16-C-04 - Amending Chapter 18, Buildings and Building regulations, Article IIIORDINANCE NO. 16 -C -04
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF
SCHERTZ CHAPTER 18, BUILDINGS AND BUILDING REGULATIONS,
TICLE III, INTERNATIONAL RESIDENTIAL CODE FOR ONE AND TWO
FAMILY DWELLINGS, R1052. WORK EXEMPT FROM PERMITS.
WHEREAS, the Texas Local Governmental Code empowers the cities to enact building
codes and regulations and provide for their administration, enforcement, and
amendment; and
WHEREAS, the regulation of building and building construction by the City of Schertz
(the "City ") is necessary to protect the public health and welfare; and
WHEREAS, the City Council of the City desires to protect the safety and welfare of the
citizens of the City through regulation of construction activities in the City; and
WHEREAS, the City has recently updated the building codes by adopting the
international codes and local amendments; and
WHEREAS, City Staff has continued to evaluate the need for local amendments related
the permit requirements for fences and sheds; and
WHEREAS, City Staff sought input from the Planning and Zoning Commission on these local
amendments; and
WHEREAS, the City Council has determined that local amendments with regard
to the permit requirements of fences and sheds, 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 Amendments.
Chapter 18, "Buildings and Building Regulations ", Article III, "International Residential
Code for One and Two Family Dwellings ", R1052, "Work Exempt From Permit ", is
hereby amended to read as follows:
ARTICLE III. - INTERNATIONAL RESIDENTIAL CODE FOR ONE AND
TWO FAMILY DWELLINGS
R105.2 Work exempt from permit.
Exemptions from permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of
this code or any other laws or ordinances of this jurisdiction. Permits shall not be
required for the following:
Building:
1. Water tanks supported directly upon grade if the capacity does not
exceed 5,000 gallons and the ratio of height to diameter or width
does not exceed two to one.
2. Painting, papering, tiling, carpeting, cabinets, counter tops and
similar finish work.
3. Temporary motion picture, television and theater stage sets and
scenery.
4. Shade cloth structures constructed for nursery or agricultural
purposes, but not including service systems.
5. Swings and other temporary playground equipment accessory to
one and two- family dwellings.
6. Window awnings supported by an exterior wall of R -3 - One and
Two Family Dwellings as applicable in Section 101.2 and Group
U occupancies of the International Building Code 2012 as defined
in Chapter 3 - Use and Occupancy Classification. Movable cases,
countertops and partition not over (5) five feet (9) nine inches in
height.
7. One story detached accessory structures used as tool and storage
sheds, playhouses, and similar uses on the same lot as a one or two
family dwelling; provided the floor area is 120 square feet or less
and the structure can be moved if necessary, except where located
in a flood hazard area.
a. The foundation for a detached accessory structure, storage
sheds, playhouses and similar uses, if any, will require a
flatwork permit; and the location and placement of the
accessory structure shall comply with Article 8 of the
Schertz Unified Development Code.
b. Areas located in floodplain hazard areas will require
permits.
8. Replacement Fences on the property of a one or two family
dwelling, provided they comply with the following criteria, except
where located in a flood hazard area.
a. The fence complies with all of the applicable requirements
of the City of Schertz Unified Development code including
but not limited to height, location and materials.
b. The replacement fence is in the same location, the same
height and of the same materials as the fence being
replaced (e.g., a 6' wood privacy fence for a 6' wood
privacy fence or a 4' chain link fence for a 4' chain link
fence).
C. Foundations for arbors, if any, will require a flat work
permit. The arbor shall not be located in any utility
easement; and shall comply with the setback requirements
of Article 8 of the Schertz Unified Development Code with
the exception that an arbor may be attached to the main
structure.
d. Areas located in floodplain hazard areas will require
permits.
Electrical:
1. Normal maintenance work, such as replacement of lamps, sockets,
fuses, drop cords, snap switches, or other similar minor repairs as
may be permitted by the building official or designee or' assigned
inspector;
2. Connection of portable electrical equipment to suitable existing
permanently installed receptacles.
3. Replacement of a motor of the same horsepower and rating and
installation of pressure devices and similar controls, when the
electrical supply for the same has been properly installed by a
licensed electrician.
4. The provisions of this chapter shall not apply to electrical
equipment used for radio and television transmission, but does
apply to equipment and wiring for power supply and the
installations of towers and antennas.
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 chapter;
5. Replacement of any part which does not alter its approval or make
it unsafe;
6. Portable evaporative cooler;
7. Self- contained refrigeration system containing ten pounds or less
of refrigerant and actuated by motors of one horsepower 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 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 chapter.
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 involve or require the replacement or
rearrangement of valves, pipes or fixtures.
Section 3. 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 4. All ordinances and codes, 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 5. That all rights and privileges of the City are expressly saved as to any and all
violations of the provision of any ordinances repealed by this ordinance which have
accrued at the time of the effective date of this Ordinances; and, as to such accrued
violation and all pending litigation, both civil and criminal, whether pending in court or
not, under such Ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
Section 6. If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be 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 7. 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 8. This Ordinance shall be effective upon the date of final adoption hereof
and any publication required by law.
PASSED, AND APPROVED on first reading the 9th day of February, 2016.
PASSED, APPROVED AND ADOPTED on final reading the 23rd day of February,
2016.
04��7
ichael R. Carpenter, Mayor
ATTEST:
Brenda Dennis, City Secretary
(SEAL OF THE CITY)