STANDARD BUILDING TRADE CODE
AN ORDINANCE
REGULATING THE BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL CONSTRUCTION OF
ALL STRUCTURES AND BUILDINGS IN THE CITY OF PORT LAVACA; PROVIDING FOR THE
ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFORE; PROVIDING FOR BUILDING
SETBACK LINES; PROVIDING PENALTIES FOR THE VIOLATION WHEREOF; REPEALING ALL
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF PORT LAVACA:
SECTION 1: PURPOSE
The purpose of this code is the
practical safeguarding of persons and property. These codes are to be
considered the minimum requirements for all types of construction in the City
of Port Lavaca. The Chief Building Official is assigned the responsibility of
building trade code licensing, permitting, interpretation and enforcement.
SECTION 2: GENERAL
In order to establish uniform
rules, regulations and provisions for the placement, construction, enlargement,
alteration, repair, moving, removal, conversion, demolition, occupancy,
equipment, use, height, area and maintenance of buildings, signs and
structures, there is hereby adopted by the City of Port Lavaca the following
building trade codes: the "Standard Building Code" specifically the 1999
Edition with appendixes A, C, D and E, the 1998 International One and Two
Family Dwelling Code, the 1999 Standard Gas Code, the 1997 International
Plumbing Code, the 1997 Standard Mechanical Code and the 1999 National Electric
Code; including all codes specifically incorporated by reference, save and
except for the following deletions, amendments, and for additions.
(A)
Section 102.2.1, relating to the Building Official, is deleted in its entirety
and the following substituted:
The
City Manager shall designate the Chief Building Official for the City of Port
Lavaca.
(B) Wind Loading
The City of Port Lavaca specifically does not adopt any special
windstorm construction rules.
Any references in any code that address any special construction
methods for wind loading are excluded from adoption. The design windload for
the City of Port Lavaca under this ordinance is 80 MPH.
The Texas Department of Insurance adopts and enforces a Windstorm
Construction code in our area. Compliance with the Texas Department of
Insurance Windstorm Construction Code is required to be eligible for Texas
Catastrophe Property Insurance Association (Catpool) insurance.
(C)
Section 103.5, relating to unsafe buildings, is deleted as that is covered by
separate ordinance.
(E)
Committees
The Chief Building Official,
Public Works Director, City Manager or Mayor shall have the right and authority
to call together committees as needed to receive advice and discuss building
trade related issues. Committees should consist of five contractors and/or
citizens with an interest in the subject the committee is called for. The Mayor
and Chief Building Official shall be a member of all committees formed.
(F) Licensing of Contractors
(1)
GENERAL CONTRACTORS
It
shall be the duty of every contractor or builder, who shall make contracts for
the erection, repair or demolition of buildings or structures for which a
permit is required in the City or its Extra-Territorial Jurisdiction or that is
or will be connected to the City’s Water and/or Sewer system and every
contractor or builder making such contracts, and subletting the same or any
part thereof, to pay a license fee according to the following method:
(a) A
home owner who constructs or repairs his own residence or other property owned
and operated by the owner is exempt from the licensing provision of this
ordinance, however, any subcontractors must be licensed.
(b)
The first year each contractor or builder applies for such license, he shall
pay a license fee of Seventy Five ($75.00), which license may be renewed each
year thereafter upon payment of a license fee of Twenty Five Dollars ($25.00).
Such license shall be for a period of one year from the day of issuance.
(2)
ELECTRICAL CONTRACTORS
(a)
It shall be unlawful for any person to perform electrical work without first
obtaining an electrical license.
(b)
It shall be unlawful for any person to engage in the business of installing,
maintaining, altering or repairing any wiring, fixtures or equipment used for
the conduct of electricity for which an electrical permit is required by the
City of Port Lavaca, nor shall any person in any manner undertake such work
unless such person is the holder of the appropriate electricians license as
required by this ordinance.
(c)
Every electrical contractor must have a current license as a Master
Electrician. Every Master Electrician must have and maintain an established
place of business and shall have a telephone.
(d)
It shall be unlawful for any person to falsely represent himself as a licensed
electrician of any class set forth in this ordinance or to use the words
"Electrical Contractor, "Master Electrician",
"Electrician", or words of similar meaning on signs, cards,
stationary or by any other manner whatsoever, unless said person is properly
licensed within the meaning of the word or words used as provided in this
ordinance.
(b)
CLASSIFICATION OF LICENSES
There
shall be seven (7) classes of license which shall be known as follows:
(1)
Master Electrician
(2)
Limited Master Electrician - Sign
(3)
Limited Master Electrician - Elevator
(4)
Limited Master Electrician - Governmental
(5)
Maintenance Electrician
(6)
Journeyman Electrician
(7)
Apprentice Electrician
(c)
METHOD OF LICENSING
To secure a license as a
qualified and competent electrician in any of the classes designated by this
ordinance, an application shall be made in writing and filed with the
Electrical Inspector. The application shall show the applicant’s name, address,
telephone number, previous work history and proof of successful passing of the
SBCCI electricians examination for the class of license applied for. Three
references shall accompany the application that verify the applicants work
history and general ability to perform the work required by the license being
sought. Upon review and approval by the Electrical Inspector and payment of the
appropriate fees the applicant may be issued an electricians license.
In the event the Electrical
Inspector denies an applicant an electrician license, said applicant may appeal
this decision to the Building Trades Board of Adjustments and Appeals.
The City of Port Lavaca shall
not practice reciprocation or any other means of licensing not consistent with
this ordinance.
|
(1) |
Applicants for a license as a
Master Electrician shall not be less than eighteen (18) years of age and have
not less than five (5) years of experience in the installation, alteration
and repair of electrical equipment. Applicant must submit proof that they have
successfully passed the SBCCI Standard Master Electrician Exam. "Master
Electrician" as used in this ordinance shall mean any person engaged in
or carrying on the business of electrical contracting, who is by training,
experience and education competent to lay out, design and install a system of
wiring for light, heat and power. |
|
(2) |
Limited Master Electrician -
Sign. "Limited Master Electrician - Sign" shall mean any person who
is engaged in the business of manufacturing and/or installing electric signs.
The applicant shall not be less than eighteen (18) years of age and have a
minimum of four (4) years experience in the electrical sign field. Applicant
shall submit proof that they have successfully passed the SBCCI Standard
Master Sign Electrician Examination. The work authorized with this license
shall be limited to the controls and wiring associated with signs. |
|
(3) |
Limited Master Electrician -
Elevator. "Limited Master Electrician - Elevator" shall mean any
person who is engaged in the business of installing, maintaining and
repairing elevators. The applicant shall not be less than eighteen (18) years
of age and have a minimum of four (4) years experience in the electrical
controls and wiring associated with elevators. Applicant shall submit proof
that they have successfully passed the SBCCI Standard Elevator Electrician
Exam. The work authorized by this license shall be limited to the controls
and wiring associated with elevators. |
|
(4) |
Limited Master Electrician -
Governmental. "Limited Master Electrician - Governmental" shall
mean any person who is employed by a governmental entity (City, County,
School, Hospital, etc.) as a repair electrician. This license is valid only
for work performed on property and systems owned and operated by a government
entity. Applicant must have a minimum of five (5) years experience working as
a maintenance electrician. Applicants employer must submit a letter verifying
the applicants experience and qualifications, listing his or her job duties
and approving him to receive a license under these rules. |
|
(5) |
Maintenance Electrician.
"Maintenance Electrician" shall mean electricians regularly
employed on a permanent basis by any one person and who performs work only in
the confines of the building or on the premises where they are regularly
employed on a permanent basis and who do electrical maintenance work.
Applicants shall not be less than eighteen (18) years of age and have not
less than two (2) years of experience as a maintenance electrician. Applicant
shall submit proof that they have successfully passed the SBCCI Standard
Maintenance Electrician Examination. |
|
(6) |
Journeyman Electrician.
"Journeyman Electrician" shall mean any person who is employed to
do electrical work for wages and who does not furnish any materials or
supplies in the performance of his work. Applicant shall not be less than
eighteen (18) years of age and have not less than three (3) years experience
as an apprentice electrician. Applicant shall submit proof that they have
successfully passed the SBCCI Standard Journeyman Electrician Examination.
Applicant shall certify that they will not independently engage in the
business of contracting electrical work. |
|
(7) |
Apprentice Electrician.
"Apprentice Electrician" shall mean any person who is engaged in
the learning of and assisting in the installation, maintenance or repair of
electrical systems under the direct supervision of a person holding a license
of any of the foregoing classifications or that is enrolled in a certified
trade school pursuing a course in the electrical trade. An apprentice
electrician shall not be less that sixteen (16) years of age. |
(D)
ELECTRICAL LICENSING - GENERAL
In
the actual work of installing, maintaining, altering or repairing any
electrical conductors or equipment for which a permit is required by ordinance,
there shall be present and in direct supervision a qualified electrician of the
proper classification. It shall be required that an electrician of the license
classification of the first four grades listed in this ordinance shall be
liable and responsible for layout and technical supervision of any work which
requires the securing of a permit, and a Journeyman or higher classification
grade electrician shall be in direct on the job supervision of work carried on
as specified herein; except in work falling under the classification of Sign or
Elevator, which work shall be directly supervised by the person holding such
license or a Master Electrician. A Master Electrician must be in direct on the
job supervision of the installation of electrical services for all new or add
on installations of signs or elevators.
(E)
FEES FOR ELECTRICAL LICENSE
The license fee shall be paid
before the issuance of a license and only after approval of the Electrical
Inspector.
|
License Class |
Registration Fee |
Annual Renewal Fee |
|
Master Electrician |
$75.00 |
$25.00 |
|
Limited Master - Sign |
$75.00 |
$25.00 |
|
Limited Master - Elevator |
$75.00 |
$25.00 |
|
Limited Master - Governmental |
0 |
0 |
|
Maintenance Electrician |
$75.00 |
$25.00 |
|
Journeyman Electrician |
$50.00 |
$25.00 |
|
Apprentice Electrician |
0 |
0 |
(F)
LICENSE
A license shall be prepared and
issued by the Electrical Inspection Department in the licensing of each
classification of electrician provided for under this ordinance.
A valid license shall bear the
signature of the Electrical Inspector, or his or her designee, and be issued
only after the applicant or licensee has paid to the City the required annual
fee for the classification.
All licenses shall expire one
year from the date of their issuance, and unless renewed, the holder shall be
deemed unlicensed under the provisions of this ordinance; provided, however,
that reinstatement and renewal may be done by payment of twice the annual
renewal fee within three months of the date of expiration. Failure to secure
reinstatement and renewal within three (3) months from the expiration date of
the license will require that the electrician meet all the requirements of an
initial license applicant.
(G)
LICENSES NOT REFUNDED OR PRORATED
Annual
license fees shall not be prorated on licenses issued after the renewal date.
Refunds shall never be given for un-expired portions of annual license periods.
(H)
LICENSE NOT TRANSFERABLE
It
shall be unlawful for any person to lend, rent or transfer his license or any
rights thereunder to any person, or for any person to make use of such rights
which are not actually his or her own.
(I)
ALTERING OR AMENDING LICENSE
It
shall be unlawful for any person other than the Electrical Inspector to alter
or amend in any manner any instrument of registration as set forth herein.
(J)
DISPLAY OF EVIDENCE OF LICENSE
Every
holder of a license shall carry their license card on their person at all times
while doing electrical work and shall produce and exhibit it when requested by
the Electrical Inspector, Fire Marshal, or other proper official of the City of
Port Lavaca.
(K)
EXEMPTION OF LICENSE REQUIREMENTS
The following classes of work
may be carried out by persons who are not licensed electricians after a permit
has been obtained.
(1) Persons doing one and two
family dwelling wiring additions and/or remodels.
(2) The replacement of lamps
and fuses, and the connection of portable devices to suitable receptacles when
receptacles have been permanently installed.
(3) The installation, alteration
or repair of electrical wiring, devices, appliances and equipment installed by
or for an electric public service corporation operating under a franchise from
the City of Port Lavaca.
(3) PLUMBING CONTRACTORS
It shall be unlawful for any
person to engage in the business of installing, maintaining, altering or
repairing any plumbing fixture, pipe or apparatus for which a plumbing permit
is required by the City of Port Lavaca unless such person is the holder of the
appropriate Plumbing license as issued by the Texas State Board of Plumbing
Examiners.
All plumbers who perform such
work in the City of Port Lavaca shall register their license with the City of
Port Lavaca before performing any work or obtaining a plumbing permit. There
shall be no charge for this license registration.
(4) MECHANICAL
CONTRACTORS
It shall be unlawful for any
person to engage in the business of installing, maintaining, altering or
repairing any Mechanical system, fixture, piping or apparatus for which a
mechanical permit is required by the City of Port Lavaca unless such person is
the holder of the appropriate Air Conditioner and Refrigeration Contractors
License as issued by the Texas Department of Licensing and Regulation.
All mechanical contractors who
perform such work in the City of Port Lavaca shall register their license with
the City of Port Lavaca before performing any work or obtain a mechanical
permit. There shall be no charge for this license registration.
SECTION 3:PERMIT FEES
Section 104.7, schedule of
permit fees, of all Standard Codes are amended to read as follows:
Section 3313.2(2), relating to
cost of the building, is deleted in its entirety
Section 3313.5, relating to
notices to be given by the Building Official, is amended to read as follows:
The contractor moving the
building is responsible for notifying the Police Department, Fire Department,
Telephone Company, Electric Company or others whose property may be affected by
such removal.
(A) BUILDING:
On all buildings, structures or
alterations requiring a building permit as set forth in 104.1, a fee for each
building permit shall be paid as required at the time of filing application.
Said fee to be determined as
follows:
(1)
Permit Fees
|
Class |
From |
To |
Base Fee |
Multiplier |
|
I |
$0.00 |
$1,000.00 |
$15.00 |
0.000 |
|
II |
$1,000.01 |
$4,000.00 |
$15.00 |
0.005 |
|
III |
$4,000.01 |
$25,000.00 |
$35.00 |
0.003 |
|
IV |
$25,000.01 |
$100,000.00 |
$75.00 |
0.002 |
|
V |
$100,000.01 |
$500,000.00 |
$200.00 |
0.0015 |
|
VI |
$500,000.01 |
And higher |
$300.00 |
0.001 |
Re-inspections,
when required shall be subject to an additional $20.00 fee.
(2)
Moving of building or structure:
For
the moving of any building or structure, the fee shall be $15.00. This fee does
not include portable buildings less than 500 square feet or mobile homes.
(3)
Demolition of building or structure:
For
the demolition of any building or structure, the fee shall be $15.00
(4)
Penalties: Penalties and/or fines assessed for violations of this ordinance
shall be paid in addition to any required fee.
Where
work for which a permit is required by this code is started prior to obtaining
said permit, a penalty equal to the building permit fee shall be assessed.
Payment
of such penalty fee shall not relieve the persons from fully complying with the
requirements of this Code in the execution of the work nor from any other
penalties prescribed herein.
(B) ELECTRICAL:
Fees for inspection of all
electrical work and appliances shall be made and collected in accordance with
the following schedule:
Permit Issuance Fee $15.00
All
fees listed below are in addition to the permit issuance fee.
Commercial Construction
Total Valuation of Electrical
Contract
|
From |
To |
Fee |
|
$0.00 |
$100.00 |
0 (No Permit Required) |
|
$100.01 |
$1,000.00 |
$5.00 |
|
$1,000.01 |
$3,000.00 |
$7.50 |
|
$3,000.01 |
$10,000.00 |
$7.50 for the first $1,000.00
plus $5.00 for each additional $1,000.00 or fraction thereof. |
|
$10,000.01 |
And above |
$50.00 for the first
$10,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof. |
|
Re-inspection fee |
$20.00 |
|
New residential construction |
$20.00 |
|
Residential remodeling,
repair or inspection only |
$15.00 |
|
Meter Loop and Temp. Pole |
$10.00 |
(C) PLUMBING PERMIT FEES
Permit issuance fee $15.00
All fees listed below are in
addition to the permit issuance fee.
|
For each plumbing fixture,
floor drain, trap or gas fixture (including water and drainage piping) |
$2.50 |
|
For each House Sewer (new,
repair or replace) |
$5.00 |
|
For each House Water Supply
Line (new, repair or replace) |
$5.00 |
|
For each Gas supply line
(new, repair or replace) |
$5.00 |
|
For each water heater and/or
vent |
$2.50 |
|
For installation, alteration
or repair of water piping and/or water treating equipment |
$5.00 |
|
For repair or alteration of
Drainage or vent piping |
$5.00 |
|
For Vacuum breakers or
backflow protection devices |
one to five devices $5.00
over five, each $1.00 |
If any person commences any
work before obtaining the necessary permit all permit and inspection fees shall
be doubled.
If a re-inspection fee is
required, an additional fee of $20.00 will be charged.
(D) MECHANICAL:
Permit
Issuance Fee $15.00
All
fees listed below are in addition to the permit issuance fee.
Fee for inspection heating,
ventilating, ductwork, air-conditioning and refrigeration systems shall be
$10.00 for the first $1,000.00 or fraction thereof of valuation of the
installation plus $2.00 for each additional $1,000.00 or fraction thereof.
Fee for inspecting repairs,
alterations and additions to an existing system shall be $7.00 for the first
$1,000.00 or fraction thereof of valuation of the installation plus $2.00 for
each additional $1,000.00 or fraction thereof.
If any person commences any
work before obtaining the necessary permit all permit and inspection fees shall
be doubled.
If a re-inspection fee is
required, an additional fee of $20.00 will be charged.
SECTION 4: BUILDING
SETBACKS
DEFINITION: For the purpose of
this ordinance, building setback lines refer to the distance buildings or
structures must be from the property line.
|
(A) |
A building permit will not be
issued which does not conform to the designated setback lines with the
following exceptions: Existing buildings which encroach on the setback lines
may be remodeled or enlarged providing no additional encroachment on setback
lines occur. Overhangs and eaves not in excess of 21 inches shall not
constitute a building in this application. |
|
(B) |
The Original Townsite or
existing subdivisions which are not listed in Appendix A must comply with the
minimum setback lines as defined in this ordinance. |
(C) Minimum setback
requirements:
|
(1) |
Front Setback Lines: Minimum
front setback lines shall be 15 feet. Corner lots shall have a minimum 10
foot setback on the side street. |
|
(2) |
Rear Setback Line: Minimum
rear setback lines shall be 10 feet from the center of a utility easement or
no less than 5 feet in cases where no easement exists. |
|
(3) |
Side Setback Line: Minimum
side setback lines shall be 10 feet from the centerline of a utility easement
or no less than 5 feet in cases where no easement exists, except on corner
lots which require a 10 foot setback on side street. |
|
(4) |
Double Frontage: Where lots
are double fronted on a front and back street, the subdivision plat shall
designate the front lot line and all buildings shall face that street. |
|
(5) |
Commercial lots: Property
platted as a commercial subdivision may request a variance from these setback
requirements. All such requests must be made in writing and approved by the Planning
Board and the City Council prior to a building permit being issued. It shall
be understood that any construction on lots where a variance is granted shall
conform to the Standard Building Code Ordinance and shall not be built within
10 feet from the centerline of a utility easements. |
|
(6) |
Building lines for existing
subdivisions, as determined by the deed restrictions and/or the subdivision
plat, shall be listed in Appendix A of this ordinance. Where these deed
restrictions and this ordinance conflict the more stringent shall apply. |
|
(7) |
Setback lines for new
subdivisions must comply with this ordinance, the Subdivision and Plat
Ordinance or with the deed restrictions of the new subdivision, whichever is
more restrictive. |
|
(8) |
Any person owning lots
contiguous to each other may build across any interior lot lines without
obtaining a variance or violating this Ordinance, provided however, in no
event shall this Ordinance be construed to allow any person, firm or
corporation to build within 10 feet of the centerline of any utility
easement. |
|
(9) |
Property owners in an area
where there are no subdivision restrictions may request a variance to these
set back requirements. A request for variance will be made in writing to the
Planning Board. The Planning Board will make a recommendation to the
City Council for approval or disapproval. The City Council will be the final
authority for granting or rejecting all requests for variances. |
|
(10) |
Pole signs, Ground signs
under 3 feet in height, fences under 3 feet in height and less than 30% solid
and vegetation under 3 feet in height may be erected, installed or planted in
the area protected by the setback lines upon the determination by the
Building Official that the proposed item(s) will not interfere with the clear
view of traffic traveling the streets in their vicinity or will not interfere
with any utility easement or City right of way. |
|
(11) |
Concrete flat work used for
driveways or sidewalks may not be installed closer than six (6) inches from
the neighboring property line unless there is an existing easement. In these
locations no concrete may be poured within 10 feet of the centerline of an
easement. There shall be no vertical rise higher than 4" above existing
grade permitted in these locations. |
SECTION 5: ENFORCEMENT
|
(A) |
|
SECTION 6: REPEALING
CLAUSE
All ordinances or parts of
ordinances in conflict herewith are hereby repealed, including the following
ordinances:
G-08-88
Standard Gas Code Ordinance
G-10-88
Standard Mechanical Code Ordinance
G-09-88
Standard Plumbing Code Ordinance
G-04-95
National Electrical Code Ordinance
G-10-95
Standard Building Code Ordinance
As
well as any amendments made to these ordinances.
SECTION 7: EFFECTIVE
DATE
The
effective date of this ordinance shall be May 1, 1999.
FIRST READING this 12th day of
April, 1999
/s/Mayor
SECOND READING this 26th day of
April, 1999
/s/Mayor
PASSED AND APPROVED this 26th
day of April, 1999
/s/Mayor
ATTEST:
/s/City
Secretary