2000C-33 - Chapter 5 Bldg Regulations41RDINANCE NO. r i
AN ORDINANCE
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS,
PROVIDING THAT THE CODE OF ORDINANCES, CITY OF
SCHERTZ, TEXAS BE AMENDED BY DELETING CHAPTER 5,
BUILDINGS AND BUILDING REGULATIONS, AND REPLACING
SAME WITH A REVISED CHAPTER 5, BUILDINGS AND BUILDING
REGULATIONS; AND PROVIDING A REPEALING CLAUSE.
WHEREAS, there have been numerous changes to State laws and City ordinances
governing the buildings and building regulations of the City.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS:
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THAT, Chapter 5 of the Code of Ordinances, City of Schertz, Texas is hereby amended
to read as follows:
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"Chapter 5
BUILDINGS AND BUILDING REGULATIONS
Article I. In General, ss 5- 1- - -5 -24
Article II. Building Code, ss 5- 25- - -5 -34
Article III. One and Two Family Residential Code, ss 5- 35- - -5 -44
Article IV. Electrical Code, ss 5- 45- - -5 -54
Article V. Gas Code, ss 5- 55- - -5 -64
Article VI. Mechanical Code, 5- 65- - -5 -74
Article VII. Plumbing Code, ss 5- 75- - -5 -84
Article VIII. Property Maintenance Code, ss 5- 85- - -5 -94
Article IX. Energy Code, ss 5- 95 - - -5 -104
Article X. Backflow and Cross - Connection, ss 5- 105 - - -5 -114
Article XI. Schedule of Fees, ss 5- 115 - - -5 -124
ARTICLE I. IN GENERAL.
Sec. 5 -1, Office of Building Official
(a) Created, Appointed - There is hereby established the office to
be known as the Building Department and the person in charge shall be
known as the Building Official. Such building official shall be appointed
by the city manager.
Charter Reference - Authority of council to establish offices, s 6.01.
(b) Deputies - The building official with the approval of the city
manager may appoint such number of officers, inspectors, assistants
and other employees as shall be authorized from time to time. Such
employees shall have powers as delegated by the building official.
Sec. 5 -2 Duties and Powers of Building Official
(a) General - The building official is hereby authorized and directed
to enforce the provisions of the building, residential, electrical, gas,
mechanical, plumbing, property maintenance, energy, backflow and
cross - connection and other ordinances of the city and by the city council
and the city manager. The building official shall have the authority to
render interpretations of these codes and ordinances and 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 these codes and shall not
have the effect of waiving requirements specifically provided for in this
chapter.
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(b) Applications and Permits - The building official shall receive
applications, review construction documents and issue permits for the
erection, installation, enlargement, alteration, repair, demolition, and
moving of buildings and structures, or the erection, installation,
enlargement, alteration, repair, removal or replacement of any electrical,
gas, mechanical or plumbing system, inspect the premises for which
such permits have been issued and enforce compliance with the
provisions of this chapter.
(c) Notices and Orders - The building official shall issue all
necessary notices or orders to ensure compliance with this chapter.
(d) Inspections - The building official shall make all of the
required inspections, or the building official shall have the authority to
accept reports of inspection by approved agencies or individuals. Reports
of such inspections shall be in writing and be certified by a responsible
officer of such approved agency or by the responsible individual. The
building official is authorized to engage such expert opinion as deemed
necessary to report upon unusual technical issues that arise, subject to
the approval of the city manager.
(e) Identification - The building official shall carry proper
identification when inspecting structures or premises in the performance
of duties under this chapter.
(f) Right of Entry - Where it is necessary to make an inspection to
enforce the provisions of this chapter, or where the building official has
reasonable cause to believe that there exists in a structure or upon a
premises a condition which is contrary to or in violation of this chapter
which makes the structure or premises unsafe, dangerous, or hazardous,
the building official is authorized to enter the structure or premises at
reasonable times to inspect or to perform the duties imposed by this
chapter, provided that if such structure or premises be occupied that
credentials be presented to the occupant and entry requested. If such
structure or premises is unoccupied, the building official shall first make
a reasonable effort to locate the owner or other person having charge or
control of the structure or premises and request entry. If entry is refused,
the building official shall have recourse to the remedies provided by law
to secure entry.
(g) Department Records - The building official shall keep official
records of applications received, permits and certificates issued, fees
collected, reports of inspections, and notices and orders issued.
(h) Liability - The building official, members of the Board of
adjustment and Appeals or employees charged with the enforcement of
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this chapter, while acting for the City of Schertz in good faith and
without malice in the discharge of the duties required by this chapter or
other pertinent law or ordinances, shall not thereby be rendered liable
personally and is hereby relieved from personal liability for any damage
accruing to persons or property as a result of any act or by reason of an
act or omission in the discharge of official duties. Any suit instituted
against an officer or employee because of an act performed by that officer
or employee in the lawful discharge of duties and under the provisions of
this chapter shall be defended by legal representative of the City of
Schertz until the final termination of the proceedings. The building
official or any subordinate shall not be liable for cost in any action, suit
or proceeding that is instituted in pursuance of the provisions of this
chapter.
(i) Approved Materials and Equipment - Materials, equipment
and devices approved by the building official shall be constructed and
installed in accordance with such approval
Note: the use of used materials, which meet the requirements of
this chapter for new materials, is permitted. Used equipment and devices
shall not be reused unless approved by the building official.
(j) Alternative Materials, Design and Methods of Construction
and Equipment - The provisions of this chapter are not intended to
prevent the installation of any material or to prohibit any design or
method of construction not specifically prescribed by this chapter,
provided that any such alternative has been approved. An alternative
material, design or method of construction shall be approved where the
building official finds that the proposed design is satisfactory and
complies with the intent of the provisions of this chapter, and that the
material, method or work offered is, for the purpose intended, at least the
equivalent of that prescribed in this chapter in quality, strength,
effectiveness, fire resistance, durability and safety.
(k) Tests - Whenever there is insufficient evidence of compliance
with the provisions of this chapter, or evidence that a material or method
does not conform to the requirements of this chapter, or in order to
substantiate claims for alternative materials or methods, the building
official shall have the authority to require tests as evidence of compliance
to be made at no expense to the City of Schertz. Test methods shall be as
specified in this chapter or by other recognized test standards. In the
absence of recognized and accepted test methods, the building official
shall approve the testing procedures. Tests shall be preformed by an
approved agency.
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Sec. 5- 3.Applicability
Where in any specific case different sections of this chapter, or
codes adopted under this chapter specify different materials, methods of
construction or other requirements, the most restrictive shall govern.
Where there is a conflict between a general requirement and a specific
requirement, the specific requirement shall be applicable.
Sec. 5 -4 Definitions
Where terms are not defined in this chapter and are defined in the
codes adopted under this chapter, such terms shall have the meanings
ascribed to them as in those codes.
Whenever the term "Board
referenced within any code adopted
City Council of the City of Schertz,
under this chapter.
>f Adjustments and Appeals" is
under this chapter shall mean the
who shall rule on all appeals filed
Whenever the term "Applicable Governing Body" is referenced
within any code adopted under this chapter, shall mean the City Council
of the City of Schertz.
Whenever the term "ICC Electrical Code" is referenced within any
code adopted under this chapter, shall mean the National Electric Code,
published by the National Fire Protection Association (NFPA).
Sec. 5 -5. Permits.
(a) Any owner, 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, install, enlarge, alter,
repair, remove, convert or replace any electrical, gas, mechanical or
plumbing system, the installation of which is regulated by this chapter,
or to cause any such work to be done, shall first make application to the
building official and obtain the required permit.
Exception: A permit 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 2 to 1.
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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
Group3, as applicable in Section 101.2 and Group U
occupancies of the International Building Code.
7) Movable cases, countertops and partition not over 5 feet
9 inches in height.
(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;
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, the
installations of towers and antennas.
(Gras)
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 10 lb. or
less of refrigerant and actuated by motors of 1
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 repairs do
not involve or require the replacement or rearrangement
of valves, pipes or fixtures.
Note: Ordinary minor repairs may be made with the approval of the
building official without a permit, provided that such repairs shall not
violate any of the provisions of the codes adopted in this chapter. Where
equipment replacements and repairs must be performed requiring a
permit in an emergency situation, the permit application shall be
submitted within the next working business day to the building official.
(b) Application for Permit - To obtain a permit, the applicant shall
first file an application in writing on a form furnished by the Inspection
Department for that purpose. Such application shall include:
1) Identify and describe the work to be covered by permit for
which the application is made.
2) Describe the land on which the proposed work is to be
done by legal description, street address or similar
description that will readily identify and definitely locate
the proposed building or work.
3) Indicate the use and occupancy for which the proposed
work is intended.
4) Be accompanied by construction documents and other
information as may be necessary to describe work.
5) State the valuation of the proposed work.
6) Be signed by the applicant, or the applicant's authorized
agent.
7) Give such other data and information as required by the
building official.
(c) Action on Application - The building official shall examine or
cause to be examined the application for permits and amendments
thereto within a reasonable time after filing. If the application or the
construction documents do not conform to the requirements of this
chapter and other pertinent laws, the building official shall reject such
application in writing, stating the reasons therefore. If the building
official is satisfied that the proposed work conforms to the requirements
of this chapter and other laws and ordinances applicable thereto, the
building official shall issue a permit as soon as practicable.
(d) Condition of Permit - A permit issued under this chapter shall be
construed to be a license to proceed with the work and not as authority
to violate, cancel, alter, or set aside any of the provisions of this chapter.
Nor shall issuance of a permit prevent the building official from
thereafter requiring a correction of errors in plans, construction, or
violation of this chapter. Every permit issued shall become invalid within
six (6) months after its issuance. One or more extensions of time, for
periods not more than ninety (90) days each, may be allowed. The
extension shall be requested in writing before such permit has expired.
Permits issued under this chapter are non - transferable from one person
to another.
(e) Suspension or revocation - The building official is authorized to
suspend or revoke a permit issued under this chapter whenever the
permit is issued in error or on the basis of incorrect, inaccurate or
incomplete information, or in violation of any ordinance or regulation or
any of the previsions of this chapter.
(f) Public right -of -way, Alleys and Easements - A permit shall not
be given by the building official for the construction of any building or
structure, or alteration of any building or structure that will encroach
upon any right -of -way, alley, or utility or drainage easement.
Sec. 5 -6 Plans Required
(a) Submittal Documents - For new construction, each applicant
shall submit two copies of plans for residential construction and three
copies for commercial. Construction plans shall be of sufficient clarity to
indicate location, nature and extent of the work proposed and show in
detail that it will conform to the provisions of this chapter and relevant
laws, ordinances, rules and regulations, as determined by the building
official. Such plans shall include:
1) Site plan
2) Foundation plan
3) Floor plan with wall, ceiling, roof and exterior elevations
4) Electrical, plumbing and mechanical plans
The site plan shall be drawn to scale showing the location of all
easements, drainage facilities, adjacent grades, property lines, the
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proposed building or structure and of every existing building or structure
on the property.
(b) Design Professional - The design professional shall be an
architect or engineer legally registered under the laws of the state of
Texas regulating the practice of architecture or engineering and shall
affix his /her seal to said drawings, specifications and accompanying
data, for the following:
1) All group A, E and I occupancies.
2) Buildings and structures three stories or more in height.
3) Buildings and structures 5000 sq. ft. or more in area.
4) All group R occupancies regardless of size.
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.
(c) Amended Construction Documents - Work shall be installed
in accordance with the reviewed construction documents, and any
chances made during construction that are not in compliance with the
approved construction documents shall be resubmitted for approval as
an amended set of construction documents.
Sec. 5 -7 Temporary Structures and Uses
(a) General - The building official is authorized to issue a permit
for temporary structures and temporary uses. Such permit shall be
limited as to time of service, but shall not be permitted for more than 180
days. The building official is authorized to grant extensions for
demonstrated cause.
Temporary structures and uses shall conform to the structural
strength, fire, safety, means of egress, accessibility, light, ventilation and
sanitary requirements of this chapter as necessary to ensure the public
health, safety and general welfare.
(b) Termination of approval - the building official is authorized to
terminate such permit for a temporary structure or use and to order the
temporary structure or use to be discontinued.
Sec. 5 -8 Fees.
(a) Schedule of Permit Fees - On buildings, structures, electrical,
gas, mechanical and plumbing systems or alterations requiring a permit,
a fee for each permit shall be paid as required, in accordance with the
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schedule of fees established in Article XI of this chapter. A permit shall
not be valid until such fees have been paid. Nor shall an amendment to a
permit be released until the additional fees, if any has been paid.
(b) Building Permit Valuations - The applicant for a permit shall
provide an estimated permit value at the time of application. Permit
values shall include total cost of construction, such as electrical, gas,
mechanical, plumbing equipment and other systems, including materials
and labor, but in no case shall it be less than $45.00 dollars a square
foot for new construction.
(c) Work Commencing Before Permit Issuance - Where work for
which a permit is required by this chapter is started or proceeded prior
to obtaining a permit, the fees specified in Article XI of this chapter shall
be doubled. Payment of such double fees shall not relieve any person(s)
form any other penalties prescribed by this chapter.
(d) Refunds - The building official shall authorize the refunds of
fees as follows:
1) The full amount of any fee paid hereunder that was
erroneously collected.
2) Not more than 90 percent of the permit fee paid when no
work has been done under a permit issued in accordance
with this chapter.
3) The building official shall not authorize the refunding of
any fees paid unless requested in writing by the original
permittee within 180 days after the date such fees were
paid.
Sec. 5 -9 Inspections
(a) Posting Permit and Plans - Work requiring a permit shall not
commence until the permit holder or his agent posts the permit card and
plans in a conspicuous place on the premises. The permit card and plans
shall be protected from the weather and located in such a position as to
permit the building official or representative to conveniently make the
required entries thereon. The permit holder shall maintain the permit
card and plans in such position until the Certificate of Occupancy or
completion certificate is issued by the building official.
(b) Required Inspections - The building official upon notification
from the permit holder or his agent shall make the following inspections
and such other inspections as necessary and shall either release that
portion of the construction or shall notify the permit holder or his agent
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of any violations which must be corrected in order to comply with this
chapter:
(Building)
1) Foundation inspection - To be made after trenches are
excavated and forms erected.
2) Frame inspection - To be made after the roof, all framing,
fireblocking and bracing is in place, all concealing wires, all
pipes, chimneys, ducts and vents are completed and building
or structure is weathered in.
3) Final inspection - to be made after the building is completed
and ready for occupancy.
(Electrical)
1) Underground inspection - to be made after trenches or ditches
are excavated, conduit or cable installed and before any backfill
is put in place.
2) Rough -in inspection - To be made after the roof framing,
fireblocking and bracing is in place and prior to the installation
of wall or ceiling members.
3) Finished wiring inspection - to be made after all electrical
components are installed and are ready to be energized.
4) Final inspection - to be made after the building is completed, all
required electrical fixtures are in place and properly connected
and the structure is ready for occupancy.
(Plumbing)
1) Underground inspection - to be made after trenches or ditches
are excavated, piping installed and before any backfill is put in
place.
2) Rough -In inspection - to be made after the roof framing,
fireblocking and bracing is in place and all soil, waste and vent
piping is complete, and prior to the installation of wall or ceiling
membranes.
3) Final Inspection - to be made after the building is completed, all
plumbing fixtures are in place and properly connected, and the
structure is ready for occupancy.
(Mechanical)
1) Underground inspection - to be made after trenches or ditches
are excavated, underground duct and fuel piping is installed,
and before any backfill is put in place.
2) Rough -In inspection - to be made after the roof, framing, fire
blocking and bracing are in place and all ducting, and other
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concealed components are completed, and prior to the
installation of wall or ceiling membranes.
3) Final inspection - to be made after the building is completed,
the mechanical system is in place and properly connected, and
the structure is ready for occupancy.
(Gas)
1) Rough piping inspection - to be made after all new piping
authorized by the permit has been installed, and before any
such piping has been covered or concealed or any fixtures or
gas appliances have been connected.
2) Final piping inspection - to be made after all piping authorized
by the permit and such portions of existing systems as may be
affected by new work or any changes, to insure compliance with
all the requirements of this chapter and to assure that the
installation and construction of gas system is in accordance
with the reviewed plans.
Note: There shall be a separate inspection for the installation of
insulation to be made after all framing and rough -in inspections are
approved and wall insulation is completed.
(c) Written Release - Work shall not be done on any part of a
building, structure, electrical, gas, mechanical or plumbing system
beyond the point indicated in each successive inspection without first
obtaining a written release from the building official.
(d) Scheduling Inspections - A twenty -four (24) hour notice is
required before an inspection is desired, excluding Saturdays, Sundays
and Holidays. To insure a twenty -four (24) hour service, all inspections
must be called in by 4:00pm Monday through Friday.
If a re- inspection has been called for and the second inspection
revealed that the original turn down items have not been corrected in
part or in hole, a seventy -two (72) hour notice of inspection shall be given
before another re- inspection will be made.
Sec. 5 -10. Certificate of Occupancy.
(a) Use and Occupancy - No building or structure shall be used or
occupied, and no change in the existing occupancy classification of a
building or structure or portion thereof shall be made until the building
official has issued a certificate of occupancy. Issuance of a certificate of
occupancy shall not be construed as an approval of a violation of the
provisions of this chapter or of other ordinances of the City of Schertz.
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(b) Certificate Issued - After the building official inspects a
building or structure and finds no violations of the provisions of this
chapter or other laws that are enforced by this department, the building
official shall issue a certificate of occupancy that shall contain the
following:
1) The building permit number
2) The address of the structure
3) The name and address of the owner
4) The name of the building official
5) Edition of the code under which the permit was issued
6) The use and occupancy
7) Type of construction
8) The design occupant load
9) If an automatic sprinkler system is required or not
10) Any special stipulations or condition for occupancy
(c) Temporary Occupancy - The building official is authorized to
issue a temporary certificate of occupancy before the completion of the
entire work covered by the permit, provided that such portion shall be
occupied safely. The building official shall set a time period during which
the temporary certificate of occupancy is valid.
(d) Revocation - The building official is authorized to, in writing,
suspend or revoke a certificate of occupancy or completion issued under
the provisions of this code wherever the certificate is issued in error, or
on biases of incorrect information supplied, or where it is determined
that the building or structure or portion thereof is in violation of any
ordinance or regulation or any of the provisions of this chapter.
Sec. 5 -11. Service Utilities
(a) Connection of Service Utilities - No person shall make
connections from a utility, source of energy, fuel or power to any building
or system that is regulated by this chapter for which a permit is required,
until released by the building official.
(b) Temporary Connection - The building official shall have the
authority to authorize the temporary connection of the building or
system to the utility, source of energy, fuel or power.
(c) Authority to disconnect Service utility - the building official
shall have the authority to authorize disconnection of utility service to
the building, structure or system regulated by this chapter is case of
emergency where necessary to eliminate an immediate hazard to life or
property. The building official shall notify the serving utility, and
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wherever possible the owner and occupant of the building, structure or
service system of the decision to disconnect prior to taking such action. If
not notified prior to disconnecting, the owner or occupant of the building,
structure or service system shall be notified in writing as soon as
practical thereafter.
Sec. 5 -12 Building Contractors License
(a) Building contractors Responsibilities - 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, weather permanent or
temporary, obtain all the necessary permits. Such contractor shall be
licensed by the City of Schertz.
(b) Insurance Required - It shall be the duty of all contractors who
practice their craft within the City of Schertz, Texas to show proof of
general commercial liability insurance for claims for property damage, or
bodily injury regardless of weather the claim arises form a negligence
claim or on a contract claim. Coverage amount of liability insurance shall
not be less than two hundred and fifty thousand dollars ($250,000.00).
The insurance shall run for a concurrent term 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:
• Required initial fee (see Article XI. for schedule of fees)
• Renewal fee (see Article XI. for schedule of fees)
• Completed application
• Reference of one (1) financial institution
• Reference of two (2) suppliers
• Reference of three (3) customers with work performed
within the last Two years.
The building official, within thirty (30) days from the receipt of the
completed application, will issue the license or give a written refusal
setting out the reasons for refusal.
(d) Renewal - All renewals shall be due January 1, of each year.
Failure to renew within (30) days after the renewal date will required the
applicant to reapply for licensing at the initial fee rate.
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(e) Revocation - Any license issued under this section may be
revoked by the building official for failure to remedy unsatisfactory work,
violations of the chapter, failure to obtain permits, or failure to obtain
proper inspections.
(f) Appeal - An applicant, whose license has been denied or
revoked, may appeal to the Board of Adjustments within (30) day, in
writing along with an established filling fee.
Sec. 5 -13 Electrical License
(a) License Required - No person shall install, repair or remove
electrical wiring or devices unless he is licensed as a master electrician
issued by the city or unless he is supervised by a licensed master
electrician and holds a journeyman license or apprentice license issued
by the city. A license master or journeyman must directly supervise work
done by an apprentice.
Exception:
1) A license is not required of a homeowner who is doing electrical
work on his own home. The homeowner may receive help from
others to do such work, provided that the principal occupation
of the person giving help is not that of an electrical contractor
or electrician.
2) A license is not required of a person who is hired as a full -time
employee to perform normal maintenance excluding alterations
and additions of electrical systems in commercial
establishments, provided that the person does not work as an
electrician or electrical contractor for the general public.
(b) Classification of licenses - There shall be three classifications
of electrical licenses:
1) Master - A master license will be issued to an applicant when
he /she has shown certified proof of three (3) consecutive years
as a journeyman and has passed the approved test outlined in
Sec. 5- 13(c).
2) Journeyman - A journeyman license will be issued to an
applicant when he /she has shown certified proof of three (3)
years licensed as an apprentice and has passed the approved
test outlined in Sec. 5- 13(c).
3) Apprentice - An applicant will be issued an apprentice license
when he /she shows certified proof of employment by a licensed
master and is undergoing training to learn the craft of a skilled
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electrician. The license will only be valid while employed by a
licensed master electrician.
Note: A journeyman electrician may supervise not more than eight (8)
apprentice electricians for commercial construction and not more than
four (4) apprentice electricians for residential.
(c) Testing for Licenses - The City of Schertz may enter into a
contract with a qualified third party to prepare and administer tests for
master and journeyman electricians. The city shall retain the right to
review the tests on a regular basis and to recommend termination of the
contract.
Otherwise, the building official will prepare an examination with
not less than 150 questions for master electricians and not less than 100
questions for journeyman electricians. An applicant must achieve a score
of eighty percent (80 %).
(d) Application - Upon receiving a passing grade on the
examination for a license outlined in Sec. 5 -13 (c), the applicant shall
apply by written application for an electrician license on a form
prescribed by the city along with the required initial fee established in
Article XI of the chapter.
The building official, within thirty (30) days from the receipt of the
completed application will issue the license or give a written refusal
setting out the reasons for refusal.
(e) Renewal - All renewals shall be due January 1, of each year.
Failure to renew within thirty (30) days after the renewal date will require
the applicant to reapply for license at the initial fee rate.
(f) Revocation - Any license issued under this section may be
revoked by the building official for failure to remedy unsatisfactory work,
violation of the electrical code, failure to obtain a permit or failure to
obtain proper inspections.
(g) Appeal - An applicant, whose license has been denied or
revoked, may appeal to the Board of Adjustments within thirty (30) days,
in writing, along with an established filling fee.
(h) Insurance Required - It shall be the duty of all electrical
contractors who practice their craft within the City of Schertz, Texas to
show proof of general commercial liability insurance for claims for
property damage, or bodily injury regardless of weather the claim arises
form a negligence claim or on a contract claim. Coverage amount of
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liability insurance shall not be less than two hundred and fifty thousand
dollars ($250,000.00). The insurance shall run for a concurrent term
with the license.
Sec. 5 -14 Mechanical Licensing
It shall be the duty of all mechanical contractors who practice their
craft within the City of Schertz, Texas to show proof of state license and
insurance as required by the Department of Licensing and Regulation, as
referenced in State Law, Article 8861, TDLE -ACR -75.1 1/v. 1/93.
Sec. 5 -15 Plumbing Licensing
It shall be the duty of all plumbing contractors who practice their
craft within the City of Schertz, Texas to show proof of state license and
insurance as required by the Texas State Board of Plumbing Examiners
in accordance with, Vernon's Civil Statues, Article 6243 -101.
Sec. 5 -16. Violations and Penalties
Any person, firm, corporation or agent who shall violate a provision
of this chapter, or fail to comply therewith, or with any of the
requirements thereof, or who shall erect, construct, alter, install,
demolish, or move any structure, electrical, gas, mechanical or plumbing
system in violation of the detailed statement or drawings submitted and
permitted thereunder, shall be guilty of a misdemeanor. Such persons
shall be considered guilty of a separate offense for each and every day or
portion thereof during which any violation of any of the provisions of this
chapter is committed or continued, and upon conviction of any such
violation such person shall be punished by a fine of not more than one
thousand dollars ($1,000.00) for each offense.
Sec. 5- 17 --- 5 -24. Reserved.
ARTICLE II. BUILDING CODE
Sec. 5 -25. Adopted.
The International Building Code, 2000 edition, as amended,
revised and corrected, to include all future editions, revisions,
amendments and corrections, published by the International Code
Council (ICC), one (1) copy of which is on file with the city secretary, is
hereby adopted and incorporated by reference as the building code of the
City of Schertz, Texas, subject to and including by reference such
amendments as herein shall appear.
17
Sec. 5 -26. Amendments.
The building code Adopted by Sec. 5 -25 is hereby amended as set
forth in the following paragraphs of this section.
Section 903 - Automatic Sprinkler Systems - is hereby
amended as to read as follows:
Section 903.2 Where Required - Approved automatic sprinkler
systems in new buildings and structures shall be provided in any
building more than two stories in height and in the locations described in
this section.
Section 903.2.6.1 Group M - An automatic sprinkler system shall
be provided throughout the buildings where the fire area containing a
Group M occupancy exceeds 12,000 square feet (1115 m2), or where
more than two stories in height, or where the combined fire area exceeds
24,000 square feet (2230 m2).
Section 903.2.7 Group R -1, Exception 1 - Where guestrooms are
not more than two stories above the lowest level of exit discharge and
each guestroom has at least one door leading directly to an exterior exit
access that leads directly to approved exits.
Section 903.2.10 Group S -1 - An automatic sprinkler system
shall be provided throughout all buildings where the fire area containing
a Group S -1 occupancy exceeds 12,000 square feet (1115 m2), or where
more than two stories in height, or where the combined fire area on all
floors, including mezzanines, exceeds 24,000 square feet (2230 m2).
Section 903.3.7 Fire Department Connections. The location of
fire department connections shall be in accordance with Section
Section 907 - Fire Alarm and Detection Systems - is hereby
amended to read as follows.
Section 907.2.3 Group E, Exception 1 - Group E occupancies
housed in one room and with an occupant load of less than 50.
Section 907.2.10.1.5 Daycare (Group E and I) - Single or
multiple- station smoke alarms shall be installed and maintained in
Group E and I occupancies housing daycare activities regardless of
occupant load at all of the following locations:
(a) In each room used for sleeping purposes.
18
(b) On the ceiling or wall outside of each separate sleeping area in
the immediate vicinity of bedrooms.
Section 907.2.10.3. Daycare (Group E and I) - Where more than
one smoke alarm is required to be installed within a Group E or I
occupancy housing daycare activities, the smoke alarms shall be
interconnected in such a manner that the activation of one alarm will
activate all of the alarms within the daycare occupancy. The alarm shall
be clearly audible in all areas over background noise levels with all
intervening doors closed. Where the occupancy is equipped with a fire
alarm system, activation of a smoke alarm shall activate the building fire
alarm system.
Exception: Smoke alarms that are permitted to be solely battery
operated in accordance with Section 907.2.10.2.
Section 912 - Fire Department Connections - is hereby
amended to read as follows:
Section 912.2 Location. With respect to hydrants, driveways,
buildings and landscape, fire department connections shall be so located
that fire apparatus and hose connected to supply the system will not
obstruct access to the buildings for other fire apparatus. Fire department
connections shall be located not more than 100 feet (30 m) from the
nearest fire hydrant connected to an approved water supply and shall be
approved by the fire marshal.
Appendix A - is hereby amended to read as follows:
Section A101.1 Building Official Qualifications
The building official shall hold, or be able to obtain within a
reasonable amount of time all required State licenses in relation to
plumbing and code enforcement. In addition the building official shall
have one or all of the following qualifications:
(a) The building official shall have at least ten (10) years experience
or equivalent as an architect, engineer, inspector, contractor, or
superintendent of construction, or any combination of these.
Five (5) years of which shall have been in responsible charge of
work.
(b) The building official should be certified through a recognized
certification program.
19
Section A101. 2 Inspectors Qualifications
The inspector shall hold, or be able to obtain within a reasonable
amount of time all required State licenses in relation to plumbing or code
enforcement. In addition an inspector shall have one or all of the
following qualifications.
(a) The inspector shall have at least five (5) years experience or
equivalent as an architect, engineer, inspector, contractor, or
superintendent or foreman, or competent mechanic in charge of
construction or any combination of these.
Exception: A person applying for a position as asst.- inspector
shall have one year experience as a inspector, builder, engineer,
architect, or as a superintendent or foreman, or competent mechanic, in
charge of construction. Performance of duties as asst.- inspector must be
under the supervision of persons qualified as a building official or
inspector.
(b) An inspector should be certified through a recognized
certification program.
Sec. 5-26 --- 5-34. Reserved.
ARTICLE III. RESIDENTIAL CODE
Sec. 5 -35. Adopted.
The International Residential Code, 2000 edition as amended,
revised and corrected, to include all future editions, revisions,
amendments, corrections and appendixes, published by the International
Code Council (ICC), one (1) copy of which is on file with the city
secretary, is hereby adopted and incorporated by reference as the
residential code of the City of Schertz, Texas, subject to and including by
reference such amendments as herein shall appear.
Sec. 5 -36. Amendments.
The residential code adopted by Sec. 5 -35 is hereby amended as
set forth in the following paragraphs of the section.
Section R323.1 Protection against Decay - is hereby amended
to read as follows:
R323.1 (3) - Sills and sleepers on a concrete or masonry slab that
is in direct contact with the ground.
20
Sec. 5- 37 --- 5 -44. Reserved.
ARTICLE IV. ELECTRICAL CODE
Sec. 5 -45. Adopted.
The National Electric Code, 1999 edition to include all appendixes,
future editions, revisions, amendments and corrections, published by the
National Fire Protection Association (NFPA), one (1) copy of which is on
file with the city secretary, is hereby adopted by reference as the
electrical code of the City of Schertz, Texas, subject to and including by
reference such amendments as herein shall appear.
Note: This code in no way alters or repeals any additional
requirements established by any other utility companies and /or
cooperative for its members and /or consumers.
Sec. 5 -46. Amendments.
The following rules shall take precedence over and supersede any
portion of the electrical code adopted by Sec. 5 -45 of this chapter where
conflicts occur.
(a) No branch circuit shall have wire smaller than #12 AWG. This
does not prohibit smaller wire for circuits 90 volts and lower or
for control circuits.
(b) No more than twelve (12) outlets shall be installed per circuit
serving general lighting circuits.
(c) Single family dwellings must be individually metered.
Sec. 5- 47 --- 5 -54. Reserved.
ARTICLE V. GAS CODE
Sec. 5 -55 Adopted.
The International Gas Code, 2000 edition with all appendixes,
future editions, revisions, amendments and corrections, published by the
International Code Council (ICC), one (1) copy of which is on file with the
city secretary, is hereby adopted and incorporated as the Gas Code of the
City of Schertz, Texas, subject to and including by reference such
amendments as herein shall appear.
Sec. 5- 56 --- 5 -64. Reserved.
21
ARTICLE VI. MECHANICAL CODE.
Sec. 5 -65. Adopted.
The International Mechanical Code, 2000 edition with all
appendixes, future editions, revisions, amendments and corrections,
published by the International Code Council (ICC), one (1) copy of which
is on file with the city secretary, is hereby adopted and incorporated as
the Mechanical Code of the City of Schertz, Texas, subject to and
including by reference such amendments as herein shall appear.
Sec. 5 -66 Amended.
The mechanical code adopted by Sec. 5 -65 is hereby amended as
set forth in the following paragraphs of this section.
Appendix B - Recommended Permit Fee Schedule - is hereby
amended to read as follows:
On mechanical systems or alterations requiring a permit, fees for
each permit shall be paid as required, in accordance with the schedule of
fees established in Article XI of this chapter.
Sec. 5- 67 --- 5 -74. Reserved.
ARTICLE VII. PLUMBING CODE.
Sec. 5 -75. Adopted.
The International Plumbing Code, 2000 edition with all
appendixes, future editions, revisions, amendments and corrections,
published by the International Code Council (ICC), one (1) copy of which
is on file with the city secretary, is hereby adopted and incorporated as
the Plumbing Code of the City of Schertz, Texas, subject to and including
by reference such amendments as herein shall appear.
State Law Reference - Requirements that cities prescribe rules
and regulations relating to plumbing, Vernon's Annotated Civil Statutes,
Article 6243 -101, Sec. 15 Local Rules and Regulations.
Sec. 5 -76. Amendments.
The plumbing Code adopted by Sec. 5 -75 is hereby amended as set
forth in the following paragraphs of this section.
22
Section 305.5 Pipes Through or Under Footings or Foundation
Walls - is hereby amended to read as follows:
Any pipe that passes under a footing or through a foundation wall
shall be provided with a relieving arch, or a pipe sleeve shall be built into
the foundation wall. The sleeve shall be two pipe sizes greater than the
pipe passing through the wall. Pipes used for p -traps with in a
foundation shall not be located within footings or beams.
Section 305.6.1 Sewer depth - is hereby amended to read as
follows:
All building sewers shall be a minimum of 12 inches below finished
grade.
Section 312.9 Inspection and Testing of Backflow Prevention
Assemblies - is hereby amended to read as follows:
Inspection and testing shall comply with Sections 312.9.1 and
312.9.2 of the International Plumbing Code.
Section 312.9.1 Inspections - Annual inspections shall be made
of all backflow prevention assemblies and air gaps to determine whether
they are operable.
312.9.2 Testing - Reduced pressure principle backflow prevention
assemblies, double check -valve assemblies, double detector check valve
assemblies and pressure vacuum breaker assemblies shall be tested at
the time of installation, immediately after repairs, or relocation and at
least annually.
Exception: Backflow prevention devices used for residential lawn
sprinkler systems shall be tested at the time of installation, immediately
after repairs or relocation and at least every other year.
Section 403.6.3 Portable Toilets for construction Sites - is
here by added as follows:
Portable toilets shall be provided for construction sites so that the
path of travel to such facilities shall not exceed 500 feet. In no case shall
there be less than two portable toilets provided for each construction
site.
Exception: A single portable toilet may be used for small
individual construction jobs when approved by the building official.
23
Section 904.1 Roof extension - is hereby amended to read as
follows:
All open vent pipes that extend through a roof shall be terminated
at least six (6) inches above the roof, except that where a roof is to be
used for any purpose other than weather protection, the vent extensions
shall be run at least seven (7) feet above the roof.
Section 913.2 Vent connection - is hereby amended to read as
follows:
The island fixture vent shall connect to the fixture drain as
required for an individual or common vent. The vent shall rise vertically
to a minimum of six (6) inches in height above the flood level rim of the
fixture being served before offsetting horizontally or vertically downward.
Section 917 Air Admittance Valves - is hereby amended to
read as follows:
Vent systems utilizing air admittance valves shall be prohibited
within the city limits of Schertz.
Appendix A - Recommended Permit Fee Schedule - is hereby
amended to read as follows:
On plumbing systems or alterations requiring a permit, fees for
each permit shall be paid as required, in accordance with the schedule of
fees established in Article XI of this chapter.
Sec. 5- 77 --- 5 -84. Reserved.
ARTICLE VIII. PROPERTY MAINTENANCE CODE
Sec. 5 -85. Adopted.
24
The International Property Maintenance Code, 2000 edition, as
amended, revised and corrected, to include all appendixes, future
editions, revisions, amendments and corrections, published by the
International Code Council (ICC), one (1) copy of which is on file with the
city secretary, is hereby adopted and incorporated by reference as the
Property Maintenance Code of the City of Schertz, Texas, subject to and
including by reference as herein shall appear.
Sec. 5- 86 --- 5 -94. Reserved.
ARTICLE IX. ENERGY CODE
Sec. 5 -95. Adopted.
The International Energy Code, 2000 edition, as amended, revised
and corrected, to include all appendixes, future editions, revisions,
amendments and corrections, published by the International Code
Council (ICC), one (1) copy of which is on file with the city secretary, is
hereby adopted and incorporated by reference as the Energy Code of the
City of Schertz, Texas, subject to and including by reference as herein
shall appear.
Sec. 5- 96 --- 5 -104. Reserved.
ARTICLE X. BACKFLOW AND CROSS - CONNECTION
Sec. 5 -105. Adopted.
The manual of Cross - Connection Control, 1993 ninth edition, as
amended, revised and corrected, to include all future editions, revisions,
amendments and corrections, published by the Foundation for Cross
Connection Control and Hydraulic Research, University of Southern
California, one (1) copy of which is on file with the City Secretary, is
hereby adopted and incorporated as the Backflow and Cross - Connection
Code of the City of Schertz, Texas, subject to and including by reference
as herein shall appear.
Note: By adopting the Backflow and Cross - Connection requirements of
Section 5 -105, in no way shall appeal or set aside any of the
requirements of the Plumbing Code adopted by Section. 5 -75.
Sec. 5- 106 - - -5 -114. Reserved."
25
II
THAT, all ordinances or parts of ordinances in conflict with this
ordinance are hereby repealed.
Approved on first reading the Wday of 2000.
PASSED, APPROVED AND ADOPTED THE M /day of
2000.
Mayor, City of Schertz, Texas
ATTEST:
'�Q' �' � " , , " &' / a&- -- X, e�' �'- � �
City Secretary, City of Schertz
26
r _
,a 1 •
Schedule EXHIBIT 1
of
(a) Building Permit Fees
Total Valuation
$1,000.00 and less
thereof.
$1,001.00 to $15,000.00
$15,001.00 to $50,000.00
$50,001.00 to $100,000.00
$100,001.00 to $500,000.00
$500,001.00 and up
For each re- inspection
$20.00 per thousand or fraction
$20.00 for the first $1,000.00 plus
$6.00 for each additional $1,000.00
and fraction thereof.
$104.00 for the first $15,000.00
plus $5.00 for each additional
$1,000.00 and fraction thereof.
$279.00 for the first $50,000.00
plus $4.00 for each additional
$1,000.00 and fraction thereof.
$479.00 for the first $100,000.00
plus $4.00 for each additional
$1,000.00 and fraction thereof.
$1,679.00 for the first $500,000.00
plus $2.00 for each additional
$1,000.00 and fraction thereof.
E,-�
(b) Temporary Buildings or Structures
For the approval of a temporary building or structure, the fee shall be
$50.00.
(c) Temporary or Portable Signs
For the approval of a temporary or portable sign, the fee shall be
$50.00.
(d) Moving Permit Fee
For the moving of any building or structure, the fee shall be
$ 100.00.
131171111111111m IrtmIIIIII,
For the demolition of any building or structure, the fee shall be
$50.00
(f) Plan - Checking Fee
When the valuation of the proposed construction exceeds
$25,000.00 and a plan is required to be submitted by section 104.2, a
plan- checking fee shall be paid to the building official at the time of
submitting plans and specifications for checking. Said plan- checking fee
shall be equal to one -half of the building permit fee as set forth in 104.7.
Such plan- checking fee is in addition to the building permit fee.
(g) Contractor's License Fees
Required initial fee $100.00
Renewal fee (annually) $ 75.00
(h) Certificate of Occupancy Fee
For existing buildings of structures that require a certificate of
occupancy, a fee of $30.00 shall be paid at the time of filing application.
(i) Plumbing Permit Fees
1) For issuing each permit
2) Re- inspections
3) For each plumbing fixture or trap or
set of fixtures of one trap (including
water and drainage piping)
4) For each house sewer
5) For each house sewer having to be replaced
or repaired.
6) For each water heater and /or vent
7) For each gas pipe system of 1 to 4 outlets
8) For each gas pipe system of 5 or more outlets, per outlet
9) For each water service line
10) For each water service line to be replaced
$20.00
$40.00
$ 2.50
$ 5.00
$ 5.00
$ 2.50
$ 5.00
$ 1.00
$ 5.00
$ 5.00
or repaired.
each
11) For each water pipe for
$ 5.00
water treating equipment.
$ 2.00
12) For vacuum breakers or backflow protection
each
devices installed subsequent to the installation
over 50 hp.
of the piping or equipment served.
$10.00
One to five
$ 2.50
Over five, each
$ 1.50
13) For each sprinkler outlet
$ 1.00
0) Electrical Permit Fees
Permit Fee each $20.00
Receptacles, first 10 each $ .25
Receptacles, after the first 10 each $ .15
Switches each $ .15
(Motors)
Fractional hp.
each
$ 1.00
1 hp. up to 25 hp.
each
$ 2.00
25 hp. up to 50 hp.
each
$ 7.50
over 50 hp.
each
$10.00
Vent -A -Hood
each
$
1.50
Exhaust fans 24 inch or less
each
$
1.50
Ceiling fans
each
$
1.50
Attic fans
each
$
1.50
Blower fans
each
$
1.50
Furnace fans and wiring and controls
each
$
1.50
Lighted signs
each
$
1.00
(plus .05 for each socket)
each
$
.15
Lighting transformers up to 7 1/2 KVA.
each
$
1.50
7 1/2 KVA. to and including 25 KVA.
each
$
2.50
25 KVA. to and including 50 KVA.
each
$
4.00
over 50 KVA.
each
$
9.00
Bell transformers
each
$
.25
Fixtures, up to 10
each
$
.30
Fixtures after first 10
each
$
.15
Fluorescent fixtures
each
$
.50
Mercury vapor or sodium
each
$
1.50
Neon
each
$
1.50
(plus $1.00 for each transformer)
Electric water heaters each $ 1.50
Service drops overhead to building
each
$
1.50
Line poles and conductors
each
$
1.50
Service, feeders, manholes to building
each
$
1.50
Underground work
each
$
1.50
Meter loop, temporary construction
each
$
2.00
Meter loops rated 0 -60 amp.
each
$
1.50
Rated 61 -200 amp.
each
$
2.00
Rated 201 -400 amp.
each
$
4.50
Rated 401 -600 amp.
each
$
6.00
Over 600 amp.
each
$
8.00
Disconnects or circuit breakers 30 amp and up
each
$
1.00
Electric ranges
each
$
2.50
Water heaters
each
$
2.50
Other appliances
each
$
1.50
Switch boards, breaker assembly (1 -4)
each
$
3.00
Over 4 each $ 1.50
Main feeders
each
$
1.50
Sub - feeders
each
$
1.50
Storage battery room. Over 32 volts
each
$
1.50
Motor generator. Motor fees plus,
each
$
1.50
Paint spray booth
each
$
2.00
Motion picture booth
each
$
1.00
All three phase, add
each
$
1.00
Re- inspection fees
(i) Electrical License Fees
Master License
Renewals (annually)
Journeyman License
Renewals (annually)
Apprentice License
Renewals (annually)
each $40.00
each $150.00
each $125.00
each $75.00
each $50.00
each $25.00
each $15.00
(j) Mechanical Permit Pees
Total Valuation Fees
Issuing the permit $20.00
$1,000.00 or less $10.00
Over $1,000.00 $10.00 for the first $1,000.00
or fraction thereof, plus $2.00
for each additional $1,000.00
or fraction thereof.
Re- inspection $40.00
PASSED AND APPROVED 6th day o{ Augurt 2002.
PUBLISHER'S AFFIDAVIT
THE STATE OF TEXAS,
County of Guadalupe
Before me, the undersigned authority, on this date personally appeared Tommy D.
Crow, known to me, who, being by me duly sworn, on his oath deposes and says that
he is the Publisher of The Seguin Gazette - Enterprise, a newspaper published in said
county; that a copy of the within and foregoing notice was published in said newspaper
1 time before the return day named therein, such publications being on the following
dates:
December 8, 2000
and a newspaper copy of which is hereto attached.
r
Sworn to and subscribed before me this day of December, A.D., 2000.
CAROL ANN AVERY y
# !' Notary pac Sto of Texas
y CommiWon �� 08-31-2004 y
�ti��ti �,w�� '4 � % %I-�z %ce,ce, �
THE STATE OF TEXAS,
County of Guadalupe
f'�ct'v'j
PUBLISHER'S AFFIDAVIT 0)0'
Cdr
Y140-k- 4
toll
0
Before me, the undersigned authority, on this date personally appeared Tommy D.
Crow, known to me, who, being by me duly sworn, on his oath deposes and says that
he is the Publisher of The Seguin Gazette - Enterprise, a newspaper published in said
county; that a copy of the within and foregoing notice was published in said newspaper
1 time before the return day named therein, such publications being on the following
dates:
December 8, 2000
and a newspaper copy of which is hereto attached.
X "X
Sworn to and subscribed before me this day of December, A.D., 2000.
2 CAROL ANN AVERY y
tC f Notary Pic State of Tons
My Commtsslor� Expkes 08-31-2004 y
a , y Notary Public, Guadalupe County, Texas