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Home My WebLink AboutORD 24-011ORDINANCE NO. 24-011 ENTITLED AN ORDINANCE AMENDING CHAPTER 24 OF TIIE 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 See. 24.01.001 Contraetoi•'s bona 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 ender 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) See. 24.01.002 Fee schedule (See New Documents) Fee Description Fee Administrative Tees Usage fee $2.00 Mininnun permit fee $35.00 Certificate of occupancy $75.00 Temporary certificate of occupancy IF $45.00 Reinspection fee $25.00 Overtime inspections (minis urn 4 fours at $35.00 per hour] $140.00 New address oi- address Shan es 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 tip 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 IF $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 $200.01 Demolition permit fee - Residential demolition $75.00 Demolition permit Fee - Commercial demolition $150.00 Plan Review Fees Connnercial 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 Perinits Pre -final service $35.00 Recom-section $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 A1C outlet $2.50 Ceiling fans $1.60 Bells, buzzers and ehimes $2.10 Dishwasher $2.10 Disposal $2.10 Dryer $2.50 Elevators $3 5.00 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 -IF Reground $15.00 Water heater $2.50 Welding machine JE:$2.50 Yard lamps $2.50 Signs/electrical $3 5.00 Swimming Pool Aboveground $16.50 In -ground $75.00 Plumbi!M I+ ees Air conditioning drain 1E $3.00 Dental chair L- $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 like $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 IL $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 2I7I17; Ordinance 19-036 adopted 6/18/19) ARTICLE 24.02 TECHNICAL AND CONSTRUCTION CODES AND STANDARDS Division 1. GeucrallY Sec. 24.02.001 Reasonable accommodation It is the policy and practice of the City to provide reasonable acconunodations 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, See. 2, adopted 2/7/17) Secs.24.02.002-24.02.050 Resei^ved Division 2. Buildin 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, ren}oval, 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 Rilly 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) See.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 with 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 witlAiold 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 pe . 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: Buildin . 1. Fences not over 6 feet (1,829 min) high. 2, Retaining walls that are not over 4 feet (1,219 nun) in height measured front the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding class 1,11, 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 swinmaing pools accessory to a group R-3 occupancy that are less than 24 inches (610 rain) 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 -fancily dwellings. 8. Window awnings supported by an exterior wall that do not project more than 54 inches (1,372 inn) 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 sum) 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 requited 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. (111) 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 coinniencing 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 filly 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 begirding 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 nrimbers shall contrast with their background. Address numbers shall be Arabic numbers. Numbers shall be a minimum of 4 inches (102 nnm) high with a minhilum stroke width of 1/2 inch (12.7 min). 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 Tennporary 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 disconr ected 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 bear 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) rnernbers. 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, of 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 fide imposed by the Municipal Court shall be the same as the fate 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 perforated not in accordance with the International Building Code and the holder refuses to correct the violation after being givers 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 intposed by the bond has not been met or has been violated; or (4) Failure of the bored 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 filial, The bond holder may not perform arty 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) Hearin. 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 childcare 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 R314A 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 frorn 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 intercormected. Section 310.1.2. Registered child-care hone. Shall be licensed by the Texas Department of Family and Protective Services. Registered childcare honks 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 front the Dire 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 sewed 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 Dome. 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 nun-iber 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 ho7ne, 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 niay provide care after school horns for not more than six (6) additional elementary school children. The total munber 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 fine spriiflder 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.E Code requirements, All systems shall meet all federal, state, and local codes. Section I004.3 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 fire 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 fianne 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 min) or higher if located in Exposure B or 30 feet (9,144 min) 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 wail must cover three (3) sides of structure. Permanent foundations must meet Texas Windstorm Tic -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 governtnental 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 rrleasurement. 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 n-ray 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) clays 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 cofective 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 inaintained 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 natter, 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 11-ay 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 (ruin. 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 tree (3) inches high, niay 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 baokfill 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 shine 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 an -ended 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, See. 1, adopted 7/14/81; Ordinance 83-14, sees. 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, See. 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, See. 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) Sees.24.02.053-24.02.100 Reserved Division 3. Residential Code See.24.01.101 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; 1979 Code, See. 6-173; Ordinance 10-057, See. 25, adopted 8/3/10; Ordinance 17-008, Sec. 5, adopted 2/7/17) See.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 deeined 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 min) high. 2. Retaining walls that are not over 4 feet (1,219 nuns) 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 nuu) 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 min) from the exterior wall and do not require additional support. Electrical. 1. Listed cord -and -plug connected temporary decorative lighting. 2. Reinstallation of attaciunent 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 slake such equipment unsafe. 2. Portable-firel-cell appliances that are not connected to a fixed piping system and are not intercomlected 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 -Reel -cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Pf uribin . 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 ally 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 fioin figure R301.2(4)B equal or exceed 100 miles per hour (45 n-Lls) in hurricane -prone regions, or 110 miles per hour (49 na/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. I. 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 5230). 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 fiorn the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers. Numbers shall be a rninimum of 4 inches (102 nhahh) high with a minimum stroke width of 1/2 inch (12.7 min). Where access is by paeans 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 mininhum of five (5) No. 5 bars in the footing, minimum footing width for a one (1) story is 15 inches. Mininhunh 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. Ccilin R-Value for Climate Zone 2 38. Section N1103.6 of the Internnational 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 nun) high and 22 inches (559 mm) wide and not move 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 mrn) deep and 30 inches (762 nmi) 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 min. 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 nlinilnum 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 maid. 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 P30021 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. Buildingsewer. ewer. Building sewer main piping shall be a miniminl of four (4) inches and conform to P3002.I I. 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 excludilly, 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 dearest 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, See. 1, adopted 12/18/01; 1978 Code, Sec. 6-174; Ordinance 10-057, See. 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, See. 27, adopted 8/3/10) Sees.24.02.104-24.02.150 Reserved Division 4. Plumbing Code See.24.02.151 Adoption (a) The title of this Division shall be "Tile 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: ppro>ed or cpproyal. Approved by the Plumbing Inspector, National, state, and City standards shall be the basis of such approval. Journevinan plumber. Any person who is employed by a person (who is by training, experience, and education competent to lay out, design and install a plunnbirng 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 bolds 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 Iicensed 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. Phanbiijg contractor. Any person or firin 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 sunder the jurisdiction of this plumbing inspection authority. (Ordinance 10-057, Sec. 18, adopted 8/3/10) See.24.02.153 Amendments Section 101.2 of the Uniforin 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 Uniforin 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 annended to read as follows: Section 402.5. Fixtures shall be set level and in proper aligrunient 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 1/2 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 connpartnnents shall be not less than 900 square inches in interior cross - Sectional area. Section 422.1 of the Uniform Phinnbing 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 pleasured along the centerline of the passageway. Section 601.3.2 of the Uniform Plumbing Code is hereby ap-iended 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 Phimbing Code is hereby amended to read as follows: Section 603.43. 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 mai-lioles are used instead of cleanouts, the manholes shall be located at intervals of not more than 400 feet. Section 718.1 of the Upifofrn 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 1/4 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) See. 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 journcynlan, 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 coulee to the notice of the Chief Plumbing Inspector or his assistants that such supervision and control are not being maintained, the inspector nnay order the work to be discontinued and the person to whom the permit has been issued shall discontinue fiurther work until proper supervision has been employed or supplied. (Ordinance 10-057, See. 20, adopted 8/3/10) Sees.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. 6470; Ordinance 10-057, See. 21, adopted 8/3/10; Ordinance 17-008, Sec. 9, adopted 217117) See.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 [301.71 Electrical. All electric connections between fitel-fired appliances, mechanical equipment, etc., and the building wiring shall conforin 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: ection 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 fronn 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 nun) high and 22 inches (559 nun) wide and not more than 20 feet (6096 nun) 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 min) wide. A level service space not less than 30 inches (762 min) deep and 30 inches (762 nun) wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimurn of 20 inches by 30 inches (508 mm by 762 nun), and large enough to allow removal of the Iargest 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 nun) high and 22 inches (559 nuu) 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 -dawn 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, See. 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) Sees.24.02.203-24.02.250 Reserved Division 6. Fuel Gas Cade See.24.02.251 Adoption The 2021 edition of the International Fuel Gas Code, including Appendix A, 13, 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 Cleric. (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, See. 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) See.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 frilly 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 colulected. 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) Sees.24.02.253-24.02.300 Reserved Division 7. Existing Building Code See.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 813/10; Ordinance 17-008, Sec. 13, adopted 2/7117) See.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 unlawfiil 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 froin 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 sti-icture 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; conunercial 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 conunercial 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. 1 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 inay 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 (I0) 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. S. 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, See. 14, adopted 2/7/17) Sees.24.02.303-24.02.350 Reserved Division 8. Property Maintenance Code See.24.02.351 Adoption There is hereby adopted by the City for the purpose of establishing miles 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 sane 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) See. 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 deen-red 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 inrposes a fine, the file imposed by the Municipal Court shall be the same as the fine for cacti 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 requited 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 firinly 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 of are not capable of supporting all nominal loads and resisting all load effects; S. Roofing or roofing components that have defects that admit raid, 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 nonninal 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. Demoliti0n of unsafe conditions shall be perjnitted 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 detern-tined 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 comiections not capable of supporting all nominal loads and resisting all load effects; Ei. 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 ten-porary power. (Ordinance 10-057, Sec. 29, adopted 8/3/10; Ordinance 17-008, Sec. 16, adopted 2/7/17) Sees.24.02.353-24.02.400 Reserved Division 9. International Energy Conservation Code See.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 cotmnercial 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, tnodifted, or amended by this code. (Ordinance 10-057, Sec. 30, adopted 8/3/10; Ordinance 17-008, See. 17, adopted 2/7/17) Division 10. International Swimming Pool and Spa Code See.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 fiilly 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 accorninodations 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 acconuuodation 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 217117) Sees.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 shalt be controlling the construction, alteration, repair, removal, dennolition, 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, See. 4, adopted 8/3/10; Ordinance 17-008, Sec. 20, adopted 2/7/17) See.24.03.032 Definitions As used in this code, the following definitions shall apply: Approwd or qpproi . 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 systenn 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 nnaster 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 tinder the jurisdiction of this electrical inspection authority. Eazrirr�ent. Conductors, materials, fittings, devices, appliances, fixtures, signs, apparatus, motors, and the like, used as a part of or in connection with any electrical installation. Journevinan 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 Rirnish any materials or supplies in the performance of his work and holds a journeyman electrician license. Journeyinan sign erector. Any person who is employed by a master sign electrician to install signs for wages and who does not fiirnish any materials and supplies in the performance of his work and holds a journeyman sign electrician license. Maintenance and re air . The act of keeping in a state of safe operating condition any conductor or piece of equipment used inside or outside, attached or cozutceted to any building electrical system, by replacennent 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 pernnanent 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 ivork. The installing, maintaining, altering, repairing, or crecting 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 Linder the terms of this code, except that overhead conductors may be attached to buildings. (1958 Code, See. 11-2; Ordinance 83-34, See. 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) See.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) See.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 mamier 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. (1959 Code, Sec. 11-4; 1978 Code, Sec. 6-53) See.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) Sighs 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 crection 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) See. 24.03.036 Sale of electrical equipment f (a) Prohibited sales. It shall be unlawfiil 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 eng_erally. 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 cquipment 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 of 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 workinnaznship on the Article approved is changed. When the material or workmanship is changed, the Article shall be reexamined for approval. (3) 1 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 Ynay be appealed for review by the Board of Appeals. (5) The Chief Electrical Inspector shall keep in his office a coinplete 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, sees. 6-57-6-59) Sees.24.03.037-24.03.070 Reserved Part 11. Eleetriciarns See. 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, See. 11-41; 1978 Code, Sec. 6-80; Ordinance 07-017, Sec. 7, adopted 2/20/07) See. 24.03.072 Master electrician's office Every master electrician, if he qualifies as an electrical contractor, nxust 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) See. 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, sees. 11-45, 11-62; Ordinance 83-34, See. 7, adopted 4/5/83; 1978 Code, See. 6-92; Ordinance 10-057, Sec. 5, adopted 8/3/10) Sees.24.03.074-24,03.100 Reserved Part I11. 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 Rill 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 hire 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, See. 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 perinits 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 diagrain 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 infornnation: (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) Plazas 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) See.24.03.103 Tees See Section 24.01.002, adoption of fee schedule, of this code. (1958 Code, Sec. 11-29; Ordinance 75-28, See. 1, adopted 4/15/75; Ordinance 83-40, See. 1, adopted 4/19/83; Ordinance 03-080, Sec. 4, adopted 10/14/03; 1978 Code, See. 6-102; Ordinance 10-057, Sec. 6, adopted 8/3/10; Ordinance 17-008, Sec. 21, adopted 217/17) 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 wade for permits that have become void. (1958 Code, Sec. 11-33; 1978 Code, Sec, 6-103) See.24.03.105 Cancellation The Building Official shall have the right to declare a permit mill and void if there has been misrepresentation of facts or any violation of the provisions of this code. (1958 Code, See. 11- 34; 1978 Code, See. 6-104; Ordinance 10-057, Sec. 7, adopted 8/3/10) Sees.24.03.106-24.03.130 Reserved Part TV. 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; 1979 Code, See, 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, See. 11-35; Ordinance 75-28, Sec. 2, adopted 4/15/75; Ordinance 78-13, Sec. 1, adopted 2/7I78; 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, See. 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 217117) 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 inspeetion 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, See. 6-114) See. 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—Conecaled knob and tube work Article 394—Electrical non-metallic tubing Article 334—Non-mctallic 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, 0) Built-in microwave ovens. (k) Refrigerators (4) Low voltage wiring_. All low voltage wiring and devices shall be installed according to the requirerrients 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 -fancily residences where three (3) number sip; (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 unlawfiil 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 switelics or switchboards, or to alter or change circuit breakers so that the original calibration will be affected, or to tic 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, See, 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, See. 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 discoruiect on the exterior of all commercial buildings. (Ordinance 10- 057, Sec. 12, adopted 8/3/10) See. 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, See, 6-119; Ordinance 10-O57, 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. (Ordinal -tee 76-90, Sec. 1, adopted 8/17/76; Ordinance 87-41, See. 9, adopted 5/26/87; 1978 Code, Sec. 6-119.1) Sees.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) See. 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 recormection and use of such wiring, devices, or equipment. (b) Whenever the service wires are once disconnected in any conin-tercial 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 faul y 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 refiise to issue to any such person any Rullrer perirnits 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 chaixges 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) See. 24.03185 Leaving worts 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. (195 8 Code, Sec. 11-58; 1979 Code, Sec. 6-124) Sec. 24.03.186 Removal of dead wires, etc. It shall be the dirty 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 unlawMl for any unauthorized person to, in any mariner, change or alter electrical conductors or equipment in of 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 male 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 discormection or discontinuance of electrical service to such wiring, devices or equipment until same has been made safe, as directed. (1959 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, See. 1, adopted 5/12/98; Ordinance 05-019, Sec. 1, adopted 2/8/05; 1978 Code, See. 14- 50; Ordinance 10-059, See. 2, adopted 8/3/10; Ordinance 17-008, Sec. 23, adopted 2/7/17) See. 24.04.002 Declared nuisances All unsafe substandard structures within the terns 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; 1979 Code, See. 14-51; Ordinance 10-059, Sec. 3, adopted 8/3/10; Ordinance 17-008, See. 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) bays. (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 hnternational 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 udder 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 fife, the fine imposed by the Municipal Court shall be the sane 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 die 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. (b) 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 Linder this Section shall be nailed 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 Stich 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 Goveriu-nent 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 Flarming 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, See. 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, See. 2, adopted 2/8105; Ordinance 05-032, See, 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 217/17) 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) See. 24.04.007 Enforcing officer powers and chxties 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 constriction, 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 stricture, (2) Neither the enforcing officer nor any employee of the department shall engage in any work which is in conflict with their dirties 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 stricture 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 217117) Sec, 24.04.008 Assistance by other departments The enforcement officer is to seek the assistance of the Fine 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 Ludt 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) Ali unsecured, unoccupied building is hereby defined to be any structure that currently has no legitinnate occupant or tenant and which has missing or unlocked doors or windows, of 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 of "Notice to Secure" to be given to the owner of the property as such owner appears on the tax rolls of the City of 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 snail addressed to the owner at the owner's post office address. If notice camiot 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 Lit-dutown, 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, See. 29, adopted 2l7/17) Sees.24.04.011-24.04,040 Reserved Division 2. Rehabilitation Agency See.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. DvtWling uni . 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, See. 1, adopted 2/11/92; 1979 Code, Sec. 14-73) Sec. 24.04.043 Creation of fiend There is hereby created a rehabilitation deferred loan fiind, to be fimded with Department of Horsing and Urban Development fiinds, to make deferred loads to owners of dwelling units in project areas who are Linable to secure or qualify for fiends 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; 1979 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 fiends should the property be sold prior to five (5) years after the commencennent 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, See. 14-80) See. 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 PRE'VENTIONX 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 govertnnental 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 arc 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) See. 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, See. 6-27) See. 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 inay increase flood hazards to other lands. (Ordinance 02-050, sees. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-28) See.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. AlluWal an floodin . blooding occurring on the surface of an alluvial fain 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. pex. A point on an alluvial fan or similar landform below which the flow path of the major stream that forined the fan becomes unpredictable and alluvial fan flooding can occur. Appe(d. 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 shyllois, floodhig. 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-inalcing has been completed in preparation for publication of the FIRM, zone A usually is refined into zone A, AE, AH, AO, Al-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. Basen7ent. Any area of the building having its floor subgrade (below ground level) on all sides. Board of ad'ustinen . 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. Developigent. Any elan -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 buildin . A non-baseinent building; (1) Built, in the case of a building in zones Al-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 Al-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. Existhig 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 ianufactured hoine park or subdNision. 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 sheets, 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 on existing inane actured ]aortae 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 eflooding. 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 niap (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 sly. 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. KoodLlain or flood prone area. Any land area susceptible to being inundated by water from any source (see definition of flooding). Flood laity raaana ement. 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. Flood plain nianagernent 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 tern describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FloadprooLg. Any combination of structural and nonstructural additions, changes, or adjustntents 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 systern. Those physical structural works for which fiends 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. Floodwcry (regulalor),_floodu,ay). The charmel 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 cam -jot perform its intended purpose unless it is located or carried out in close proximity to water. The tern. 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. Hi hest 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 prograrn 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. Loi-mst 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 peen-ianent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The terns "manufactured home" does not include a "recreational vehicle." Manufactured Koine park or subdNision. 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 neap are referenced. New construction. For the purpose of determining insurance fates, structures for which the "start of construction" conmienced 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 conu-nunity and includes any subsequent improvements to such structures. Neva, manufactured Dome 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 proj ections; (3) Designed to be self-propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a pernanent dwelling but as temporary living quarters for recreational, carping, 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 innprovennent 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 nianuufactured 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 claniW. 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 iniprovenzent. 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 run-tecessary hardship. A variance, therefore, permits construction or development in a maiuier 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 conuliunity'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. Njater° 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) See. 24.05.007 Basis for establishing the areas of special flood hazard The areas of special flood hazard identified by the Federal I inergency 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. 6-3 1) See. 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) See.24.05.009 Compliance No structure or land shall hereafter be located, altered, or have its use changed without Rill 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) See. 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 unlit nor repeal any other powers granted under state statutes. (Ordinance 02-050, sees. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-35) See, 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 lmply 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, sees. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-36) Sees.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) See. 24.05.042 Duties and responsibilities of the floodplain administrator Duties and responsibilities of the floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this Article, (2) Review permit applications to determine whether proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding, (3) Review, approve or deny all applications for development permits required by adoption of this Article. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the Floodplain Administrator shall make the necessary interpretation. (6) Notify, in riverine situations, adjacent communities and the State Water Development Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood -carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Section 24.05.007, the Floodplain Administrator shall obtain, review, and reasonably utilize any base flood elevation data and floodway data available from a federal, state, or other source, in order to administer the provisions of Division 3. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within zones Al-30 and AE on the conununity'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 Al-30, AE, and AH on the community's FIRM which increases the water surface elevation of the base flood by more than one (1) foot, provided that the community first applies for a conditional FIRM revision through FEMA, (Ordinance 02-050, sees. 1, 2, adopted 7/9/02; 1979 Code, Sec. 6-38; Ordinance 17-008, Sec. 31, adopted 2/7/17) See. 24.05.043 Permit procedures (a) Application for a development permit, in the floodplain, shall be presented to the Floodplain Administrator on forms firrnished by them and niay 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 inforn-ation 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 Rilly 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. 0) Prerequisites for granting variances: (1) Variances shall only be issued upon a determination that the variance is the minin-ILim 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 improveruents 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) Sees.24.05.045-24.05.070 Reserved Division 3. Provisions for Flood Hazard Reduction See. 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 improven-ents 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 constriction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated a nainin-wm of one (1) foot six (6) inches above the base flood elevation. A registered professional engineer, architect, our 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 sleeting 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 flame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. (B) Require that manufactured homes that are placed or substantially improved within zones Al-30, AH, and AE on the conul-ninity'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 all 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 Dome park or subdivision within zones Al-30, AH, and AE on the conu-nunity's FIRM that are not subject to the provisions of subsection (4) of this Section be elevated so that: (i) The lowest floor of the manufactured home is a minimum of one (1) foot six (6) inches above the base flood elevation; and (ii) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (5) Recreational vehicles. Require that recreational vehicles placed on sites within zones Al- 30, AH, and AE on the coins unity's FIRM either: (A) Be on the site for fewer than one hundred eighty (180) consecutive days; (B) Be frilly 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-disconneet type utilities and security devices, and has no permanently attached additions. (Ordinance 02-050, sees. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-42; Ordinance 17-008, Sec. 34, adopted 2/7/17) See. 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 2I7I17) Sec, 24.05.074 Standards for areas of shallow flooding (AOIAH 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 pending 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) ITave 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 (I3) 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 Tloodways 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 encroaclu-nent would not result in any increase in flood levels within the corninunity 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 Rill 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) See. 24.05.077 Conflict of laws Within a flood hazard area, the provisions of this Article shall tape precedence over any conflicting municipal laws, ordinances, or codes. (Ordinance 02-050, secs. 1, 2, adopted 7/9/02; 1978 Code, Sec. 6-47) See. 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 217117) ARTICLE 24.06 MOBILE HOMES, MANUFACTURED HOMES AND RECREATIONAL VEHICLES Division 1. Generally See.24.06.001 Definitions As used in this Article, the following terms shall Have the meanings ascribed to them: Recreational vehicle. A vehicular type uinit 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 Bad. That area of a recreational vehicle Iot 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 laird 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 ally 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{7117) See. 24.06.004 Parldng 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 rnaxinium 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 fight -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 firture 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 maxinnuun 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 comicet 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 confornm to time 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) lnmpervious 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 corer 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 time rear trailer coach lot line (the end of time 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 I private street and five (5) feet from any Class 2 private street; provided fiirther, 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. (1) 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 rninimum 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 rises, save and except recreational uses such as swimming pools and tennis courts. (6) Off-street parkin. Off-street parking shall be provided at a rate of one and one-half (1-112) 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 (1 S) 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; (li) 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-IA, 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 cormnnercial property, providing ftarther 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 tines so the trailer park shall be safe for occupants and visitors; provided Rirther all entrances and exits shall be lighted. (10) Refuse disposal. Facilities shall be provided for the storage, collection and disposal of refiise of the occupants of the trailer park. A refiise pickup easennent 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) See. 24.06.006 Minimum standards for type "B" trailer park A trailer park, type "B," hereafter established, constricted, erected, extended, altered, expanded and/or improved shall conform with the following minimum standards: (1) Park area. Each trailer park "B" shall provide a mininum 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 mininiLinx 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 east -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. (1) 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. (3) 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 snail 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) See. 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, See. 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 conforn-i 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 Wrning space with a turtling 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 Ilse of curves, offsets, location aid/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 conforin to the following standards: (A) Provide a minimum width of twenty (20) feet and a rninimum 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. (1) Back -in lots: Pads shall be located a minimum of three (3) feet from the recreational vehicle side lot line and a mininwin of five (5) feet from the recreational vehicle rear lot lime (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 ruses, 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-iri/cheek-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) See. 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 217117) Sees.24.06.010-24.06.040 Reserved Division 2. Permit Sec. 24.06.041 Building permit i-equired 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 dove within a trailer park type "A" or "B" as defined herein without obtaining a building permit from the Building Official; provided fiirther, 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, See. 27-7; Ordinance 17- 008, Sec. 41, adopted 2/7117) See. 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 Plaiuling, 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 refiise to examine any incomplete, unintelligible or indefinite drawings or plans, and such proposed trailer park type "A" or "B" plans shall conform to the mininnum standards as set out in Sections 24,06.005 and 24.06.006. (1958 Code, See. 38-3; 1978 Code, Sec, 27-5; Ordinance 17-008, Sec. 42, adopted 217117) See. 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 iminediately 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 minfinu t standards. (3) The permit holder, an employer or any einployee of the permit holder has refiised 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 sauce for compliance with the provisions of this Article and any other applicable City ordinance. (1958 Code, Sec, 38-8; 1978 Code, See. 27-6; Ordinance 17-008, Sec. 43, adopted 2/7/17) ARTICLE 24.07 BUILDING NUMBERING Sec. 24.07.001 Prohibiting uninarked or incorrect number (a) It shall be unlawfiil 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 sane 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; 1979 Code, See, 23-3; Ordinance 17-008, Sec. 45, adopted 2/7/17) ARTICLE 24.08 RESIDENTIAL CONSTRUCTION IN HIGH WIND REGIONS See.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, Sea 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 Goveriu-nent Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of March, 2024. �i