Ordinance 13-C-08 - Amending Chapter 18ORDINANCE N0.13-C-08
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY - OF
SCHERTZ, TEXAS AMENDING THE CODE OF ORDINANCES OF THE-
CITY BY AMENDING CHAPTER 18, BUILDINGS AND BUILDING
REGULATIONS, ARTICLE I, GENERAL REQUIREMENTS; ARTICLE
II, THE BUILDING CODE; AND ARTICLE III, THE RESIDENTIAL
CODE PROVIDING A PENALTY CLAUSE; REPEALING ALL
ORDINAi~ICES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY
WHEREAS, the City Council of the City of Schertz, Texas (the "City") desires to protect
the safety and welfare of the citizens of the City through regulation of construction activities in
the City;
WHEREAS, the Planning and Zoning Commission ("P&Z") of the City voted to
recommend approval of the provisions regulating construction activities set forth herein at the
P&Z meeting on March 27, 2013;
WHEREAS, the City Staff of the City has recommended that the City Council adopt the
provisions set forth herein, which regulate construction activities in the City; and
WHEREAS, the City Council has determined that the regulation of construction activities
in the City, as set forth herein, is in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS:
Section 1. Chapter ~ 8, Buildings and Building Regulations, Article II, Building Code
of the Code of Ordinances, City of Schertz, Texas is hereby amended as follows:
Sec. 18-39 -Amendments.
The building code adopted by section 18-38 is hereby annended as set forth in the
following paragraphs of the section:
Section 1801.2 Design is hereby amended to add the following new paragraph to the end
of Section 1801.2:
"All foundations shall be designed by a registered Professional Engineer in the State of
Texas and all drawings and documentation must be signed and sealed. Design Engineers
must be registered with the City of Schertz. Documentation shall include:
1, Design letter referencing soils report numbers, date of report, and soils
engineer Hama; specific location including lot, block and subdivision; specifc
design criteria including soil bearing capacity, plasticity index, and potential
vertical rise. The engineer shall also approve a concrete mix design with
performance criteria based on soils and seasonal conditions.
2. Signed and sealed drawings clearly indicating the strand and reinforcement
placement, pier size, depth, location, and reinforcing, beam size and location,
and any special details. Design calculations must be included.
3. Design engineer must perfol•trl apre-pour inspection and provide the City of
Schertz with a signed and sealed document stating that the foundation has
been inspected and approved. This inspection must take place prior to
requesting a foundation inspection fiom the City of Schertz. The design
engineer shall be present during placement of concrete to verify concrete mix
design and seasonal conditions during placement, and verify tensioning and
~~ elongation of cables if it is apost-tension foundation.
4. Letter from the engineer indicating that rough grading of the lot occurred
immediately after form removal to maintain drainage away from foundation
duling the construction process.
5. The engineer must provide to the City of Schertz a Letter of Final Acceptance
stating that the foundation has been placed in compliance with the design prior
to issuance of a Certificate of Occupancy.
6. Prior to issuance of a Certificate of Occupancy, the engineer shall provide a
letter indicating that a strength test was performed on the batch of concrete
and the results of the concrete strength test were consistent with the acceptable
range specified in the foundation design. Copies of relevant logs or test results
fiam the concrete manufacturer shall also be provided.
"After foundation construction, but prior to commencement of framing, the owner or
applicant shall provide the building official of the City with a sealed certification from an
engineer licensed to practice in the State of Texas and registered with the City of Schertz
that the concrete has adequately cured to allow for framing of the first floor only to occur.
Prior to placing any additional load on the slab the owner or applicant shall provide the
building official of the City with a sealed certification from an engineer licensed to
practice in the State of Texas that the concrete has adequately cured to allow an
additional load to be placed on the slab, including framing above the first floor. In no
event small this be less than 3 days after the foundation was poured.
If the foundation is apost-tension foundation that it was designed after the engineer's
consideration of (a) the Post-Tensioning Institute's Construction and Maintenance
Manual for Post-Tensioned Slab-on-Ground Foundations, 3d Edition; (b) the Post-
Tensioning Institute's Design of Post-Tensioned Slabs-on-Ground, 3d Edition with 200$
Supplement; and the soil test conducted for the lot."
"Post-Tension foundations must be inspected by aPost-Tensioning InstiMe {PTI) Level
1 or 2 Unbonded PT Inspector prior to placing a load on the slab or commencement of
framing. Additionally, the PTI Level 1 or 2 Unbonded PT Inspector must provide
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foundation design drawings, shipping lists, material certifications, jack certifications,
stressing records, and concrete placement records (as described in the Post-Tensioning
Institute's Construction and Maintenance Manual for Post-Tensioned Slab-on-Ground
Foundations, 3d Edition) to the City.
Section 1802.2 Where required is hereby amended to add the following neiv paz•agxaph
to the end of Section 1802.2:
"Notwithstanding the foregoing, prior to issuance of a building permit, the owner or
applicant shall provide to the building official for the City a soil test (geotechnical
investigation) for the lot signed, sealed, and made by a geotechnical engineer licensed to
practice in the State of Texas. The sail test shall contain design recommendations. The
soil test shall be conducted within the area where the building foundation is to be located
and the owner shall provide a survey of the lot to the City indicating the location of the
soil test. Such soil test report shall be referenced on the building permit application aiang
with a signed and sealed statement from an engineer licensed to practice in the State of
Texas that the foundation{s} on the lot was/were designed in consideration of the results
shown in the soil test report far that lot. The owner{s) of the property shall provide a
letter stating that no cut or fill was done subsequent to the soil test being conducted. The
Exception to Section 1802.2 stating `The building official need not require a foundation
or sails investigation where satisfactoxy data fiom adjacent areas is available that
demonstrates an investigation is not necessary for any of the conditions in Sections
1802.2.1 tlu•ough 1802,2.6' is hereby deleted."
Section 1846.1 General is hereby amended to add the following new paragraphs to the
end of Section 1806.1:
"Construction of a retaining wall in excess of four (~) feet in height, as measured from
the bottom of the footing of the wall to the top of the wall, constructed on public property
or to be dedicated to the City as a public improvement, as a part of the overall subdivision
civil plans and the Development Pez7nit application process, shall require submission to,
and approval by, the City Engineer of the City of detailed retaining wall design plans
sealed by an engineer licensed to practice in the State of Texas, prior to commencing
construction of such wall. Construction of such retaining wall shall also require
submission to, and approval by, the City Engineer of the City of a sealed engineering
inspection report verifying the construction of the retaining wall in conformance wi#h the
retaining wall design plans in order to close out the Development Permit.
Construction of a retaining wall in excess of four {4} feet in height, as measured from the
bottom of the footing of the wall to the top of the wall, constructed on private property
and that will not be dedicated to the City as a public improvement, as a part of the
building peirnit application process, shall require submission to, and approval by, the
building official of the City of detailed retaining wall design plans sealed by an engineer
licensed to practice in the State of Texas, prior to commencing construction of such wall.
Construction of such retaining wall shall also require submission to, and approval by, the
so3zoszs.z - 3 -
building official of the City of a sealed engineering inspection report verifying the
construction of the retaining wall in conformance with the retaining wall design plans in
order to close out the building permit.
On lots with a retaining wall in excess of four {4} feet in height, as measured from the
bottom of the footing to the top of the wall, in addition to the designated rear and side
yard setbacks, a maintenance and access easement for the benefit of the adjacent property
owners and the City on either side of the retaining wall, as necessitated by the design of
the retaining wall and in accordance with the signed and sealed engineering plans, shall
be required for retaining wall maintenance and to prevent any incursion into fill material.
The required area of the easement shall vary according to the retaining wall design and
adjacent property access and shall, at a minimum, include all of the fill area. Any
incursion into a retaining wall fill for maintenance and construction of utilities shall
require the submission to, and approval by, the building official of the City of detailed
design plans, sealed by an engineer licensed to practice in the State of Texas, prior to
commencing construction on such incursion. All other incursions are prohibited."
Section 2. Chapter 18, Buildings and Building Regulations, Article III, Residential
Code of the Cade of Ordinances, City of Schertz, Texas is hereby amended and restated as
follows:
Sec. 18-68 -Amendments.
The residential code adopted by section 18-67 is hereby amended as set forth in the
following paragraphs of the section:
Section R401.2 Requirements is hereby amended to add the following new paragraph to the end
of Section 441.2:
"All foundations shall be designed by a registered Professional Engineer in the State of
Texas and all drawings and documentation must be signed and sealed. Design Engineers
must be registered with the City of Schertz. Documentation shall include:
1. Design letter referencing soils report numbers, date of report, and soils
engineer name, specific location including lot, block and subdivision; specific
design criteria including soil bearing capacity, plasticity index, and potential
vertical rise. The engineer shall also approve a concrete mix design with
performance criteria based on soils and seasonal conditions.
2. Signed and sealed drawings clearly indicating the strand and reinforcement
placement, pier size, depth, location, and reinforcing, beam size and location,
and any special details.. Design calculations must be included.
3. Design engineer must perform apre-pour inspection and provide the City of
Schertz with a signed and sealed document stating that the foundation has
been inspected and approved. This inspection must take place prior to
requesting a foundation inspection from the City of Schertz. The design
engineer shall be present during placement of concrete to verify concrete mix
so3iaazs.i - 4 -
design and seasonal conditions during placement, and verify tensioning and
elongation of cables if it is apost-tension foundation.
4. Letter from the engineer indicating that rough grading of the lot occurred
immediately after form removal to maintain drainage away from foundation
during the construction process.
5. The engineer must provide to the City of Schertz a Letter of Final Acceptance
stating that the foundation has been placed in compliance with the design prior
to issuance of a Certificate of Occupancy.
6. Prior to issuance of a Certificate of Occupancy, the engineer shall provide a
letter indicating that a strength test was performed on the batch of concrete
and the results of the concrete strength test were consistent with the acceptable
range specified in the foundation design. Copies of relevant logs or test results
fiom the concrete manufacturer shall also be provided.
"After foundation construction, but prior to commencement of flaming, the owner or
applicant shall provide the building official of the City with a sealed certification from an
engineer licensed to practice in the State of Texas and registered with the City of Schertz
that the concrete has adequately cured to allow for framing of the first floor to occur.
Prior to placing any additional load on the slab the owner or applicant shall provide the
building official of the City with a sealed certification from an engineer licensed to
practice in the State of Texas that the concrete has adequately cured to allow an
additional load to be placed on the slab, including framing above the first floor. In no
event shall this be less than 3 days after the foundation was poured.
If the foundation is apost-tension foundation that it was designed after the engineer's
consideration of (a} the Post-Tensioning Institute's Construction and Maintenance
Manual for Post-Tensioned Slab-on-Ground Foundations, 3d Edition; (b) the Post-
Tensioning Institute's Design of Post-Tensioned Slabs-on-Ground, 3d Edition with 2008
Supplement; and the soil test conducted for the lot."
"Post-Tension foundations must be inspected by aPost-Tensioning Institute (PTI) Level
1 or 2 Unbonded PT Inspector prior to placing a load on the slab or commencement of
framing. Additionally, the PTI Level 1 or 2 Unbonded PT Inspectar must provide
foundation design drawings, shipping lists, material certifications, jack certifications,
stressing records, and concrete placement records (as described in the Post_Tensioning
Institute's Consti~lction and Maintenance Manual for Post-Tensioned Slab-on-Ground
Foundations, 3d Edition) to the City,
Prior to receiving a Certificate of Occupancy, a final survey indicating final grade
elevations and verifying positive drainage away fiorn the foundation must be submitted to
the City.
Section R401.4 Soil Tests is hereby amended to add the following new paragraph to the
end of Section 401.4:
"Notwithstanding the foregoing, prior to issuance of a building peitrlit, the owner or
applicant shall provide to the building official of the City a soil test (geotechnical
50310825.1 - $ -
investigation) for the residential lot made by a geotechnical engineer licensed to practice
in the State of Texas. The sail test shall contain design recommendations. The sail test
shall be conducted within the area where the building foundation is to be located and the
owner shall provide a survey of the lot to the City indicating the location of the soil test.
Such soil test report shall be referenced on the building permit application along with a
signed and sealed statement from an engineer licensed to practice in the State of Texas
that the foundation on the residential lot was designed in consideration of the results
shown in the soil test report for that lot and that no cut or fill was done subsequent to the
soil test being conducted."
Section R404.5 Retaining Walls is hereby amended to add the following new paragraphs
to the end of Section 404.5:
"Construction of a retaining wall in excess of four {4) feet in height, as measured from
the bottom of the footing of the wall to the top of the wall, constructed on public properrty
or to be dedicated to the City as a public improvement, as a part of the overall subdivision
civil plans and the Development Permit application process, shall require submission to,
and approval by, the City Engineer of the City of detailed retaining wall design plans
sealed by an engineer licensed to practice in the State of Texas, prior to commencing
construction of such wall. Construction of such retaining wall shall also require
submission to, and approval by, the City Engineer of the City of a sealed engineering
inspection report verifying the construction of the retaining wall in conformance with the
retaining wall design plans in order to close out the Development Permit.
Construction of a retaining wall in excess of four {4} feet in height, as measured from the
bottom of the footing of the wall to the top of the wall, constructed on private property
and that will not be dedicated to the City as a public improvement, as a part of the
building permit application process, shall require submission to, and approval by, the
building official of the City of detailed retaining wall design plans sealed by an engineer
licensed to practice in the State of Texas, prior to commencing construction of such wall.
Construction of such retaining wall shall also require submission to, and approval by, the
building official of the City of a sealed engineering inspection report verifying the
construction of the retaining wall in conformance with the retaining wall design plans in
order to close out the building permit.
On residential lots with a retaining wall in excess of four (4) feet in height, as measured
from the bottom of the footing to the top of the wall, in addition to the designated rear
and side yard setbacks, a maintenance and access easement for the benefit of the adjacent
property owners and the City on either side of the retaining wall, as necessitated by the
design of the retaining wall and in accordance with the signed and sealed engineering
plans, shall be required for retaining wall maintenance and to prevent any incursion into
fill material. The required area of the easement shall vary according to the retaining wall
design and adjacent property access and structures and shall, at a minimum, include all of
the fill area. All incursions are prohibited, including but not limited to the planting of
trees, except that a fence may be constructed but shall require the submission to, and
approval by, the building official of the City of detailed design plans, sealed by an
so3~osas.i - b -
engineer licensed to practice in the State of Texas, prior to commencing construction on
such incursion. Additionally motor vehicles shall not be parked within the easement."
Section 3. Chapter 18, Buildings and Building Regulations, Article I, In General of
the Code of Ordinances, City of Schertz, Texas is hereby amended and restated as follows:
(a) Building contractors responsrbalities. It shall be the duty of every contractor who
shall make contracts for the construction, erection, alteration, repair, moving,
demolition, installation or replacements of any building, structure, swimming
pool, or sign, whether permanent or temporary, obtain ali the necessary permits.
Such contractor shall be licensed by the city.
(b} Insurance required. It shall be the duty of all contractors who practice their craft
within the city to show proof of general commercial liability insurance for claims
for property damage, or bodily injury regardless of whether the claim arises from
a negligence claim or on a contract claim. Coverage amount of liability insurance
shall not be less than $250,000.00. The insurance shall run for a concurrent tei~rz
with the license.
{c} Application. A written application for a contractor's license will be submitted to
the building official on a form prescribed by the city along with the required
initial fee and evidence of qualifications as follows:
(1) Required initial fee;
(2) Renewal fee;
{3) Completed application;
(4) Reference of one f nancial institution;
(5) Reference of two suppliers;
(6) Reference of tlv-ee customers with work performed within the last two
years.
The building off cial, within 30 days from the receipt of the completed
application, will issue the license ar give a written refusal setting out the
reasons for refusal.
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(d) Renewal. All renewals shall be due January 1, of each year. Failure to renew
within 30 days after the renewal date will require the applicant to reapply for
licensing at the initial fee rate.
(e) Revocation. Any license issued under this section maybe revoked by the building
official for violations of the chapter, failure to obtain permits, or failure to obtain
proper.inspections.
(~ appeal. An applicant, whose license has been denied or revoked, may appeal to
the board of adjustments within 30 days, in writing along with an established
fling fee.
Section ~. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are
adopted as a part of the judgment and findings of the Council.
Section S. All ordinances, or parts thereof, which are in conflict or inconsistent with
any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved
herein. '
Section 6. This Ordinance shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 7. If any provision of this Ordinance or the application thereof to any person
or cixcumstance shall be held to 6e invalid, the remainder of this Ordinance and the
application of such provision to other persons and circumstances shall nevertheless be
valid, and the City hereby declares that this Ordinance would have been enacted without
such invalid provision.
Section 8. It is officially found, determined, and declared that the meeting at which
this Ordinance is adopted was open to the public and public notice of the time, place, and
subject matter of the public business to be considered at such meeting, including this
Ordinance, was given, all as required by Chapter 551, as amended, Texas Government
Code.
Section 9. Pursuant to Section 4.09(e} of the City Charter, by vote of not less than
two-thirds of the members of the City Council present at the meeting at which this
Ordinance was first considered, the City Council has determined that an emergency exists
which requires immediate action, and this Ordinance is hereby adopted on a single
reading, and this Ordinance shall be effective upon the date hereof and any publication
required by law.
so3iaszs.i _ g _
PASSED, APPROVED and ADOPTED ON FIRST AND F1NAL READING, the 16tH
clay of April, 2013.
,Michael R. Carpenter
ATTEST:
a Dennis, City Secretary
(CITY SEAL)
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