901.91 through the State of Texas Department of Information Resources. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2024. _______________________________ - Mayor Roy West - $ 155,901.91 Customer: City of Beaumont Quote Number: 240223A Contact: Angela Wright Quote Date: February 23, 2024 Address: 801 Main St Contract: DIR-TSO-3763 Prepared By: Alyssa McArthur-Guzman Beaumont TX Phone: (312)547-2602 Phone: Email: alysmca@cdwg.com QTY PART NUMBER DESCRIPTION UNIT COST EXT. COST 4 210-BCFC PowerFlex appliance R650 $ 1,455.84 $ 5,823.38 4 329-BDWH PSNT Info $ - $ - 4 350-BCHV Luggage Tag PowerFlex appliance R650 $ - $ - 4 350-BCHY HyperConverged (HC) node, PF appl R650 $ - $ - 4 461-AAIG Trusted Platform Module 2.0 V3 $ 24.10 $ 96.41 4 338-CBXJ Intel Xeon Gold 6326 2.9G, 16C/32T, 11.2GT/s, 24M Cache, Turbo, HT (185W) DDR4-3200 $ 912.70 $ 3,650.80 4 338-CBXJ Intel Xeon Gold 6326 2.9G, 16C/32T, 11.2GT/s, 24M Cache, Turbo, HT (185W) DDR4-3200 $ 912.70 $ 3,650.80 4 379-BDCO Additional Processor Selected $ - $ - 4 412-AAVM Heatsink for 2 CPU configuration (CPU more than 165W) $ 48.44 $ 193.78 4 370-AAIP Performance Optimized $ - $ - 4 370-ADOJ RDIMMs + NVDIMM $ - $ - 4 379-BFDV NVDIMM battery check test $ - $ - 4 379-BEXN NVDIMM Placement Info $ - $ - 4 470-AERV NV DIMM Battery Back-up with Power and Signal Cables For R650 $ 60.86 $ 243.45 4 321-BGHJ 2.5" Chassis with up to 10 NVMe Drives, 3 PCIe Slots, 2 CPU $ 141.20 $ 564.81 4 780-BCDO C30, No RAID for NVME chassis $ - $ - 4 405-AACD No Controller $ - $ - 4 400-ABHL No Hard Drive $ - $ - 4 379-BEID 10x2.5 Front Storage $ - $ - 4 379-BDSX NVMe Backplane $ - $ - 4 379-BDTE No Rear Storage $ - $ - 4 379-BDSR No GPU Enablement $ - $ - 4 384-BBBL Performance BIOS Settings $ - $ - 4 800-BBDM UEFI BIOS Boot Mode with GPT Partition $ - $ - 4 384-BCUJ 4 Very High Performance Fans for 2 CPU $ 72.79 $ 291.15 4 450-AIQZ Dual, Hot-plug, Power Supply Redundant (1+1), 1400W, Mixed Mode, NAF $ 340.59 $ 1,362.34 4 330-BBSQ Riser Config 4, Half Length, Low Profile, 3 x16 Slots With R1 Paddle, SW GPU Capable $ 70.36 $ 281.44 4 540-BCOC Broadcom 57414 Dual Port 10/25GbE SFP28, OCP NIC 3.0 $ 172.61 $ 690.45 4 385-BBQV iDRAC9, Enterprise 15G $ 119.05 $ 476.18 4 379-BEZI SCV Disable $ - $ - 4 329-BGKP PowerEdge R650 Motherboard, BP, with Broadcom 5720 Dual Port 1Gb On-Board LOM $ - $ - 4 325-BFJF Bezel - PowerFlex 1U $ - $ - 4 403-BCMB BOSS-S2 controller card + with 2 M.2 480GB (RAID 1) $ 443.82 $ 1,775.26 4 403-BCNP BOSS Cables and Bracket for R650 $ 12.18 $ 48.71 4 350-BBXM No Quick Sync $ - $ - 4 379-BCSG iDRAC,Legacy Password $ - $ - 4 379-BCQY iDRAC Group Manager, Disabled $ - $ - 4 611-BBBF No Operating System $ - $ - 4 605-BBFN No Media Required $ - $ - 4 631-AACK No Systems Documentation, No OpenManage DVD Kit $ - $ - 4 770-BECD ReadyRails Sliding Rails Without Cable Management Arm or Strain Relief Bar $ 36.28 $ 145.11 4 340-CUQR PowerEdge R650 Shipping $ - $ - 4 340-CUQN R650 Ship 4x3.5, 10x2.5, 8x2.5 NVMe $ 24.10 $ 96.41 4 343-BBQY R650 Dell/EMC label (BIS) for 2.5" Chassis $ - $ - 4 389-DYHY PowerEdge R650 CE Marking, No CCC Marking $ - $ - 4 868-2983 Dell Hardware Limited Warranty Plus Onsite Service $ 46.43 $ 185.70 4 886-9032 ProSupport 4-Hour 7x24 Onsite Service 3 Years $ 2,154.01 $ 8,616.03 4 886-9100 ProSupport 4-Hour 7x24 Technical Support and Assistance 3 Years $ 1,652.43 $ 6,609.73 4 989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1- 800- 945-3355 $ - $ - 4 892-4632 ProDeploy Plus for PowerFlex Appliance $ 991.57 $ 3,966.26 8 370-AFDE 16GB NVDIMM, 2933MT/s, Single Rank $ 243.45 $ 1,947.63 64 370-BBQN 32GB RDIMM, 3200MT/s, Dual Rank 16Gb BASE x8 - HCI $ 377.14 $ 24,136.78 20 400-BKGW 1.92TB Enterprise NVMe Read Intensive AG Drive U.2 Gen4 with carrier $ 925.36 $ 18,507.22 8 492-BBDI C13 to C14, PDU Style, 12 AMP, 6.5 Feet (2m) Power Cord, North America $ 5.35 $ 42.82 4 540-BDGV Broadcom 57414 Dual Port 10/25GbE SFP28 Adapter, PCIe Low Profile, V2 $ 103.47 $ 413.89 16 470-ACEV Dell Networking, Cable, SFP28 to SFP28, 25GbE, Passive Copper Twinax Direct Attach Cable, 3 Meter $ 30.43 $ 486.91 1 210-BDWU PowerFlex - Solution Type $ - $ - 1 872-2387 3 Years ProSupport PowerFlex Solution ID Appliance Sftwr Spt-Maint $ - $ - 1 875-7930 3 Years ProSupport PowerFlex Solution ID Appliance Sftwr Spt-Contract $ - $ - 1 142-BBOC PowerFlex Solution ID - appliance $ - $ - 1 210-BDWV PowerFlex - Capacity License $ - $ - 1 872-2366 3 Years ProSupport PowerFlex Sftwr Spt-Contract $ - $ - 1 626-BBBG Storage Software Info $ - $ - 39 142-BBOH PowerFlex Tier 1 [12TB-100 TB] $ 338.01 $ 13,182.35 1 872-2382 3 Years ProSupport PowerFlex Tier 1 Sftwr Spt-Maint $ 206.04 $ 206.04 1 210-BCFC PowerFlex appliance R650 $ 765.52 $ 765.52 1 329-BDWH PSNT Info $ - $ - 1 350-BCHV Luggage Tag PowerFlex appliance R650 $ - $ - 1 350-BCIB Management (MGMT) node, PF appl R650 $ - $ - 1 461-AAIG Trusted Platform Module 2.0 V3 $ 12.67 $ 12.67 1 338-CBXJ Intel Xeon Gold 6326 2.9G, 16C/32T, 11.2GT/s, 24M Cache, Turbo, HT (185W) DDR4-3200 $ 479.92 $ 479.92 1 338-CBXJ Intel Xeon Gold 6326 2.9G, 16C/32T, 11.2GT/s, 24M Cache, Turbo, HT (185W) DDR4-3200 $ 479.92 $ 479.92 1 379-BDCO Additional Processor Selected $ - $ - 1 412-AAVM Heatsink for 2 CPU configuration (CPU more than 165W) $ 25.48 $ 25.48 1 370-AAIP Performance Optimized $ - $ - 1 370-AEVR 3200MT/s RDIMMs $ - $ - 1 321-BGHN 2.5" Chassis with up to 10 Hard Drives (SAS/SATA), 3 PCIe Slots, 2 CPU $ 51.21 $ 51.21 1 780-BCDP RAID 5 $ - $ - 1 405-AAZB PERC H755 SAS Front $ 422.31 $ 422.31 1 750-ACFQ Front PERC Mechanical Parts, rear load $ 6.40 $ 6.40 1 379-BEID 10x2.5 Front Storage $ - $ - 1 379-BDSS SAS/SATA Backplane $ - $ - 1 379-BDTE No Rear Storage $ - $ - 1 379-BDSR No GPU Enablement $ - $ - 1 384-BBBL Performance BIOS Settings $ - $ - 1 800-BBDM UEFI BIOS Boot Mode with GPT Partition $ - $ - 1 750-ADIH 4 High Performance Fans for 2 CPU $ 25.48 $ 25.48 1 450-AIQZ Dual, Hot-plug, Power Supply Redundant (1+1), 1400W, Mixed Mode, NAF $ 179.09 $ 179.09 1 330-BBRP Riser Config 0, 2CPU, Half Length, Low Profile, 3 x16 Slots, SW GPU Capable $ 28.16 $ 28.16 1 540-BCOC Broadcom 57414 Dual Port 10/25GbE SFP28, OCP NIC 3.0 $ 90.76 $ 90.76 1 385-BBQV iDRAC9, Enterprise 15G $ 62.60 $ 62.60 1 379-BEZI SCV Disable $ - $ - 1 329-BGKP PowerEdge R650 Motherboard, BP, with Broadcom 5720 Dual Port 1Gb On-Board LOM $ - $ - 1 325-BFJF Bezel - PowerFlex 1U $ - $ - 1 403-BCMB BOSS-S2 controller card + with 2 M.2 480GB (RAID 1) $ 233.37 $ 233.37 1 403-BCNP BOSS Cables and Bracket for R650 $ 6.40 $ 6.40 1 350-BBXM No Quick Sync $ - $ - 1 379-BCSG iDRAC,Legacy Password $ - $ - 1 379-BCQY iDRAC Group Manager, Disabled $ - $ - 1 611-BBBF No Operating System $ - $ - 1 605-BBFN No Media Required $ - $ - 1 631-AACK No Systems Documentation, No OpenManage DVD Kit $ - $ - 1 770-BECD ReadyRails Sliding Rails Without Cable Management Arm or Strain Relief Bar $ 19.08 $ 19.08 1 340-CUQR PowerEdge R650 Shipping $ - $ - 1 340-CUQN R650 Ship 4x3.5, 10x2.5, 8x2.5 NVMe $ 12.67 $ 12.67 1 343-BBQY R650 Dell/EMC label (BIS) for 2.5" Chassis $ - $ - 1 389-DYHY PowerEdge R650 CE Marking, No CCC Marking $ - $ - 1 868-2983 Dell Hardware Limited Warranty Plus Onsite Service $ 24.42 $ 24.42 1 886-9032 ProSupport 4-Hour 7x24 Onsite Service 3 Years $ 1,132.52 $ 1,132.52 1 989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1- 800- 945-3355 $ - $ - 1 892-4632 ProDeploy Plus for PowerFlex Appliance $ 521.39 $ 521.39 16 370-BBQN 32GB RDIMM, 3200MT/s, Dual Rank 16Gb BASE x8 - HCI $ 198.31 $ 3,172.98 5 400-BQTG 3.84TB SSD SATA Read Intensive 6Gbps 512 2.5in Hot-plug AG Drive, 1 DWPD - HCI $ 464.52 $ 2,322.60 2 492-BBDI C13 to C14, PDU Style, 12 AMP, 6.5 Feet (2m) Power Cord, North America $ 2.82 $ 5.64 2 540-BDGV Broadcom 57414 Dual Port 10/25GbE SFP28 Adapter, PCIe Low Profile, V2 $ 54.41 $ 108.81 4 470-ACEV Dell Networking, Cable, SFP28 to SFP28, 25GbE, Passive Copper Twinax Direct Attach Cable, 3 Meter $ 16.00 $ 64.02 13 848-8781 Data Migration Services: Remote Virtual V2V Migration 10-50 VMs (Per VM) $ 1,011.36 $ 13,147.63 1 AB961800 AddOn - SFP+ transceiver module (equivalent to: Mellanox $ - $ - MFM1T02A-T) - 10 GigE - 1000Base-TX, 100Base-TX, 10GBase-T - $ - RJ 2 210-APHQ Dell EMC S5224F-ON Switch, 24x 25GbE SFP28, 4x 100GbE QSFP28 ports, IO to PSU air, 2x PSU $ 4,185.28 $ 8,370.56 2 343-BBLP Dell EMC S52XX-ON Series User Guide $ 0.79 $ 1.58 2 634-BRWJ OS10 Enterprise, S5224F-ON $ 692.79 $ 1,385.58 2 818-4983 Dell Hardware Limited Warranty 1 Year $ 102.91 $ 205.83 2 892-0646 ProSupport 4-Hour 7x24 Onsite Service 1 Year $ 105.60 $ 211.19 2 892-0647 ProSupport 4-Hour 7x24 Onsite Service 2 Years Extended $ 262.13 $ 524.26 2 892-0860 ProSupport 4-Hour 7x24 Technical Support and Assistance 3 Years $ 1,104.91 $ 2,209.82 2 975-3461 Dell Limited Hardware Warranty Extended Year(s) $ - $ - 2 989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1- 800- 945-3355 $ - $ - 2 997-6306 Info 3rd Party Software Warranty provided by Vendor $ - $ - 2 804-2152 ProDeploy Plus Dell Networking S Series 5XXX Switch - Deployment $ 5,228.24 $ 10,456.47 2 804-2153 ProDeploy Plus Dell Networking S Series 5XXX Switch - Deployment Verification $ 47.62 $ 95.25 2 812-4037 ProDeploy Plus No Charge Training 500 3 Years ProSupport OS10 Enterprise Software Support- Maintenance $ 525.77 $ 1,051.55 2 848-8538 Dell Networking, Transceiver, SFP+, 10GbE, SR, 850nm Wavelength, 300m Reach $ 151.55 $ 303.10 4 407-BCZR Dell Networking Cable, 100GbE QSFP28 to QSFP28, Passive $ 163.35 $ 653.39 2 470-ABOU Copper Direct Attach Cable, 0.5 Meter $ 61.38 $ 122.76 4 470-ACMH Dell Networking Cable, OM4 LC/LC Fiber Cable, (Optics required), 10 Meter $ 65.93 $ 263.73 2 450-AASX Dell Networking, Jumper Cord, 250V, 12A, 2 Meters, C13/C14, US $ 3.96 $ 7.93 2 450-AASX Dell Networking, Jumper Cord, 250V, 12A, 2 Meters, C13/C14, US $ 3.96 $ 7.93 1 210-AEDN S3048-ON, 48x 1GbE, 4x SFP+ 10GbE ports, Stacking, IO to PSU air, 1x AC PSU, NO OS $ 1,309.49 $ 1,309.49 1 634-BIXD OS10 Enterprise, S3048-ON $ 533.04 $ 533.04 1 634-BCXR Dell Networking S3048-ON User Guide $ 2.13 $ 2.13 1 802-7389 Dell Hardware Limited Warranty Initial Year $ 59.77 $ 59.77 1 802-7396 Mission Critical Package: 4-Hour 7X24 On-Site Service with Emergency Dispatch, Initial Year $ 56.52 $ 56.52 1 802-7400 Dell Hardware Limited Warranty Extended Year(s) $ - $ - 1 802-7405 Mission Critical Package: 4-Hour 7X24 On-Site Service with Emergency Dispatch, 2 Year Extended $ 157.80 $ 157.80 1 802-7406 ProSupport: 7x24 HW / SW Tech Support and Assistance, 3 Year $ 665.34 $ 665.34 1 989-3439 Thank you choosing Dell ProSupport. For tech support, visit //www.dell.com/support or call 1- 800- 945-3355 $ - $ - 1 997-6306 Info 3rd Party Software Warranty provided by Vendor $ - $ - 1 805-2397 ProDeploy Plus Dell Networking S Series 3XXX Switch - Deployment $ 4,475.13 $ 4,475.13 1 805-2400 ProDeploy Plus Dell Networking S Series 3XXX Switch - Deployment Verification $ 44.00 $ 44.00 1 812-4037 ProDeploy Plus No Charge Training 500 $ 525.77 $ 525.77 1 407-BCZR Dell Networking, Transceiver, SFP+, 10GbE, SR, 850nm Wavelength, 300m Reach $ 175.98 $ 175.98 1 450-AASX Dell Networking, Jumper Cord, 250V, 12A, 2 Meters, C13/C14, US $ 4.27 $ 4.27 1 A7293807 C2G 8ft Cat6a Snagless Unshielded (UTP) Network Patch Ethernet Cable-Blue - patch cable - 8 ft Will Call & Third Party Pickup CDW Government 200 North Milwaukee Ave. 75 Remittance Drive, Suite 1515 Vernon Hills, IL 60061 Chicago, IL 60675-1515 Technical Solution Deck – PowerFlex Internal Use - Confidential 2 Copyright © Dell Inc. All Rights Reserved. • Sizing: • Initial Considerations for the Cluster: • Cores: 2 x 16 Core per node with 2.9Ghz per processor. • Memory: 512GB memory per node. • Usable Capacity: ~16 TB. • Replication and backup is not in scope. • Networking: • Top of Rack and Management Switches have been included: • 2 x S5224F-ON – ToR • 1 x 3048-ON – MGMT. • PowerFlex->TOR/MGMT Cables have been included, 25G, 3M • Uplink of 5x 15M LC/LC For 10G Dell TOR to Cisco core communication • 4x 10G – TOR • 1x 10G – MGMT • 5x SFP+, 10GbE, SR Transceivers for Dell switches included. • Cisco SFP+ SR Transceivers NOT included • Environmental • No Rack or PDUs included. • PowerFlex: Power Supply: Dual, Hot-plug, Power Supply Fully Redundant (1+1), 1400W, Mixed Mode, NAF. • Power Cords: C13 to C14, PDU Style, 12 AMP, 6.5 Feet (2m) Power Cord, North America • 5 Nodes (2 ea.) – 10 Power Cables • 2 TOR (2 ea.) – 4 Cables • 1 MGMT (1 ea.)– 1 Cable • Services and Support: • 3 Years ProSupport w/ 4Hr MC. • ProDeploy Plus. • Migration services have been included for 13VMs. • VMware Licensing • VMware licensing has not been included. Internal Use - Confidential 3 Copyright © Dell Inc. All Rights Reserved. Used 3.82 TiB Free 38.36 TiB Total 63.49 TiB Capacity 4.06 gigabits/s Peak Aggregate Network Throughput 836.27 GiB Average Daily Write Peak CPU 21.38 GHz Net CPU 132.00 GHz Cores 60 CPU 7,445 IOPS at 95% Peak Memory Usage 455.30 GiB Total Memory 959.35 GiB Memory Internal Use - Confidential 4 Copyright © Dell Inc. All Rights Reserved. Internal Use - Confidential 5 Copyright © Dell Inc. All Rights Reserved. Internal Use - Confidential 6 Copyright © Dell Inc. All Rights Reserved. Internal Use - Confidential 7 Copyright © Dell Inc. All Rights Reserved. Node Type PowerFlex appliance R650 – HCI Nodes Processor 2 x Intel® Xeon® Gold 6326 2.9G, 16C/32T, 11.2GT/s RDIMM 16 x 32GB RDIMM, 3200MT/s, Dual Rank, 16Gb BASE x8 – HCI (512 GiB) NVDIMM 2 x 16GB NVDIMM, 2933MT/s, Single Rank Drives 1.92TB Enterprise NVMe Read Intensive AG Drive U.2 Gen4 with carrier Networking 4 x 25GbE Ports 1 x iDRAC Total Cluster resources 4 128 371.2 2048 16.9 PowerFlex Appliance R650 - 4 Nodes Internal Use - Confidential 8 Copyright © Dell Inc. All Rights Reserved. Internal Use - Confidential 9 Copyright © Dell Inc. All Rights Reserved. Node Type 1 x PowerFlex appliance R650 – Management Single Node Processor 2 x Intel® Xeon® Gold 6326 2.9G, 16C/32T, 11.2GT/s RDIMM 16 x 32GB RDIMM, 3200MT/s, Dual Rank, 16Gb BASE x8 – HCI (512 GiB) Drives 3.84TB SSD SATA Read Intensive 6Gbps 512 2.5in Hot-plug AG Drive, 1 DWPD - HCI Networking 4 x 25GbE Ports 1 x iDRAC PowerFlex Appliance R650 – Management Node Internal Use - Confidential 10 Copyright © Dell Inc. All Rights Reserved. Internal Use - Confidential 11 Copyright © Dell Inc. All Rights Reserved. Environmentals Input power 3649.6 watts 12453.0 btu/h Airflow rate 88.1 l/s 186.6 CFM Input current 16.7 amps Sound power level 7.3 bels Weight 125.4 kg 276.5 lbs Energy cost $4,795.57 GHG emissions 12.8 tonnes Internal Use - Confidential 12 Copyright © Dell Inc. All Rights Reserved. Internal Use - Confidential 13 Copyright © Dell Inc. All Rights Reserved. Support ProSupport and ProSupport Plus Features Technical support availability and response objective 24/7, immediate 24/7, immediate 24/7, immediate Covered products Hardware Hardware & Software Hardware & Software Onsite response NBD NBD or 4hr 4hr ProSupport AIOps Platforms Proactive issue detection and case creation Dell Security Advisories Access to software updates CloudIQ Cybersecurity Assessment Priority access to specialized support experts Mission Critical Support Service Account Manager Proactive systems maintenance 3rd party software support ProSupport Add-On Services Optimize for Infrastructure Optional Optional Keep Your Hard Drive / Keep Your Component for Infrastructure Optional Optional Onsite Diagnosis Service Optional Optional Internal Use - Confidential 14 Copyright © Dell Inc. All Rights Reserved. ProDeploy and ProDeploy Plus Features Basic Deployment ProDeploy ProDeploy Plus Pre-deployment Single point of contact for project management In-region Site readiness review - Implementation planning1 - SAM engagement for ProSupport Plus entitled devices - - Deployment Deployment service hours Business hours 24 x 7 24 x 7 Onsite hardware installation and packaging material removal2 or remote guidance for hardware installation1 Remote guidance or onsite Onsite Install and configure system software - Remote Onsite Install support software and connect with Dell Technologies - Project documentation with knowledge transfer - Post- deployment Deployment verification - Configuration data transfer to Dell Technologies technical support - 30-days of post-deployment configuration assistance - - Online oversight Online collaborative environment in TechDirect for planning, managing and tracking delivery 3 - - blue $ 10.03 $ 10.03 5 A7776153 C2G 15m LC-LC 50/125 OM4 Duplex Multimode Fiber Cable - Aqua - network cable - 15 m - aqua $ 49.97 $ 49.97 FREIGHT: $ - GRAND TOTAL: $ 155,901.91 Corporate Headquarters: Please remit payment to: I TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Jesse and Stella Flores. BACKGROUND A garage structure located at 2398 Avenue E (known legally as Lot 28, Block A of the Wilcox Addition), built many years ago, encroaches into a sixteen-foot-wide (16') rear alley. The encroachment ranges from 2.89' to 2.93' into the alley. The City of Beaumont received a request for a License to Encroach Agreement by the property owners, Jesse and Stella Flores. The request was distributed to and reviewed by all city departments and utility companies and received no objections. The City Utility Administration approved the request and indicated that there are no city improvements within the alley. A License to Encroach Agreement protects the City from liability and provides a thirty (30) day cancellation clause. Upon approval, the Agreement will be filed with the County Clerk's Office for permanent record. There is a one-time non-refundable fee of $500 to be paid by the Licensee. FUNDING SOURCE N/A RECOMMENDATION Approval of the resolution. ATTACHMENTS License to Encroach - 2398 Avenue E RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, Jesse and Stella Flores have requested that the City of Beaumont grant a License to Encroach into a City right of right-of-way, which is described as being a garage structure located at 2398 Avenue E encroaching into a sixteen-foot wide (16’) rear alley Lot 28, Block A of the Wilcox Addition to the City of Beaumont. The structure encroaches 2.89’ to 2.93’into the 16’ alley, as described in Exhibit “A,” attached hereto and made apart hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City’s easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; 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 Manager be and he is hereby authorized to execute a License to Encroach with Jesse and Stella Flores to encroach into the City right-of-way which is described as being a garage structure located at 2398 Avenue E encroaching into a sixteen-foot wide (16’) rear alley Lot 28, Block A of the Wilcox Addition to the City of Beaumont. The structure encroaches 2.89’ to 2.93’into the 16’ alley as described in Exhibit “A,” attached hereto and made apart hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2024. _______________________________ - Mayor Roy West - 1 886-9100 ProSupport 4-Hour 7x24 Technical Support and Assistance 3 Years $ 868.88 $ 868.88 J TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Catalina, Director of Human Resources MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider a resolution approving a contract with Abercrombie, Simmons and Gillette (AS&G) of Houston for Workers Compensation Claims Administration. BACKGROUND A Request for Proposal (RFP) for the self-insured workers’ compensation program’s third-party administrator (TPA) was sent to two hundred thirty-six potential responders. Five responses were received. A panel of City staff met and evaluated the respondents using the criteria provided in the RFP. Abercrombie, Simmons and Gillette (AS&G) received the highest criteria evaluation score. A copy of the criteria evaluation is attached. The RFP was solicited for a one-year contract. There is an option to renew this contract annually for a maximum of four renewals. AS&G is the current provider for the City’s Workers’ Compensation Claims Administrator and the previous initial annual cost was $76,896. The pricing requested in the current response is as follows: Contract Year 1 Contract Year 2 Contract Year 3 Contract Year 4 Contract Year 5 Total Cost $95,000 $98,800 $102,752 $106,862 $111,137 FUNDING SOURCE Employee Benefit Fund RECOMMENDATION Approval of the Resolution ATTACHMENTS Criteria Score Sheet RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, request for proposals were received for a one (1) year contract, with an option to renew for four (4) additional one (1) year contracts, to administer the City’s self-insured workers’ compensation program; and, WHEREAS, Abercrombie, Simmons & Gillette (AS&G), Inc., of Houston, Texas, submitted a response to administer the City’s self-insured workers’ compensation program for a one (1) year contract, in the amount of $95,000.00, with the option to renew for four (4) additional years at the rates of $98,800.00 for year two, $102,752.00 for year three, $106,862.00 for year four, and $111,137.00 for year five; and, WHEREAS, Abercrombie, Simmons & Gillette (AS&G), Inc., of Houston, Texas, received the highest proposal score by a panel of City staff based on the ability to provide all services detailed in the proposal; experience providing all services detailed in the proposal; experience/qualifications of management and claims personnel, company history and financial stability; office location; and, cost of services, as shown on Exhibit "A," attached hereto; and, WHEREAS, City Council is of the opinion that the proposal submitted by Abercrombie, Simmons & Gillette (AS&G), Inc., of Houston, Texas, 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 the proposal submitted by Abercrombie, Simmons & Gillette (AS&G), Inc., of Houston, Texas, for a one (1) year contract, in the amount of $95,000.00, with the option to renew for four (4) additional years at the rates of $98,800.00 for year two, $102,752.00 for year three, $106,862.00 for year four, and $111,137.00 for year five to administer the City’s self-insured workers’ compensation program be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Abercrombie, Simmons & Gillette (AS&G), Inc., of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2024. _______________________________ - Mayor Roy West - CITY OF BEAUMONT, BEAUMONT, TEXAS PURCHASING DIVISION CRITERIA EVALUATION SHEET RFP Name: Workers' Compensation - Third Party Administrator RFP Number: TF0324-02 RFP Opening Date: March 7, 2024 Contact Person: Terry Welch, Purchasing Manager terry.welch@beaumonttexas.gov Phone: 409-880-3107 AS&G Claims Claims Administration Davies US, LLC. Athens Administrators PMA Management Administration, Inc. Services, Inc. Corp. Houston, TX Tyler, TX Austin, Tx San Antonio, Tx Blue Bell, PA Item Criteria Max Points Vendor Vendor Vendor Vendor Vendor 1 Ability to provide all services detailed in "Specific Requirements", methodology, 40 37.75 35 34.5 34.75 28.75 philosophy, rsources and flexibility applied to fulfill the scope of services 2 Proven experience providing all services detailed 20 19.75 15.75 17.5 16.25 12.5 in "Specific Requirements". 3 Experience/qualifications of management and claims personnel, company history and 20 20 15.5 17.5 17.5 15 financial stability 4 Local Office 10 10 6 6 6 5.25 5 Cost of Services 10 8.5 10 6 5 7.75 TOTAL POINTS 100 96 82.25 81.5 79.5 69.25 1 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to award a contract to Lopez Utilities Contractor, LLC, of Houston, TX for the Wescalder Rd Pipe Bursting Project (Washington Blvd to Baker Rd). BACKGROUND The Wescalder Rd Pipe Bursting Project (Washington Blvd to Baker Rd) will replace 3,250 LF of sanitary sewer line and replace ten (10) manholes that are deteriorating and in need of repair. On February 22, 2024, three (3) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer’s Estimate for the contract is $305,000.00. The bid totals are indicated in the table below: Contractor Location Total Bid Amount Lopez Utilities Contractor, LLC Houston, TX $319,087.50 King Solution Services, LLC Houston, TX $343,010.00 Vortex Services, LLC Houston, TX $442,945.00 Based on a review of the bids, required documents received, and reference background checks, Water Utilities recommends awarding the project to the lowest bidder, Lopez Utilities Contractor, LLC, in the amount of $319,087.50. A total of 75 calendar days are allocated for substantial completion of the project. FUNDING SOURCE American Rescue Plan Funding. RECOMMENDATION Approval of the resolution. ATTACHMENTS Wescalder Rd Pipe Bursting Project (Washington Blvd to Baker Rd) Bid Tabulation RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on February 22, 2024, three (3) bids were received for furnishing all labor, materials, and equipment for the Wescalder Rd Pipe Bursting Project (Washington Blvd to Baker Rd); and, WHEREAS, Lopez Utilities Contractor, LLC, of Houston, Texas, submitted a bid in the amount of $319,087.50 to complete the work and materials for the Wescalder Rd Pipe Bursting Project (Washington Blvd to Baker Rd); and, WHEREAS, the City Council is of the opinion that the bid submitted by Lopez Utilities Contractor, LLC, of Houston, Texas is the lowest responsible bidder providing services at the best value to the City and 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 the City Council hereby approves the award of a contract to Lopez Utilities Contractor, LLC, of Houston, Texas, in the amount of $319,087.50 to complete the work and material for the Wescalder Rd Pipe Bursting Project ((Washington Blvd to Baker Rd); and, THAT the City Manager be and he is hereby authorized to execute a contract with Lopez Utilities Contractor, LLC, of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2024. _______________________________ - Mayor Roy West- 2 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider a resolution approving the repair of a Caterpillar 826K Compactor for use on the landfill. BACKGROUND Unit 5209 is a 2018 Caterpillar 826K Compactor that is used to compact the trash to allow for denser storage of the trash within a cell. The landfill has a single primary unit with a reserve unit for this purpose. This unit has 11,919 frame hours on it. The expectation is that the engine will last somewhere from 13,000 – 15,000 hours before needing a rebuild which is an industry standard. On February 23, 2024, the unit began to experience low oil pressure. Fleet personnel went through troubleshooting and verified that one side of the engine was experiencing low oil pressure indicating engine failure. Mustang CAT was contacted on the issue and found the same faults indicting engine failure. Fleet had planned for a Certified Caterpillar Rebuild for this unit in FY25 from maintenance tracking of the number of engine hours. The engine replacement would be completed by Mustang CAT of Houston in the amount of $125,556.00. Mustang CAT is a sole source vendor. The work includes a 3 year/5,000 hour warranty on the new engine. A new compactor, of this size and make, would cost an estimated $1,150,000. FUNDING SOURCE Fleet Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Mustang CAT Proposal 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 approve the engine replacement repair on unit 5209, a 2018 Caterpillar 826K Compactor for use in the landfill in the amount of $125,556.00, from Mustang CAT of Houston, Texas. The repair will include a three (3) year/5,000-hour warranty. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2024. _______________________________ - Mayor Roy West - Customer Name: CITY OF BEAUMONT Estimate #: 89843 Customer #: 0587550 Estimate Date: 2/28/24 Contact Name: JEFF HARVILLE Job/WO #: Jeff.Harville@BeaumontTexas.gov Model/Serial 826K/23206343 t:409-842-5885 Sales Rep: Koby Box KBox@mustangcat.com Customer PO# t:713-452-7338 m:936-336-0046 Current Hours: MR HARVILLE Thank you for considering Mustang CAT and the opportunity to provide Product Support for your machine. Our recommended solution is based on our current understanding of your requirements and is summarized below. Please contact me if your requirements have changed or if you have any questions about the products and services we are recommending. When you are ready to move forward, please sign and date on the bottom of the page and return it to me. We look forward to working with you! DESCRIPTION PARTS LABOR MISC EXTENDED Machine Haul To/From City of Beaumont Landfill $5,000.00 $5,000.00 Machine Wash & Inspect (Landfill) $2,341.00 $2,341.00 Remove & Install Engine $10,317.00 $10,317.00 Remove & Install Cooling Package $2,853.00 $2,853.00 CMCR Recondition Engine w/reman long block - Injectors, starter, alternator, etc. $47,264.00 $11,030.00 $ 180.00 $58,474.00 CMCR Recondition Clean Emissions Module $28,732.00 $10,380.00 $39,112.00 Replace Radiator, Oil Cooler, Aftercooler $18,365.00 $3,678.00 $ 600.00 $22,643.00 Test After Repair $1,290.00 $1,290.00 CMCR 3YR/5000HR Warranty -$4,510.00 -$4,510.00 CMCR Parts Discount - $12,224.00 -$12,224.00 SUBTOTALS: $94,361.00 $41,889.00 -$10,954.00 $125,296.00 *SUPPLY CHARGE IS 2% OF INVOICE TOTAL - MAXIMUM CHARGE OF $120 SUPPLY CHARGE: $ 120.00 *ENVIRONMENTAL FEE IS 3% OF INVOICE TOTAL - MAXIMUM CHARGE OF $140 ENVIRONMENTAL FEE: $ 140.00 SALES TAX: $ .00 **Subject to additional parts/labor upon disassembly *Parts pricing above does not include freight charges and will be added to the final invoice. This Quote is Valid for 30 Days. TOTAL: $125,556.00 Accepted by: Page 2 of 2 visit us online at www.MustangCAT.com Printed Name Date Customer Signature 3 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute related documents to purchase property located at 792 Catalpa Street. BACKGROUND The City of Beaumont is seeking to purchase a parcel of land from the Florence Mary Prejean Dumas Franks Estate in the amount of $1,500 to improve sludge removal at the Beaumont Surface Water Treatment Plant located at 1550 Pine Street. The parcel is identified as being the east 20 feet of the west 40 feet of Lot 2, Block 7 off the North Addition located at 792 Catalpa Street. There are two (2) labor weed liens against the property: $65.00 filed February 26, 1985 against Florence Dumas Franks and $185.00 filed June 1, 1990 against Florence Dumas Franks with accrued penalties and interest in the total amount of the two (2) liens is $1,318.75. The property was appraised by Cooks & Associates with a value of $1,500. City staff is requesting the two (2) liens be waived in order to acquire the property from the owner. Property taxes are paid and current. The date of closing will be on or before March 22. FUNDING SOURCE Water Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Agreement - Dumas Franks Estate Weed Lien - Feb1985 Weed Lien - June 1990 Site Plan – 792 Catalpa Street RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City of Beaumont is seeking to purchase a parcel of land being east 20 feet of the west 40 feet of Lot 2, Block 7 off the North Addition located at 792 Catalpa Street, from the Florence Mary Prejean Dumas Franks Estate; and, WHEREAS, there are two (2) labor weed liens against the property; $65.00 filed February 26, 1985, against Florence Dumas Franks and $185.00 filed June 1, 1990, against Florence Dumas Franks with accrued penalties and interest on the two (2) liens in the amount of $1,318.75; and, WHEREAS, the property was appraised by Cooks and Associates with a value of $1,500.00; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all related documents to purchase property located at 792 Catalpa Street from the Florence Mary Prejean Dumas Franks Estate in the amount of $1,500.00 to improve sludge removal at the Beaumont Surface Water Treatment Plant located at 1550 Pine Street; and, THAT City staff is requesting the two (2) labor weed liens in the amount of $1,318.75 be waived in order to acquire the property from the owner. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2024. _______________________________ - Mayor Roy West - Pine Street Catalpa Avenue Texas Avenue Church of the Living God Future Acquisition Florence Dumas Franks Proposed Acquisition City of Beaumont Pine Street Water Treatment Facility Mount Gilead Church Future Acquisition 68215 4 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider a resolution approving a contract to Vortex Companies for the Multi Sensor Inspection of the West Lucas Drive storm sewer. BACKGROUND This project consists of a multi sensor inspection of the West Lucas storm sewer line from Folsom Drive to the outfall south of Laurel Avenue for a distance of approximately 12,000 linear feet. The inspection will gather detailed storm sewer assessment data to determine the pipe’s ovality, measure any wall loss, identify any pipe deformations and/or offset joints, and collect other data used to determine the overall condition of the storm sewer. This inspection is done by multi sensors collecting 2-D cross sections of the pipe wall and creating a high-resolution 3-D model from those cross sections. Public Works Engineering staff reviewed the results from previous surveys of the West Lucas storm line. These surveys included a video from a previous standard cleaning and televising project, a ground-penetrating radar survey of the Lucas storm sewer line, and recent visual inspections taken during the recent point repair project. The result of these reviews lead Engineering staff to recommend that a more detailed inspection be performed that will identify the precise locations for any necessary point repairs and to provide a clearer overall understanding of what rehabilitation methods can be used for this storm sewer line. The goal is to strategically plan how to best spend repair funds to maximize the service life of the storm sewer line while minimizing negative impacts to the surrounding community. Based on a review of the proposal from Vortex, the Public Works Engineering staff recommends awarding the contract to Vortex Companies, of Houston, in the amount of $296,850.00. Vortex has successfully performed similar sewer inspection work for the City and the proposal was obtained through the HGACBuy Cooperative. A total of thirty (30) calendar days are allocated for the completion of this project. FUNDING SOURCE Certificates of Obligation. RECOMMENDATION Approval of the resolution. ATTACHMENTS Lucas MSI Proposal 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 contract with Vortex Companies, of Houston, Texas in the amount of $296,850.00 for the Multi Sensor Inspection of the West Lucas Drive storm sewer. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2024. _______________________________ - Mayor Roy West - To: City Of Beaumont Contact: Molly Villarreal Project Name: TX - Beaumont - MSI On Lucas Bid Number: 2326914-3 Email: Molly.Villarreal@BeaumontTexas. gov Room 315 Address: 801 Main Street Phone: 409.880.3720 Project Location: Lucas St., Beaumont, TX Bid Date: 2/20/2024 Proposal is based on utilizing HGAC contract # TP07-18 Item # Item Description Estimated Quantity Unit Unit Price Total Price A6 Sewer Main Television Inspection (66" Through 72" 12,000.00 LF $22.00 $264,000.00 Diameter) O11 Barricades, Signs, and Traffic Handling (per setup) 8.00 EACH $2,500.00 $20,000.00 O13 Flagmen 240.00 HR $40.00 $9,600.00 P13 Travel And Mobilization- TML Region 14 (San Jacinto- 1.00 EACH $3,250.00 $3,250.00 Houston Area) Total Bid Price: $296,850.00 Notes: •This proposal is 2D MSI • Proposal does not figure any dewatering or bypass pumping. We anticipate performing work under flows 3" less. We are capable of performing the work with greater flows but it would effect the video quality. • Proposal includes standard signs and cones and flagger operations. Any additional maintenance of traffic (MOT) needed will be provided by Others. • Owner will provide access to each and every manhole and or structure. This may include but not limited locating, exposing, and raising buried MH's prior to our crew mobilizing. • If necessary, Owner will provide Permits & Fees. Vortex will provide our standard insurance coverage. OCP or railroad insurance & or longshoreman insurance is not included. • Our Bid Proposal is valid for 30 days from the bid date. • Standard Wages have been included no Prevailing Wages or Union Wages are not included. • Our bid proposal as submitted reflects the current material pricing established on or before the bid date listed within our proposal. In the event of unforeseen price increases of our raw materials, Vortex reserves the right to adjust our unit rate or overall bid proposal accordingly to account for such price increases. • Payment terms: Net 30 days. Interest will be added to balances outstanding after 30 days • This is a unit priced contract and the actual billing will be based on installed quantities. If the installed quantities vary greater than 10% of the bid quantities, Vortex reserves the right to adjust our unit price accordingly. • Any delays besides weather that is outside of our control will be billed at a standby rate of $960/ hour. • All site prep must be completed (including access, cleaning, removal of bracing) prior to our mobilization. Any delays caused by not having these ready will also be billed at $960 / hr. ACCEPTED: The above prices, specifications and conditions are satisfactory and are hereby accepted. Buyer: Signature: Date of Acceptance: CONFIRMED: Vortex Services LLC Authorized Signature: Estimator: Adam Gilbert (207) 754-3628 adam.gilbert@vortexcompanies.com Page 1 of 1 5 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider a resolution authorizing eminent domain proceeding to acquire an exclusive water line easement at 7705 Water Edge. BACKGROUND In order to improve the water quality of the existing dead-end line on Water Edge, it is necessary for the City to acquire an exclusive water line easement from the property at 7705 Water Edge. The property owner did not accept an offer from the City to purchase the easement property at the appraised market value. The subject property was appraised by Cook & Associates, Inc., as described: Address: 7705 Water Edge Legal Description: 7.50 feet wide exclusive water line easement out of Lot 8A, Section V: Sienna The Crescent on Walden Phase I, situated in C. Williams League, Abstract No. 59 Owner: Waleed Bassa Value: $675.00 Staff has made several attempts to contact the owner with the purpose of negotiating the acquisition of the property, but the owner has rejected the offer. Since the owner has refused to sell the property to the City for the appraised market value, it is necessary to initiate proceedings in eminent domain to acquire the property. In order to authorize the exercise of eminent domain to acquire property, a specific motion and record vote is necessary. FUNDING SOURCE Water Fund. RECOMMENDATION Approval of the resolution. ATTACHMENTS Exhibits A & B RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the City Council of the City of Beaumont deems it necessary that property located at 7705 Water Edge be acquired for an exclusive water line easement; and, WHEREAS, the City Council has found that a public necessity exists requiring the hereinafter described property: 7705 Water Edge: 7.50 feet wide exclusive water line easement out of Lot 8A, Section V: Sienna the Crescent on Walden Phase I, situated in C. Williams League, Abstract No. 59. Total Appraised Value: $675.00 Appraiser: Cooks & Associates, Inc. Owner: Waleed Bassa ; and, WHEREAS, the City Council deems it necessary to acquire the hereinafter described interests in and to the hereinafter described property for an exclusive water line easement, and has found and determined that said interests in and to the hereinafter described land is suited for such purposes and that it is necessary to acquire same for said purposes; and, WHEREAS, the City of Beaumont, through its duly authorized representatives, has negotiated in good faith with the owners of the hereinafter described land and has been unable to agree with such owner of such property as to the fair market value thereof and damages, if any, and further negotiations for settlement have become futile and impossible; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized and directed to file or cause to be filed against all owners of the following parcel of land, and all claimants of any interest therein, proceedings in Eminent Domain to acquire fee simple title for said purposes, in and to the said parcel of land shown in Exhibit "A," attached hereto and made a part hereof, the parcels of land being situated in Beaumont, Jefferson County, Texas. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2024. _______________________________ - Mayor Roy West - 6 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider an ordinance denying Texas Gas Service Company proposed rates. BACKGROUND On or about February 9, 2024, Texas Gas Service Company (”TGS") filed a Gas Reliability Infrastructure Program ("GRIP") adjustment factor for cities located in their Central-Gulf service area. TGS is authorized to make annual GRIP rate change requests pursuant to Texas law passed in 2023, Gas Utility Regulatory Act, TEX. UTIL. CODE § 143.301 ("GRIP Statue"). The GRIP Statue authorizes gas utility companies to request annual rate increases associated with year-to- year changes in incremental investment. The changes in investment are not subject to reasonableness review in the GRIP filing. The GRIP Statue provides that the proposed GRIP rate surcharge will become effective sixty (60) days from the date of the filing or April 9, 2024, unless suspended by the City. Suspension will allow time to review the filing and ensure that the GRIP filing complies with the GRIP Statue. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, SUSPENDING THE RATES PROPOSED BY TEXAS GAS SERVICE COMPANY’S (“TGS” OR “COMPANY”) GAS RELIABILITY INFRASTRUCTURE PROGRAM (“GRIP”) FILING MADE WITH THE CITY ON OR ABOUT FEBRUARY 9, 2024; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about February 9, 2024, Texas Gas Service Company (“TGS” or “Company”) filed an Annual GRIP adjustment with the City of Beaumont (“City”) to increase gas rates in the Central/Gulf Service Area pursuant to Gas Utility Regulatory Act, TEX. UTIL. CODE (“Gas Utility Regulatory Act”) § 104.301; and, WHEREAS, the Company proposed an effective date for the proposed increase of April 9, 2024, unless the City suspends the date for a period no longer than forty-five (45) days; and, WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of a gas utility in areas in the municipality pursuant to Gas Utility Regulatory Act § 103.001; and WHEREAS, Gas Utility Regulatory Act § 104.301 requires a streamlined process for the recovery of the costs of incremental investment by a gas utility; and, WHEREAS, the City’s review of TGS’s GRIP filing is limited to a ministerial review of the filing for compliance with the statute; and, WHEREAS, the City finds the need to suspend the effective date of the Company’s proposed rate increase for forty-five (45) days beyond the Company’s proposed effective date until May 24, 2024, in order to review the Company’s filing for compliance with Gas Utility Regulatory Act § 104.301; and, WHEREAS, the reasonableness of the Company’s investment will be reviewed in a future base rate case where all costs included in the Company’s GRIP filing will be subject to refund. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, THAT: Section 1. That the statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The effective date of the Company’s proposed GRIP rate increase, and the proposed tariffs related thereto, is hereby suspended until May 24, 2024. Section 3. To the extent the City finds that the rates proposed by the Company’s filing comply with Gas Utility Regulatory Act § 104.301, then the rates will become effective by operation of law on May 24, 2024. Section 4. The meeting at which the ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 5. This Ordinance shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2024. _______________________________ - Mayor Roy West - ATTEST: _________________________________ 7 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider amending Chapter 24 of the Code of Ordinances of the City of Beaumont, to reflect updated construction codes and local amendments. BACKGROUND In the ongoing effort to ensure that the public is increasingly safer and more secure in the buildings constructed in Beaumont, that families and businesses are assured of quality construction for their investments, to comply with federal and state mandates and comply with the requirements of the Insurance Services Office (ISO), the City, from time to time, considers the adoption of updated construction codes and local amendments. Proposed is the adoption of Chapter 24 in Beaumont’s City Ordinance. This proposed adoption is 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, the Associated General Contractors of Southeast Texas, local engineers, architects and contractors throughout the last year in order to discuss significant changes and offer guidance on the implementation of the new codes. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Chapter 24 in Beaumont’s City Ordinance ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES TO REFLECT UPDATED CONSTRUCTION CODES AND LOCAL AMENDMENTS. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 24 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: ARTICLE 24.01 GENERAL PROVISIONS Sec. 24.01.001 Contractor's bond requirements (a) No person or corporation acting as a contractor may perform construction work without first having obtained a bond from the City. Nothing in this City Code shall be construed to require a person to obtain a bond or license to do any work himself on his own residence which is owned and occupied as his homestead. This individual shall be present for all inspections by the City. (b) The contractors bond requirements shall be as follows: (1) The bond shall cover all erecting, construction, enlarging, repairing, moving, improving, converting or demolishing of building and structures for the period of one (1) year from the date of approval and filing thereof and shall cover all work performed under said bond for a period of not less than two (2) years from the date of final building inspection. (2) Building contractor's bond: $25,000.00. (3) Roofing contractor's bond: $15,000.00. (4) Driveway and sidewalk contractor's bond: $5,000.00. (Ordinance 97-5, Sec. 1, adopted 2/4/97; Ordinance 97-66, Sec. 2, adopted 12/16/97; 1978 Code, Sec. 6-4; Ordinance 07-017, Sec. 2, adopted 2/20/07; Ordinance 10-057, Sec. 1, adopted 8/3/10) Sec. 24.01.002 Fee schedule (See New Documents) 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 Reinspection fee $25.00 Overtime inspections (minimum 4 hours 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 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 First $100,000.00 $500.00 Each additional $1,000.00 up to $500,000.00 $4.15 First $500,000.00 $2,000.00 Each additional $1,000.00 $3.10 Building permit fee - Residential new construction $0.35/sq. ft. Building permit fee - Residential additions and remodeling construction $0.18/sq. ft. Building permit fee - Residential - doors and windows $1.50 each Building permit fee - Sheetrock $1.00/sheet (32 sq. ft.) Building permit fee - Residential - siding $0.50/lineal foot Building permit fee - Residential - roofing $0.05/sq. ft. Swimming pools - Residential $200.00 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 sq. ft. $2.00 Residential $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 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 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 - Commercial First $1,000 $35.00 Each additional $1,000.00 $3.20 Mechanical Permit - Residential First ton $35.00 Each additional ton $5.00 (Ordinance 10-057, Sec. 31, adopted 8/3/10; Ordinance 17-008, Sec. 1, adopted 2/7/17; Ordinance 19-036 adopted 6/18/19) ARTICLE 24.02 TECHNICAL AND CONSTRUCTION CODES AND STANDARDS Division 1. Generally Sec. 24.02.001 Reasonable accommodation It is the policy and practice of the City 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 Building 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 is incorporated herein by reference to be used in conjunction with the purposes of this code. (Ordinance 17-008, Sec. 2, adopted 2/7/17) Secs. 24.02.002–24.02.050 Reserved Division 2. Building Code 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 2021 edition thereof, including Appendix A, 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. (Ordinance 75-16, Sec. 1, adopted 3/4/75; Ordinance 78-46, Sec. 1, adopted 4/11/78; Ordinance 82-103, Sec. 1, adopted 8/31/82; Ordinance 87-52, Sec. 1, adopted 7/7/87; Ordinance 89-62, Sec. 1, adopted 8/22/89; Ordinance 96-57, Sec. 2, adopted 10/15/96; Ordinance 98-67, Sec. 1, adopted 11/3/98; Ordinance 99-87, Sec. 1, adopted 10/26/99; Ordinance 03-080, Sec. 2, adopted 10/14/03; 1978 Code, Sec. 6-20; Ordinance 10-057, Sec. 2, adopted 8/3/10; Ordinance 17-008, Sec. 3, adopted 2/7/17) Sec. 24.02.052 Amendments Section 104.1 of the International Building Code is hereby amended as follows: Section 104.1 General. The Building Official is hereby authorized and directed to enforce the provisions of this code. The Building Official shall have the authority to render interpretations of this code and all other adopted codes within the jurisdiction. This includes, but is not limited to, the International Residential Code, International Existing Building Code, International Fire Code, and International Property Maintenance Code. The Building Official shall have the authority to adopt policies and procedures in order to clarify the application of its provisions such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the code. 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: Building. 1. Fences not over 6 feet (1,829 mm) high. 2. Retaining walls that are not over 4 feet (1,219 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 (18,925 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 (18,925 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 (1,372 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 (1,753 mm) in height. Electrical. 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. 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical. 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. Plumbing. 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. (I) All group A, E, and I occupancies. (II) Buildings and structures three (3) stories or higher. (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. 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 (1) architect, one (1) engineer, one (1) member at-large from the building industry, one (1) building contractor, one (1) member at-large from the public and two (2) 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, before the expiration of the 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 City 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 City 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 2021 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 2021 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 (5) 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 (5) 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 (5) 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 (5) 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 Marshal. 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 2,000 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-600-2020. An ICC-600-2020 form shall be signed and sealed by a structural engineer. All other commercial wood frame construction shall comply to the provisions of the ICC-600-2020 and the Texas Windstorm Inspection Program. Inspections shall be performed by a qualified engineer. 1. The hill, ridge, or escarpment is 60 feet (18,288 mm) or higher if located in Exposure B or 30 feet (9,144 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 City 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 subsection (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 subsections (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 subsection (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 jobsite for review by the City Building Inspector. e. Prior to the placement of any concrete, the contractor shall arrange for a jobsite 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. 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 centerline of Magazine Street with the westerly bank of Brakes Bayou; thence west along the centerline of Magazine Street and said centerline of Willow Street; thence south along the centerline of Willow Street to its intersection with the centerline of Calder Avenue; thence west along the centerline of Calder Avenue to its intersection with the centerline of Forrest Street; thence south along the centerline of Forrest Street and said centerline 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 centerline of Trinity Street extended northward; thence in a southerly direction along the said centerline of Trinity Street to its intersection with the centerline of Crockett Street; thence westerly along the centerline of Cricket Street to its intersection with the centerline of Holmes Avenue; thence southerly along the centerline of Forsythe Street; thence easterly along the centerline of Forsythe Street to its intersection with the centerline of Trinity Street; thence southerly along the centerline of Trinity Street to its intersection with the centerline of College Street; thence easterly along the centerline of College Street to its intersection with the centerline of Neches Street; thence southerly along the centerline of Neches Street to its intersection with the centerline of Franklin Street; thence easterly along the centerline of Franklin Street to its intersection with the centerline of Park Street; thence southerly along the centerline of Park Street to its intersection with the centerline of Blanchette (formerly Austin) Street; thence easterly along the centerline of Blanchette (formerly Austin) Street to its intersection with the centerline of Main Street; thence northerly along the centerline of Main Street to its intersection with the centerline of Gilbert (formerly Washington) Street; thence easterly along the centerline 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 centerline of College Street; thence westerly along the centerline of College Street to its intersection with the centerline of Market Street; thence northerly along the centerline of Market Street to its intersection with the centerline of Forsythe Street; thence easterly along the centerline of Forsythe Street and said centerline 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. (1958 Code, secs. 8-1.1–8-1.7, 8-3, 8-4, 16-28; Ordinance 76-124, Sec. 1, adopted 10/19/76; Ordinance 81-55, Sec. 1, adopted 7/14/81; Ordinance 83-14, secs. 1, 2, adopted 2/15/83; Ordinance 83-52, Sec. 1, adopted 5/10/83; Ordinance 86-69, Sec. 1, adopted 6/24/86; Ordinance 87-52, Sec. 2, adopted 7/7/87; Ordinance 89-62, Sec. 2, adopted 8/22/89; Ordinance 91-20, Secs. 1, 2, adopted 2/26/91; Ordinance 91-59, Sec. 1, adopted 7/30/91; Ordinance 96-57, Sec. 3, adopted 10/15/96; Ordinance 97-66, Sec. 1, adopted 12/16/97; Ordinance 98-67, Sec. 2, adopted 11/3/98; Ordinance 99-5, Sec. 1, adopted 1/19/99; Ordinance 99-23, Sec. 1, adopted 3/23/99; Ordinance 02-074, Sec. 1, adopted 9/17/02; Ordinance 02-099, Sec. 1, adopted 11/26/02; Ordinance 03-080, Sec. 3, adopted 10/14/03; Ordinance 04-069, Sec. 1, adopted 8/24/04; 1978 Code, Sec. 6-21; Ordinance 07-017, Sec. 3, adopted 2/20/07; Ordinance 10-057, Sec. 3, adopted 8/3/10; Ordinance 10-075, Sec. 1, adopted 9/14/10; Ordinance 17-008, Sec. 4, adopted 2/7/17) Secs. 24.02.053–24.02.100 Reserved Division 3. Residential Code Sec. 24.02.101 Adoption The 2021 edition of the International Residential Code for One- and Two-Family Dwellings (IRC), including Appendix AA, AB, AC, AE, AJ, AP, AQ, AV, AW, 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. (Ordinance 01-100, Sec. 1, adopted 12/18/01; 1978 Code, Sec. 6-173; Ordinance 10-057, Sec. 25, adopted 8/3/10; Ordinance 17-008, Sec. 5, adopted 2/7/17) Sec. 24.02.102 Amendments Section R105.2 of the International Residential Code is hereby amended to read as follows: 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. Building. 1. Fences not over 6 feet (1,829 mm) high. 2. Retaining walls that are not over 4 feet (1,219 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 (1,372 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. 5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Gas. 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. Mechanical. 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. Plumbing. 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. Homestead. 1. Home owners able to prove homesteading at a single-family residence are allowed to perform repair work without a permit. Repair work does not include a detached or attached addition to the property, or any work that will alter the floor plan, windows, exterior doors, siding, roofing, or MEP’s (Mechanical, Electrical, Plumbing) within the walls or attic. 2. If permits are required and the work is performed by the home owner, the home owner is allowed a total of two (2) failed inspections by trade before they are required to get a professional involved. 3. This clause does not apply to landlords. 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 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-600-2020) 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 R319.1 of the International Residential Code is hereby amended to read as follows: Section R319.1 Address numbers. Temporary addresses shall be posted at the beginning of construction, and placed on a 2 ft x2 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. 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 R506.2.3 Exception 5 of the International Residential Code is added: Section R506.2.3 Exception 5. A minimum of 6-mil vapor retarder is used. Table N1102.1.3 of the International Residential Code is hereby amended to read as follows: Table N1102.1.3. Ceiling R-Value for Climate Zone 2 38. Section N1103.6 of the International Residential Code is hereby clarified as follows: Buildings and dwelling units shall be provided with mechanical ventilation that complies with the requirements of Section M1505 or with other approved means of ventilation. Outdoor air intakes and exhausts shall have either automatic gravity dampers that close when the ventilation system is not operating. Automatic dampers shall be either mechanical or motorized. Standard 6” sizing shall be required unless approved by the Chief Mechanical Inspector or the contractor can prove an exception in manual J or S. Section M1305.1.2 of the International Residential Code is hereby amended to read as follows: Section M1305.1.2 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 (6,096 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 (1,829 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 P2503.5.1 of the International Residential Code is hereby clarified as follows: 1. Water Test. Inaccessible piping under the foundation shall be filled with water to a point not less than 10 feet above the top of the main. Top out test shall be tested with 5 feet from floor level, on each floor level necessary. 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 P2903.1.1 of the International Residential Code is hereby added to read as follows: In consideration of the moist air conditions of Inland Coastal 2 Climate Zone, manufactured pipe nipples shall be brass or stainless for any permanent water system. 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, or copper tubing and fitting. Section P3002.2 of the International Residential Code is hereby amended to read as follows: Section P3002.2. Building sewer. Building sewer main piping shall be a minimum of four (4) inches and conform to P3002.1. Branches outside of the foundation shall be sized appropriately. Six (6) inch and larger sewer shall be SDR 26 or better. Section P3108.1.1 of the International Residential Code is hereby added to read as follows: Section P3108.1.1 Wet Venting Permitted excluding the first story. Section P3114.3 of the International Residential Code is hereby amended to read as follows: Section P3114.3. Where permitted. Individual vents, branch vents, circuit vents, and stack vents shall be permitted to terminate with a connection to an air admittance valve. Individual and branch- type air admittance valves shall vent only kitchen & bar-type sinks that are on the same floor level and connect to a horizontal branch drain. Where the air admittance valve terminates a branch greater than 10’ it shall be provided a relief vent in the nearest wall. A relief vent shall be defined as a combination supplying both a vent and the remaining branch to the air admittance valve. 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. (Ordinance 01-100, Sec. 1, adopted 12/18/01; 1978 Code, Sec. 6-174; Ordinance 10-057, Sec. 26, adopted 8/3/10; Ordinance 17-008, Sec. 6, adopted 2/7/17) Sec. 24.02.103 Driveway required for all new residential construction It is the duty of all persons owning property abutting on paved streets in the City to construct or cause to be constructed, at their own cost and expense, driveways leading from the curb line to the property line on such lots as may be necessary to enter with any vehicle from the street. (Ordinance 10-057, Sec. 27, adopted 8/3/10) Secs. 24.02.104–24.02.150 Reserved Division 4. Plumbing Code Sec. 24.02.151 Adoption (a) The title of this Division shall be “The Beaumont Plumbing Code,” and may be cited as such, and may be referred to in this Division as “this code.” (b) The 2021 edition of the Uniform Plumbing Code, excluding 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. Where the requirements within the jurisdiction have any conflict with the requirements in the International Building Code or the International Residential Code, the International Building Code and the International Residential Code shall prevail. A copy of such code is on file in the office of the City Clerk. (Ordinance 03-080, Sec. 8, adopted 10/14/03; 1978 Code, Sec. 6-140; Ordinance 10-057, Sec. 17, adopted 8/3/10; Ordinance 17-008, Sec. 7, adopted 2/7/17) Sec. 24.02.152 Definitions As used in this code the following definitions shall apply: Approved or approval. Approved by the Plumbing Inspector. National, state, and City standards shall be the basis of such approval. Journeyman plumber. Any person who is employed by a person (who is by training, experience, and education competent to lay out, design and install a plumbing system to conform to the UPC) to do plumbing work for wages and who does not furnish any materials or supplies in the performance of his work and holds a journeyman plumbing license. Maintenance and repair. The act of keeping in a state of safe operating condition any conductor or piece of equipment used inside or outside attached or connected to any building plumbing system, by replacement of units or elements thereof, but shall not include extensions of or additions to an existing system. Maintenance plumber. A person is not required to be licensed under Chapter 1, Section 1301.053, of the state plumbing license law. Master plumber. Any person who is, by training, experience, and education, competent to lay out, design, and install a system of plumbing and holds a master plumbing license. Plumbing construction. All work and material used in installing, maintaining, or extending of a plumbing system and all appurtenances, apparatus, and equipment used in connection therewith, inside of or attached to any building or structure, lot, or premises. Plumbing contractor. Any person or firm engaged in the business of providing and selling plumbing services shall have a permanently established place of business with a published telephone number. He shall hold a master plumbing contractors’ certificate or shall employ an individual who does and carry him on his active payroll. A master plumber may not qualify more than one plumbing contractor. He shall be available to the inspection authority to answer any questions relating to plumbing work coming under the jurisdiction of this plumbing inspection authority. (Ordinance 10-057, Sec. 18, adopted 8/3/10) Sec. 24.02.153 Amendments Section 101.2 of the Uniform Plumbing Code is hereby amended to read as follows: Section 101.2. The provisions of this code shall apply to the erection, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of commercial plumbing systems within this jurisdiction. Section 102.1 of the Uniform Plumbing Code is hereby amended to read as follows: Section 102.1. Where the requirements within the jurisdiction of this Plumbing Code have any conflict with the requirements in the International Building Code or the International Residential Code, the International Building and International Residential Code shall prevail. Section 102.1.1 of the Uniform Plumbing Code is hereby added to read as follows: Section 102.1.1. Where the requirements within the jurisdiction of the International Building Code or International Residential Code reference the International Plumbing Code, the International Plumbing Code shall be used as the Beaumont Plumbing Code. Section 104.5 of the Uniform Plumbing Code is amended to read as follows: Section 104.5 Fee schedule. See Section 24.01.002, adoption of fee schedule, of the City Code of Ordinances. Section 107.1 of the Uniform Plumbing Code is hereby amended to read as follows: Section 107.1 Application for appeal. A person shall have the right to appeal a decision of the Building 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 Building Official within twenty (20) days after the notice was served. Section 402.5 of the Uniform Plumbing Code is hereby amended to read as follows: Section 402.5. Fixtures shall be set level and in proper alignment with reference to adjacent walls. No water closet or bidet shall be set closer than 15 inches from its center to a side wall or obstruction or closer than 30 inches center to center to a similar fixture. The clear space in front of a water closet, lavatory, or bidet shall be not less than 21 inches. No urinal shall be set closer than 12 inches from its center to a side wall or partition or closer than 24 inches center to center. Section 408.4 of the Uniform Plumbing Code is hereby amended to read as follows: Section 408.4. Showers shall have a waste outlet and fixture tailpiece not less than 1 ½ inches in diameter. Fixture tailpieces shall be constructed from the materials specified in Section 701.2 for drainage piping. Strainers serving shower drains shall have a waterway at least equivalent to the area of the tailpiece. Section 408.6 of the Uniform Plumbing Code is hereby amended to read as follows: Section 408.6. Shower compartments shall be not less than 900 square inches in interior cross- Sectional area. Section 422.1 of the Uniform Plumbing Code is hereby amended to read as follows: Section 422.1. Requirements for this Section can be found in the International Building Code, Table 2902.1. Section 508.4.1 of the Uniform Plumbing Code is hereby amended to read as follows: Section 508.4.1. The distance from the passageway access to the appliance shall not exceed 20 feet measured along the centerline of the passageway. Section 601.3.2 of the Uniform Plumbing Code is hereby amended to read as follows: Section 601.3.2. Pipe identification shall be repeated at intervals not exceeding 25 feet. Section 603.4.3 of the Uniform Plumbing Code is hereby amended to read as follows: Section 603.4.3. Access shall be provided to backflow preventers as specified by the manufacturer’s instructions. Section 701.2 of the Uniform Plumbing Code is hereby amended to read as follows: Section 701.2, Drainage Piping. All sanitary drainage and vent piping for building drain or building-sewer to be schedule 40 PVC or better, or copper tube. Section 707.4 of the Uniform Plumbing Code is hereby amended to read as follows: Section 707.4 Horizontal drains and building drains. Horizontal drainage pipes in buildings shall have cleanouts located at intervals of not more than 80 feet. Building drains shall have cleanouts located at intervals of not more than 80 feet except where manholes are used instead of cleanouts, the manholes shall be located at intervals of not more than 400 feet. Section 718.1 of the Uniform Plumbing Code is hereby amended to read as follows: Section 718.1. Building sewers shall run in practical alignment and at a uniform slope of not less than ¼ inch per foot toward the point of disposal, unless otherwise approved by the authority having jurisdiction. Section 908.2.6 of the Uniform Plumbing Code is hereby added to read as follows: Section 908.2.6. Horizontal Wet Venting Permitted excluding the first story. (Ordinance 03-080, Sec. 8, adopted 10/14/03; 1978 Code, Sec. 6-142; Ordinance 10-057, Sec. 19, adopted 8/3/10; Ordinance 17-008, Sec. 8, adopted 2/7/17) Sec. 24.02.154 Supervision of work In the actual work of installing, maintaining, altering, or repairing of any plumbing system or equipment for which a permit is required by this code, there shall be present and in direct supervision a qualified plumber of the proper classification. It shall be required that a master or journeyman, as the case may be, be liable and responsible for the layout and technical supervision of any work which has required the securing of permits and a journeyman plumber shall not supervise at the job site more than three (3) unclassified workers. Should it come to the notice of the Chief Plumbing Inspector or his assistants that such supervision and control are not being maintained, the inspector may order the work to be discontinued and the person to whom the permit has been issued shall discontinue further work until proper supervision has been employed or supplied. (Ordinance 10-057, Sec. 20, adopted 8/3/10) Secs. 24.02.155–24.02.200 Reserved Division 5. Mechanical Code 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 2021 edition, including Appendix A, 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. (Ordinance 78-52, Sec. 1, adopted 5/9/78; Ordinance 89-61, Sec. 1, adopted 8/22/89; Ordinance 96-60, Sec. 1, adopted 10/15/96; Ordinance 03-080, Sec. 9, adopted 10/14/03; 1978 Code, Sec. 6-170; Ordinance 10-057, Sec. 21, adopted 8/3/10; Ordinance 17-008, Sec. 9, adopted 2/7/17) 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 [301.7] 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 (150) 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 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 (1,829 mm) high and 22 inches (559 mm) wide for its entire length, the passageway shall be not greater than 50 feet (15,250 mm) in length. 3. In all group R occupancies a pull-down stairway shall be installed for appliance access. (Ordinance 78-52, Sec. 1, adopted 5/9/78; Ordinance 83-40, Sec. 4, adopted 4/19/83; Ordinance 90-16, secs. 1, 2, adopted 3/13/90; Ordinance 92-80, Sec. 1, adopted 11/24/92; Ordinance 96-60, Sec. 2, adopted 10/15/96; Ordinance 99-46, Sec. 1, adopted 6/29/99; Ordinance 03-080, Sec. 9, adopted 10/14/03; 1978 Code, Sec. 6-171; Ordinance 10-057, Sec. 22, adopted 8/3/10; Ordinance 17-008, Sec. 10, adopted 2/7/17) Secs. 24.02.203–24.02.250 Reserved Division 6. Fuel Gas Code Sec. 24.02.251 Adoption The 2021 edition of the International Fuel Gas Code, including Appendix A, B, C, and E, 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. (Ordinance 87-5, secs. 1, 2, adopted 2/10/87; Ordinance 96-59, Sec. 1, adopted 10/15/96; Ordinance 98-67, Sec. 3, adopted 11/3/98; Ordinance 03-080, Sec. 5, adopted 10/14/03; 1978 Code, Sec. 6-130; Ordinance 10-057, Sec. 15, adopted 8/3/10; Ordinance 17-008, Sec. 11, adopted 2/7/17) 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 Building 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. Section 411.1 (3) of the International Fuel Gas Code is hereby amended to read as follows: Section 411.1 (3). Semirigid metallic tubing and metallic fittings. Lengths shall not exceed 6 feet and shall be located entirely in the same room as the appliance. Rigid pipe shall extend to outside of appliance, where semirigid metallic tubing can be connected. Sections 109.2 through 109.2.6 of the International Fuel Gas Code are repealed. Section 623.2 of the International Fuel Gas Code is repealed. (Ordinance 03-080, Sec. 6, adopted 10/14/03; 1978 Code, Sec. 6-131; Ordinance 10-057, Sec. 16, adopted 8/3/10; Ordinance 17-008, Sec. 12, adopted 2/7/17) Secs. 24.02.253–24.02.300 Reserved Division 7. Existing Building Code Sec. 24.02.301 Adoption The 2021 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. (Ordinance 89-63, Sec. 1, adopted 8/22/89; Ordinance 03-080, Sec. 10, adopted 10/14/03; 1978 Code, Sec. 6-172; Ordinance 10-057, Sec. 23, adopted 8/3/10; Ordinance 17-008, Sec. 13, adopted 2/7/17) 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 City Code. 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 the City Code of Ordinance. 2. Failure or refusal to timely perform any one or more of the requirements of the City Code of 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. (Ordinance 10-057, Sec. 24, adopted 8/3/10; Ordinance 17-008, Sec. 14, adopted 2/7/17) Secs. 24.02.303–24.02.350 Reserved Division 8. Property Maintenance Code 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 2021 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 this code. (Ordinance 03-080, Sec. 11, adopted 10/14/03; 1978 Code, Sec. 6-175; Ordinance 10-057, Sec. 28, adopted 8/3/10; Ordinance 17-008, Sec. 15, adopted 2/7/17) 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. 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 Building 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 2021 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 Building 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. (Ordinance 10-057, Sec. 29, adopted 8/3/10; Ordinance 17-008, Sec. 16, adopted 2/7/17) Secs. 24.02.353–24.02.400 Reserved Division 9. International Energy Conservation Code 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 2021 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. (Ordinance 10-057, Sec. 30, adopted 8/3/10; Ordinance 17-008, Sec. 17, adopted 2/7/17) Division 10. International Swimming Pool and Spa Code 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 2021 edition of the International Swimming Pool and Spa Code. One (1) copy of such International Swimming Pool and Spa 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 this code, save and except those portions that are deleted, modified, or amended by this code. ARTICLE 24.03 ELECTRICITY Division 1. Generally Sec. 24.03.001 Reasonable accommodation It is the policy and practice of the City 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 is incorporated herein by reference to be used in conjunction with the purposes of this code. (Ordinance 17-008, Sec. 19, adopted 2/7/17) Secs. 24.03.002–24.03.030 Reserved Division 2. Electrical Code Part I. In General 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 2020 edition thereof, one (1) copy of such National Electrical 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 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. (1958 Code, Sec. 11-1; 1978 Code, Sec. 6-50; Ordinance 10-057, Sec. 4, adopted 8/3/10; Ordinance 17-008, Sec. 20, adopted 2/7/17) Sec. 24.03.032 Definitions As used in this code, the following definitions shall apply: Approved or approval. Approved by the Electrical Inspector. National, state, and City standards shall be the basis of such approval. Conductor. A wire or cable or other form of metal suitable for carrying electrical current or potential. Electrical construction. All work and material used in installing, maintaining, or extending a system of electrical wiring, and all appurtenances, apparatus, and equipment used in connection therewith, inside of or attached to any building or structure, lot, or premises. Electrical contractor. Any person or firm engaged in the business of providing and selling electrical services. He shall have a permanently established place of business with a published telephone number. He shall hold an electrical contractor's certificate or shall employ an individual who does and carry him on his active payroll. A master electrician may not qualify more than one contractor. He shall be available to the inspection authority to answer any questions relating to electrical work coming under the jurisdiction of this electrical inspection authority. Equipment. Conductors, materials, fittings, devices, appliances, fixtures, signs, apparatus, motors, and the like, used as a part of or in connection with any electrical installation. Journeyman electrician. Any person who is employed by a person (who is by training, experience, and education competent to lay out, design and install a system of wiring for light, heat, or power to conform to the National Electrical Code) to do electrical work for wages and who does not furnish any materials or supplies in the performance of his work and holds a journeyman electrician license. Journeyman sign erector. Any person who is employed by a master sign electrician to install signs for wages and who does not furnish any materials and supplies in the performance of his work and holds a journeyman sign electrician license. Maintenance and repair. The act of keeping in a state of safe operating condition any conductor or piece of equipment used inside or outside, attached or connected to any building electrical system, by replacement of units or elements thereof, but shall not include extensions of or additions to an existing system or branch thereof. Maintenance electrician. An electrician regularly employed on a permanent basis by any person and who performs work only in the confines of the building or in or on the premises where he is regularly employed on a permanent basis, and who does maintenance work as defined in the definition of “maintenance and repair” and holds a maintenance electrician license. Master electrician. Any person who is, by training, experience, and education, competent to lay out, design, and install a system of wiring for light, heat, or power, and holds a master electrician license. Master sign electrician. Any person who is engaged in the business of manufacturing and/or installing electric signs and holds a master sign electrician license. Outside electrical work. The installing, maintaining, altering, repairing, or erecting of any electrical wiring, apparatus, devices, appliances, fixtures, or equipment located outside of and separate from buildings and on poles, towers, or other structures designed or constructed to be used exclusively for the support of such electrical wiring, apparatus, devices, appliances, fixtures, or equipment for which a permit is required under the terms of this code, except that overhead conductors may be attached to buildings. (1958 Code, Sec. 11-2; Ordinance 83-34, Sec. 1, adopted 4/5/83; Ordinance 87-41, Sec. 1, adopted 5/26/87; Ordinance 88-75, Sec. 1, adopted 8/16/88; Ordinance 93-35, Sec. 1, adopted 7/6/93; Ordinance 95-23, Sec. 1, adopted 4/4/95; 1978 Code, Sec. 6-51; Ordinance 07-017, Sec. 5, adopted 2/20/07) Sec. 24.03.033 Purpose The purpose of this code is the practical safeguarding of persons, and buildings and their contents, from electrical hazards arising from the improper use of electricity for light, heat, power, radio, signaling, or for any other purpose. (1958 Code, Sec. 11-3; 1978 Code, Sec. 6-52) Sec. 24.03.034 Scope (a) The provisions of this code shall apply to all installations of and work done on electrical conductors, fittings, devices, motors, controls, appliances, fixtures, electronic devices, signs and gaseous tubing, herein referred to as electrical equipment, within or on public and private buildings and premises, with exceptions as provided herein. (b) On all installations of electrical conductors or equipment hereafter made, and all existing installations which are altered, or for which the use has changed, all work shall be done in a manner that will conform with the requirements for a sufficient and safe electrical structure and system under this code. (c) Repair and maintenance work shall be such that, if any electrical conductor or equipment is removed and later replaced, same shall be replaced in accordance with the provisions of this code. (1958 Code, Sec. 11-4; 1978 Code, Sec. 6-53) Sec. 24.03.035 Applicability (a) Public utilities. The provisions of this code shall not apply to installations made or used by agencies in the generation, transmission or distribution of electricity, or for the operation of railways, signals, or transmission of intelligence when located within or on buildings, enclosures, or premises used exclusively by such agency or on public thoroughfares; provided, however, such agencies excepted are operating under a valid franchise agreement with the City. (b) Radio and television stations. The provisions of this code shall apply to electrical equipment used for supplying electrical power for radio transmission in amateur radio transmitting stations and shall apply to all electrical equipment used for power supply to radio transmitting equipment, but shall not apply to other electrical equipment used for radio or television transmission. (c) Signs and gaseous tubing. This code shall apply to all forms of electrical signs, gaseous tubing, and outline lighting conductors and equipment. All sign structures, attachments to buildings, and foundations shall be approved by the Building Official as set forth in sections covering the construction and erection of signs in the Building Code prior to inspection under this code. (1958 Code, secs. 11-5–11-7; 1978 Code, secs. 5-54–6-56) Sec. 24.03.036 Sale of electrical equipment (a) Prohibited sales. It shall be unlawful for any person within the City to sell, expose for sale, offer to sell, dispose of as a premium, offer for rent, or repair any appliance which has not been endorsed by the Underwriters' Laboratories, Inc., or other nationally recognized standards association, or without first obtaining approval from the Chief Electrical Inspector in absence of such evidence of safety approval. (b) Approval of Articles generally. The Chief Electrical Inspector shall approve for sale at retail such electrical equipment, material, conductors, apparatus, or appliances as are reasonably safe to persons and property. Conformity of such equipment and material with the standards of the Underwriters' Laboratories, Inc., shall be prima facie evidence that such equipment is reasonably safe to persons and property. (c) Passing upon Articles not on approved list. (1) Should any material or equipment be submitted for approval which is not listed as approved by the Underwriters' Laboratories, Inc., the Chief Electrical Inspector shall, within ten (10) days of the receipt of written request for special approval, approve, provisionally approve, or disapprove such electrical material or equipment. (2) Approval shall be based on reasonable safety to persons or property, and material and equipment shall be considered as adequate for approval if the standards of the Underwriters' Laboratories Inc., or provisions of this code are met. When material or equipment is approved by the Chief Electrical Inspector, such approval shall continue until the material or workmanship on the Article approved is changed. When the material or workmanship is changed, the Article shall be reexamined for approval. (3) When no applicable standard can be used to determine whether an Article is reasonably safe, the Chief Electrical Inspector may grant provisional approval and allow its sale until such time as it can be tested or determined whether the Article is safe to persons or property. (4) When an Article is disapproved by the Chief Electrical Inspector, the decision may be appealed for review by the Board of Appeals. (5) The Chief Electrical Inspector shall keep in his office a complete list of electrical equipment, material, appliances, and devices approved by Underwriters' Laboratories, Inc., provisionally approved, or disapproved for sale within the City. This list shall be available to the public during regular working hours. (1958 Code, secs. 11-70–11-72; 1978 Code, secs. 6-57–6-59) Secs. 24.03.037–24.03.070 Reserved Part II. Electricians Sec. 24.03.071 State license required A person or business may not perform or offer to perform electrical work unless the person or business holds an appropriate license issued by the State Department of Licensing and Regulation. (1958 Code, Sec. 11-41; 1978 Code, Sec. 6-80; Ordinance 07-017, Sec. 7, adopted 2/20/07) Sec. 24.03.072 Master electrician's office Every master electrician, if he qualifies as an electrical contractor, must have and maintain an established place of business and shall have a person in attendance to receive messages from the Electrical Inspector's Office of the City or other persons concerned during regular business hours. (1958 Code, Sec. 11-22; Ordinance 87-41, Sec. 4, adopted 5/26/87; 1978 Code, Sec. 6-91) Sec. 24.03.073 Supervision of work (a) In the actual work of installing, maintaining, altering, or repairing of any electrical conductors or equipment for which a permit is required by this code, there shall be present and in direct supervision a qualified electrician of the proper classification. It shall be required that a master or sign electrician, as the case may be, be liable and responsible for the layout and technical supervision of any work which has required the securing of permits and a journeyman electrician shall not supervise at the job site more than three (3) unclassified workers. Should it come to the notice of the Chief Electrical Inspector or his assistants that such supervision and control are not being maintained, the inspector may order the work to be discontinued and the person to whom the permit has been issued shall discontinue further work until proper supervision has been employed or supplied. (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. (1958 Code, secs. 11-45, 11-62; Ordinance 83-34, Sec. 7, adopted 4/5/83; 1978 Code, Sec. 6-92; Ordinance 10-057, Sec. 5, adopted 8/3/10) Secs. 24.03.074–24.03.100 Reserved Part III. Permits Sec. 24.03.101 Required; to whom issued; exemption (a) Permits shall be issued to electrical contractors qualified to secure permits, as set forth in this code, or to their duly authorized agent. Electrical contractors shall certify their duly authorized agent to the Chief Electrical Inspector in the form of an affidavit stating that such electrical contractor assumes all and full responsibility for any permit taken out or applied for by such agent. This certification shall be kept on file in the office of the Building Official. (b) Nothing in this code shall be construed to prevent a person from doing electrical work himself on his own residence which is owned and occupied by him as such, so long as he complies with all of the other provisions of this code. This exception shall be construed to mean an individual owner (not firm, co-partnership, or corporation) who actually does the labor himself. This individual owner shall be present at the time of any electrical inspection. (1958 Code, secs. 11-31, 11-32; Ordinance 79-62, Sec. 1, adopted 8/21/79; Ordinance 88-75, Sec. 4, adopted 8/16/88; 1978 Code, Sec. 6-100; Ordinance 07-017, Sec. 9, adopted 2/20/07) Sec. 24.03.102 Application; scope of permit requirements (a) Every person who shall install, cause to be installed, or permit to be installed any electrical wiring, fixtures, or equipment or shall make any alteration, addition, change, or repair within the scope of this code shall, within forty-eight (48) hours after the commencement of such work, make application for a permit therefor with the City Electrical Inspector. (b) There shall be one permit for each building for which rough work for electrical conductors or electrical equipment is installed. Accessory buildings, tourist cottages, or group houses shall not be considered separate buildings when the work is to be installed as one complete project and at one time, except where separate switches or meter loops are installed thereon. (c) Application for permits shall be made in writing upon forms provided by the Electrical Inspector's Office for that purpose. With such application there shall be filed a diagram or plan showing clearly the character and kind of wiring or installation of fixtures or equipment work to be done. The plan or diagram shall show the manner in which the electrical installation is to be made, or the character of any repairs to any existing electric installation. Such application shall include the following information: (1) Street and house number; (2) Name of the owner; (3) Kind of buildings; and (4) A list of electrical fixtures and appliances to be installed. (d) The diagram or plans, and application, shall be referred to the Chief Electrical Inspector, who shall have the authority to issue or refuse to issue a permit. (e) Plans for buildings of more than five thousand (5,000) square feet, based on exterior dimensions, or more than two (2) stories in height, shall bear the seal and signature of a professional electrical engineer licensed in the state. (1958 Code, secs. 11-28, 11-30; Ordinance 88-75, Sec. 5, adopted 8/16/88; 1978 Code, Sec. 6- 101) Sec. 24.03.103 Fees See Section 24.01.002, adoption of fee schedule, of this code. (1958 Code, Sec. 11-29; Ordinance 75-28, Sec. 1, adopted 4/15/75; Ordinance 83-40, Sec. 1, adopted 4/19/83; Ordinance 03-080, Sec. 4, adopted 10/14/03; 1978 Code, Sec. 6-102; Ordinance 10-057, Sec. 6, adopted 8/3/10; Ordinance 17-008, Sec. 21, adopted 2/7/17) Sec. 24.03.104 Expiration If electrical wiring or installation of fixtures or equipment work authorized under a permit is not started within sixty (60) days after issuance of such permit, or if the work is started and then discontinued and the work remains discontinued without justifiable cause for a period of sixty (60) days, the permit shall become void, and no work shall be done on the premises until a new permit is issued and all necessary fees paid. No refunds shall be made for permits that have become void. (1958 Code, Sec. 11-33; 1978 Code, Sec. 6-103) Sec. 24.03.105 Cancellation The Building Official shall have the right to declare a permit null and void if there has been misrepresentation of facts or any violation of the provisions of this code. (1958 Code, Sec. 11-34; 1978 Code, Sec. 6-104; Ordinance 10-057, Sec. 7, adopted 8/3/10) Secs. 24.03.106–24.03.130 Reserved Part IV. Standards and Specifications Sec. 24.03.131 Responsibility for safe work; liability of City for damages The electrical regulations of this code shall not be construed to relieve from or lessen the responsibility or liability of any person owning, operating or installing electrical conductors, devices, appliances, fixtures, apparatus, motors, or equipment, for damages to persons or buildings caused by any defect therein by reason of the inspection herein authorized or the certificate of approved inspection issued by the Electrical Inspector's Office as herein provided, nor shall the City be held liable for any damages by reason of the enforcement of this code. (1958 Code, Sec. 11-8; 1978 Code, Sec. 6-110) Sec. 24.03.132 Installation standards generally (a) All installations of electrical wiring and equipment shall be reasonably safe to persons and property and in conformity with the provisions of this code, the applicable statutes of the state, and any rules or regulations issued by authority thereof. (b) Due to the unusual climatic conditions prevailing in and about the City, certain exceptions to the wiring methods and materials, as set forth in the National Electrical Code herein adopted, shall be made as set forth in this division. (c) 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. (1958 Code, Sec. 11-35; Ordinance 75-28, Sec. 2, adopted 4/15/75; Ordinance 78-13, Sec. 1, adopted 2/7/78; Ordinance 81-18, Sec. 2, adopted 3/10/81; Ordinance 84-73, Sec. 1, adopted 6/12/84; Ordinance 90-6, Sec. 1, adopted 1/30/90; 1978 Code, Sec. 6-111; Ordinance 08-006, Sec. 1, adopted 1/8/08; Ordinance 10-057, Sec. 8, adopted 8/3/10) 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. (1958 Code, Sec. 11-36; 1978 Code, Sec. 6-112; Ordinance 17-008, Sec. 22, adopted 2/7/17) Sec. 24.03.134 Sign standards generally (a) All electrically illuminated or electrically powered outdoor and indoor signs and displays shall be reasonably safe to persons and property and in conformity with the provisions of this code. (b) Conformity of all types of electrical signs with applicable standards of the Underwriters' Laboratories, Inc., and the National Electrical Code shall be prima facie evidence that such installations are reasonably safe to persons and property; provided that the provisions of this Division shall prevail in case of conflicting provisions. (c) Conformity of construction, erection, foundation and means of support of all such signs with the City Building Code shall be approved by the City Building Official before permits for electrical inspection shall be issued under the authority of this code. (d) A permit for an electrical sign must be obtained from the housing Code Enforcement Division before any sign is installed. (1958 Code, Sec. 11-37; Ordinance 87-41, Sec. 6, adopted 5/26/87; 1978 Code, Sec. 6-113) Sec. 24.03.135 Utility company rules and regulations Rules and regulations of the company supplying electricity to the City regarding service and meter installations for the kind and character of service to be rendered, as passed and approved by the governing body of the City from time to time, in accordance with franchise provisions, are hereby referred to, incorporated herein, and made a part hereof. (1958 Code, Sec. 11-38; 1978 Code, Sec. 6-114) Sec. 24.03.136 Approved wiring methods, use thereof Wiring methods approved by the National Electrical Code shall be used with the exceptions listed below: (1) Any approved method may be used for temporary work. (2) In all buildings and on all properties, all commercial buildings, and all buildings used for commercial purposes, the following wiring methods are excluded from the approved methods, as listed in the National Electrical Code: Article 398–Open wiring on insulators Article 394–Concealed knob and tube work Article 394–Electrical non-metallic tubing Article 334–Non-metallic sheathed cable Article 338–Service entrance cable Article 340–Underground feeder and branch circuit cable (3) The following equipment shall be installed on individual circuits: (a) Attic fan and heating unit. (b) Dishwasher. (c) Disposal. (d) Washing machine. (e) Dryer. (f) Water heaters and space heaters. (g) Ranges, built-in ranges, tops and ovens. (h) Air conditioning equipment. (i) Other types of equipment that requires special circuits. (j) Built-in microwave ovens. (k) Refrigerators (4) Low voltage wiring. All low voltage wiring and devices shall be installed according to the requirements of the National Electrical Code. (5) The installation of A.C. or armored cable shall not be permitted in any place or places designed or intended for assembly occupancy purposes. (1958 Code, Sec. 11-65; Ordinance 79-62, Sec. 2, adopted 8/21/79; Ordinance 83-34, Sec. 8, adopted 4/5/83; Ordinance 87-41, Sec. 7, adopted 5/26/87; Ordinance 87-53, Sec. 1, adopted 7/7/87; Ordinance 91-11, Sec. 1, adopted 2/12/91; 1978 Code, Sec. 6-115; Ordinance 10-057, Sec. 9, adopted 8/3/10) Sec. 24.03.137 Residential wiring Service-entrance cable may be used on all one- and two-family residences where three (3) number six (6) copper conductors or larger are used. (1958 Code, Sec. 11-66; 1978 Code, Sec. 6-116; Ordinance 10-057, Sec. 10, adopted 8/3/10) Sec. 24.03.138 Branch circuit protection It shall be unlawful for any person to bridge, tamper with or change from its original installation, except upon the approval of the Chief Electrical Inspector, and then only after proper permit for alteration has been issued, any fuse of the plug, cartridge type, or link type, installed in panel boards, main switches or switchboards, or to alter or change circuit breakers so that the original calibration will be affected, or to tie down or secure any circuit breaker so that it will not function properly. Only eight (8) devices shall be installed on #14 wire and ten (10) devices on #12 wire. (1958 Code, Sec. 11-67(a); 1978 Code, Sec. 6-117; Ordinance 10-057, Sec. 11, adopted 8/3/10) Sec. 24.03.139 Service clearances Service clearances shall comply with the current requirements of “standard service practices” of the local utility company. Where these clearances are not covered by this standard, the National Electrical Code shall apply. (1958 Code, Sec. 11-68; Ordinance 87-41, Sec. 8, adopted 5/26/87; 1978 Code, Sec. 6-118) Sec. 24.03.140 Service disconnect There shall be a service disconnect on the exterior of all commercial buildings. (Ordinance 10- 057, Sec. 12, adopted 8/3/10) Sec. 24.03.141 Tenant spaces Each individual tenant space within a structure shall have an independent service. Two (2) services on an individual tenant space within a structure shall only be permitted with prior approval from the Building Official. (Ordinance 10-057, Sec. 13, adopted 8/3/10) Sec. 24.03.142 Extension cord Extension cords shall not be used in commercial buildings for powering of accessory appliances as defined by the Building Official. (1958 Code, Sec. 11-69; 1978 Code, Sec. 6-119; Ordinance 10-057, Sec. 14, adopted 8/3/10) Sec. 24.03.143 Temporary construction poles Temporary poles shall comply with the requirements of the local utility company's standard service practices. (Ordinance 76-90, Sec. 1, adopted 8/17/76; Ordinance 87-41, Sec. 9, adopted 5/26/87; 1978 Code, Sec. 6-119.1) Secs. 24.03.144–24.03.180 Reserved Part V. Inspections Sec. 24.03.181 Certificate of approval required before connecting It shall be unlawful for any person to make connections from a source of electrical energy to any electrical wiring, device, or equipment on an installation for which a permit is required, as set forth in this code, until a certificate of approval has been issued by the Electrical Inspector authorizing such connection and the use of such wiring, devices or equipment. (1958 Code, Sec. 11-55; 1978 Code, Sec. 6-120) Sec. 24.03.182 Unauthorized connection after disconnection (a) It shall be unlawful for any person to make connections from a source of electrical energy to any electrical wiring, device or equipment which has been disconnected by order of the Electrical Inspector, or the use of which has been prohibited for reasons herein set forth, until a certificate of approval has been issued by him authorizing the reconnection and use of such wiring, devices, or equipment. (b) Whenever the service wires are once disconnected in any commercial building in the City limits or any building in the inner fire limits, the service shall not again be connected until the same has been wired so as to conform to this code. (1958 Code, Sec. 11-63; 1978 Code, Sec. 6-121) Sec. 24.03.183 Rough work inspection; correcting faulty work; reinspection (a) Notice; time; signing inspection card. When the rough wiring or installation work is completed on any premises, the person responsible therefor shall notify the Electrical Inspector that the job is ready for inspection, giving proper identification of the work, address, and permit number. The Electrical Inspector shall then make an inspection of the electric installation within twenty-four (24) hours from the time of notification (excluding Sundays, City and legal holidays). If the wiring or installation work has been installed in accordance with the terms and provisions of this code, the City Electrical Inspector shall record approval in portal, noting there on the date of approval of the work. More than one rough inspection may be made without charge when the progress of construction requires such inspection. (b) Faulty work. If the electric wiring or installation of fixtures or equipment is found to be faulty, incorrectly or defectively installed, the Electrical Inspector shall notify the responsible person who installed such work of the changes necessary to be made in order that the work may conform to this code. (c) Rectification of faulty work. The electrical contractor shall, within forty-eight (48) hours from the time of notification, make or start to make the changes ordered and shall proceed with the work until the same is completed. Upon completion thereof and payment of the reinspection fee, he shall notify the Electrical Inspector to the effect that faulty work has been corrected. The latter shall then cause the reinspection to be made and, if such work is found to comply with this code, he shall record the approval in the portal noting there on the date of approval of the work. If the Electrical Inspector shall again find the work incorrectly installed, he shall notify the responsible electrical contractor of the necessary changes and shall collect an additional reinspection fee. If the responsible master electrician does not make the required changes within a reasonable time, the Electrical Inspector shall refuse to issue to any such person any further permits until such work in question is corrected and approved. (1958 Code, Sec. 11-56; Ordinance 87-41, Sec. 10, adopted 5/26/87; 1978 Code, Sec. 6-122) Sec. 24.03.184 Final inspection Upon the completion of all electrical wiring or installation of fixtures or equipment in any building or on any premises, the electrical contractor shall notify the Chief Electrical Inspector that the work is ready for final inspection, giving the electrical permit number and street address, and the Chief Electrical Inspector shall then cause inspection to be made within twenty-four (24) hours from the time of receipt of notification (excluding Sundays, City and legal holidays) and, if any faulty or defective wiring or equipment is found, the electrical contractor shall be notified of the changes to be made in order that such work shall conform to this code. If such work is found to be correctly installed, replaced, or repaired, the electrical certificate shall state that the wiring or installation work has been installed in accordance with the provisions of this code. For each final inspection requested after the first has been made, the final inspection fee shall be paid as provided. (1958 Code, Sec. 11-57; Ordinance 87-41, Sec. 11, adopted 5/26/87; 1978 Code, Sec. 6-123) Sec. 24.03.185 Leaving work open It shall be unlawful for any person to cover, or cause to be covered, any part of a wiring installation with flooring, lath, wallboard, or other material, until the Electrical Inspector shall have approved the wiring installation, in part or as a whole, except as herein set forth. (1958 Code, Sec. 11-58; 1978 Code, Sec. 6-124) Sec. 24.03.186 Removal of dead wires, etc. It shall be the duty of the Electrical Inspector to cause all abandoned dead wire, unused poles, or electrical apparatus on the outside of the buildings, or in streets, or alleys to be removed at the expense of the owners thereof, by giving the owners written notice. (1958 Code, Sec. 11-59; 1978 Code, Sec. 6-125) Sec. 24.03.187 Altering conductors or equipment; when interference with other work It shall be unlawful for any unauthorized person to, in any manner, change or alter electrical conductors or equipment in or on any building. If, in the course of the erection of a building or structure, electrical conductors or equipment have previously been installed in such position as to interfere with the erection or completion of the structure, notice shall be immediately given the authorized person using the electrical conductors or equipment, and he shall be required to accomplish this needed change in accordance with this code. (1958 Code, Sec. 11-60; 1978 Code, Sec. 6-126) Sec. 24.03.188 Periodic inspection; remedying defects The Chief Electrical Inspector shall inaugurate thorough periodic reinspection of installation of all electric wiring, electric devices and electric equipment now installed, or that may hereafter be installed, within the City, and within the scope of this code, and when the inspection of any such wiring, devices or equipment is found to be defective, dangerous or in an unsafe condition, the person owning, using or operating the same shall make the necessary repairs or changes required to place such wiring, devices or equipment in a safe condition within five (5) days or any longer period specified by the Chief Electrical Inspector in such notice. The Chief Electrical Inspector shall immediately order the disconnection or discontinuance of electrical service to such wiring, devices or equipment until same has been made safe, as directed. (1958 Code, Sec. 11-61; 1978 Code, Sec. 6-127) ARTICLE 24.04 UNSAFE SUBSTANDARD STRUCTURES* Division 1. Generally 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 2021 International Property Maintenance Code. (Ordinance 85-56, Sec. 1, adopted 5/14/85; Ordinance 91-53, Sec. 1, adopted 6/11/91; Ordinance 98-34, Sec. 1, adopted 5/12/98; Ordinance 05-019, Sec. 1, adopted 2/8/05; 1978 Code, Sec. 14-50; Ordinance 10-059, Sec. 2, adopted 8/3/10; Ordinance 17-008, Sec. 23, adopted 2/7/17) 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. (Ordinance 85-56, Sec. 1, adopted 5/14/85; 1978 Code, Sec. 14-51; Ordinance 10-059, Sec. 3, adopted 8/3/10; Ordinance 17-008, Sec. 24, adopted 2/7/17) 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 2021 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 2021 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 City 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 of subsection (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. (Ordinance 85-56, Sec. 1, adopted 5/14/85; Ordinance 91-53, Sec. 2, adopted 6/11/91; Ordinance 92-50, Sec. 1, adopted 6/30/92; Ordinance 94-15, Sec. 1, adopted 3/22/94; Ordinance 98-34, Sec. 2, adopted 5/12/98; Ordinance 05-019, Sec. 2, adopted 2/8/05; Ordinance 05-032, Sec. 1, adopted 3/22/05; 1978 Code, Sec. 14-52; Ordinance 10-059, Sec. 4, adopted 8/3/10; Ordinance adopting Code; Ordinance 17-008, Sec. 25, adopted 2/7/17) 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 2021 International Residential Code. (Ordinance 10-059, Sec. 5, adopted 8/3/10; Ordinance 17-008, Sec. 26, adopted 2/7/17) Sec. 24.04.005 Commercial unsafe substandard structures All commercial unsafe substandard structures shall be repaired or replaced to comply with the 2021 International Building Code and the 2021 International Existing Building Code as required for existing buildings. (Ordinance 10-059, Sec. 6, adopted 8/3/10; Ordinance 17-008, Sec. 27, adopted 2/7/17) Sec. 24.04.006 Abatement of structures constituting a clear and present danger to the Public Safety Notwithstanding all other provisions of this Article, nothing herein shall be deemed a limitation on the duty of the City to summarily order the demolition of any vacant structure where it is apparent that the immediate demolition of such structure is necessary for the preservation of life and property in the City. (Ordinance 85-56, Sec. 1, adopted 5/14/85; 1978 Code, Sec. 14-53; Ordinance 10-059, Sec. 7, adopted 8/3/10) Sec. 24.04.007 Enforcing officer powers and duties The Building Official or his 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 the department 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 the department shall engage in any work which is in conflict with their 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. (Ordinance 85-56, Sec. 1, adopted 5/14/85; Ordinance 98-34, Sec. 3, adopted 5/12/98; Ordinance 05-019, Sec. 2, adopted 2/8/05; 1978 Code, Sec. 14-54; Ordinance 10-059, Sec. 8, adopted 8/3/10; Ordinance 17-008, Sec. 28, adopted 2/7/17) Sec. 24.04.008 Assistance by other departments The enforcement officer is to seek the assistance of the Fire Department, the Health Department, and the Police Department in order to effectively enforce the terms of this Article, and said departments are to assist the enforcing officer in any way possible in said enforcement. (Ordinance 85-56, Sec. 1, adopted 5/14/85; Ordinance 05-019, Sec. 2, adopted 2/8/05; 1978 Code, Sec. 14-55; Ordinance 10-059, Sec. 9, adopted 8/3/10) Sec. 24.04.009 No utilities to vacant dwellings No water, gas, electricity, or sewer services shall be provided to any dwelling unit or rooming unit found to be an unsafe substandard structure which is or becomes vacant until such dwelling unit or rooming unit has been brought into compliance with the provisions of this Article. (Ordinance 85-56, Sec. 1, adopted 5/14/85; 1978 Code, Sec. 14-56; Ordinance 10-059, Sec. 10, adopted 8/3/10) 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 (10) 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 (30) 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 2021 International Property Maintenance Code Appendix A. (Ordinance 94-15, Sec. 2, adopted 3/22/94; 1978 Code, Sec. 14-58; Ordinance 10-059, Sec. 12, adopted 8/3/10; Ordinance 17-008, Sec. 29, adopted 2/7/17) Secs. 24.04.011–24.04.040 Reserved Division 2. Rehabilitation Agency Sec. 24.04.041 Definitions The following words and terms, when used in this Division, shall, for the purpose of this Division, have the following meanings: Deferred loans. The monies provided for rehabilitation of owner-occupied dwelling units to be forgiven at a rate of 1/60th of the total loan per month for a period of five (5) years. Dwelling unit. A house, apartment, room or group of rooms occupied or intended for occupancy as separate living quarters. Rehabilitation, residential. The restoration of deteriorated structures to standard housing codes as established by law, including repair, renovation, conversion, or remodeling of any structure with energy conservation material and/or devices. (Ordinance 79-4, Sec. 1, adopted 1/16/79; Ordinance 79-97, Sec. 1, adopted 12/18/79; Ordinance 83-132, Sec. 1, adopted 10/11/83; Ordinance 92-16, Sec. 1, adopted 2/11/92; 1978 Code, Sec. 14- 71) Sec. 24.04.042 Rehabilitation deferred loans Housing services shall make deferred loans to qualified persons for the rehabilitation of dwelling units. Deferred loans shall also be made for investor-owned residential property. (Ordinance 79-4, Sec. 2, adopted 1/16/79; Ordinance 92-16, Sec. 1, adopted 2/11/92; 1978 Code, Sec. 14-73) Sec. 24.04.043 Creation of fund There is hereby created a rehabilitation deferred loan fund, to be funded with Department of Housing and Urban Development funds, to make deferred loans to owners of dwelling units in project areas who are unable to secure or qualify for funds from conventional sources for the purpose of refinancing or rehabilitating such property to standard housing code requirements. (Ordinance 79-4, Sec. 4, adopted 1/16/79; Ordinance 83-132, Sec. 1, adopted 10/11/83; Ordinance 92-16, Sec. 1, adopted 2/11/92; 1978 Code, Sec. 14-74) Sec. 24.04.044 Promissory note, lien as evidence and security of loan Rehabilitation deferred loans shall be evidenced by a promissory note in favor of the City and either a mechanic's and materialmen's lien or by a properly executed real estate lien note and deed of trust for a period of time not to exceed a period of five (5) years. Deferred loans shall be forgiven at the rate of 1/60th of the total loan per month for a period of five (5) years at which time the lien shall be released. If property is sold prior to the five (5) years the owner shall reimburse the program the remaining payments based on the sixty (60) months' amortizations. The obligation to reimburse the loan funds should the property be sold prior to five (5) years after the commencement of the loan shall remain an obligation of the heirs of a deceased deferred loan holder. (Ordinance 79-4, Sec. 10, adopted 1/16/79; Ordinance 83-132, Sec. 1, adopted 10/11/83; Ordinance 92-16, Sec. 1, adopted 2/11/92; 1978 Code, Sec. 14-80) Sec. 24.04.045 Loan delinquency The City shall have the authority to collect delinquent loans through any reasonable means permitted by law, including foreclosure and sale, upon the direction of the City Manager. (Ordinance 79-4, Sec. 11, adopted 1/16/79; Ordinance 92-16, Sec. 1, adopted 2/11/92; 1978 Code, Sec. 14-81) Sec. 24.04.046 Reasonable accommodation It is the policy and practice of the City 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 is incorporated herein by reference to be used in conjunction with the purposes of this code. (Ordinance 17-008, Sec. 30, adopted 2/7/17) ARTICLE 24.05 FLOOD DAMAGE PREVENTION* Division 1. Generally Sec. 24.05.001 Statutory authorization The state legislature has, in Sections 16.3145, 16.315 of the Texas Water Code, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the City council does ordain as follows. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-25) Sec. 24.05.002 Findings of fact (a) The flood hazard areas of the City are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-26) Sec. 24.05.003 Statement of purpose (a) It is the purpose of this Article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; and (7) Ensure that potential buyers are notified that property is in a flood area. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-27) Sec. 24.05.004 Methods of reducing flood losses In order to accomplish its purposes, this Article uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters; and, (4) Control filling, grading, dredging, and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-28) Sec. 24.05.005 Definitions Unless specifically defined below, words or phrases used in this Article shall be interpreted to give them the meaning they have in common usage and to give this Article its most reasonable application. Alluvial fan flooding. Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. Apex. A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. Appeal. A request for a review of the floodplain administrator's interpretation of any provisions of this Article or a request for a variance as defined in this Section. Area of shallow flooding. A designated AO, AH, or VO zone on a community's flood insurance rate map (FIRM) with a one (1) percent chance or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of special flood hazard. The land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed rate-making has been completed in preparation for publication of the FIRM, zone A usually is refined into zone A, AE, AH, AO, A1- 99, VO, V1-30, VE, or V. Base flood. The flood having a one (1) percent chance of being equaled or exceeded in any given year. Basement. Any area of the building having its floor subgrade (below ground level) on all sides. Board of adjustment. The City Zoning Board of Adjustment. Critical feature. An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. Development. Any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Elevated building. A non-basement building: (1) Built, in the case of a building in zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in zone V1-30, VE, or V, to have the bottom of the lowest horizontal structural member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water; and (2) Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, “elevated building” also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of zone V1-30, VE, or V, “elevated building” also includes a building otherwise meeting the definition of “elevated building,” even though the lower area is enclosed by means of breakaway walls, if the breakaway walls met the standards of Section 60.3(e)(5) of the National Flood Insurance Program regulations. Existing construction. For the purposes of determining rates, structures for which the “start of construction” commenced before the effective date of the FIRM, or before January 1, 1975, for FIRMs effective before that date. “Existing construction” may also be referred to as “existing structures.” Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; or (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood insurance rate map (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood insurance study. The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, and the water surface elevation of the base flood, as well as the flood boundary-floodway map. Floodplain or flood prone area. Any land area susceptible to being inundated by water from any source (see definition of flooding). Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. Floodplain management regulations. Zoning ordinances, subdivision regulations, Building Codes, health regulations, special purpose ordinances (such as a Floodplain ordinance, Grading ordinance, and Erosion Control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Flood protection system. Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a “special flood hazard” and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees, or dikes. These specialized flood-modifying works are those constructed in conformance with sound engineering standards. Floodway (regulatory floodway). The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities. Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic structure. Any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (A) By an approved state program as determined by the Secretary of the Interior; or (B) Directly by the Secretary of the Interior in states without approved programs. Levee. A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. Levee system. A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood insurance Program regulations. Manufactured home. A structure transportable in one (1) or more Sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term “manufactured home” does not include a “recreational vehicle.” Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Mean sea level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced. New construction. For the purpose of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. Recreational vehicle. A vehicle which is: (1) Built on a single chassis; (2) Four hundred (400) square feet or less when measured at the largest horizontal projections; (3) Designed to be self-propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Start of construction. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure. A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before “start of construction” of the improvement. This includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary conditions; or (2) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure's continued designation as a “historic structure.” Variance. A grant of relief to a person from the requirements of this Article when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this Article. (For full requirements see 44 CFR Section 60.6 of the National Flood Insurance Program regulations.) Violation. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. Water surface elevation. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-29; Ordinance 07-017, Sec. 4, adopted 2/20/07) Sec. 24.05.006 Lands to which this Article applies This Article shall apply to all areas of special flood hazard within the jurisdiction of the City. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-30) Sec. 24.05.007 Basis for establishing the areas of special flood hazard The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled “The Flood Insurance Study for the City of Beaumont,” dated August 6, 2002, with accompanying flood insurance rate maps and flood boundary-floodway maps (FIRM and FBFM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this Article. (Ordinance 02-050, secs. 1, 2, adopted 7-9-02; 1978 Code, Sec. 6-31) Sec. 24.05.008 Establishment of development permit A development permit shall be required to ensure conformance with the provisions of this Article. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-32) Sec. 24.05.009 Compliance No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this Article and other applicable regulations. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-33) Sec. 24.05.010 Abrogation and greater restrictions This Article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-34) Sec. 24.05.011 Interpretation In the interpretation and application of this Article, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-35) Sec. 24.05.012 Warning and disclaimer of liability The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This Article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Article shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this Article or any administrative decision lawfully made thereunder. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-36) Secs. 24.05.013–24.05.040 Reserved Division 2. Administration Sec. 24.05.041 Designation of the floodplain administrator The Planning Manager, or his appointee, is hereby appointed the floodplain administrator to administer and implement the provisions of this Article and other appropriate Sections of 44 CFR (National Flood Insurance Program regulations) pertaining to floodplain management. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-37) 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 A1-30 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 (1) 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 A1-30, 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. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-38; Ordinance 17-008, Sec. 31, adopted 2/7/17) 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 them 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) 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. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-39; Ordinance 17-008, Sec. 32, adopted 2/7/17) 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 a court 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. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-40; Ordinance 17-008, Sec. 33, adopted 2/7/17) Secs. 24.05.045–24.05.070 Reserved Division 3. Provisions for Flood Hazard Reduction Sec. 24.05.071 General standards In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located a minimum of one (1) foot six (6) inches above the base flood elevation, so as to prevent water from entering or accumulating within the components during conditions of flooding. Tanks shall be vented a minimum of one (1) foot six (6) inches above the base flood elevation; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and (7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-41) 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(a)(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 A1-30, 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 A1-30, 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 A1- 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. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-42; Ordinance 17-008, Sec. 34, adopted 2/7/17) 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. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-43; Ordinance 17-008, Sec. 35, adopted 2/7/17) 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 Athat 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. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-44; Ordinance 17-008, Sec. 36, adopted 2/7/17) 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. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-45; Ordinance 17-008, Sec. 37, adopted 2/7/17) Sec. 24.05.076 Penalties for noncompliance No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this Article and other applicable regulations. Violation of the provisions of this Article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this Article or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.00) for each violation, and in addition shall pay all costs and expenses involved in the case. Each day any violation of this Article shall continue shall constitute a separate offense. Nothing herein shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-46) Sec. 24.05.077 Conflict of laws Within a flood hazard area, the provisions of this Article shall take precedence over any conflicting municipal laws, ordinances, or codes. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-47) Sec. 24.05.078 Reasonable accommodation It is the policy and practice of the City 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 is incorporated herein by reference to be used in conjunction with the purposes of this code. (Ordinance 17-008, Sec. 38, adopted 2/7/17) ARTICLE 24.06 MOBILE HOMES, MANUFACTURED HOMES AND RECREATIONAL VEHICLES Division 1. Generally 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 “B”. 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. (1958 Code, Sec. 38-1; 1978 Code, Sec. 27-1; Ordinance 06-070, Sec. 1, adopted 10/24/06; Ordinance 17-008, Sec. 39, adopted 2/7/17) Sec. 24.06.002 Enforcing officer It shall be the duty of the Building Official, or his designated representative, to make inspections to determine the existence of violations of this Article. A complete report of any violation discovered shall be made to the City Manager for further handling. (1958 Code, Sec. 38-9; 1978 Code, Sec. 27-2) 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 of Ordinances, 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. (1958 Code, Sec. 38- 10; 1978 Code, Sec. 27-3; Ordinance 17-008, Sec. 40, adopted 2/7/17) Sec. 24.06.004 Parking inside and outside a trailer park (a) Parking on public streets. It shall be unlawful for any person to park any trailer coach on any street, highway, alley, sidewalk or other public place in the City for a longer period than three (3) hours. (b) Parking in trailer parks. No trailer coach shall be parked for use or occupancy on any tract of ground within the City except in a duly authorized trailer park “A” or “B;” provided, however, that: (1) The Building Inspector may permit the parking, use and occupancy of a trailer coach outside of a duly authorized trailer park for a period of time not exceeding ten (10) days, when such coach is occupied by persons employed in the operation of a temporary recreational, amusement or civic activity. Such temporary parking, use and occupancy of a trailer coach shall be permitted only when the trailer coach is parked on the same premises on which the activity is located and only when adequate sanitary facilities are available upon the premises for the use of the occupants of the trailer coach; (2) A permit shall be required for all trailer coaches now parked outside trailer parks which were so parked prior to December 31, 1961; the annual permit renewal fee shall be a minimum of fifteen dollars ($15.00) for each trailer coach and shall be paid to the Building Official, and such fee shall be for the calendar year ending the thirty-first day (31) of December of each year. Said authorization shall terminate and become void and of no effect upon failure of the trailer coach occupant to pay the fee hereinabove provided for prior to its expiration or upon damage to such trailer coach by fire, explosion or any act of God to the extent of twenty-five (25) percent of the market value of such trailer coach or upon the moving of such trailer coach off of the tract of ground upon which it was located on or before December 31, 1961. The authorization herein provided for is not transferable, and, in the event the present occupant moves from the trailer coach, the authorization shall terminate and no authorization shall be permitted in the trailer coach for a new occupant; once an authorization terminates and becomes void, the Building Official shall not authorize the same trailer coach to be occupied unless it is in a duly authorized trailer park. (c) Exception for temporary construction office. Mobile homes/trailer coaches may be used as on-site temporary construction offices. (d) Exception for night watchman facilities. Mobile homes/trailer coaches may be used as night watchman facilities; provided, however, that mobile homes/trailer coaches may not be used as a place of residence by any person, including the night watchman, and that all zoning regulations must be satisfied. (1958 Code, Sec. 38-2; Ordinance 82-64, Sec. 1, adopted 6/22/82; 1978 Code, Sec. 27-4) Sec. 24.06.005 Minimum standards for type “A” trailer park Any trailer park type “A” hereafter established, constructed, or erected, and in the case of existing trailer parks that portion extended, altered, expanded and/or improved, shall conform to and comply with the following minimum standards: (1) Park area. Each trailer park shall provide a minimum of three (3) acres in area but in no case shall there be less than fifteen (15) trailer coach lots. (2) Density. Each trailer park shall not exceed a maximum density of fifteen (15) trailer coach lots per acre as determined by the total area bounded by the trailer park property lines. (3) Private streets. Private streets shall be provided and shall extend continuously from the public street right-of-way so as to provide suitable access to all trailer coach lots and other facilities or uses permitted in the trailer park as well as provide adequate connection to future streets at the boundaries of the trailer coach property line. Private streets shall meet the following standards: (A) Minimum pavement widths shall be as follows: (i) Class 1 private streets which provide direct access to five (5) or more trailer coach lots: Twenty (20) feet. (ii) Class 2 private streets which provide direct access to less than five (5) trailer coach lots: Fourteen (14) feet. (B) Private street intersections shall generally be at right angles; offsets at intersections of less than one hundred twenty-five (125) feet (centerline to centerline) should be avoided; intersection of more than two (2) streets at one point shall be avoided. (C) Dead-end private streets shall be limited to a maximum length of one thousand (1,000) feet and shall be provided with a vehicular turning space, with a turning circle of eighty (80) feet in diameter. (D) All private streets shall be provided with a smooth, hard and dense surface which shall be durable and well drained under normal use and weather conditions. (E) Private streets which may connect two (2) public street rights-of-way shall by the use or curves, offsets, location and/or the use of two (2) or more streets be located so as to discourage through traffic. (4) Trailer coach lots. Each and every trailer coach lot shall conform to the following standards: (A) Be served with sanitary sewer, water, electrical power, telephone service and natural gas. (B) Provide an average minimum width of thirty (30) feet and an average minimum depth of seventy-five (75) feet. (C) Abut and/or have access to a private street for a minimum distance of twelve (12) feet. (D) Provide a minimum area of two thousand two hundred fifty (2,250) square feet, said area to be determined by the lot lines. (E) Provide a trailer coach stand which shall provide an adequate foundation for the placement and tie-down of one single-family trailer coach, thereby securing the superstructure against uplift, sliding, rotation and overturning. Said trailer coach stand shall be: (i) Impervious to plant material such as weeds, grass and shrubs. (ii) Provided with anchors and tie-downs such as cast-in-place concrete “dead men,” eyelets imbedded in concrete foundations or runways, screw augers, arrowhead anchors, or other devices which secure the stability of the trailer coach, and shall be placed at least at each corner of the trailer coach stand. (iii) Twelve (12) feet in width and sixty (60) feet in length. (iv) Located not closer than three (3) feet from the trailer coach lot line; be located at least ten (10) feet from any Class 1 private street and five (5) feet from any Class 2 private street, and be a minimum of five (5) feet from the rear trailer coach lot line (the end of the trailer coach stand opposite the end adjacent to the private street). (F) Setbacks for supplementary structures. No physical structure, dump-master container, carport, cabana, awning, fence or storage locker shall be permitted within ten (10) feet of a Class 1 private street and five (5) feet from any Class 2 private street; provided further, the setbacks from the sides and rear shall be three (3) feet, save and except a fence, from any trailer coach lot line not adjacent to the private street. (G) Provide a minimum of one off-street parking space. (H) Double frontage of trailer coach lots should be avoided. (I) No vehicular access to a trailer coach lot is permitted from a public dedicated street. (5) Usable open space. Usable open space shall be provided so as to conform to the following standards: (A) Conveniently situated and containing a minimum of two thousand two hundred fifty (2,250) square feet for the first fifteen (15) trailer coach lots or three (3) acres in the trailer park; for each additional trailer coach lot over fifteen (15), twenty-five (25) additional square feet is required. (B) Such open space may be in one or more areas but shall be of such size and shape as to afford reasonable use by the occupants. (C) No portion of such required usable open space shall be used for off-street parking, vehicular drive loading areas or accessory uses, save and except recreational uses such as swimming pools and tennis courts. (6) Off-street parking. Off-street parking shall be provided at a rate of one and one-half (1-1/2) spaces for each trailer coach lot. Off-street parking spaces not located on the trailer coach lot shall be located on or within the trailer park and be easily accessible to the occupants and visitors; said spaces shall: (A) Have a permanent all-weather surface; (B) Have dimensions of not less than eight (8) feet six (6) inches by eighteen (18) feet; (C) Be accessible to an all-weather surfaced private street; (D) Be appropriately defined and marked; (E) Be so located and regulated that no parking, or maneuvering incidental to parking, shall be on any public street or walk; (F) Provide adequate barriers to keep any parked vehicle from extending into or overhanging any public dedicated street or private street; (G) Be so designed that any vehicle may be parked and unparked without requiring the moving of any other vehicle. (7) Setbacks. (A) All trailer coach stands and attached trailer coaches shall be located as follows: (i) A minimum of twenty-five (25) feet from any trailer park property boundary line abutting upon a public dedicated street or residentially used or zoned R-1A, R-1, and R-2 property, as set out in Chapter 28 of this Code of Ordinances. (ii) A minimum of five (5) feet from any trailer park property boundary line, not abutting upon a public dedicated street, when the abutting property is used or zoned as industrial or commercial property, providing further that a six (6) foot solid permanent screening fence or wall shall be constructed along said trailer coach property boundary line. (B) All accessory uses shall be located a minimum of ten (10) feet from any trailer coach lot line. (8) Drainage. The ground surface in all parts of every trailer park shall be graded and equipped to drain all surface water in a safe, efficient manner so as not to permit water to stand or become stagnant. (9) Lighting. The private streets, parking lots, walks and service areas shall be kept properly and adequately lighted at all times so the trailer park shall be safe for occupants and visitors; provided further all entrances and exits shall be lighted. (10) Refuse disposal. Facilities shall be provided for the storage, collection and disposal of refuse of the occupants of the trailer park. A refuse pickup easement shall be granted by the owner of the trailer park to the City if these facilities are located so as to require the entrance of a municipal vehicle into the trailer park. (1958 Code, Sec. 38-5; 1978 Code, Sec. 27-8) Sec. 24.06.006 Minimum standards for type “B” trailer park A trailer park, type “B,” hereafter established, constructed, erected, extended, altered, expanded and/or improved shall conform with the following minimum standards: (1) Park area. Each trailer park “B” shall provide a minimum of three (3) acres in area. (2) Layout of streets and blocks. Within a trailer park “B” no block shall be longer than one thousand three hundred twenty (1,320) feet in length and streets shall be laid out to provide a minimum distance of two hundred fifty (250) feet, center of street to center of street, between intersections. (3) Trailer coach lot standards. Each and every trailer coach lot shall conform to the following standards: (A) Be served with sanitary sewer, water, electrical power, telephone service, and natural gas. (B) Provide for the placement of one single-family trailer coach with all garages, carports, enclosed rooms and porches being subordinate to this primary use. (C) No average dimension (width or depth) shall be less than fifty (50) feet. (D) Abut and/or have access to a public dedicated street for a minimum distance of twenty (20) feet. (E) Provide a minimum area of five thousand (5,000) square feet determined by the lot lines. (F) Prior to occupancy of any trailer coach lot, it must be provided with a trailer coach stand which shall provide an adequate foundation for the placement and tie-down of one single-family trailer coach, thereby securing the superstructure against uplift, sliding, rotation, and overturning. Said trailer coach stand shall be: (i) Impervious to plant material such as weeds, grass, and shrubs. (ii) Provided with anchors and tie-downs such as cast-in-place concrete “dead men,” eyelets imbedded in concrete foundations or runways, screw augers, arrowhead anchors or other devices which secure the stability of the trailer coach, and shall be placed at least at each corner of the trailer coach stand. (iii) A minimum of twelve (12) feet in width and sixty (60) feet in length or the size of the trailer coach to be placed on the lot. (G) Provide a minimum of one off-street parking space. (H) Double frontage of trailer coach lots should be avoided. (I) No vehicular or pedestrian access to a trailer coach lot is permitted from a public dedicated street not completely contained or located within the tract of land authorized as a trailer park; provided further no access to a trailer coach lot is permitted except when the lot directly across the public street is located in the trailer park and designated as and complying with the standards for a trailer coach lot as herein provided. (J) Be officially recorded in a subdivision plat. (4) Off-street parking. Off-street parking shall be provided at a minimum rate of one space for each trailer coach lot. (5) Setbacks. All trailer coach stands and attached trailer coaches and all other structures shall be located as follows: (A) A minimum of twenty-five (25) feet from any trailer park property or boundary line adjacent to a public dedicated street not providing access to the trailer coach lot; fences are excluded; (B) A minimum of twenty (20) feet from the front lot line; (C) A minimum of ten (10) feet from the rear lot line; (D) A minimum of five (5) feet from the side lot line. (6) Screening. A six (6) foot permanent screening fence or wall shall be constructed along the boundary lines of the trailer park except where a public dedicated street provides access to the trailer park. (1958 Code, Sec. 38-6; Ordinance 81-24, Secs. 1, 2, adopted 4/14/81; 1978 Code, Sec. 27-9) Sec. 24.06.007 Uses permitted in type “A” or “B” trailer parks Upon issuance of a trailer park permit, type “A” or “B,” by the City Council, no use except the following shall be permitted in any trailer park, type “A” or “B”: (1) Single-family trailer coaches. (2) Accessory uses providing service to the occupants of the trailer park; such uses may include recreational facilities, central or community garages, storage buildings and washaterias. (3) Supplementary structures. (1958 Code, Sec. 38-7; 1978 Code, Sec. 27-10) Sec. 24.06.008 Minimum standards for type “C” recreational vehicle park Any recreational vehicle park hereafter established, constructed, or erected, and in the case of existing recreational vehicle parks that portion extended, altered, expanded and/or improved, shall conform to and comply with the following minimum standards: (1) Park area. Each recreational vehicle park shall provide a minimum of three (3) acres in area but in no case shall there be less than fifteen (15) recreational vehicle lots. The perimeter of every recreational vehicle park shall be surrounded by an eight (8) foot tall solid permanent screening fence or wall. (2) Private streets. Private streets shall be provided and shall extend continuously from the public street right-of-way so as to provide suitable access to all recreational vehicle sites and other facilities or uses permitted in the recreational vehicle park. Private streets shall meet the following standards: (A) Minimum pavement widths shall be as follows: (i) One-way streets: Fourteen (14) feet. (ii) Two-way streets: Twenty (20) feet. (B) Private street intersections shall generally be at right angles; offsets at intersections of less than one hundred twenty-five (125) feet (centerline to centerline) should be avoided; intersection of more than two (2) streets at one point shall be avoided. (C) Dead-end private streets shall be limited to a maximum length of one thousand (1,000) feet and shall be provided with a vehicular turning space with a turning circle of eighty (80) feet in diameter. (D) All private streets shall be constructed of a minimum of asphalt and shall be well drained under normal use and weather conditions. (E) Private streets which may connect two (2) public street rights-of-way shall by the use of curves, offsets, location and/or the use of two (2) or more streets be located so as to discourage through traffic. (3) Recreational vehicle lots. Each and every recreational vehicle lot shall conform to the following standards: (A) Provide a minimum width of twenty (20) feet and a minimum depth of forty (40) feet. (B) Provide a recreational vehicle pad site which will provide a hard surface for the placement of one recreational vehicle. Minimum pad size shall be eleven (11) feet in width and thirty-five (35) feet in depth. Pads shall be impervious to plant material. (C) Setbacks. (i) Back-in lots: Pads shall be located a minimum of three (3) feet from the recreational vehicle side lot line and a minimum of five (5) feet from the recreational vehicle rear lot line (ii) Pull-through lots: Pads shall be located a minimum of three (3) feet from the recreational vehicle side lot line. (iii) All recreational vehicle pad sites shall be located a minimum of ten (10) feet from any recreational vehicle park property line. (D) Provide sewer, water and a minimum of 30-amp electrical hookups. One-half (1/2) of the lots shall be provided 50-amp electrical hookups. (E) Abut and/or have access to a private street for a minimum distance of fifteen (15) feet. (F) Frontage on two private streets shall be permitted to allow for pull-throughs. (G) Provide a minimum of one off-street parking space for each recreational vehicle site. One (1) common guest space shall be provided for every three (3) RV sites. All parking spaces shall have a permanent all-weather surface and shall conform to the City off-street parking and driveway standards. (H) No vehicular access to a recreational vehicle lot is permitted from a public dedicated street. (4) Common park facilities. Common park facilities shall be provided so as to conform to the following standards: (A) Usable open space. Usable open space shall be provided so as to conform to the following standards: (i) Conveniently situated and containing a minimum of one thousand (1,000) square feet for the first fifteen (15) recreational vehicle lots or three (3) acres in the recreational vehicle park; for each additional recreational vehicle lot over fifteen (15), twenty (20) additional square feet is required. (ii) Such open space may be in one or more areas but shall be of such size and shape as to afford reasonable use by the occupants. (iii) No portion of such required usable open space shall be used for off-street parking, vehicular drive loading areas or accessory uses, save and except recreational uses such as swimming pools and tennis courts. (B) Office. A minimum of three hundred (300) square feet of office space shall be provided to provide for the check-in/check-out of park patrons. (C) Restrooms and showers. A minimum of two (2) men's and two (2) women's or four (4) unisex restrooms and showers shall be provided. (Ordinance 06-070, Sec. 2, adopted 10/24/06; Ordinance adopting Code; Ordinance 16-056 adopted 10/25/16) Sec. 24.06.009 Reasonable accommodation It is the policy and practice of the City 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 is incorporated herein by reference to be used in conjunction with the purposes of this code. (Ordinance 17-008, Sec. 44, adopted 2/7/17) Secs. 24.06.010–24.06.040 Reserved Division 2. Permit 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. (1958 Code, Sec. 38-4; 1978 Code, Sec. 27-7; Ordinance 17-008, Sec. 41, adopted 2/7/17) 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. (1958 Code, Sec. 38-3; 1978 Code, Sec. 27-5; Ordinance 17-008, Sec. 42, adopted 2/7/17) 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 of Ordinances 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. (1958 Code, Sec. 38-8; 1978 Code, Sec. 27-6; Ordinance 17-008, Sec. 43, adopted 2/7/17) ARTICLE 24.07 BUILDING NUMBERING Sec. 24.07.001 Prohibiting unmarked or incorrect number (a) It shall be unlawful for any person who owns a residence, business, house, or other building in this City, or for any person who resides in a residence in this City, to fail to number such building with a plain and visible house number, or to fail to number such building correctly, so that the number of the same conforms to the plan adopted by the City. (b) Proof of a culpable mental state, as defined in Chapter 6 of the Texas Penal Code, is not required to prove a violation of this Section. (1958 Code, Sec. 33-39; Ordinance 92-42, Sec. 1, adopted 5/5/92; 1978 Code, Sec. 23-2) 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). (1958 Code, Sec. 33-40; Ordinance 92-42, Sec. 1, adopted 5/5/92; 1978 Code, Sec. 23-3; Ordinance 17-008, Sec. 45, adopted 2/7/17) ARTICLE 24.08 RESIDENTIAL CONSTRUCTION IN HIGH WIND REGIONS Sec. 24.08.001 Adoption The 2020 edition ICC 600 Standard for Residential Construction in High Wind Regions is hereby adopted and declared operative in the City. A copy of such code is on file in the office of the City Clerk. (Ordinance 17-008, Sec. 46, adopted 2/7/17) Section 2. That if any Section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2024. _______________________________ - Mayor Roy West - CHAPTER 24 BUILDING REGULATIONS ARTICLE 24.01 GENERAL PROVISIONS Sec. 24.01.001 Contractor's bond requirements (a) No person or corporation acting as a contractor may perform construction work without first having obtained a bond from the city. Nothing in this code shall be construed to require a person to obtain a bond or license to do any work himself on his own residence which is owned and occupied as his homestead. This individual shall be present for all inspections by the city. (b) The contractors bond requirements shall be as follows: (1) The bond shall cover all erecting, construction, enlarging, repairing, moving, improving, converting or demolishing of building and structures for the period of one (1) year from the date of approval and filing thereof and shall cover all work performed under said bond for a period of not less than two (2) years from the date of final building inspection. (2) Building contractor's bond: $25,000.00. (3) Roofing contractor's bond: $15,000.00. (4) Driveway and sidewalk contractor's bond: $5,000.00. (Ordinance 97-5, Sec. 1, adopted 2/4/97; Ordinance 97-66, Sec. 2, adopted 12/16/97; 1978 Code, Sec. 6-4; Ordinance 07-017, Sec. 2, adopted 2/20/07; Ordinance 10-057, Sec. 1, adopted 8/3/10) Sec. 24.01.002 Fee schedule (See New Documents) 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 Reinspection fee $25.00 Overtime inspections (minimum 4 hours 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 $0.35/sq. ft. Building permit fee - Residential additions and remodeling construction $0.18/sq. ft. Building permit fee - Residential - doors and windows $1.50 each Building permit fee - Sheetrock $1.00/sheet (32 sq. ft.) Building permit fee - Residential - siding $0.50/linear foot Building permit fee - Residential - roofing $0.05/sq. ft. Swimming pools - Residential $200.00 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 sq. ft. $2.00 Driveways Residential $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 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 - Commercial First $1,000 $35.00 Each additional $1,000.00 $3.20 Mechanical Permit - Residential First ton $35.00 Each additional ton $5.00 (Ordinance 10-057, Sec. 31, adopted 8/3/10; Ordinance 17-008, Sec. 1, adopted 2/7/17; Ordinance 19-036 adopted 6/18/19) ARTICLE 24.02 TECHNICAL AND CONSTRUCTION CODES AND STANDARDS Division 1. Generally Sec. 24.02.001 Reasonable accommodation It is the policy and practice of the city 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 to eliminate barriers to housing opportunities for persons with disabilities. The policy as adopted by Resolution No. 16-146 of the city is incorporated herein by reference to be used in conjunction with the purposes of this code. (Ordinance 17-008, Sec. 2, adopted 2/7/17) Secs. 24.02.002–24.02.050 Reserved Division 2. Building Code* 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 2021 edition thereof, including appendices A, 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. (Ordinance 75-16, Sec. 1, adopted 3/4/75; Ordinance 78-46, Sec. 1, adopted 4/11/78; Ordinance 82-103, Sec. 1, adopted 8/31/82; Ordinance 87-52, Sec. 1, adopted 7/7/87; Ordinance 89-62, Sec. 1, adopted 8/22/89; Ordinance 96-57, Sec. 2, adopted 10/15/96; Ordinance 98-67, Sec. 1, adopted 11/3/98; Ordinance 99-87, Sec. 1, adopted 10/26/99; Ordinance 03-080, Sec. 2, adopted 10/14/03; 1978 Code, Sec. 6-20; Ordinance 10-057, Sec. 2, adopted 8/3/10; Ordinance 17-008, Sec. 3, adopted 2/7/17) Sec. 24.02.052 Amendments Section 104.1 of the International Building Code is hereby amended as follows: Section 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and all other adopted codes within the jurisdiction. This includes, but is not limited to, the International Residential Code, International Existing Building Code, International Fire Code, and International Property Maintenance Code. The building official shall have the authority to adopt policies and procedures to clarify the application of its provisions such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in the code. 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: 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, countertops 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. Electrical. 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 installing any temporary system required for testing or servicing electrical equipment or apparatus. Gas. 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical. 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. Plumbing. 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. (I) All group A, E and I occupancies. (II) Buildings and structures three (3) stories or higher. (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 the 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 at least 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. 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 is final, the bond holder of the revoked bond may make a written application for a new bond after 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 2021 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 2021 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. The 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 2,000 square feet or more. 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. The 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, 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 with the provisions of the (ICC-600-2020). A (ICC-600-2020) form shall be signed and sealed by a structural engineer. All other commercial wood frame construction shall comply to the provisions of the (ICC-600-2020) 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 the 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 subsection (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 subsections (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 subsection (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 if the borrow pit exists and all gates 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 jobsite for review by the city building inspector. e. Prior to the placement of any concrete, the contractor shall arrange for a jobsite 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. At least two (2) footing diameters clearance shall be maintained between footings. (4) Shafts/footings shall be found 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. 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 centerline of Magazine Street with the westerly bank of Brakes Bayou; thence west along the centerline of Magazine Street and said centerline of Willow Street; thence south along the centerline of Willow Street to its intersection with the centerline of Calder Avenue; thence west along the centerline of Calder Avenue to its intersection with the centerline of Forrest Street; thence south along the centerline of Forrest Street and said centerline 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 centerline of Trinity Street extended northward; thence in a southerly direction along the said centerline of Trinity Street to its intersection with the centerline of Crockett Street; thence westerly along the centerline of Cricket Street to its intersection with the centerline of Holmes Avenue; thence southerly along the centerline of Forsythe Street; thence easterly along the centerline of Forsythe Street to its intersection with the centerline of Trinity Street; thence southerly along the centerline of Trinity Street to its intersection with the centerline of College Street; thence easterly along the centerline of College Street to its intersection with the centerline of Neches Street; thence southerly along the centerline of Neches Street to its intersection with the centerline of Franklin Street; thence easterly along the centerline of Franklin Street to its intersection with the centerline of Park Street; thence southerly along the centerline of Park Street to its intersection with the centerline of Blanchette (formerly Austin) Street; thence easterly along the centerline of Blanchette (formerly Austin) Street to its intersection with the centerline of Main Street; thence northerly along the centerline of Main Street to its intersection with the centerline of Gilbert (formerly Washington) Street; thence easterly along the centerline 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 centerline of College Street; thence westerly along the centerline of College Street to its intersection with the centerline of Market Street; thence northerly along the centerline of Market Street to its intersection with the centerline of Forsythe Street; thence easterly along the centerline of Forsythe Street and said centerline 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. (1958 Code, secs. 8-1.1–8-1.7, 8-3, 8-4, 16-28; Ordinance 76-124, Sec. 1, adopted 10/19/76; Ordinance 81-55, Sec. 1, adopted 7/14/81; Ordinance 83-14, secs. 1, 2, adopted 2/15/83; Ordinance 83-52, Sec. 1, adopted 5/10/83; Ordinance 86-69, Sec. 1, adopted 6/24/86; Ordinance 87-52, Sec. 2, adopted 7/7/87; Ordinance 89-62, Sec. 2, adopted 8/22/89; Ordinance 91-20, Secs. 1, 2, adopted 2/26/91; Ordinance 91-59, Sec. 1, adopted 7/30/91; Ordinance 96-57, Sec. 3, adopted 10/15/96; Ordinance 97-66, Sec. 1, adopted 12/16/97; Ordinance 98-67, Sec. 2, adopted 11/3/98; Ordinance 99-5, Sec. 1, adopted 1/19/99; Ordinance 99-23, Sec. 1, adopted 3/23/99; Ordinance 02-074, Sec. 1, adopted 9/17/02; Ordinance 02-099, Sec. 1, adopted 11/26/02; Ordinance 03-080, Sec. 3, adopted 10/14/03; Ordinance 04-069, Sec. 1, adopted 8/24/04; 1978 Code, Sec. 6-21; Ordinance 07-017, Sec. 3, adopted 2/20/07; Ordinance 10-057, Sec. 3, adopted 8/3/10; Ordinance 10-075, Sec. 1, adopted 9/14/10; Ordinance 17-008, Sec. 4, adopted 2/7/17) Secs. 24.02.053–24.02.100 Reserved Division 3. Residential Code* Sec. 24.02.101 Adoption The 2021 edition of the International Residential Code for One- and Two-Family Dwellings (IRC), including appendix AA, AB, AC, AE, AJ, AP, AQ, AV, AW, 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. (Ordinance 01-100, Sec. 1, adopted 12/18/01; 1978 Code, Sec. 6-173; Ordinance 10- 057, Sec. 25, adopted 8/3/10; Ordinance 17-008, Sec. 5, adopted 2/7/17) Sec. 24.02.102 Amendments Section R105.2 of the International Residential Code is hereby amended to read as follows: 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. 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. 3. Painting, papering, tiling, carpeting, cabinets, countertops 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. 5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Gas. 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. Mechanical. 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. Plumbing. 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. Homestead. 1. Homeowners able to prove homesteading at a single-family residence are allowed to perform repair work without a permit. Repair work does not include a detached or attached addition to the property, or any work that will alter the floor plan, windows, exterior doors, siding, roofing, or MEP’s (Mechanical, Electrical, Plumbing) within the walls or attic. 2. If permits are required and the work is performed by the homeowner, the homeowner is allowed a total of 2 failed inspections by trade before they are required to get a professional involved. 3. This clause does not apply to landlords. 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 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 with the International Code Council Standard for Residential Construction in High Wind Regions (ICC-600-2020) 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 R319.1 of the International Residential Code is hereby amended to read as follows: Section R319.1 Address numbers. Temporary addresses shall be posted at the beginning of construction and placed on a 2 ft x2 ft wooden placard placed at the edge of the street, and remain in place until the 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 at least 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 at least 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. The 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 R506.2.3 Exception 5 of the International Residential Code is added: Section R506.2.3 Exception 5. A minimum of 6-mil vapor retarder is used. Table N1102.1.3 of the International Residential Code is hereby amended to read as follows: Table N1102.1.3. Ceiling R-Value for Climate Zone 2 = 38. Section N1103.6 of the International Residential Code is hereby clarified as follows: Buildings and dwelling units shall be provided with mechanical ventilation that complies with the requirements of Section M1505 or with other approved means of ventilation. Outdoor air intakes and exhausts shall have automatic gravity dampers that close when the ventilation system is not operating. Automatic dampers shall be either mechanical or motorized. Standard 6” sizing shall be required unless approved by the Chief Mechanical Inspector or the contractor can prove it in manual J or S. Section M1305.1.2 of the International Residential Code is hereby amended to read as follows: Section M1305.1.2 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 P2503.5.1 of the International Residential Code is hereby clarified as follows: 1. Water Test. Inaccessible piping under the foundation shall be filled with water to a point not less than 10 feet above the top of the main. Top out test shall be tested with 5 feet from floor level, on each floor level necessary. 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 P2903.1.1 of the International Residential Code is hereby added to read as follows: In consideration of the moist air conditions of Inland Coastal 2 Climate Zone, manufactured pipe nipples shall be brass or stainless for any permanent water system. 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 scheduled 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 follows: Section P3002.2. Building sewer. Building sewer main piping shall be a minimum of four (4) inches and conform to P3002.1. Branches outside of the foundation shall be sized appropriately. Six (6) inch and larger sewer shall be SDR 26 or better. Section P3108.1.1 of the International Residential Code is hereby added to read as follows: Section P3108.1.1 Wet Venting Permitted excluding the first story. Section P3114.3 of the International Residential Code is hereby amended to read as follows: Section P3114.3. Where permitted. Individual vents, branch vents, circuit vents and stack vents shall be permitted to terminate with a connection to an air admittance valve. Individual and branch-type air admittance valves shall vent only fixtures kitchen & bar- type sinks that are on the same floor level and connect to a horizontal branch drain. Where the air admittance valve terminates a branch greater than 10’ it shall be provided a relief vent in the nearest wall. A relief vent shall be defined as a combination supplying both a vent and the remaining branch to the air admittance valve. Section E3601.1.2 of the International Residential Code is hereby added to read as follows: E3601.1.2 Required power source. Electrical systems 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. (Ordinance 01-100, Sec. 1, adopted 12/18/01; 1978 Code, Sec. 6-174; Ordinance 10-057, Sec. 26, adopted 8/3/10; Ordinance 17-008, Sec. 6, adopted 2/7/17) Sec. 24.02.103 Driveway required for all new residential construction It is the duty of all persons owning property abutting on paved streets in the city to construct or cause to be constructed, at their own cost and expense, driveways leading from the curb line to the property line on such lots as may be necessary to enter with any vehicle from the street. (Ordinance 10-057, Sec. 27, adopted 8/3/10) Secs. 24.02.104–24.02.150 Reserved Division 4. Plumbing Code Sec. 24.02.151 Adoption (a) The title of this division shall be “The Beaumont Plumbing Code,” and may be cited as such, and may be referred to in this division as “this code.” (b) The 2021 edition of the Uniform Plumbing Code, excluding 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. Where the requirements within the jurisdiction have any conflict with the requirements in the International Building Code or the International Residential Code, the International Building Code and the International Residential Code shall prevail. A copy of such code is on file in the office of the city clerk. (Ordinance 03-080, Sec. 8, adopted 10/14/03; 1978 Code, Sec. 6-140; Ordinance 10-057, Sec. 17, adopted 8/3/10; Ordinance 17-008, Sec. 7, adopted 2/7/17) Sec. 24.02.152 Definitions As used in this code the following definitions shall apply: Approved or approval. Approved by the plumbing inspector. National, state, and city standards shall be the basis of such approval. Journeyman plumber. Any person who is employed by a person (who is by training, experience, and education competent to lay out, design and install a plumbing system to conform to the UPC) to do plumbing work for wages and who does not furnish any materials or supplies in the performance of his work and holds a journeyman plumbing license. Maintenance and repair. The act of keeping in a state of safe operating condition any conductor or piece of equipment used inside or outside attached or connected to any building plumbing system, by replacement of units or elements thereof, but shall not include extensions of or additions to an existing system. Maintenance plumber. A person is not required to be licensed under chapter 1, section 1301.053, of the state plumbing license law. Master plumber. Any person who is, by training, experience, and education, competent to lay out, design, and install a system of plumbing and holds a master plumbing license. Plumbing construction. All work and material used in installing, maintaining, or extending of a plumbing system and all appurtenances, apparatus, and equipment used in connection therewith, inside of or attached to any building or structure, lot, or premises. Plumbing contractor. Any person or firm engaged in the business of providing and selling plumbing services shall have a permanently established place of business with a published telephone number. He shall hold a master plumbing contractors’ certificate or shall employ an individual who does and carry him on his active payroll. A master plumber may not qualify more than one plumbing contractor. He shall be available to the inspection authority to answer any questions relating to plumbing work coming under the jurisdiction of this plumbing inspection authority. (Ordinance 10-057, Sec. 18, adopted 8/3/10) Sec. 24.02.153 Amendments Section 101.2 of the Uniform Plumbing Code is hereby amended to read as follows: Section 101.2. The provisions of this code shall apply to the erection, installation, alteration, repair, relocation, replacement, addition to, use, or maintenance of commercial plumbing systems within this jurisdiction. Section 102.1 of the Uniform Plumbing Code is hereby amended to read as follows: Section 102.1. Where the requirements within the jurisdiction of this plumbing code have any conflict with the requirements in the International Building Code or the International Residential Code, the International Building and International Residential Code shall prevail. Section 102.1.1 of the Uniform Plumbing Code is hereby added to read as follows: Section 102.1.1. Where the requirements within the jurisdiction of the International Building Code or International Residential Code reference the International Plumbing Code, the International Plumbing Code shall be used as The Beaumont Plumbing Code. Section 104.5 of the Uniform Plumbing Code is amended to read as follows: Section 104.5 Fee schedule. See section 24.01.002, adoption of fee schedule, of the Code of Ordinances of the City of Beaumont. Section 107.1 of the Uniform Plumbing Code is hereby amended to read as follows: Section 107.1 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. Section 402.5 of the Uniform Plumbing Code is hereby amended to read as follows: Section 402.5. Fixtures shall be set level and in proper alignment with reference to adjacent walls. No water closet or bidet shall be set closer than 15 inches from its center to a side wall or obstruction or closer than 30 inches center to center to a similar fixture. The clear space in front of a water closet, lavatory, or bidet shall be not less than 21 inches. No urinal shall be set closer than 12 inches from its center to a side wall or partition or closer than 24 inches center to center. Section 408.4 of the Uniform Plumbing Code is hereby amended to read as follows: Section 408.4. Showers shall have a waste outlet and fixture tailpiece not less than 1 ½ inches in diameter. Fixture tailpieces shall be constructed from the materials specified in Section 701.2 for drainage piping. Strainers serving shower drains shall have a waterway at least equal to the tailpiece's area. Section 408.6 of the Uniform Plumbing Code is hereby amended to read as follows: Section 408.6. Shower compartments shall be not less than 900 square inches in interior cross-sectional area. Section 422.1 of the Uniform Plumbing Code is hereby amended to read as follows: Section 422.1. Requirements for this section can be found in the International Building Code, Table 2902.1. Section 508.4.1 of the Uniform Plumbing Code is hereby amended to read as follows: Section 508.4.1. The distance from the passageway access to the appliance shall not exceed 20 feet measured along the centerline of the passageway. Section 601.3.2 of the Uniform Plumbing Code is hereby amended to read as follows: Section 601.3.2. Pipe identification shall be repeated at intervals not exceeding 25 feet. Section 603.4.3 of the Uniform Plumbing Code is hereby amended to read as follows: Section 603.4.3. Access shall be provided to backflow preventers as specified by the manufacturer’s instructions. Section 701.2 of the Uniform Plumbing Code is hereby amended to read as follows: Section 701.2, Drainage Piping. All sanitary drainage and vent piping for building drain or building-sewer to be schedule 40 PVC or better, or copper tube. Section 707.4 of the Uniform Plumbing Code is hereby amended to read as follows: Section 707.4 Horizontal drains and building drains. Horizontal drainage pipes in buildings shall have cleanouts located at intervals of not more than 80 feet. Building Drains shall have cleanouts located at intervals of not more than 80 feet except where manholes are used instead of cleanouts, the manholes shall be located at intervals of not more than 400 feet. Section 718.1 of the Uniform Plumbing Code is hereby amended to read as follows: Section 718.1. Building sewers shall run in practical alignment and at a uniform slope of not less than ¼ inch per foot toward the point of disposal, unless otherwise approved by the Authority Having Jurisdiction. Section 908.2.6 of the Uniform Plumbing Code is hereby added to read as follows: Section 908.2.6. Horizontal Wet Venting Permitted excluding the first story. (Ordinance 03-080, Sec. 8, adopted 10/14/03; 1978 Code, Sec. 6-142; Ordinance 10-057, Sec. 19, adopted 8/3/10; Ordinance 17-008, Sec. 8, adopted 2/7/17) Sec. 24.02.154 Supervision of work In the actual work of installing, maintaining, altering, or repairing of any plumbing system or equipment for which a permit is required by this code, there shall be present and in direct supervision a qualified plumber of the proper classification. It shall be required that a master or journeyman be liable and responsible for the layout and technical supervision of any work which has required the securing of permits, and a journeyman plumber shall not supervise at the job site more than three (3) unclassified workers. Should it come to the notice of the chief plumbing inspector or his assistants that such supervision and control are not being maintained, the inspector may order the work to be discontinued and the person to whom the permit has been issued shall discontinue further work until proper supervision has been employed or supplied. (Ordinance 10- 057, Sec. 20, adopted 8/3/10) Secs. 24.02.155–24.02.200 Reserved Division 5. Mechanical Code* 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 2021 edition, including appendix A, 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. (Ordinance 78-52, Sec. 1, adopted 5/9/78; Ordinance 89-61, Sec. 1, adopted 8/22/89; Ordinance 96-60, Sec. 1, adopted 10/15/96; Ordinance 03-080, Sec. 9, adopted 10/14/03; 1978 Code, Sec. 6-170; Ordinance 10-057, Sec. 21, adopted 8/3/10; Ordinance 17-008, Sec. 9, adopted 2/7/17) 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 [301.7] 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 not be installed farther than six (6) feet from the equipment's service side. 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 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 at least 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 group R occupancies a pull-down stairway shall be installed for appliance access. (Ordinance 78-52, Sec. 1, adopted 5/9/78; Ordinance 83-40, Sec. 4, adopted 4/19/83; Ordinance 90-16, secs. 1, 2, adopted 3/13/90; Ordinance 92-80, Sec. 1, adopted 11/24/92; Ordinance 96-60, Sec. 2, adopted 10/15/96; Ordinance 99-46, Sec. 1, adopted 6/29/99; Ordinance 03-080, Sec. 9, adopted 10/14/03; 1978 Code, Sec. 6-171; Ordinance 10-057, Sec. 22, adopted 8/3/10; Ordinance 17-008, Sec. 10, adopted 2/7/17) Secs. 24.02.203–24.02.250 Reserved Division 6. Fuel Gas Code Sec. 24.02.251 Adoption The 2021 edition of the International Fuel Gas Code, including appendix A, B, C, and E, 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. (Ordinance 87-5, secs. 1, 2, adopted 2/10/87; Ordinance 96-59, Sec. 1, adopted 10/15/96; Ordinance 98-67, Sec. 3, adopted 11/3/98; Ordinance 03-080, Sec. 5, adopted 10/14/03; 1978 Code, Sec. 6-130; Ordinance 10-057, Sec. 15, adopted 8/3/10; Ordinance 17-008, Sec. 11, adopted 2/7/17) 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. Section 411.1 (3) of the International Fuel Gas Code is hereby amended to read as follows: Section 411.1 (3). Semirigid metallic tubing and metallic fittings. Lengths shall not exceed 6 feet and shall be located entirely in the same room as the appliance. Rigid pipe shall extend to the outside of appliance, where semirigid metallic tubing can be connected. Sections 109.2 through 109.2.6 of the International Fuel Gas Code have been repealed. Section 623.2 of the International Fuel Gas Code has been repealed. (Ordinance 03-080, Sec. 6, adopted 10/14/03; 1978 Code, Sec. 6-131; Ordinance 10-057, Sec. 16, adopted 8/3/10; Ordinance 17-008, Sec. 12, adopted 2/7/17) Secs. 24.02.253–24.02.300 Reserved Division 7. Existing Building Code Sec. 24.02.301 Adoption The 2021 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. (Ordinance 89-63, Sec. 1, adopted 8/22/89; Ordinance 03-080, Sec. 10, adopted 10/14/03; 1978 Code, Sec. 6-172; Ordinance 10-057, Sec. 23, adopted 8/3/10; Ordinance 17-008, Sec. 13, adopted 2/7/17) 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 [code]. 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 [code]. 2. Failure or refusal to timely perform any one or more of the requirements of this ordinance [code] 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. (Ordinance 10-057, Sec. 24, adopted 8/3/10; Ordinance 17-008, Sec. 14, adopted 2/7/17) Secs. 24.02.303–24.02.350 Reserved Division 8. Property Maintenance Code 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 2021 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. (Ordinance 03-080, Sec. 11, adopted 10/14/03; 1978 Code, Sec. 6-175; Ordinance 10-057, Sec. 28, adopted 8/3/10; Ordinance 17-008, Sec. 15, adopted 2/7/17) 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 watertight; 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 2021 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 systems 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. (Ordinance 10-057, Sec. 29, adopted 8/3/10; Ordinance 17-008, Sec. 16, adopted 2/7/17) Secs. 24.02.353–24.02.400 Reserved Division 9. International Energy Conservation Code* 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 2021 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. (Ordinance 10-057, Sec. 30, adopted 8/3/10; Ordinance 17-008, Sec. 17, adopted 2/7/17) Division 10. International Swimming Pool and Spa Code* 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 2021 edition of the International Swimming Pool and Spa Code. One (1) copy of such International Swimming Pool and Spa 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. ARTICLE 24.03 ELECTRICITY* Division 1. Generally Sec. 24.03.001 Reasonable accommodation It is the policy and practice of the city 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 to eliminate barriers to housing opportunities for persons with disabilities. The policy as adopted by Resolution No. 16-146 of the city is incorporated herein by reference to be used in conjunction with the purposes of this code. (Ordinance 17-008, Sec. 19, adopted 2/7/17) Secs. 24.03.002–24.03.030 Reserved Division 2. Electrical Code Part I. In General 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 2020 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. (1958 Code, Sec. 11-1; 1978 Code, Sec. 6-50; Ordinance 10-057, Sec. 4, adopted 8/3/10; Ordinance 17-008, Sec. 20, adopted 2/7/17) Sec. 24.03.032 Definitions As used in this code, the following definitions shall apply: Approved or approval. Approved by the electrical inspector. National, state, and city standards shall be the basis of such approval. Conductor. A wire or cable or other form of metal suitable for carrying electrical current or potential. Electrical construction. All work and material used in installing, maintaining, or extending a system of electrical wiring, and all appurtenances, apparatus, and equipment used in connection therewith, inside of or attached to any building or structure, lot, or premises. Electrical contractor. Any person or firm engaged in the business of providing and selling electrical services. He shall have a permanently established place of business with a published telephone number. He shall hold an electrical contractor's certificate or shall employ an individual who does and carry him on his active payroll. A master electrician may not qualify more than one contractor. He shall be available to the inspection authority to answer any questions relating to electrical work coming under the jurisdiction of this electrical inspection authority. Equipment. Conductors, materials, fittings, devices, appliances, fixtures, signs, apparatus, motors, and the like, used as a part of or in connection with any electrical installation. Journeyman electrician. Any person who is employed by a person (who is by training, experience, and education competent to lay out, design and install a system of wiring for light, heat or power to conform to the National Electrical Code) to do electrical work for wages and who does not furnish any materials or supplies in the performance of his work and holds a journeyman electrician license. Journeyman sign erector. Any person employed by a master sign electrician to install signs for wages and who does not furnish materials and supplies in the performance of his work and holds a journeyman sign electrician license. Maintenance and repair. The act of keeping in a state of safe operating condition any conductor or piece of equipment used inside or outside, attached or connected to any building electrical system, by replacement of units or elements thereof, but shall not include extensions of or additions to an existing system or branch thereof. Maintenance electrician. An electrician regularly employed on a permanent basis by any person and who performs work only in the confines of the building or in or on the premises where he is regularly employed on a permanent basis, and who does maintenance work as defined in the definition of “maintenance and repair” and holds a maintenance electrician license. Master electrician. Any person who is, by training, experience, and education, competent to lay out, design, and install a system of wiring for light, heat, or power, and holds a master electrician license. Master sign electrician. Any person engaged in the business of manufacturing and/or installing electric signs and holds a master sign electrician license. Outside electrical work. The installing, maintaining, altering, repairing, or erecting of any electrical wiring, apparatus, devices, appliances, fixtures, or equipment located outside of and separate from buildings and on poles, towers, or other structures designed or constructed to be used exclusively for the support of such electrical wiring, apparatus, devices, appliances, fixtures, or equipment for which a permit is required under the terms of this code, except that overhead conductors may be attached to buildings. (1958 Code, Sec. 11-2; Ordinance 83-34, Sec. 1, adopted 4/5/83; Ordinance 87-41, Sec. 1, adopted 5/26/87; Ordinance 88-75, Sec. 1, adopted 8/16/88; Ordinance 93-35, Sec. 1, adopted 7/6/93; Ordinance 95-23, Sec. 1, adopted 4/4/95; 1978 Code, Sec. 6-51; Ordinance 07-017, Sec. 5, adopted 2/20/07) Sec. 24.03.033 Purpose This code's purpose is the practical safeguarding of persons, buildings and their contents, from electrical hazards arising from improper use of electricity for light, heat, power, radio, signaling, or any other purpose. (1958 Code, Sec. 11-3; 1978 Code, Sec. 6-52) Sec. 24.03.034 Scope (a) The provisions of this code shall apply to all installations of, and work done on electrical conductors, fittings, devices, motors, controls, appliances, fixtures, electronic devices, signs and gaseous tubing, herein referred to as electrical equipment, within or on public and private buildings and premises, with exceptions as provided herein. (b) On all installations of electrical conductors or equipment hereafter made, and all existing installations which are altered, or for which the use has changed, all work shall be done in a manner that will conform with the requirements for a sufficient and safe electrical structure and system under this code. (c) Repair and maintenance work shall be such that, if any electrical conductor or equipment is removed and later replaced, same shall be replaced in accordance with the provisions of this code. (1958 Code, Sec. 11-4; 1978 Code, Sec. 6-53) Sec. 24.03.035 Applicability (a) Public utilities. The provisions of this code shall not apply to installations made or used by agencies in the generation, transmission or distribution of electricity, or for the operation of railways, signals or transmission of intelligence when located within or on buildings, enclosures, or premises used exclusively by such agency or on public thoroughfares; provided, however, such agencies excepted are operating under a valid franchise agreement with the city. (b) Radio and television stations. The provisions of this code shall apply to electrical equipment used for supplying electrical power for radio transmission in amateur radio transmitting stations and shall apply to all electrical equipment used for power supply to radio transmitting equipment but shall not apply to other electrical equipment used for radio or television transmission. (c) Signs and gaseous tubing. This code shall apply to all forms of electrical signs, gaseous tubing, and outline lighting conductors and equipment. All sign structures, attachments to buildings and foundations shall be approved by the building official as set forth in sections covering the construction and erection of signs in the building code prior to inspection under this code. (1958 Code, secs. 11-5–11-7; 1978 Code, secs. 5-54–6-56) Sec. 24.03.036 Sale of electrical equipment (a) Prohibited sales. It shall be unlawful for any person within the city to sell, expose for sale, offer to sell, dispose of as a premium, offer for rent, or repair any appliance which has not been endorsed by the Underwriters' Laboratories, Inc., or other nationally recognized standards association, or without first obtaining approval from the chief electrical inspector in absence of such evidence of safety approval. (b) Approval of articles generally. The chief electrical inspector shall approve for sale at retail such electrical equipment, material, conductors, apparatus, or appliances as are reasonably safe to persons and property. Conformity of such equipment and material with the standards of the Underwriters' Laboratories, Inc., shall be prima facie evidence that such equipment is reasonably safe to persons and property. (c) Passing upon articles not on approved list. (1) Should any material or equipment be submitted for approval which is not listed as approved by the Underwriters' Laboratories, Inc., the chief electrical inspector shall, within ten (10) days of the receipt of written request for special approval, approve, provisionally approve, or disapprove such electrical material or equipment. (2) Approval shall be based on reasonable safety to persons or property, and material and equipment shall be considered as adequate for approval if the standards of the Underwriters' Laboratories Inc., or provisions of this code are met. When material or equipment is approved by the chief electrical inspector, such approval shall continue until the material or workmanship on the article approved is changed. When the material or workmanship is changed, the article shall be reexamined for approval. (3) When no applicable standard can be used to determine whether an article is reasonably safe, the chief electrical inspector may grant provisional approval and allow its sale until such time as it can be tested or determined whether the article is safe to persons or property. (4) When an article is disapproved by the chief electrical inspector, the decision may be appealed for review by the electrical board of review. (5) The chief electrical inspector shall keep in his office a complete list of electrical equipment, material, appliances, and devices approved by Underwriters' Laboratories, Inc., provisionally approved, or disapproved for sale within the city. This list shall be available to the public during regular working hours. (1958 Code, secs. 11-70–11-72; 1978 Code, secs. 6-57–6-59) Secs. 24.03.037–24.03.070 Reserved Part II. Electricians* Sec. 24.03.071 State license required A person or business may not perform or offer to perform electrical work unless the person or business holds an appropriate license issued by the state department of licensing and regulation. (1958 Code, Sec. 11-41; 1978 Code, Sec. 6-80; Ordinance 07-017, Sec. 7, adopted 2/20/07) Sec. 24.03.072 Master electrician's office Every master electrician, if he qualifies as an electrical contractor, must have and maintain an established place of business and shall have a person in attendance to receive messages from the electrical inspector's office of the city or other persons concerned during regular business hours. (1958 Code, Sec. 11-22; Ordinance 87-41, Sec. 4, adopted 5/26/87; 1978 Code, Sec. 6-91) Sec. 24.03.073 Supervision of work (a) In the actual work of installing, maintaining, altering, or repairing of any electrical conductors or equipment for which a permit is required by this code, there shall be present and in direct supervision a qualified electrician of the proper classification. It shall be required that a master or sign electrician be liable and responsible for the layout and technical supervision of any work which has required the securing of permits, and a journeyman electrician shall not supervise at the job site more than three (3) unclassified workers. Should it come to the notice of the chief electrical inspector or his assistants that such supervision and control are not being maintained, the inspector may order the work to be discontinued and the person to whom the permit has been issued shall discontinue further work until proper supervision has been employed or supplied. (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. (1958 Code, secs. 11-45, 11-62; Ordinance 83-34, Sec. 7, adopted 4/5/83; 1978 Code, Sec. 6-92; Ordinance 10-057, Sec. 5, adopted 8/3/10) Secs. 24.03.074–24.03.100 Reserved Part III. Permits Sec. 24.03.101 Required; to whom issued; exemption (a) Permits shall be issued to electrical contractors qualified to secure permits, as set forth in this code, or to their duly authorized agent. Electrical contractors shall certify their duly authorized agent to the chief electrical inspector in the form of an affidavit stating that such electrical contractor assumes all and full responsibility for any permit taken out or applied for by such agent. This certification shall be kept on file in the office of the building official. (b) Nothing in this code shall be construed to prevent a person from doing electrical work himself in his own residence, which is owned and occupied by him as such, so long as he complies with all of the other provisions of this code. This exception shall mean an individual owner (not firm, co-partnership, or corporation) who does the labor himself. This individual owner shall be present at the time of any electrical inspection. (1958 Code, secs. 11-31, 11-32; Ordinance 79-62, Sec. 1, adopted 8/21/79; Ordinance 88-75, Sec. 4, adopted 8/16/88; 1978 Code, Sec. 6-100; Ordinance 07-017, Sec. 9, adopted 2/20/07) Sec. 24.03.102 Application; scope of permit requirements (a) Every person who shall install, cause to be installed, or permit to be installed any electrical wiring, fixtures or equipment or shall make any alteration, addition, change or repair within the scope of this code shall, within forty-eight (48) hours after the commencement of such work, make application for a permit therefor with the city electrical inspector. (b) There shall be one permit for each building for which rough work for electrical conductors or electrical equipment is installed. Accessory buildings, tourist cottages, or group houses shall not be considered separate buildings when the work is to be installed as one complete project and at one time, except where separate switches or meter loops are installed thereon. (c) Application for permits shall be made in writing on forms provided by the electrical inspector's office for that purpose. With such an application there shall be filed a diagram or plan showing clearly the character and kind of wiring or installation of fixtures or equipment work to be done. The plan or diagram shall show the manner in which the electrical installation is to be made, or the character of any repairs to any existing electric installation. Such application shall include the following information: (1) Street and house number; (2) Name of the owner; (3) Kind of buildings; and (4) A list of electrical fixtures and appliances to be installed. (d) The diagram or plans, and application, shall be referred to the chief electrical inspector, who shall have the authority to issue or refuse to issue a permit. (e) Plans for buildings of more than five thousand (5,000) square feet, based on exterior dimensions, or more than two (2) stories in height, shall bear the seal and signature of a professional electrical engineer licensed in the state. (1958 Code, secs. 11-28, 11-30; Ordinance 88-75, Sec. 5, adopted 8/16/88; 1978 Code, Sec. 6- 101) Sec. 24.03.103 Fees See section 24.01.002, adoption of fee schedule, of this code. (1958 Code, Sec. 11-29; Ordinance 75-28, Sec. 1, adopted 4/15/75; Ordinance 83-40, Sec. 1, adopted 4/19/83; Ordinance 03-080, Sec. 4, adopted 10/14/03; 1978 Code, Sec. 6-102; Ordinance 10-057, Sec. 6, adopted 8/3/10; Ordinance 17-008, Sec. 21, adopted 2/7/17) Sec. 24.03.104 Expiration If electrical wiring or installation of fixtures or equipment work authorized under a permit is not started within sixty (60) days after issuance of such permit, or if the work is started and then discontinued and the work remains discontinued without justifiable cause for a period of sixty (60) days, the permit shall become void, and no work shall be done on the premises until a new permit is issued and all necessary fees paid. No refunds shall be made for permits that have become void. (1958 Code, Sec. 11-33; 1978 Code, Sec. 6-103) Sec. 24.03.105 Cancellation The building official shall have the right to declare a permit null and void if there has been misrepresentation of facts or any violation of the provisions of this code. (1958 Code, Sec. 11-34; 1978 Code, Sec. 6-104; Ordinance 10-057, Sec. 7, adopted 8/3/10) Secs. 24.03.106–24.03.130 Reserved Part IV. Standards and Specifications Sec. 24.03.131 Responsibility for safe work; liability of city for damages The electrical regulations of this code shall not be construed to relieve from or lessen the responsibility or liability of any person owning, operating or installing electrical conductors, devices, appliances, fixtures, apparatus, motors or equipment, for damages to persons or buildings caused by any defect therein by reason of the inspection herein authorized or the certificate of approved inspection issued by the electrical inspector's office as herein provided, nor shall the city be held liable for any damages by reason of the enforcement of this code. (1958 Code, Sec. 11-8; 1978 Code, Sec. 6-110) Sec. 24.03.132 Installation standards generally (a) All installations of electrical wiring and equipment shall be reasonably safe to persons and property and in conformity with the provisions of this code, the applicable statutes of the state, and any rules or regulations issued by authority thereof. (b) Due to the unusual climatic conditions prevailing in and about the city, certain exceptions to the wiring methods and materials, as set forth in the National Electrical Code herein adopted, shall be made as set forth in this division. (c) Required power source. Electrical systems shall be provided with services 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. (1958 Code, Sec. 11-35; Ordinance 75-28, Sec. 2, adopted 4/15/75; Ordinance 78-13, Sec. 1, adopted 2/7/78; Ordinance 81-18, Sec. 2, adopted 3/10/81; Ordinance 84-73, Sec. 1, adopted 6/12/84; Ordinance 90-6, Sec. 1, adopted 1/30/90; 1978 Code, Sec. 6-111; Ordinance 08-006, Sec. 1, adopted 1/8/08; Ordinance 10-057, Sec. 8, adopted 8/3/10) 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. (1958 Code, Sec. 11-36; 1978 Code, Sec. 6-112; Ordinance 17-008, Sec. 22, adopted 2/7/17) Sec. 24.03.134 Sign standards generally (a) All electrically illuminated or electrically powered outdoor and indoor signs and displays shall be reasonably safe to persons and property and in conformity with the provisions of this code. (b) Conformity of all types of electrical signs with applicable standards of the Underwriters' Laboratories, Inc., and the National Electrical Code shall be prima facie evidence that such installations are reasonably safe to persons and property; provided that the provisions of this division shall prevail in case of conflicting provisions. (c) Conformity of construction, erection, foundation and means of support of all such signs with the city building code shall be approved by the city building official before permits for electrical inspection shall be issued under the authority of this code. (d) A permit for an electrical sign must be obtained from the housing code enforcement division before any sign is installed. (1958 Code, Sec. 11-37; Ordinance 87-41, Sec. 6, adopted 5/26/87; 1978 Code, Sec. 6-113) Sec. 24.03.135 Utility company rules and regulations Rules and regulations of the company supplying electricity to the city regarding service and meter installations for the kind and character of service to be rendered, as passed and approved by the governing body of the city from time to time, in accordance with franchise provisions, are hereby referred to, incorporated herein, and made a part hereof. (1958 Code, Sec. 11-38; 1978 Code, Sec. 6-114) Sec. 24.03.136 Approved wiring methods, use thereof Wiring methods approved by the National Electrical Code shall be used with the exceptions listed below: (1) Any approved method may be used for temporary work. (2) In all buildings and on all properties, all commercial buildings, and all buildings used for commercial purposes, the following wiring methods are excluded from the approved methods, as listed in the National Electrical Code: Article 398–Open wiring on insulators Article 394–Concealed knob and tube work Article 394–Electrical non-metallic tubing Article 334–Non-metallic sheathed cable Article 338–Service entrance cable Article 340–Underground feeder and branch circuit cable (3) The following equipment shall be installed on individual circuits: (a) Attic fan and heating unit. (b) Dishwasher. (c) Disposal. (d) Washing machine. (e) Dryer. (f) Water heaters and space heaters. (g) Ranges, built-in ranges, tops and ovens. (h) Air conditioning equipment. (i) Other types of equipment that require special circuits. (j) Built-in microwave ovens. (k) Refrigerators (4) Low voltage wiring. All low voltage wiring, and devices shall be installed according to the requirements of the National Electrical Code. (5) The installation of A.C. or armored cable shall not be permitted in any place or places designed or intended for assembly occupancy purposes. (1958 Code, Sec. 11-65; Ordinance 79-62, Sec. 2, adopted 8/21/79; Ordinance 83-34, Sec. 8, adopted 4/5/83; Ordinance 87-41, Sec. 7, adopted 5/26/87; Ordinance 87-53, Sec. 1, adopted 7/7/87; Ordinance 91-11, Sec. 1, adopted 2/12/91; 1978 Code, Sec. 6-115; Ordinance 10-057, Sec. 9, adopted 8/3/10) Sec. 24.03.137 Residential wiring Service-entrance cable may be used on all one- and two-family residences where three (3) number six (6) copper conductors or larger are used. (1958 Code, Sec. 11-66; 1978 Code, Sec. 6-116; Ordinance 10-057, Sec. 10, adopted 8/3/10) Sec. 24.03.138 Branch circuit protection It shall be unlawful for any person to bridge, tamper with or change from its original installation, except upon the approval of the chief electrical inspector, and then only after proper permit for alteration has been issued, any fuse of the plug, cartridge type or link type, installed in panel boards, main switches or switchboards, or to alter or change circuit breakers so that the original calibration will be affected, or to tie down or secure any circuit breaker so that it will not function properly. Only eight (8) devices shall be installed on #14 wire and ten (10) devices on #12 wire. (1958 Code, Sec. 11-67(a); 1978 Code, Sec. 6-117; Ordinance 10-057, Sec. 11, adopted 8/3/10) Sec. 24.03.139 Service clearances Service clearances shall comply with the current requirements of “standard service practices” of the local utility company. Where these clearances are not covered by this standard, the National Electrical Code shall apply. (1958 Code, Sec. 11-68; Ordinance 87-41, Sec. 8, adopted 5/26/87; 1978 Code, Sec. 6-118) Sec. 24.03.140 Service disconnect There shall be a service disconnect on the exterior of all commercial buildings. (Ordinance 10- 057, Sec. 12, adopted 8/3/10) Sec. 24.03.141 Tenant spaces Each individual tenant space within a structure shall have an independent service. Two (2) services on an individual tenant space within a structure shall only be permitted with prior approval from the building official. (Ordinance 10-057, Sec. 13, adopted 8/3/10) Sec. 24.03.142 Extension cord Extension cords shall not be used in commercial buildings for powering of accessory appliances as defined by the building official. (1958 Code, Sec. 11-69; 1978 Code, Sec. 6-119; Ordinance 10- 057, Sec. 14, adopted 8/3/10) Sec. 24.03.143 Temporary construction poles Temporary poles shall comply with the requirements of the local utility company's standard service practices. (Ordinance 76-90, Sec. 1, adopted 8/17/76; Ordinance 87-41, Sec. 9, adopted 5/26/87; 1978 Code, Sec. 6-119.1) Secs. 24.03.144–24.03.180 Reserved Part V. Inspections Sec. 24.03.181 Certificate of approval required before connecting It shall be unlawful for any person to make connections from a source of electrical energy to any electrical wiring, device or equipment on an installation for which a permit is required, as set forth in this code, until a certificate of approval has been issued by the electrical inspector authorizing such connection and the use of such wiring, devices or equipment. (1958 Code, Sec. 11-55; 1978 Code, Sec. 6-120) Sec. 24.03.182 Unauthorized connection after disconnection (a) It shall be unlawful for any person to make connections from a source of electrical energy to any electrical wiring, device or equipment which has been disconnected by order of the electrical inspector, or the use of which has been prohibited for reasons herein set forth, until a certificate of approval has been issued by him authorizing the reconnection and use of such wiring, devices or equipment. (b) Whenever the service wires are disconnected in any commercial building in the city limits or any building in the inner fire limits, the service shall not again be connected until the same has been wired so as to conform to this code. (1958 Code, Sec. 11-63; 1978 Code, Sec. 6-121) Sec. 24.03.183 Rough work inspection; correcting faulty work; reinspection (a) Notice; time; signing inspection card. When the rough wiring or installation work is completed on any premises, the person responsible therefor shall notify the electrical inspector that the job is ready for inspection, giving proper identification of the work, address and permit number. The electrical inspector shall then make an inspection of the electrical installation within twenty- four (24) hours from the time of notification (exclusive of Sundays and legal holidays). If the wiring or installation work has been installed in accordance with the terms and provisions of this code, the city electrical inspector shall record approval in portal, noting there on the date of approval of the work. More than one rough inspection may be made without charge when the progress of construction requires such inspection. (b) Faulty work. If the electric wiring or installation of fixtures or equipment is found to be faulty, incorrectly or defectively installed, the electrical inspector shall notify the responsible person who installed such work of the changes necessary to be made in order that the work may conform to this code. (c) Rectification of faulty work. The electrical contractor shall, within forty-eight (48) hours from the time of notification, make or start to make the changes ordered and shall proceed with the work until the same is completed. Upon completion thereof and payment of the reinspection fee, he shall notify the electrical inspector to the effect that faulty work has been corrected. The latter shall then cause the reinspection to be made and, if such work is found to comply with this code, he shall record the approval in the portal noting there on the date of approval of the work. If the electrical inspector shall again find the work incorrectly installed, he shall notify the responsible electrical contractor of the necessary changes and shall collect an additional reinspection fee. If the responsible master electrician does not make the required changes within a reasonable time, the electrical inspector shall refuse to issue to any such person any further permits until such work in question is corrected and approved. (1958 Code, Sec. 11-56; Ordinance 87-41, Sec. 10, adopted 5/26/87; 1978 Code, Sec. 6-122) Sec. 24.03.184 Final inspection Upon the completion of all electrical wiring or installation of fixtures or equipment in any building or on any premises, the electrical contractor shall notify the chief electrical inspector that the work is ready for final inspection, giving the electrical permit number and street address, and the chief electrical inspector shall then cause inspection to be made within twenty-four (24) hours from the time of receipt of notification (exclusive of Sundays and legal holidays) and, if any faulty or defective wiring or equipment is found, the electrical contractor shall be notified of the changes to be made in order that such work shall conform to this code. If such work is found to have been correctly installed, replaced or repaired, the electrical certificate shall state that the wiring or installation work has been installed in accordance with the provisions of this code. For each final inspection requested after the first has been made, the final inspection fee shall be paid as provided. (1958 Code, Sec. 11-57; Ordinance 87-41, Sec. 11, adopted 5/26/87; 1978 Code, Sec. 6-123) Sec. 24.03.185 Leaving work open It shall be unlawful for any person to cover, or cause to be covered, any part of a wiring installation with flooring, lath, wallboard or other material, until the electrical inspector shall have approved the wiring installation, in part or as a whole, except as herein set forth. (1958 Code, Sec. 11-58; 1978 Code, Sec. 6-124) Sec. 24.03.186 Removal of dead wires, etc. It shall be the duty of the electrical inspector to cause all abandoned dead wire, unused poles or electrical apparatus on the outside of the buildings or in streets or alleys to be removed at the expense of the owners thereof, by giving the owners written notice. (1958 Code, Sec. 11-59; 1978 Code, Sec. 6-125) Sec. 24.03.187 Altering conductors or equipment; when interference with other work It shall be unlawful for any unauthorized person to, in any manner, change or alter electrical conductors or equipment in or on any building. If, in the course of the erection of a building or structure, electrical conductors or equipment have previously been installed in such position as to interfere with the erection or completion of the structure, notice shall be immediately given the authorized person using the electrical conductors or equipment, and he shall be required to accomplish this needed change in accordance with this code. (1958 Code, Sec. 11-60; 1978 Code, Sec. 6-126) Sec. 24.03.188 Periodic inspection; remedying defects The chief electrical inspector shall inaugurate thorough periodic reinspection of installation of all electric wiring, electric devices and electric equipment now installed, or that may hereafter be installed, within the city, and within the scope of this code, and when the inspection of any such wiring, devices or equipment is found to be defective, dangerous or in an unsafe condition, the person owning, using or operating the same shall make the necessary repairs or changes required to place such wiring, devices or equipment in a safe condition within five (5) days or any longer period specified by the chief electrical inspector in such notice. The chief electrical inspector shall immediately order the disconnection or discontinuance of electrical service to such wiring, devices or equipment until same has been made safe, as directed. (1958 Code, Sec. 11-61; 1978 Code, Sec. 6-127) ARTICLE 24.04 UNSAFE SUBSTANDARD STRUCTURES* Division 1. Generally 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 2021 International Property Maintenance Code. (Ordinance 85-56, Sec. 1, adopted 5/14/85; Ordinance 91-53, Sec. 1, adopted 6/11/91; Ordinance 98-34, Sec. 1, adopted 5/12/98; Ordinance 05-019, Sec. 1, adopted 2/8/05; 1978 Code, Sec. 14-50; Ordinance 10-059, Sec. 2, adopted 8/3/10; Ordinance 17-008, Sec. 23, adopted 2/7/17) 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. (Ordinance 85-56, Sec. 1, adopted 5/14/85; 1978 Code, Sec. 14-51; Ordinance 10-059, Sec. 3, adopted 8/3/10; Ordinance 17-008, Sec. 24, adopted 2/7/17) 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 2021 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 2021 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 of subsection (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. (Ordinance 85-56, Sec. 1, adopted 5/14/85; Ordinance 91-53, Sec. 2, adopted 6/11/91; Ordinance 92-50, Sec. 1, adopted 6/30/92; Ordinance 94-15, Sec. 1, adopted 3/22/94; Ordinance 98-34, Sec. 2, adopted 5/12/98; Ordinance 05-019, Sec. 2, adopted 2/8/05; Ordinance 05-032, Sec. 1, adopted 3/22/05; 1978 Code, Sec. 14-52; Ordinance 10-059, Sec. 4, adopted 8/3/10; Ordinance adopting Code; Ordinance 17-008, Sec. 25, adopted 2/7/17) 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 2021 International Residential Code. (Ordinance 10-059, Sec. 5, adopted 8/3/10; Ordinance 17-008, Sec. 26, adopted 2/7/17) Sec. 24.04.005 Commercial unsafe substandard structures All commercial unsafe substandard structures shall be repaired or replaced to comply with the 2021 International Building Code and the 2021 International Existing Building Code as required for existing buildings. (Ordinance 10-059, Sec. 6, adopted 8/3/10; Ordinance 17-008, Sec. 27, adopted 2/7/17) Sec. 24.04.006 Abatement of structures constituting a clear and present danger to the Public Safety Notwithstanding all other provisions of this article, nothing herein shall be deemed a limitation on the duty of the city to summarily order the demolition of any vacant structure where it is apparent that the immediate demolition of such structure is necessary for the preservation of life and property in the city. (Ordinance 85-56, Sec. 1, adopted 5/14/85; 1978 Code, Sec. 14-53; Ordinance 10-059, Sec. 7, adopted 8/3/10) 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. (Ordinance 85-56, Sec. 1, adopted 5/14/85; Ordinance 98-34, Sec. 3, adopted 5/12/98; Ordinance 05-019, Sec. 2, adopted 2/8/05; 1978 Code, Sec. 14-54; Ordinance 10-059, Sec. 8, adopted 8/3/10; Ordinance 17-008, Sec. 28, adopted 2/7/17) Sec. 24.04.008 Assistance by other departments The enforcement officer is to seek the assistance of the fire department, the health department, and the police department to effectively enforce the terms of this article, and said departments are to assist the enforcing officer in any way possible in said enforcement. (Ordinance 85-56, Sec. 1, adopted 5/14/85; Ordinance 05-019, Sec. 2, adopted 2/8/05; 1978 Code, Sec. 14-55; Ordinance 10-059, Sec. 9, adopted 8/3/10) Sec. 24.04.009 No utilities to vacant dwellings No water, gas, electricity, or sewer services shall be provided to any dwelling unit or rooming unit found to be an unsafe substandard structure which is or becomes vacant until such dwelling unit or rooming unit has been brought into compliance with the provisions of this article. (Ordinance 85-56, Sec. 1, adopted 5/14/85; 1978 Code, Sec. 14-56; Ordinance 10-059, Sec. 10, adopted 8/3/10) 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 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 2021 International Property Maintenance Code appendix A. (Ordinance 94-15, Sec. 2, adopted 3/22/94; 1978 Code, Sec. 14-58; Ordinance 10-059, Sec. 12, adopted 8/3/10; Ordinance 17-008, Sec. 29, adopted 2/7/17) Secs. 24.04.011–24.04.040 Reserved Division 2. Rehabilitation Agency Sec. 24.04.041 Definitions The following words and terms, when used in this division, shall, for the purpose of this division, have the following meanings: Deferred loans. The monies provided for rehabilitation of owner-occupied dwelling units are to be forgiven at a rate of 1/60th of the total loan per month for a period of five (5) years. Dwelling unit. A house, apartment, room or group of rooms occupied or intended for occupancy as separate living quarters. Rehabilitation, residential. The restoration of deteriorated structures to standard housing codes as established by law, including repair, renovation, conversion or remodeling of any structure with energy conservation material and/or devices. (Ordinance 79-4, Sec. 1, adopted 1/16/79; Ordinance 79-97, Sec. 1, adopted 12/18/79; Ordinance 83-132, Sec. 1, adopted 10/11/83; Ordinance 92-16, Sec. 1, adopted 2/11/92; 1978 Code, Sec. 14- 71) Sec. 24.04.042 Rehabilitation deferred loans Housing services shall make deferred loans to qualified persons for the rehabilitation of dwelling units. Deferred loans shall also be made for investor-owned residential property. (Ordinance 79-4, Sec. 2, adopted 1/16/79; Ordinance 92-16, Sec. 1, adopted 2/11/92; 1978 Code, Sec. 14-73) Sec. 24.04.043 Creation of fund There is hereby created a rehabilitation deferred loan fund, to be funded with Department of Housing and Urban Development funds, to make deferred loans to owners of dwelling units in project areas who are unable to secure or qualify for funds from conventional sources for the purpose of refinancing or rehabilitating such property to standard housing code requirements. (Ordinance 79-4, Sec. 4, adopted 1/16/79; Ordinance 83-132, Sec. 1, adopted 10/11/83; Ordinance 92-16, Sec. 1, adopted 2/11/92; 1978 Code, Sec. 14-74) Sec. 24.04.044 Promissory note, lien as evidence and security of loan Rehabilitation deferred loans shall be evidenced by a promissory note in favor of the city and either a mechanic's and materialmen's lien or by a properly executed real estate lien note and deed of trust for a period not to exceed a five (5) years. Deferred loans shall be forgiven at the rate of 1/60th of the total loan per month for a period of five (5) years at which time the lien shall be released. If property is sold prior to the five (5) years the owner shall reimburse the program the remaining payments based on the sixty (60) months' amortizations. The obligation to reimburse the loan funds should the property to [be] sold prior to five (5) years after the commencement of the loan shall remain an obligation of the heirs of a deceased deferred loan holder. (Ordinance 79- 4, Sec. 10, adopted 1/16/79; Ordinance 83-132, Sec. 1, adopted 10/11/83; Ordinance 92-16, Sec. 1, adopted 2/11/92; 1978 Code, Sec. 14-80) Sec. 24.04.045 Loan delinquency The city shall have the authority to collect delinquent loans through any reasonable means permitted by law, including foreclosure and sale, upon the city manager's direction. (Ordinance 79-4, Sec. 11, adopted 1/16/79; Ordinance 92-16, Sec. 1, adopted 2/11/92; 1978 Code, Sec. 14- 81) Sec. 24.04.046 Reasonable accommodation It is the policy and practice of the city 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 to eliminate barriers to housing opportunities for persons with disabilities. The policy as adopted by Resolution No. 16-146 of the city is incorporated herein by reference to be used in conjunction with the purposes of this code. (Ordinance 17-008, Sec. 30, adopted 2/7/17) ARTICLE 24.05 FLOOD DAMAGE PREVENTION* Division 1. Generally Sec. 24.05.001 Statutory authorization The state legislature has, in sections 16.3145, 16.315 of the Texas Water Code, delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the city council does ordain as follows. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-25) Sec. 24.05.002 Findings of fact (a) The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-26) Sec. 24.05.003 Statement of purpose (a) It is the purpose of this article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize future flood blight areas; and (7) Ensure that potential buyers are notified that property is in a flood area. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-27) Sec. 24.05.004 Methods of reducing flood losses In order to accomplish its purposes, this article uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-28) Sec. 24.05.005 Definitions Unless specifically defined below, words or phrases used in this article shall be interpreted to give them the meaning they have in common usage and to give this article its most reasonable application. Alluvial fan flooding. Flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. Apex. A point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. Appeal. A request for a review of the floodplain administrator's interpretation of any provisions of this article or a request for a variance as defined in this section. Area of shallow flooding. A designated AO, AH, or VO zone on a community's flood insurance rate map (FIRM) with a one (1) percent chance or greater annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of special flood hazard. The land in the floodplain within a community subject to a one (1) percent or greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed rate-making has been completed in preparation for publication of the FIRM, zone A usually is refined into zone A, AE, AH, AO, A1- 99, VO, V1-30, VE or V. Base flood. The flood having a one (1) percent chance of being equaled or exceeded in any given year. Basement. Any area of the building having its floor subgrade (below ground level) on all sides. Board of adjustment. The city zoning board of adjustment. Critical feature. An integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. Development. Any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. Elevated building. A non-basement building: (1) Built, in the case of a building in zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in zone V1-30, VE, or V, to have the bottom of the lowest horizontal structural member of the elevated floor, elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water; and (2) Adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, “elevated building” also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of zone V1-30, VE, or V, “elevated building” also includes a building otherwise meeting the definition of “elevated building,” even though the lower area is enclosed by means of breakaway walls, if the breakaway walls met the standards of section 60.3(e)(5) of the National Flood Insurance Program regulations. Existing construction. For the purposes of determining rates, structures for which the “start of construction” commenced before the effective date of the FIRM, or before January 1, 1975, for FIRMs effective before that date. “Existing construction” may also be referred to as “existing structures.” Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; or (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood insurance rate map (FIRM). An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood insurance study. The official report provided by the Federal Emergency Management Agency. The report contains flood profiles, the water surface elevation of the base flood, and the flood boundary-floodway map. Floodplain or flood prone area. Any land area susceptible to being inundated by water from any source (see definition of flooding). Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage, including emergency preparedness plans, flood control works and floodplain management regulations. Floodplain management regulations. Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Flood protection system. Those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding to reduce the extent of the areas within a community subject to a “special flood hazard” and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood-modifying works are constructed in conformance with sound engineering standards. Floodway (regulatory floodway). The channel of a river or other watercourse and the adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities necessary for the loading and unloading of cargo or passengers, and shipbuilding and repair facilities, but not long-term storage or related manufacturing facilities. Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. Historic structure. Any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (A) By an approved state program as determined by the Secretary of the Interior; or (B) Directly by the Secretary of the Interior in states without approved programs. Levee. A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. Levee system. A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of section 60.3 of the National Flood insurance Program regulations. Manufactured home. A structure transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term “manufactured home” does not include a “recreational vehicle.” Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Mean sea level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced. New construction. For the purpose of determining insurance rates, structures for which the “start of construction” commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the “start of construction” commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. Recreational vehicle. A vehicle which is: (1) Built on a single chassis; (2) Four hundred (400) square feet or less when measured at the largest horizontal projections; (3) Designed to be self-propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Start of construction. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure. A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before “start of construction” of the improvement. This includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or (2) Any alteration of a “historic structure,” provided that the alteration will not preclude the structure's continued designation as a “historic structure.” Variance. A grant of relief to a person from this article's requirements when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this article. (For full requirements see 44 CFR section 60.6 of the National Flood Insurance Program regulations.) Violation. The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. Water surface elevation. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-29; Ordinance 07-017, Sec. 4, adopted 2/20/07) Sec. 24.05.006 Lands to which this article applies This article shall apply to all areas of special flood hazard within the jurisdiction of the city. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-30) Sec. 24.05.007 Basis for establishing the areas of special flood hazard The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled “The Flood Insurance Study for the City of Beaumont,” dated August 6, 2002, with accompanying flood insurance rate maps and flood boundary-floodway maps (FIRM and FBFM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this article. (Ordinance 02-050, secs. 1, 2, adopted 7-9-02; 1978 Code, Sec. 6-31) Sec. 24.05.008 Establishment of development permit A development permit shall be required to ensure conformance with the provisions of this article. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-32) Sec. 24.05.009 Compliance No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this article and other applicable regulations. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-33) Sec. 24.05.010 Abrogation and greater restrictions This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-34) Sec. 24.05.011 Interpretation In the interpretation and application of this article, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-35) Sec. 24.05.012 Warning and disclaimer of liability The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damage. This article shall not create liability on the part of the community or any official or employee thereof for any flood damage that result from reliance on this article, or any administrative decision lawfully made thereunder. (Ordinance 02- 050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-36) Secs. 24.05.013–24.05.040 Reserved Division 2. Administration Sec. 24.05.041 Designation of the floodplain administrator The planning manager, or his appointee, is hereby appointed the floodplain administrator to administer and implement the provisions of this article and other appropriate sections of 44 CFR (National Flood Insurance Program regulations) pertaining to floodplain management. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-37) 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, 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 A1-30 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 A1-30, 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. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-38; Ordinance 17-008, Sec. 31, adopted 2/7/17) 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) 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. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-39; Ordinance 17-008, Sec. 32, adopted 2/7/17) 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 damage during the base flood and create no additional threats to public safety. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-40; Ordinance 17-008, Sec. 33, adopted 2/7/17) Secs. 24.05.045–24.05.070 Reserved Division 3. Provisions for Flood Hazard Reduction Sec. 24.05.071 General standards In all areas of special flood hazards, the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located a minimum of one (1) foot six (6) inches above the base flood elevation, so as to prevent water from entering or accumulating within the components during conditions of flooding. Tanks shall be vented a minimum of one (1) foot six (6) inches above the base flood elevation; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the systems into floodwaters; and (7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-41) 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(a)(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 A1-30, 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 A1- 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 A1-30, 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. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-42; Ordinance 17-008, Sec. 34, adopted 2/7/17) 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. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-43; Ordinance 17-008, Sec. 35, adopted 2/7/17) 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. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-44; Ordinance 17-008, Sec. 36, adopted 2/7/17) 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. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-45; Ordinance 17-008, Sec. 37, adopted 2/7/17) Sec. 24.05.076 Penalties for noncompliance No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall upon conviction thereof be fined not more than five hundred dollars ($500.00) for each violation, and in addition shall pay all costs and expenses involved in the case. Each day any violation of this article shall continue shall constitute a separate offense. Nothing herein shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-46) Sec. 24.05.077 Conflict of laws Within a flood hazard area, the provisions of this article shall take precedence over any conflicting municipal laws, ordinances, or codes. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-47) Sec. 24.05.078 Reasonable accommodation It is the policy and practice of the city 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 to eliminate barriers to housing opportunities for persons with disabilities. The policy as adopted by Resolution No. 16-146 of the city is incorporated herein by reference to be used in conjunction with the purposes of this code. (Ordinance 17-008, Sec. 38, adopted 2/7/17) ARTICLE 24.06 MOBILE HOMES, MANUFACTURED HOMES AND RECREATIONAL VEHICLES Division 1. Generally 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 this article's purposes, RVs shall be classified as 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 “B”. 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 non-transient use, supplementary structures and accessory uses not prohibited by Chapter 28 of this Code of Ordinances. Trailer park “C”. A parcel of land occupied or intended for occupancy by recreational vehicles for transient dwelling purposes regardless of whether a charge is made for such service. For this article's purposes, recreational vehicle park and travel trailer park shall have the same meaning. Transient. To occupy a space for only a brief stay. (1958 Code, Sec. 38-1; 1978 Code, Sec. 27-1; Ordinance 06-070, Sec. 1, adopted 10/24/06; Ordinance 17-008, Sec. 39, adopted 2/7/17) Sec. 24.06.002 Enforcing officer It shall be the duty of the building official, or his designated representative, to make inspections to determine the existence of violations of this article. A complete report of any violation discovered shall be made to the city manager for further handling. (1958 Code, Sec. 38-9; 1978 Code, Sec. 27-2) 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. (1958 Code, Sec. 38- 10; 1978 Code, Sec. 27-3; Ordinance 17-008, Sec. 40, adopted 2/7/17) Sec. 24.06.004 Parking inside and outside a trailer park (a) Parking on public streets. It shall be unlawful for any person to park any trailer coach on any street, highway, alley, sidewalk or other public place in the city for a longer period than three (3) hours. (b) Parking in trailer parks. No trailer coach shall be parked for use or occupancy on any tract of ground within the city except in a duly authorized trailer park “A” or “B”; provided, however, that: (1) The building inspector may permit the parking, use and occupancy of a trailer coach outside of a duly authorized trailer park for a period of time not exceeding ten (10) days, when such coach is occupied by persons employed in the operation of a temporary recreational, amusement or civic activity. Such temporary parking, use and occupancy of a trailer coach shall be permitted only when the trailer coach is parked on the same premises on which the activity is located and only when adequate sanitary facilities are available upon the premises for the use of the occupants of the trailer coach; (2) A permit shall be required for all trailer coaches now parked outside trailer parks which were so parked prior to December 31, 1961; the annual permit renewal fee shall be a minimum of fifteen dollars ($15.00) for each trailer coach and shall be paid to the building official, and such fee shall be for the calendar year ending the thirty-first day of December of each year. Said authorization shall terminate and become void and of no effect upon failure of the trailer coach occupant to pay the fee hereinabove provided for prior to its expiration or upon damage to such trailer coach by fire, explosion or any act of God to the extent of twenty-five (25) percent of the market value of such trailer coach or upon the moving of such trailer coach off of the tract of ground upon which it was located on or before December 31, 1961. The authorization herein provided for is not transferable, and, in the event the present occupant moves from the trailer coach, the authorization shall terminate and no authorization shall be permitted in the trailer coach for a new occupant; once an authorization terminates and becomes void, the building official shall not authorize the same trailer coach to be occupied unless it is in a duly authorized trailer park. (c) Exception for temporary construction office. Mobile homes/trailer coaches may be used as on-site temporary construction offices. (d) Exception for night watchman facilities. Mobile homes/trailer coaches may be used as night watchman facilities; provided, however, that mobile homes/trailer coaches may not be used as a place of residence by any person, including the night watchman, and that all zoning regulations must be satisfied. (1958 Code, Sec. 38-2; Ordinance 82-64, Sec. 1, adopted 6/22/82; 1978 Code, Sec. 27-4) Sec. 24.06.005 Minimum standards for type “A” trailer park Any trailer park type “A” hereafter established, constructed, or erected, and in the case of existing trailer parks that portion extended, altered, expanded and/or improved, shall conform to and comply with the following minimum standards: (1) Park area. Each trailer park shall provide at least three (3) acres in area but not less than fifteen (15) trailer coach lots. (2) Density. Each trailer park shall not exceed a maximum density of fifteen (15) trailer coach lots per acre as determined by the total area bounded by the trailer park property lines. (3) Private streets. Private streets shall be provided and shall extend continuously from the public street right-of-way to provide suitable access to all trailer coach lots and other facilities or uses permitted in the trailer park as well as provide adequate connection to future streets at the boundaries of the trailer coach property line. Private streets shall meet the following standards: (A) Minimum pavement widths shall be as follows: (i) Class 1 private streets which provide direct access to five (5) or more trailer coach lots: Twenty (20) feet. (ii) Class 2 private streets which provide direct access to less than five (5) trailer coach lots: Fourteen (14) feet. (B) Private street intersections shall generally be at right angles; offsets at intersections of less than one hundred twenty-five (125) feet (centerline to centerline) should be avoided; intersection of more than two (2) streets at one point shall be avoided. (C) Dead-end private streets shall be limited to a maximum length of one thousand (1,000) feet and shall be provided with a vehicular turning space, with a turning circle of eighty (80) feet in diameter. (D) All private streets shall be provided with a smooth, hard and dense surface which shall be durable and well drained under normal use and weather conditions. (E) Private streets which may connect two (2) public street rights-of-way shall by the use or curves, offsets, location and/or the use of two (2) or more streets be located so as to discourage through traffic. (4) Trailer coach lots. Every trailer coach lot shall conform to the following standards: (A) Be served with sanitary sewer, water, electrical power, telephone service and natural gas. (B) Provide an average minimum width of thirty (30) feet and an average minimum depth of seventy-five (75) feet. (C) Abut and/or have access to a private street for a minimum distance of twelve (12) feet. (D) Provide a minimum area of two thousand two hundred fifty (2,250) square feet, said area to be determined by the lot lines. (E) Provide a trailer coach stand which shall provide an adequate foundation for the placement and tie-down of one single-family trailer coach, thereby securing the superstructure against uplift, sliding, rotation and overturning. Said trailer coach stand shall be: (i) Impervious to plant material such as weeds, grass and shrubs. (ii) Provided with anchors and tie-downs such as cast-in-place concrete “dead men,” eyelets imbedded in concrete foundations or runways, screw augers, arrowhead anchors, or other devices which secure the stability of the trailer coach and shall be placed at least at each corner of the trailer coach stand. (iii) Twelve (12) feet in width and sixty (60) feet in length. (iv) Located not closer than three (3) feet from the trailer coach lot line; be located at least ten (10) feet from any class 1 private street and five (5) feet from any class 2 private street, and be a minimum of five (5) feet from the rear trailer coach lot line (the end of the trailer coach stand opposite the end adjacent to the private street). (F) Setbacks for supplementary structures. No physical structure, dump-master container, carport, cabana, awning, fence or storage locker shall be permitted within ten (10) feet of a class 1 private street and five (5) feet from any class 2 private street; provided further, the setbacks from the sides and rear shall be three (3) feet, save and except a fence, from any trailer coach lot line not adjacent to the private street. (G) Provide a minimum of one off-street parking space. (H) Double frontage of trailer coach lots should be avoided. (I) No vehicular access to a trailer coach lot is permitted from a public dedicated street. (5) Usable open space. Usable open space shall be provided to conform to the following standards: (A) Conveniently situated and containing a minimum of two thousand two hundred fifty (2,250) square feet for the first fifteen (15) trailer coach lots or three (3) acres in the trailer park; for each additional trailer coach lot over fifteen (15), twenty-five (25) additional square feet is required. (B) Such open space may be in one or more areas but shall be of such size and shape as to afford reasonable use by the occupants. (C) No portion of such required usable open space shall be used for off-street parking, vehicular drive loading areas or accessory uses, save and except recreational uses such as swimming pools and tennis courts. (6) Off-street parking. Off-street parking shall be provided at a rate of one and one- half (1-1/2) spaces for each trailer coach lot. Off-street parking spaces not located on the trailer coach lot shall be located on or within the trailer park and be easily accessible to the occupants and visitors; said spaces shall: (A) Have a permanent all-weather surface; (B) Have dimensions of not less than eight (8) feet six (6) inches by eighteen (18) feet; (C) Be accessible to an all-weather surfaced private street; (D) Be appropriately defined and marked; (E) Be so located and regulated that no parking, or maneuvering incidental to parking, shall be on any public street or walk; (F) Provide adequate barriers to keep any parked vehicle from extending into or overhanging any public dedicated street or private street; (G) Be so designed that any vehicle may be parked and unparked without requiring the movement of any other vehicle. (7) Setbacks. (A) All trailer coach stands and attached trailer coaches shall be located as follows: (i) A minimum of twenty-five (25) feet from any trailer park property boundary line abutting upon a public dedicated street or residentially used or zoned R-1A, R-1 and R-2 property, as set out in chapter 28 of this Code of Ordinances. (ii) A minimum of five (5) feet from any trailer park property boundary line, not abutting upon a public dedicated street, when the abutting property is used or zoned as industrial or commercial property, providing further that a six (6) foot solid permanent screening fence or wall shall be constructed along said trailer coach property boundary line. (B) All accessory uses shall be located a minimum of ten (10) feet from any trailer coach lot line. (8) Drainage. The ground surface in all parts of every trailer park shall be graded and equipped to drain all surface water in a safe, efficient manner so as not to permit water to stand or become stagnant. (9) Lighting. The private streets, parking lots, walks and service areas shall be kept properly and adequately lit at all times so the trailer park shall be safe for occupants and visitors; provided further all entrances and exits shall be lighted. (10) Refuse disposal. Facilities shall be provided for storage, collection and disposal of refuse of the trailer park's occupants. A refuse pickup easement shall be granted by the owner of the trailer park to the city if these facilities are located to require the entrance of a municipal vehicle into the trailer park. (1958 Code, Sec. 38-5; 1978 Code, Sec. 27-8) Sec. 24.06.006 Minimum standards for type “B” trailer park A trailer park, type “B”, hereafter established, constructed, erected, extended, altered, expanded and/or improved shall conform with the following minimum standards: (1) Park area. Each trailer park “B” shall provide a minimum of three (3) acres in area. (2) Layout of streets and blocks. Within a trailer park “B” no block shall be longer than one thousand three hundred twenty (1,320) feet in length and streets shall be laid out to provide a minimum distance of two hundred fifty (250) feet, center of street to center of street, between intersections. (3) Trailer coach lot standards. Every trailer coach lot shall conform to the following standards: (A) Be served with sanitary sewer, water, electrical power, telephone service and natural gas. (B) Provide for the placement of one single-family trailer coach with all garages, carports, enclosed rooms and porches being subordinate to this primary use. (C) No average dimension (width or depth) shall be less than fifty (50) feet. (D) Abut and/or have access to a public dedicated street for a minimum distance of twenty (20) feet. (E) Provide a minimum area of five thousand (5,000) square feet determined by the lot lines. (F) Prior to occupancy of any trailer coach lot, it must be provided with a trailer coach stand which shall provide an adequate foundation for the placement and tie-down of one single-family trailer coach, thereby securing the superstructure against uplift, sliding, rotation and overturning. Said trailer coach stand shall be: (i) Impervious to plant material such as weeds, grass and shrubs. (ii) Provided with anchors and tie-downs such as cast-in-place concrete “dead men,” eyelets imbedded in concrete foundations or runways, screw augers, arrowhead anchors or other devices which secure the stability of the trailer coach and shall be placed at least at each corner of the trailer coach stand. (iii) A minimum of twelve (12) feet in width and sixty (60) feet in length or the size of the trailer coach to be placed on the lot. (G) Provide a minimum of one off-street parking space. (H) Double frontage of trailer coach lots should be avoided. (I) No vehicular or pedestrian access to a trailer coach lot is permitted from a public dedicated street not completely contained or located within the tract of land authorized as a trailer park; provided further no access to a trailer coach lot is permitted except when the lot directly across the public street is located in the trailer park and designated as and complying with the standards for a trailer coach lot as herein provided. (J) Be officially recorded in a subdivision plat. (4) Off-street parking. Off-street parking shall be provided at a minimum rate of one space for each trailer coach lot. (5) Setbacks. All trailer coach stands and attached trailer coaches and all other structures shall be located as follows: (A) A minimum of twenty-five (25) feet from any trailer park property or boundary line adjacent to a public dedicated street not providing access to the trailer coach lot; fences are excluded; (B) A minimum of twenty (20) feet from the front lot line; (C) A minimum of ten (10) feet from the rear lot line; (D) A minimum of five (5) feet from the side lot line. (6) Screening. A six (6) foot permanent screening fence or wall shall be constructed along the boundary lines of the trailer park except where a public dedicated street provides access to the trailer park. (1958 Code, Sec. 38-6; Ordinance 81-24, Secs. 1, 2, adopted 4/14/81; 1978 Code, Sec. 27-9) Sec. 24.06.007 Uses permitted in type “A” or “B” trailer parks Upon issuance of a trailer park permit, type “A” or “B”, by the city council, no use except the following shall be permitted in any trailer park, type “A” or “B”: (1) Single-family trailer coaches. (2) Accessory uses providing service to the occupants of the trailer park; such uses may include recreational facilities, central or community garages, storage buildings and washaterias. (3) Supplementary structures. (1958 Code, Sec. 38-7; 1978 Code, Sec. 27-10) Sec. 24.06.008 Minimum standards for type “C” recreational vehicle park Any recreational vehicle park hereafter established, constructed, or erected, and in the case of existing recreational vehicle parks that portion extended, altered, expanded and/or improved, shall conform to and comply with the following minimum standards: (1) Park area. Each recreational vehicle park shall provide a minimum of three (3) acres in area but in no case shall there be less than fifteen (15) recreational vehicle lots. The perimeter of every recreational vehicle park shall be surrounded by an eight (8) foot tall solid permanent screening fence or wall. (2) Private streets. Private streets shall be provided and extend continuously from the public street right-of-way to provide suitable access to all recreational vehicle sites and other facilities or uses permitted in the recreational vehicle park. Private streets shall meet the following standards: (A) Minimum pavement widths shall be as follows: (i) One-way streets: Fourteen (14) feet. (ii) Two-way streets: Twenty (20) feet. (B) Private street intersections shall generally be at right angles; offsets at intersections of less than one hundred twenty-five (125) feet (centerline to centerline) should be avoided; intersection of more than two (2) streets at one point shall be avoided. (C) Dead-end private streets shall be limited to a maximum length of one thousand (1,000) feet and shall be provided with a vehicular turning space with a turning circle of eighty (80) feet in diameter. (D) All private streets shall be constructed of a minimum of asphalt and shall be well drained under normal use and weather conditions. (E) Private streets which may connect two (2) public street rights-of-way shall by the use of curves, offsets, location and/or the use of two (2) or more streets be located so as to discourage through traffic. (3) Recreational vehicle lots. Every recreational vehicle lot shall conform to the following standards: (A) Provide a minimum width of twenty (20) feet and a minimum depth of forty (40) feet. (B) Provide a recreational vehicle pad site which will provide a hard surface for the placement of one recreational vehicle. Minimum pad size shall be eleven (11) feet in width and thirty-five (35) feet in depth. Pads shall be impervious to plant material. (C) Setbacks. (i) Back-in lots: Pads shall be located a minimum of three (3) feet from the recreational vehicle side lot line and a minimum of five (5) feet from the recreational vehicle rear lot line (ii) Pull-through lots: Pads shall be located a minimum of three (3) feet from the recreational vehicle side lot line. (iii) All recreational vehicle pad sites shall be located a minimum of ten (10) feet from any recreational vehicle park property line. (D) Provide sewer, water and a minimum of 30-amp electrical hookups. One- half (1/2) of the lots shall be provided 50-amp electrical hookups. (E) Abut and/or have access to a private street for a minimum distance of fifteen (15) feet. (F) Frontage on two private streets shall be permitted to allow for pull- throughs. (G) Provide a minimum of one off-street parking space for each recreational vehicle site. One (1) common guest space shall be provided for every three (3) RV sites. All parking spaces shall have a permanent all-weather surface and shall conform to the city off-street parking and driveway standards. (H) No vehicular access to a recreational vehicle lot is permitted from a public dedicated street. (4) Common park facilities. Common park facilities shall be provided to conform to the following standards: (A) Usable open space. Usable open space shall be provided to conform to the following standards: (i) Conveniently situated and containing a minimum of one thousand (1,000) square feet for the first fifteen (15) recreational vehicle lots or three (3) acres in the recreational vehicle park; for each additional recreational vehicle lot over fifteen (15), twenty (20) additional square feet is required. (ii) Such open space may be in one or more areas but shall be of such size and shape as to afford reasonable use by the occupants. (iii) No portion of such required usable open space shall be used for off- street parking, vehicular drive loading areas or accessory uses, save and except recreational uses such as swimming pools and tennis courts. (B) Office. A minimum of three hundred (300) square feet of office space shall be provided to provide for the check-in/check-out of park patrons. (C) Restrooms and showers. A minimum of two (2) men's and two (2) women's or four (4) unisex restrooms and showers shall be provided. (Ordinance 06-070, Sec. 2, adopted 10/24/06; Ordinance adopting Code; Ordinance 16-056 adopted 10/25/16) Sec. 24.06.009 Reasonable accommodation It is the policy and practice of the city 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 to eliminate barriers to housing opportunities for persons with disabilities. The policy as adopted by Resolution No. 16-146 of the city is incorporated herein by reference to be used in conjunction with the purposes of this code. (Ordinance 17-008, Sec. 44, adopted 2/7/17) Secs. 24.06.010–24.06.040 Reserved Division 2. Permit 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. (1958 Code, Sec. 38-4; 1978 Code, Sec. 27-7; Ordinance 17-008, Sec. 41, adopted 2/7/17) 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. (1958 Code, Sec. 38-3; 1978 Code, Sec. 27-5; Ordinance 17-008, Sec. 42, adopted 2/7/17) 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. (1958 Code, Sec. 38-8; 1978 Code, Sec. 27-6; Ordinance 17-008, Sec. 43, adopted 2/7/17) ARTICLE 24.07 BUILDING NUMBERING Sec. 24.07.001 Prohibiting unmarked or incorrect number (a) It shall be unlawful for any person who owns a residence, business, house or other building in this city, or for any person who resides in a residence in this city, to fail to number such building with a plain and visible house number, or to fail to number such building correctly, so that the number of the same conforms to the plan adopted by the city. (b) Proof of a culpable mental state, as defined in chapter 6 of the Texas Penal Code, is not required to prove a violation of this section. (1958 Code, Sec. 33-39; Ordinance 92-42, Sec. 1, adopted 5/5/92; 1978 Code, Sec. 23-2) 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). (1958 Code, Sec. 33-40; Ordinance 92-42, Sec. 1, adopted 5/5/92; 1978 Code, Sec. 23-3; Ordinance 17-008, Sec. 45, adopted 2/7/17) ARTICLE 24.08 RESIDENTIAL CONSTRUCTION IN HIGH WIND REGIONS Sec. 24.08.001 Adoption The 2020 edition ICC 600 Standard for Residential Construction in High Wind Regions is hereby adopted and declared operative in the city. A copy of such code is on file in the office of the city clerk. (Ordinance 17-008, Sec. 46, adopted 2/7/17) 8 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a duplex within the R-S (Residential Single-Family Dwelling) District for property located at 5445 Garner Road. BACKGROUND Caitlin Button of DRC Construction, L.L.C. is requesting approval of a Specific Use Permit to allow a duplex at 5445 Garner Road. The existing structure is currently vacant and inhabitable. DRC Construction, L.L.C. intends to construct a duplex to rent the units. This will increase housing stock in Beaumont and offer a variety in housing types for tenants who do not wish to reside in an apartment. According to our City’s Comprehensive Plan the property is located within the “Stable Area.” Such areas are “built up areas which are generally characterized by good to excellent structural conditions and neighborhoods that are free from blighting influences such as incompatible land uses, dilapidated and delict buildings and deteriorated or poor public infrastructure. Vacant parcels which may exist are good to excellent development sites.” This request appears to align with our City’s Comprehensive Plan of Beaumont. This request received protest from the property owners comprising 28% of the surrounding land area. Section 28.02.008(d) of the City's Code of Ordinances states, "The city council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a specific use permit where a protest against such change (has been filed), signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by favorable vote of three-fourths (3/4) of all the members of the city council." At a Joint Public Hearing held on February 26, 2024, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a duplex within the R-S (Residential Single-Family Dwelling) District for property located at 5445 Garner Road Street, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. A 4’ wide sidewalk shall be installed along Garner Road. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment and/or FOG program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. A 4’ wide sidewalk shall be installed along Garner Road. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A DUPLEX WITHIN A R-S (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 5445 GARNER ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Caitlin Button, of DRC Construction, L.L.C., has applied for a specific use permit to allow a duplex in a R-S (Residential Single-Family Dwelling) District for property located at 5445 Garner Road, being Lot 1, Block 1, Tract B of Johnson and Sampson, Beaumont, Jefferson County, Texas, containing 0.428 acres, more or less as shown on Exhibit “A,” attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a duplex in a R-S (Residential Single-Family Dwelling) District for property located 5445 Garner Road, subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment, and/or F.O.G. program; and, 2. Construction plans shall comply with all applicable Fire and Building Code requirements; and, 3. A 4’ wide sidewalk shall be installed along Garner Road; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a duplex is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit allow a duplex in a R-S (Residential Single-Family Dwelling) District for property located at 5445 Garner Road, being Lot 1, Block 1, Tract B of Johnson and Sampson, Beaumont, Jefferson County, Texas, containing 0.428 acres, more or less as shown on Exhibit “A,” attached hereto is hereby granted to Caitlin Button, their legal representatives, successors, and assigns, as shown on Exhibit "B,” attached hereto and made a part hereof for all purposes, subject to the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment, and/or F.O.G. program. 2. Construction plans shall comply with all applicable Fire and Building Code requirements. 3. A 4’ wide sidewalk shall be installed along Garner Road. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto as Exhibit “B” the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2024. _______________________________ - Mayor Roy West - 9 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a church within the R-S (Residential Single-Family Dwelling) District for property located at 2190 Milam Street. BACKGROUND Charles Evans is requesting approval of a Specific Use Permit to allow a church at 2190 Milam Street. Proposed activities of the church include church services, bible study and Sunday school. Historically, this site was a church although records show water services being terminated in 2015. Due to the extended vacancy, it is no longer considered legal nonconforming use. Section 28.03.023 Permitted uses requires a church located in a residential zoning district to obtain a successful Specific Use Permit. It should be noted that this property currently has existing litter and weed violations. These cases will need to be resolved with the city prior to issuance of a Certificate of Occupancy. February 23, 2024, staff made an inspection and it was noticed work was being completed without the benefit of an approved building permit. A stop work order was posted that same day. At a Joint Public Hearing held on February 26, 2024, the Planning Commission recommended 6:0 to approve the request for a Specific Use Permit to allow a church within the R-S (Residential Single-Family Dwelling) District for property located at 2190 Milam Street, with the following conditions: 1. Shall remedy all code violations associated with 2190 Milam Street prior to issuance of a Certificate of Occupancy. 2. A parking lot permit shall be obtained and illustrate the proposed parking lot layout to be in accordance with city standards including installation of wheel stops to delineate spaces. 3. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements if the parking lot increases 25% or more in the number of parking spaces. 4. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment and/or FOG program. 5. Construction plans must meet all applicable Fire and Building Code requirements, including obtaining all applicable building permits. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance, with the following conditions: 1. Shall remedy all code violations associated with 2190 Milam Street prior to issuance of a Certificate of Occupancy. 2. A parking lot permit shall be obtained and illustrate the proposed parking lot layout to be in accordance with city standards including installation of wheel stops to delineate spaces. 3. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements if the parking lot increases 25% or more in the number of parking spaces. 4. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment and/or FOG program. 5. Construction plans must meet all applicable Fire and Building Code requirements, including obtaining all applicable building permits. ATTACHMENTS Legal Description Staff Report ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT TO ALLOW A CHURCH WITHIN A R-S (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 2190 MILAM STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Charles Evans has applied for a specific use permit to allow a church in a R- S (Residential Single-Family Dwelling) District for property located at 2190 Milam Street, being the Southwest 1/4, Block 6, Cartwright Terrace, Beaumont, Jefferson County, Texas, containing 0.358 acres, more or less as shown on Exhibit “A,” attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a church in a R-S (Residential Single-Family Dwelling) District for property located 2190 Milam Street, subject to the following conditions: 1. Shall remedy all code violations associated with 2190 Milam Street prior to issuance of a Certificate of Occupancy; and, 2. A parking lot permit shall be obtained and illustrate the proposed parking lot layout to be in accordance with City standards including installation of wheel stops to delineate spaces; and, 3. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements if the parking lot increases 25% or more in the number of parking spaces; and, 4. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment, and/or F.O.G. program; and, 5. Construction plans must meet all applicable Fire and Building Code requirements, including obtaining all applicable building permits; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a church is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit allow a church in a R-S (Residential Single-Family Dwelling) District for property located at 2190 Milam Street, being the Southwest 1/4, Block 6, Cartwright Terrace, Beaumont, Jefferson County, Texas, containing 0.358 acres, more or less as shown on Exhibit “A,” attached hereto is hereby granted to Charles Evans, their legal representatives, successors, and assigns, as shown on Exhibit "B,” attached hereto and made a part hereof for all purposes, subject to the following conditions: 1. Shall remedy all code violations associated with 2190 Milam Street prior to issuance of a Certificate of Occupancy. 2. A parking lot permit shall be obtained and illustrate the proposed parking lot layout to be in accordance with City standards including installation of wheel stops to delineate spaces. 3. Shall be in compliance with Section 28.04.006 Landscaping and screening requirements if the parking lot increases 25% or more in the number of parking spaces. 4. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City’s backflow, pre- treatment, and/or F.O.G. program. 5. Construction plans must meet all applicable Fire and Building Code requirements, including obtaining all applicable building permits. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B," and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto as Exhibit “B” the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2024. _______________________________ - Mayor Roy West - 10 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: March 19, 2024 REQUESTED ACTION: Consider a request for amendments to the Zoning Ordinance concerning yard requirements for planned unit and cluster housing developments, Sections 28.04.004 and 28.04.008. BACKGROUND The City of Beaumont administration requests approval to amend Sections 28.04.004 and 28.04.008 of the City of Beaumont Code of Ordinances to reduce the minimum required setback in PUD (Planned Unit Development) zoning districts and cluster housing developments. A setback is a required buffer from the closest edge of a permanent structure to the nearest property line. Our ordinances for PUD and cluster housing currently require a minimum front yard setback of twenty-five (25) feet from all public street rights-of-way and the boundary of the development. Section 28.03.023(b) District area and height regulations identify exterior side setbacks measuring at ten (10) feet in other zoning districts to be adequate distance to avoid sight obstructions. It is typical of PUD and cluster housing developments to house individuals who wish to have smaller yard space with larger homes, which are commonly referred to as patio homes. To meet emerging development trends and community needs, staff requests the setback requirement be reduced from twenty-five (25) feet to ten (10) feet. At a Joint Public Hearing held on February 26, 2024, the Planning Commission recommended 6:0 to approve the request for amendments to the Zoning Ordinance concerning yard requirements for planned unit and cluster housing developments, Sections 28.04.004 and 28.04.008. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS Memo to Planning Commission and City Council ORDINANCE NO. ENTITLED AN ORDINANCE ADMENDING CHAPTER 28, ARTICLE 28.04, SECTIONS 28.04.004 AND 28.04.008 OF THE CITY OF BEAUMONT CODE OF ORDINANCES RELATING TO YARD REQUIREMENTS FOR PLANNED UNIT AND CLUSTER HOUSING DEVELOPMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING FOR PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28, Article 28.04, Sections 28.04.004 and 28.04.008 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: § 28.04.004 Planned unit development standards and requirements. (a) General plan. Prior to the issuance of a specific use permit or any building permit for property located in a (PUD), Planned Unit Development District, a general land use and density plan must be submitted to the Planning Commission. The plan shall include a schematic land use plan identifying proposed general uses, densities, major open spaces, circulation and access features, and a statement indicating proposed phasing of development and the projected timing of each phase. The Planning Commission shall forward the plan with its recommendation to the City Council. The applicant shall pay a processing fee of one hundred dollars ($100.00). Advertisement and public hearings shall be held by the Planning Commission and City Council in accordance with the notification procedure set forth for a rezoning application. (b) Size. A Planned Unit Development District, may be authorized only on sites containing five (5) or more acres of land. However, sites less than five (5) acres will be considered on merit with a specific use permit. (c) Cluster housing. If the proposed development contains cluster housing, the minimum standards and requirements set forth for cluster unit housing developments set forth in Section 28.04.008(b)(1) of this Chapter shall apply. (d) Height and peripheral yard requirements. (1) Height. Structure and buildings located in a Planned Unit Development District shall not exceed thirty-five (35) feet, without specific authorization and approval from the City Council. (2) Yards. All buildings and structures shall be set back not less than ten (10) feet from any peripheral property line or street right-of-way. (Ordinance 81-17, Sec. 1, adopted 3/10/81; Ordinance 98-7, Sec. 8, adopted 2/3/98; 1978 Code, Sec. 30-29) § 28.04.008 Special conditions. (a) General. The following Sections describe the special conditions under which certain uses are permitted in a Zoning District when reference is made to one or more of said Sections in the Chapter. A building permit or certificate of occupancy shall not be issued for any permitted use with “special conditions” until all of the required conditions have been met. (b) Special conditions by use. (1) Cluster housing developments. Cluster housing developments shall meet each of the following conditions: (A) Area. The site shall contain two (2) or more acres of land. (B) Density. The minimum average net land area per dwelling unit shall be governed by Section 28.03.024(b), but shall not include public and private streets in the development. (C) Yards. A minimum ten (10) foot yard or open space area shall be required from all public street rights-of-way and from the boundary of the development. A minimum yard of ten (10) feet shall be established between all unattached dwellings. (D) Lot area and yards. Individual lots are exempt from the minimum lot area and yard regulations otherwise imposed in this Chapter. (E) Common open space. There shall be a minimum of one thousand (1,000) square feet of usable common open space per dwelling unit in the development. Common open space must be usable for recreational activities and must be assembled in contiguous areas of not less than ten thousand (10,000) square feet. (F) Final plat. A recorded final plat covering all the area of a cluster housing development shall be required before a building permit shall be issued. (G) Development phases. A description of planned development phases shall be included in the application for, and made a part of the approval of, the final plat for cluster housing development. Each scheduled phase of development shall include a reasonable proportion of required common open space. (H) Co-owners’ association and assessments. A co-owner association or other legal entity shall be created to provide for the retention and perpetual maintenance of all common open space, private utilities, and private streets and approved by the City Attorney. There shall be a declaration creating an association of co-owners, whether called by that name or any other, the membership of which shall be composed of all owners of lots or other units within the perimeter of the development. Voting within the association may be weighted in any manner, except that provision shall be made that upon the conveyance of all lots or other units by the applicant of the permit, each owner of each lot or other unit shall have an equal vote. The word “owner” shall mean the record owner, whether one or more persons or other unit which is a part of the development, including sellers under contract for deed, but excluding those having such interest as a security for the performance of an obligation. There shall be a declaration that each owner of a lot or other unit shall, by acceptance of a deed therefor, whether expressly stated in such deed or not, be deemed to covenant and agree to pay to the association the following minimum assessments and maintenance fees. (i) Private street maintenance. An assessment for ordinary maintenance and also a special assessment for capital improvements and extraordinary maintenance and repair of all private streets within the development. The word “street” as used in this subsection shall mean all paved or unpaved roads open to all owners of the development, so designated on the plat of the development, as distinguished from private driveways leading into one or more lots or other units. (ii) Utility, water and sewer assessments. A monthly assessment for each owner’s pro rata shares of the monthly utilities which may be metered or sold to the development as a unit; provided, however, that in the event one or more utilities are not provided to all owners within the development, the declaration may provide for a pro rata assessment as between those owners actually serviced by the utility, only. In addition to the monthly assessment herein above provided, there shall be declared provisions for special assessments for ordinary maintenance and repair, as well as a special assessment for extraordinary maintenance and repair, as well as capital improvements for, all sewage collection systems and water lines shared in common by, and servicing in common, all owners within the development, as distinguished from lines which serve only one or more units. Declarant may choose to dedicate water and sewer easements for water and sewer collection systems shared in common by all owners of the development that are within the perimeter of the development to the public, and, providing such dedication is accepted by the City, no assessment for the maintenance of water and sewer collection systems shared in common by the owners of said development shall be required. (iii) Maintenance of common open space. The applicant shall also submit a scheme, subject to the approval of the City Council, for assuring continued retention and perpetual maintenance of common green areas for as long a time as the development exists. The approved documents embodying restrictive covenants, deed restrictions or other methods of giving such assurance shall be filed for record in the County Clerk’s Office at such times as the Planning Commission or the City Council directs. (2) Adult entertainment uses. The following special conditions and regulations shall apply for adult entertainment uses without regard to whether the adult entertainment use is a primary or accessory use. Adult entertainment uses are those which exclude minors by virtue of age under the state Penal Code unless such minor is accompanied by a consenting parent, guardian, or spouse and shall include but not be limited to, adult motion picture theaters, massage parlors, nude modeling studios, nude photography studios, adult bookstores, or eating and drinking establishments which have sexually oriented entertainment such as go- go dancers, exotic dancers, strippers, or other similar entertainers. A) An adult entertainment use shall not be established or expanded within one thousand five hundred (1,500) feet of any dwelling. (B) An adult entertainment use shall not be established or expanded within three hundred (300) feet of any other adult entertainment use, bar, pool hall, or liquor store. (C) An adult entertainment use shall not be established or expanded within one thousand five hundred (1,500) feet of a church, child care facility, school, hospital, public building, or public park. (D) The method of measuring the distance between an adult entertainment use and another adult entertainment use or any other use shall be from nearest property line to nearest property line of said uses. (E) Eating places (SIC 5812) and drinking places (SIC 5813) that have adult entertainment and videotape rental (SIC 7841) that rents adult videotapes shall not be allowed in the RCR, NC, NSC, GC-MD and GC-MD-2 Districts. (3) Swimming pool. Exception for private recreation facilities under subsection (8) below. A) If located in any residential zoning district, the pool shall be intended and used solely for the enjoyment of the occupants of the principal use of the property on which it is located and their guests. (B) A pool may be located anywhere on a premises except in the required front yard, provided that the pool shall not be located closer than five (5) feet to any property line of the property on which located. C) The swimming pool shall be enclosed by a wall or fence six (6) feet in height with locking gates. (4) Mobile home. A mobile home shall be permitted only in a mobile home park or a mobile home subdivision or as a single-family use for security caretaker housing on property and facilities used as a governmental or public school district use through a specific use permit. (5) Garage apartments. Garage apartments that are occupied by members of the family of the occupant of the principal dwelling and that meet all yard, open space, and off-street parking requirements that are permitted. (6) Servant’s or caretaker’s quarters. Accessory dwellings are permitted only if located in the rear of a principal building on the same lot and only if conforming with all the yard, open space, and off-street parking requirements. (7) Accessory buildings. An accessory building may be erected as an integral part of the principal building or erected detached from the principal building and it may be connected by a breezeway or similar structure. An accessory building attached to the main building shall be made structurally a part and have a common wall with the principle building and shall comply in all respects with the requirements of this Chapter applicable to the main building. When a property owner owns two adjacent lots and wishes to erect an accessory building on the lot that does not contain a main building, the accessory building must straddle the adjoining lot line. Any utility service to an accessory building shall not be serviced from the main building. No separate utility meter will be allowed on an accessory building. (8) Private recreation facility. Private recreation facilities in Residential Districts shall for multifamily developments, subdivisions, or homeowners’ associations be restricted to use by the occupants of the residence and their guests, or by members of a club or homeowners’ association and their guests, and shall be limited to such uses as swimming pools, open game fields, basketball, shuffleboard, racquet ball, croquet, and tennis courts, and meeting or locker rooms. Private recreation facilities shall not be located within twenty-five (25) feet of any street right-of-way or within ten (10) feet of any abutting property line. Activity areas shall be fenced and screened from abutting properties. Dispensing of food and beverages shall be permitted on the premises only for the benefit of users of the recreation facility and not for the general public. Off-street parking shall be required on the basis of each four thousand (4,000) square feet of area devoted to recreational use with a minimum of four (4) spaces and a maximum of twenty (20) spaces. (9) Auto repair garage. Automobile repairing, painting, upholstering, and body and fender work shall be performed only under the following conditions: (A) All body and fender repairing shall be done within a completely enclosed building or room with stationary windows that may be opened only at intervals necessary for ingress and egress; (B) No spray painting may be done except in a building or room specially designed for that purpose; (C) All other auto repairing, etc., shall be conducted within a building enclosed on at least three (3) sides. (10) Temporary batching facility. Before a specific use permit may be granted for a temporary batching facility, the City Council shall find that such batching plant, yard, or building is both incidental to and necessary for construction within two (2) miles of the plant. A specific use permit may be granted for a period of not more than one hundred and eighty (180) days, and approval shall not be granted for the same location for more than four (4) specific use permits during any thirty (30) month period. Within thirty (30) days following the termination of any batching plant, the permittee shall cause the site to be returned to its original condition. (11) Restaurant. The sale of alcoholic beverages shall be permissible only as an adjunct, minor, and incidental use to the primary use which is the sale and service of food unless the restaurant is located in a district which permits drinking places as a use of right. (12) Offices. Office development in the OP, Office Park District, shall be subject to the following additional supplemental conditions: (A) A minimum ten (10) foot landscaped open space buffer strip shall be provided along any property line which abuts a Residential Zoning District. (B) A minimum twenty-five (25) foot landscaped open space area shall be provided in the required front yard and also in the side yard if the property is a corner lot. (C) No parking spaces shall be located in the minimum front yard or side yard if the property is a corner lot, and driveways shall provide direct access to any parking areas. (D) All lighting shall be so situated as not to reflect light on any residential property. (E) Building site coverage consisting of all buildings and structures and all paved surfaces shall not exceed ninety (90) percent of the total lot area. (F) Storefront, show window, or display window effects shall not be permitted and there shall be no display from windows or doors and no storage of merchandise in the building or on the premises except in quantities customarily found in a professional or business office. (13) Renting equipment. Special use permits are not required for the rental of equipment in a zoning district that permits the sale of the equipment as a right. (14) Accessory parking. Accessory parking of vehicles with more than two (2) axles or that have a rated carrying capacity in excess of two (2) tons, other than recreational vehicles, shall not be allowed in Residential Zoning Districts. (15) Storage limitations. In a GC-MD District a towing service shall only be permitted to store no more than ten (10) vehicles on the lot or premise on which it is located as a use of right. Storage of more than ten (10) vehicles shall be permitted only with a specific use permit. (16) Heliports and helistops. Heliports and helistops, as defined in Section 28.01.004(b), are subject to the requirements of Article 14.02, Division 2 of the City Code of Ordinances. (17) Veterinary services. Veterinary services and clinics in RCR, NC, NSC, GC-MD, GCMD-2, and CBD Districts shall be limited to the care of household pets and shall not provide overnight kennel services, except on a medical emergency basis. Overnight kennels and veterinary services not limited to household pets may be allowed in GCMD, GC-MD-2 and CBD Districts with a specific use permit. Veterinary services for animal specialties (SIC 0742) may be permitted as an accessory use to existing kennels (SIC 0752) with a specific use permit. (18) Permitted land uses. The land uses listed under SIC Group Number 20 through 26, 30 through 32, 34, 35, 37 and 44 shall be permitted within the GC-MD, CBD and C-M Zoning Districts if: (i) granted a specific use permit and (ii) it complies with the following conditions: (A) All business-related activities, including storage of materials and equipment, shall be conducted within a completely enclosed structure. (B) All lighting shall be situated so as not to cast or reflect light on any residential property. (C) A traffic circulation plan showing all parking, drives, loading/unloading areas, and curb cuts, and truck routes shall be submitted to the City Engineer for approval. The City Engineer may, as a condition of approval of the traffic circulation plan, restrict the size of trucks parked on the site or involved in deliveries and pickup. The City Engineer may also designate or restrict truck routes. (D) The maximum gross floor area for any lot or premise shall be five thousand (5,000) square feet. (E) Signs shall comply with the sign requirements for the NC, Neighborhood Commercial District. (F) Industrial performance standards, as specified in Section 28.04.007, will be applicable. (G) Special condition 18 shall not apply to temporary batching plants (SIC 295 and SIC 3273) and permanent batching plants (SIC 353). (19) Residential care uses. Compliance with the following conditions is required: Zoning District Minimum Square Feet of Lot Area Per Resident RMM 800 RMH 500 RCR 500 GC-MD 500 GC-MD- 2 500 CBD No minimum as determined by specific use permit PUD (A) At least fifteen (15) days prior to the issuance of a building permit and/or a certificate of occupancy, written documentation must be submitted to the Building Official outlining the type, size, location, characteristics, and proposed activities of the facility. The names, addresses, and phone numbers of the operators, general operation information, a site plan, and a list of the licenses and grants the facility will operate under must also be submitted. (B) The owners of property within two hundred (200) feet of the proposed facility’s property lines must receive a written notice of compliance with this Chapter no less than ten (10) days prior to the issuance of the building permit and/or the certificate of occupancy. The notice will contain a copy of the written documentation submitted to the Building Official as required in special condition (19)(A). A processing fee of one hundred twenty-five dollars ($125.00) shall be paid to the City. (C) A facility must be licensed, certified, or accredited by an agency of the county, state or federal government prior to providing services and the issuance of a certificate of occupancy. Approval of a specific use permit by City Council may be used in lieu of a license. (D) A facility must provide twenty-four (24) hour on-site supervision of its residents or clients. (E) A facility must comply with the following densities: (F) A sign measuring not less than ledger (eleven (11) inches by seventeen (17) inches) in size will be posted in the public right-of-way adjacent to the proposed facility’s location not less than ten (10) days prior to the issuance of a building permit. The sign will state the type of land use and the name, address, and phone number of the agent or agency responsible for the proposed facility. (20) Storage of plastic and rubber material. The storage of plastic and rubber material within the City limits shall meet the following conditions: (A) The warehouse shall be limited to a one-story structure with a height limit of forty-five (45) feet. (B) The warehouse shall be located on a lot of no less than ten thousand (10,000) square feet in area. (C) The building setbacks shall be a minimum of twenty (20) feet from any and all lot lines or as listed on the area and height regulations tables, Section 28.03.024(b) 2, and 3, whichever is greater. (D) The regulations of the Fire Code shall be complied with. (21) Garage sales are a permitted use in all the Residential Zoning Districts provided the following conditions are complied with: (A) A garage sale shall not be for more than three (3) continuous days; (B) No more than two (2) garage sales per calendar year per premises shall be allowed; (C) Hours of operation shall be limited from sunrise to sunset; (D) No merchandise shall be displayed or placed on the public right-of-way; and (E) Only one unlit sign, no larger than six (6) square feet, and set off of the public right-of- way shall be allowed. (F) Garage sales conducted out of a dwelling unit are exempt from the parking requirements. (22) Bed and breakfast facility. (A) General purpose and description. The establishment of bed and breakfast facilities has been found to not only provide an alternative type of lodging for visitors to the City, but the income for such facility provides incentives for maintaining the City’s older homes. This subsection is enacted on the basis of the public policy that supports the City as a tourist destination of persons interested in the architectural and historic significance of the City’s older residential structures. This subsection focuses on the need to provide an incentive for owners of the City’s older homes to continue occupancy and maintenance of historic structures. (B) Definition. An owner-occupied private home built prior to 1950 and located within an historic district or awarded an HC-L designation and/or of historic significance which offers lodging for paying guests, which serves food to only those guests and which allows for limited social functions as regulated in this subsection. (C) Special regulations for bed and breakfast facilities. (i) Structure. The bed and breakfast facility shall be operated within the principal structure and not in any accessory structure. The owner shall live in the main structure. The structure to be used as a bed and breakfast facility shall have been constructed prior to 1950 and be located in an Historical District or awarded an HC-L designation and/or of historic significance. (ii) Specific use permit required. (a.) A specific use permit granted by City Council is required for the establishment of a bed and breakfast facility, the granting of which is provided for in the City Code of Ordinances, Section 28.02.008. (b.) An application for a specific use permit shall be filed with the Director of Planning, who shall prepare a report for review by the Planning Commission and City Council. (c.) Issuance of a specific use permit by the City Council, after recommendation by the Planning Commission, is conditioned on whether the proposed bed and breakfast facility will be compatible with and will not adversely affect or be materially detrimental to adjacent uses, residents and buildings or structures. (d.) The specific use permit for a bed and breakfast facility shall expire once the applicant ceases to occupy the premises. Any subsequent occupant must apply for and be granted a new specific use permit prior to the continuation of use of the premises as a bed and breakfast facility. (iii) Size. A bed and breakfast facility shall not be less than two thousand five hundred (2,500) square feet in floor area. (iv) Number of guest rooms. A maximum number of five (5) guest rooms is allowed. (v) Management. The facility shall be owner occupied. (vi) Length of stay. Maximum length of stay is limited to fourteen (14) consecutive days in any thirty (30) day period of time. The resident owner shall keep a current guest register including names, addresses, and dates of occupancy of all guests. (vii) Signage. Signs shall be permitted upon approval of a building permit by the Chief Building Inspector and in accordance with the City Code of Ordinances, Section 28.04.003. In those zoning districts that prohibit signs, a nameplate, not to exceed two (2) square feet in size shall be permitted. The nameplate shall be nonilluminated and shall be attached either to the structure or to the fence surrounding the property. The nameplate shall be compatible with the style and detailing of the house. (viii) Parking. One (1) off-street parking space per guest room and for the owner is required. The maximum number of permitted spaces shall not exceed seven (7). The front yard shall not be used for off-street parking. All off-street parking must be screened from the street and from adjacent lots containing residential uses. Screening from the street and adjacent lots containing residential uses must comply with the standards established in the City Code of Ordinances, Section 28.04.006. (ix) Additions and alterations. No exterior additions or alterations shall be made for the express purpose of maintaining or adding to a bed and breakfast facility, other than those required to meet health, safety, and sanitation requirements. Minimal outward modification of the structure or grounds may be made if such changes are deemed compatible with the character of the area or neighborhood. Such alterations and additions must meet all zoning standards and Building Code requirements and must be approved by the Historic Landmark Commission (when such property is located in a historic district, awarded an HC-L designation and/or of historic significance). (x) Other uses. (a.) The sale and/or display of merchandise or other commodities is prohibited. (b.) Weddings, receptions, luncheons, cocktail parties, or any other such function for which the owner receives payment for the use of the facility, and which is not a function for the personal use of the owner, their friends or relatives, may be allowed if sufficient off-street or satellite parking is provided and documented. The number of functions shall not exceed twenty-four (24) events per year nor more than two (2) events per month. The Planning Division is to be notified of the functions taking place. Notification shall be filed with the Planning Division on a quarterly basis, indicating the type of function, the date, and the number of guests. The City Council may restrict the number of social events based upon neighborhood compatibility, lack of parking facilities, traffic generation, and/or traffic capaCity of surrounding streets. (xi) Health, fire and building considerations. All bed and breakfast facilities shall meet all applicable local and state regulations. (23) In GC-MD, SIC Group Number 15, 16, and 17 are permitted by right if there is no fabrication or outside storage or repair. (24) Cellular telephone transmission towers shall be prohibited within two hundred (200) feet of a residentially zoned property. The method of measuring the distance between the cellular telephone transmission tower and the Residential Zoning District shall be from the nearest lease or property line of the cellular telephone transmission tower facility to the nearest Residential District boundary. (25) Temporary portable storage containers may be located as a temporary structure on property within the City for a period of no more than thirty (30) days. No more than two (2) temporary portable storage containers may be located on a specific piece of property within the City at any one time. Such temporary container shall not be located on a specific property more than two (2) times in any given thirty (30) calendar day period. Such temporary container shall be located no closer than five (5) feet to the property line unless placed on an existing impervious driveway. No container shall be placed on public right-of-way. Such container shall not exceed eight (8) feet in height, eight (8) feet in width or twenty (20) feet in length. No advertising other than the name of the company, its phone number, and its website shall appear on the container. It shall be the obligation of the owner or user of such temporary container to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary container. In the event of high winds or other inclement weather conditions in which such structure may become a physical danger to persons or property, the appropriate Code Enforcement Officer(s) may require the immediate removal of such temporary container. In the event of fire, hurricane, or natural disaster causing substantial damage to the dwelling structure, the property owner may apply to the Planning Manager for permission to extend the time that a portable on demand storage container may be located as a temporary structure on the property. Extensions shall be for periods of thirty (30) days with no more than two (2) grants of extensions allowed. (26) On undeveloped property in a GC-MD District, the parking of commercial vehicles with more than two (2) axles or that have a rated carrying capaCity in excess of two (2) tons shall require the granting of a specific use permit. (27) Single-family or duplex industrialized housing must have all local permits and licenses that are applicable to other single-family or duplex dwellings. Any industrial housing shall: (A) Have a value equal to or greater than the median taxable value of each single-family dwelling located within five hundred (500) feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified appraisal for the county. Value shall be defined as the taxable value of the industrialized housing and lot after installation of the housing; (B) Have exterior siding, roofing, roof pitch, foundation fascia, and fenestration compatible with the majority of the single-family dwellings located within five hundred (500) feet of the lot on which the industrialized housing is proposed to be located; (C) Comply with building setbacks, the subdivision ordinance, and other site requirements applicable to single-family and duplex dwellings; and (D) Be securely fixed to a permanent foundation as defined by the City adopted Building Codes. Permanent foundation shall mean one of the following: (i) Pier and beam foundation as designed by a registered professional engineer licensed in the state. (ii) A combination pier and footing as designed by a registered professional engineer licensed in the state. (iii) A monolithic poured-in-place slab as designed by a registered professional engineer licensed in the state. (28) Living in recreational vehicles shall not be permitted except in designated recreational vehicle parks. (29) For the purpose of this Section, bottle clubs, which shall be defined as social meeting places where patrons are served drinks from their own bottles of alcoholic beverages shall be classified under SIC Group 5813, Drinking Places. This definition shall not include eating places that serve individuals from the individual’s own bottle or private stock. (30) Eighteen (18) wheeler trailers shall not be used as storage units except in the LI and HI Districts. (31) Mobile food units shall not be stored in A-R, RS, RM-M, RM-H, RCR, and RCR-H Districts. (Ordinance 81-17, Sec. 1, adopted 3/10/81; Ordinance 81-58, Sec. 1, adopted 7/28/81; Ordinance 82-109, secs. 2, 3, adopted 9/14/82; Ordinance 86-89, Sec. 3, adopted 8/2/86; Ordinance 87-33, Sec. 2, adopted 4/28/87; Ordinance 87-60, Sec. 2, adopted 7/28/87; Ordinance 87-74, Sec. 3, adopted 9/22/87; Ordinance 87-79, Sec. 1, adopted 10/13/87; Ordinance 87-84, Sec. 1, adopted 10/27/87; Ordinance 89-10, Sec. 1, adopted 2/28/89; Ordinance 89-14, Sec. 2, adopted 3/7/89; Ordinance 89-21, Sec. 2, adopted 4/25/89; Ordinance 92-63, Sec. 3, adopted 8/25/92; Ordinance 93-69, Sec. 3, adopted 11/23/93; Ordinance 98-7, Sec. 11, adopted 2/3/98; Ordinance 02-029, Sec. 2, adopted 4/23/02; Ordinance 02-058, Sec. 1, adopted 8/27/02; Ordinance 05-010, Sec. 1, adopted 1/11/05; Ordinance 05-034, Sec. 2, adopted 3/39/05; 1978 Code, Sec. 30-33; Ordinance 07-096, Sec. 3, adopted 9/25/07; Ordinance 07-124, Sec. 1, adopted 12/4/07; Ordinance 08-066, Sec. 3, adopted 8/26/08; Ordinance 08-097, Sec. 2, adopted 11/4/08; Ordinance adopting Code; Ordinance 12-031, Sec. 10, adopted 6/26/12; Ordinance 12-074, secs. 10-11, adopted 9/25/12; Ordinance 13- 003, secs. 4—5, adopted 1/15/13; Ordinance 13-033, Sec. 2, adopted 6/4/13; Ordinance 21-026 adopted 5/4/21). Section 2. That if any Section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2024. _______________________________ - Mayor Roy West - WORK SESSION Review and Discuss Proposed Changes to Chapter 6 and Chapter 10 of the City Ordinances 11 TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae Reed, City Attorney MEETING DATE: March 19, 2024 REQUESTED ACTION: Council consider a request for amendments to the Tow Trucks, Tow Companies, and Tow Truck Operators Ordinance; Sections 6.08.003 and 6.08.005. BACKGROUND Staff would like to amend Sections 6.08.003 and 6.08.005 of the City Code of Ordinances to provide for greater enforcement and stronger penalties. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. ATTACHMENTS ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING SECTIONS 6.08.003 AND 6.08.005 OF THE CODE OF ORDINANCES TO PROVIDE FOR GREATER ENFORCEMENT AND STRONGER PENALTIES. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 6, Article 6.08, Sections 6.08.003 and 6.08.005 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: § 6.08.003 Permit Required; Application; Fee; Placement on Rotation List (c) Denial/suspension/revocation. (2) An individual identified as an owner of a towing company on the application who has been convicted within five (5) years of a violation of any City of Beaumont ordinance that relates to the duties and responsibilities involved in the operation of a towing company may have their application for permit denied or have any permit suspended or revoked by the chief of police. § 6.08.005 Denial, Suspension or Revocation of Permit or License (1) Violation of any provision of the City Code of Ordinances, The Texas Transportation Code, Texas Vehicle Storage Facility Act, or Section of the Texas Occupations Code regarding operation of tow trucks, towing companies, or vehicle storage facilities by owners, agents or employees of a towing company shall subject the towing company to the following administrative action regarding their towing company permit: These changes would put an offending towing company’s license to operate at risk for any relevant violations of the City ordinances, instead of simply risking fines for certain violations. Section 2. That if any Section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2024. _______________________________ - Mayor Roy West -