HomeMy WebLinkAboutOrdinance - 2024-O0034 - 2021 International Codes And 2020 National Electrical Code - 03/26/2024First Reading
March 5, 2024
Item No. 6.10
ORDINANCE NO. 2024-00034
Second Reading
March 26, 2024
Item No. 5.41
AN ORDINANCE AMENDING ARTICLES 28.01, 28.02. 28.03, 28.04, 28.05, 28.06,
28.07, AND 28.08 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK,
TEXAS WITH REGARD TO THE GENERAL PROVISIONS OF BUILDING
REGULATIONS, ADMINISTRATION AND ENFORCEMENT OF BUILDING
REGULATIONS, MATERIALS, EQUIPMENT AND METHODS RELATED TO
BUILDING REGULATIONS, CONTRACTOR REGISTRATION, PERMITS AND
INSPECTIONS, CERTIFICATE OF USE AND OCCUPANCY PROVISIONS,
MOVEMENT AND RELOCATION OF STRUCTURES, AND DEMOLITION OF
BUILDINGS AND STRUCTURES; PROVIDING A PENALTY; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock, Texas deems it in the best interest of
the citizens of the City of Lubbock to protect their health, safety, and welfare to make the
following amendments to: the general provisions of building regulations; administration and
enforcement of building regulations; materials, equipment and methods related to building
regulations; contractor registration; permits and inspections; certificate of use and occupancy
provisions; movement and relocation of structures; and demolition of buildings and structures;
and
WHEREAS, the City Council hereby exercises its authority under Article 11, Section 5, of
the Texas Constitution as a home rule city to enact regulations not inconsistent with the
general laws of the State of Texas in the interest of the health, safety and welfare of the citizens
of the City of Lubbock; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Articles 28.01, 28.02. 28.03, 28.04, 28.05, 28.06, 28.07, and 28.08 of
the Code of Ordinances of the City of Lubbock is hereby amended to read as follows:
ARTICLE 28.01
GENERAL PROVISIONS
§ 28.01.001 Title.
The regulations contained in Articles 28.01 through 28.18 of this chapter shall be
collectively known as the building code of the City of Lubbock, hereinafter referred
to as "this code."
Editor's note — Terms italicized in Articles 28.01 — 28.09, other than document
titles, are defined in Chapter 2 of the International Building Code. Terms italicized in
Articles 28.10 — 28.18, other than document titles, are defined in Chapter 2 of each
specified code, excluding the National Electrical Code. Where italicized, the Chapter
2 definition applies. If not italicized, common-use definitions apply.
§ 28.01.002 Scope.
(a) The provisions of this code shall apply to the construction, alteration,
relocation, enlargement, replacement, repair, equipment, use and occupancy,
location, maintenance, removal and demolition of every building or structure
or any appurtenances connected or attached to such buildings or structures,
as well as the construction, alteration, relocation, enlargement, replacement,
repair, maintenance, removal and demolition of building systems governed
by the specific technical codes referenced in the following articles of this
chapter:
Article 28.09: The International Building Code, as amended;
Article 28.10: The International Plumbing Code, as amended;
Article 28.11: The International Mechanical Code, as amended;
Article 28.12: The National Electrical Code (NFPA 70), as amended;
Article 28.14: The International Residential Code, as amended;
Article 28.15: The International Fuel Gas Code, as amended;
Article 28.16: The International Energy Conservation Code, as amended;
Article 28.17. The International Existing Building Code; as amended;
Article 28.18. The International Swimming Pool and Spa Code; as amended;
(b) The general administrative provisions of this article are applicable to all work
governed by the provisions of Articles 28.09-28.18. Supplemental
administrative provisions applicable to the specific technical documents
adopted in Articles 28.09-28.18 of this chapter are included within the
applicable article, as are the technical provisions pertaining to that class of
work. Articles 28.09-28.18, as they existed on the date of adoption of this
section, shall continue in full force and effect until such time as the specific
technical codes referenced above are individually adopted.
Editor's not�See corresponding note located in Appendix A of this code.
§ 28.01.003 Appendices.
Provisions in the appendices of the technical codes shall not apply unless specifcally
set forth in the applicable article.
§ 28.01.004 Intent.
The purpose of this code is to establish the minimum requirements to provide a
reasonable level of safety, health and general welfare through structural strength,
means of egress, stability, sanitation, light and ventilation, energy conservation, and
for providing a reasonable level of life safety and property protection from the
hazards of fire, explosion or dangerous conditions, and to provide a reasonable level
of safety to fire fighters and emergency responders during emergency operations.
§ 28.01.005 Referenced codes.
The technical codes listed in Section 28.01.002 and adopted in Articles 28.09
through 28.18 shall be considered part of the requirements of this code to the
prescribed extent of each such reference. Where a conflict is determined to exist
between said codes and the provisions of this article and Articles 28.02 through
28.08, the provisions of the more specific code will generally govern, subject to
approval of the building official.
§ 28.01.006 General applicability.
Where, in any specific case, different sections of this code 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.
§ 28.01.007 Other laws.
The provisions of this code shall not be deemed to nullify any provisions of local,
state or federal law.
§ 28.01.008 Application of references.
References to chapter or section numbers, or to provisions not specifically identified
by number, shall be construed to refer to such chapter, section or provision of this
code.
§ 28.01.009 Referenced codes and standards.
The codes and standards referenced in this code shall be considered part of the
requirements of this code to the prescribed extent of each such reference. Where
differences occur between provisions of this code and referenced codes and
standards, the provisions of this code shall apply.
§ 28.01.010 Partial invalidity.
In the event that any part or provision of this code is held to be illegal or void, this
shall not have the effect of making void or illegal any of the other parts or
provisions.
§ 28.01.011 Existing structures and buildings.
The legal occupancy of any structure or building existing on the date of adoption of
this code shall be permitted to continue without change, except as is otherwise
specifically provided in this code, the International Existing Building Code, the City
of Lubbock's Property Maintenance Code or the International Fire Code, or as is
deemed necessary by the building official for the general safety and welfare of the
occupants and the public. A building or portion of a building that has not been
previously occupied or used for its intended purpose in accordance with the laws in
existence at the time of its completion shall comply with the provisions of the
International Building Code or International Residential Code, as applicable, for new
construction or with any current permit for such occupancy.
§ 28.01.012 Connection of service utilities prior to approval.
It shall be unlawful for any person or utility company to make any permanent or
temporary connection from a utility, source of energy, fuel or power to any new
building or system that is regulated by this code until released by the building
official.
§ 28.01.013 Temporary connection of utilities.
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 for
construction and other approved circumstances. It shall be unlawful for any building
to be occupied by the permanent residents or tenants while temporarily connected to
utilities.
§ 28.01.014 Unsafe structures and equipment.
All buildings or structures which are or hereafter become structurally unsafe,
unsanitary or deficient because of inadequate means of egress, inadequate light and
ventilation, or which constitute a fire hazard, or are otherwise dangerous to human
life, or which in relation to existing use constitute a hazard to safety or health, or
public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire
hazard, disaster damage or abandonment, or by reason of illegal or improper
occupancy as specified in the Code of Ordinances or any other ordinance, are, for the
purpose of this section, unsafe buildings. All such unsafe buildings are hereby
declared to be public nuisances and shall be abated by repair, rehabilitation,
demolition or removal in accordance with the procedures specified in Section
34.01.001 of the Code of Ordinances, the City of Lubbock Property Maintenance
Code, or by any other procedures provided by law. To the extent that repairs,
alterations, or additions are made or a change of occupancy occurs during the
restoration of the structure, such repairs, alterations, additions and change of
occupancy shall comply with the requirements of the International Existing Building
Code.
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§ 28.01.015 Model codes and construction advisory board.
Provisions concerning the model codes and construction advisory board are as
provided in Article 2.03, Division 13 of this code.
§ 28.01.016 Building board of appeals.
Provisions concerning the building board of appeals are as provided in Article 2.03,
Division 14 of this code.
ARTICLE 28.02
ADMINISTRATION AND ENFORCEMENT
Division 1
Generally
§ 28.02.001 Liability.
The building official, member of the board of appeals or employee charged with the
enforcement of this code, while acting for the jurisdiction in good faith and without
malice in the discharge of the duties required by this code or other pertinent law or
ordinance, shall not thereby be civilly or criminally 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 or criminal complaint 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 code shall be defended by legal
representative of the jurisdiction 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 code.
§ 28.02.002 Work done in violation of licensing laws.
It shall be unlawful for a general contractor, subcontractor, owner or builder to
perform, or to allow or permit to be performed, any electrical, plumbing or
mechanical work, on a project permitted by him or otherwise within his control, by
any person not in possession of the required license, or in violation of the provisions
of any licensing law of the State of Texas or the City of Lubbock, where such laws
require licensing and are applicable to the work in question.
§ 28.02.003 Unlawful acts.
It shall be unlawful for any person, firm or corporation to erect, construct, alter,
extend, repair, move, remove, demolish or occupy any building, structure, system or
equipment regulated by this code, or cause same to be done, in conflict with or in
violation of any of the provisions herein, or any rules established by the building
official for the administration of this code. It shall also be unlawful for any person,
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frm or corporation to fail to abide by a lawful order or directive given by the
building official for purposes of securing the intent of this code.
§ 28.02.004 Notice of violation.
The building official is authorized to serve a notice of violation or order on the
person responsible for the erection, construction, alteration, extension, repair,
movement, removal or demolition of any building or system regulated by this code,
or occupancy of a building or structure in violation of the provisions of this code, or
in violation of a permit or certificate issued under the provisions of this code. Such
order shall direct the discontinuance of the illegal action or condition and the
abatement of the violation.
§ 28.02.005 Prosecution of violation.
If the notice of violation is not complied with promptly, the building official is
authorized to request the legal counsel of the jurisdiction to institute the appropriate
proceeding at law or in equity to restrain, correct or abate such violation, or to
require the removal or termination of the unlawful occupancy of the building or
structure in violation of the provisions of this code or of the order or direction made
pursuant thereto. Additionally, the building official may file, or cause to be filed, a
criminal complaint in municipal court for any violation of this code.
§ 28.02.006 Penalties for violation.
Any person who violates a provision of this code or fails to comply with any of the
requirements thereof or who erects, constructs, alters or repairs a building, structure
or regulated system in violation of the approved construction documents or a
directive of the building official, or of a permit or certificate issued under the
provisions of this code, shall, upon conviction, be subject to a fine, and each day that
such violation is allowed to exist shall constitute a separate offense.
§ 28.02.007 Stop work orders—Issuance.
Where the building official finds any work regulated by this code being performed in
a manner contrary to the provisions of this code or in a dangerous or unsafe manner,
the building official is authorized to issue a stop work order.
§ 28.02.008 Same—Form and contents.
The stop work order shall be in writing and shall be given to the owner of the
property involved, the owner's authorized agent, or to the person doing the work.
Upon issuance of a stop work order, the cited work shall immediately cease. The
stop work order shall state the reason for the order, and the conditions under which
the cited work is authorized to resume.
§ 28.02.009 Same—Unlawful continuance of work.
Any person who shall continue any work after having been served with a stop work
order, except such work as that person is directed to perform to remove a violation or
unsafe condition, shall be subject to penalties as prescribed by law.
§ 28.02.010 Emergencies.
Where an emergency exists, the building offrcial shall not be required to give a
written notice prior to stopping the work.
§ 28.02.011 through § 28.02.050. (Reserved)
Division 2
Department of Building Safety and Building Official
§ 28.02.051 Creation of enforcement agency.
The department of building safety is hereby created and the official in charge thereof
shall be known as the building official. The function of the agency shall be the
implantation, administration and enforcement of the provisions of this code.
§ 28.02.052 Appointment of building official.
The building official shall be appointed by the chief appointing authority of the
jurisdiction.
§ 28.02.053 Deputies.
In accordance with the prescribed procedures of this jurisdiction and with the
concurrence of the appointing authority, the building official shall have the authority
to appoint a deputy building official, other related technical officers, inspectors, plan
examiners and other employees. Such employees shall have powers as delegated by
the building official.
§ 28.02.054 General duties and powers of building official.
The building official is hereby authorized and directed to enforce the provisions of
this code. The building official shall have the authority to render interpretations of
this code and to adopt policies and procedures in order to clarify the application of its
provisions. Such interpretations, policies and procedures shall be in compliance with
the intent and purpose of this code. Such policies and procedures shall not have the
effect of waiving requirements specifically provided for in this code. The building
official shall have authority as necessary in the interest of public health, safety and
general welfare to adopt and promulgate rules and regulations to interpret and
implement the provisions of this code to secure the intent thereof and to designate
requirements applicable because of local climatic or other conditions. Such rules
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shall not have the effect of waiving structural or fre performance requirements
specifically provided for in this code, or of violating accepted engineering practice
involving public safety.
§ 28.02.055 Applications and permits.
The building official shall receive applications, review construction documents and
issue permits for the erection, and alteration, demolition and moving of buildings
and structures, inspect the premises for which such permits have been issued and
enforce compliance with the provisions of this code.
§ 28.02.056 Notices and orders.
The building offrcial shall issue all necessary notices or orders to ensure compliance
with this code.
§ 28.02.057 Inspections.
The building offrcial 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 on unusual technical issues that arise, subject to the approval of the appointing
authority.
§ 28.02.058 Identification.
The building official shall carry proper identification when inspecting structures or
premises in the performance of duties under this code.
§ 28.02.059 Right of entry.
Where it is necessary to make an inspection to enforce the provisions of this code, or
where the building official has reasonable cause to believe that there exists in a
structure or on a premises a condition that is contrary to or in violation of this code
that makes the structure or premises unsafe, dangerous or hazardous, the building
offecial is authorized to enter the structure or premises at reasonable times to inspect
or to perform the duties imposed by this code, 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 offrcial 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. When the
building official shall have first obtained a proper inspection warrant or other remedy
provided by law to secure entry, no owner or occupant or person having charge, care
or control of any building or premises shall fail or neglect, after proper request is
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made as herein provided, to promptly permit entry therein by the building offrcial for
the purpose of inspection and examination pursuant to this code.
§ 28.02.060 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. Such records shall be retained in the ofiicial records for the period required
for retention of public records.
§ 28.02.061 Authority to disconnect service utilities.
The building official shall have the authority to authorize immediate disconnection of
temporary utility service to a building, structure or system regulated by this code.
The building official shall have the authority to authorize disconnection of permanent
utility service in case of emergency where necessary to eliminate an immediate
hazard to life or property. The building official shall notify the serving utility, and
wherever possible the owner or the owner's authorized agent and occupant of the
building, structure or service system of the decision to disconnect prior to taking
such action. The placement of a door hanger shall be considered sufficient
notification to the owner or the owner's authorized agent and occupant. If not
notified prior to disconnecting, the owner or the owner's authorized agent or
occupant of the building, structure or service system shall be notified in writing, as
soon as practical thereafter. It shall be unlawful for any person or utility company to
refuse an order of the building official to disconnect a utility, source of energy, fuel
or power to any building or system in accordance with this section.
§ 28.02.062 Modifications.
Where there are practical difficulties involved in carrying out the provisions of this
code, the building official shall have the authority to grant modifications for
individual cases, upon application of the owner or owner's representative, provided
the building official shall first find that special individual reason makes the strict
letter of this code impractical, the modification is in compliance with the intent and
purpose of this code and that such modification does not lessen health, accessibility,
life and fire safety, or structural requirements. The details of action granting
modifications shall be recorded and entered in the files of the department of building
safety.
ARTICLE 28.03
MATERIALS, EQUIPMENT AND METHODS
§ 28.03.001 Approved materials and equipment.
Materials, equipment and devices approved by the building official shall be
constructed and installed in accordance with such approval.
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§ 28.03.002 Used materials and equinment.
Materials that are reused shall comply with the requirements of this code for new
materials. Used equipment and devices shall not be reused unless approved by the
building offrcial.
§ 28.03.003 Alternative materials, design and methods of construction and
equipment.
The provisions of this code are not intended to prevent the installation of any
material or to prohibit any design or method of construction not specifically
prescribed by this code, 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 alternative meets all of the following:
1. The alternative material, design or method of construction is satisfactory and
complies with the intent of the provisions of this code,
2. The material, method or work offered is, for the purpose intended, not less
than the equivalent of that prescribed in this code as it pertains to the
following:
2.1. Quality.
2.2. Strength
2.3. Effectiveness.
2.4. Fire resistance.
2.5. Durability.
2.6. Safety.
Where the alternative material, design or method of construction is not approved, the
building official shall respond in writing, stating the reasons why the alternative was
not approved.
§ 28.03.004 Research reports.
Supporting data, where necessary to assist in the approval of materials or assemblies
not specifically provided for in this code, shall consist of valid research reports from
approved sources.
§ 28.03.005 Tests.
Whenever there is insufficient evidence of compliance with the provisions of this
code, or evidence that a material or method does not conform to the requirements of
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this code, 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 without expense to the jurisdiction. Test methods shall be as specified in
this code or by other recognized test standards. In the absence of recognized and
accepted test methods, the building offrcial shall approve the testing procedures.
Tests shall be performed by an approved agency. Reports of such tests shall be
retained by the building official for the period required for retention of public
records.
ARTICLE 28.04
CONTRACTOR REGISTRATION
§ 28.04.001 Registration of contractors required.
No permit for work required by this code shall be issued to any contractor or other
person unless such contractor or person is registered with the building official of the
city in accordance with the following provisions:
Exceptions:
(1) No registration shall be required for a homeowner seeking a permit to
perform authorized work on his/her existing primary personal residence (homestead),
provided that the homeowner and/or a family member personally performs the work
and no such person holds himself out as providing contracting services for the
public. Any such homeowner seeking to construct his own home, including the
installation and setup of any moved building or manufactured home, shall be
required to be registered as a contractor.
(2) No registration shall be required for a building owner seeking a permit to
perform authorized work on rental residential property owned by him, or on business
property owned and occupied by him, provided that he personally performs the work
and does not hold himself out as performing contracting services for the public.
(3) No registration shall be required for full-time building maintenance personnel
seeking a permit to perform authorized work on a commercial building owned and
occupied by persons employed by the same company or organization, provided that
they do not hold themselves out as performing contracting services for the public.
(4) The building ofiicial may require any proof deemed necessary to verify
ownership and occupancy for the purposes of (1) and (2) above, and may require the
applicant's execution of an affidavit attesting to any fact that cannot otherwise be
verified, including a sworn statement that the project will not be subcontracted to
other parties.
(5) The above exceptions shall not be construed as authorizing work for which a
license is otherwise required by applicable state law.
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§ 28.04.002 Requirements for registration.
Application for registration as a contractor shall be made upon forms provided by the
building official. All data requested shall be provided. In addition to a completed
application form, proof of insurance and/or bonding, as specified below, shall be
provided at the time of application, as well as all required registration fees.
§ 28.04.003 Bond requirements.
Except as may otherwise be provided in this article, any person, firm or corporation
seeking registration as a contractor in order to obtain permits required by this code
shall file with the building official a good and sufficient bond in the amount of
twenty thousand dollars ($20,000.00) issued by a surety company authorized to do
business in the state. Such bond shall contain language approved by the city attorney
for its intended purpose, and shall be conditioned upon compliance with all
provisions of the building code, and all other applicable ordinances and regulations
of the city by the principal, his agents and employees. All sureties on said bond shall
be liable for breach thereof to the city, to the owner of the property upon which work
is performed, to any person, firm or corporation with whom the principal has
contracted either orally or in writing to perform building construction, alteration,
repair or other work, and to any person who may be damaged or injured by the
principal's failure to comply with the regulations, ordinances and building code of
the city. A claim upon said bond may be made by any person damaged by reason of
the principal's failure to perform his obligations under the ordinances, building code
and regulations of the city. Suspension or revocation of any license or permit shall
not limit the liability of either the principal or the surety on any such bond.
§ 28.04.004 Insurance requirements.
Any person, firm or corporation seeking to obtain permits required by this code shall
have in force a comprehensive general liability insurance policy in a minimum
amount of one hundred thousand dollars ($100,000.00) per occurrence, and including
coverage for bodily injury and property damage with products liability and
completed operations coverage. Prior to approval of any permits, the applicant shall
furnish the building official with a certificate of insurance evidencing the required
insurance coverage. The certificate shall include the company name and DBA, if
applicable, and shall clearly indicate the nature of the work for which permits are
sought. The insurance coverage shall include a provision that in the event such
coverage is cancelled or reduced, the insurance carrier shall notify the building
official at least ten (10) days prior to such cancellation or reduction in coverage. Any
active permit shall be automatically suspended during any period in which the
applicant fails to maintain in effect the required insurance coverage.
§ 28.04.005 Denial, suspension and revocation.
The building official may deny, suspend, or revoke a contractor registration under
the following conditions:
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(1) Failure to accurately complete the application form;
(2) Failure to obtain and keep in effect required insurance or bonds;
(3) Failure to pay required fees;
(4) Receipt of a notice of insufficient funds for checks made payable to the City
of Lubbock for registration or permit fees;
(5) Providing false information on any application;
(6) Failure to maintain and keep in effect any license, registration, or certification
required by the State of Texas in order to legally pursue the applicable
construction trade, or violation of applicable State of Texas licensing laws;
(7) Refusal to correct violations of this code after notice;
(8) Continuous or repeated violations of the city Code of Ordinances or
applicable state or federal laws;
(9) Gross technical incompetence, as evidenced by work quality not meeting
applicable codes or accepted industry standards, that could reasonably be
determined to constitute a hazard to the health, safety or welfare of any
person;
(10) Illegal behavior towards a government employee during the discharge of his
or her official duties.
(11) For purposes of (9) above, an acceptable guideline for determining "accepted
industry standards" shall include the specifications recommended by the
Construction Specifications Institute (CSI), and/or the performance standards
promulgated by the Texas Residential Construction Commission.
(12) With regard to (6)—{10) above, the registered contractor shall be responsible
for the actions of all subcontractors or tradesmen performing work under the
scope of the contractor's permit.
§ 28.04.006 Appeal of denial, suspension or revocation.
A situation where a registration has been denied, suspended or revoked under
Section 28.04.005(7)�9) above may be appealed to the license and permit appeals
board.
§ 28.04.007 Expiration.
(a) Registrations shall expire December 31 of each year and must be renewed
annually in order to obtain permits or to continue work pursuant to active
permits.
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(b) Failure to keep proper bonds or insurance in force will result in automatic
termination of registration and will invalidate any active permits. In order to
reinstate registration and any active permits, all fees, including registration
and permit fees, must again be paid as for an initial application.
§ 28.04.008 Fees.
Registration for the year is valid from January 1 S� through December 31 S' and must be
renewed annually. Annual renewal fee is for select contractor types, as allowed by
state law. Fees may be adjusted by the city council periodically in accordance with
section 1.03.004 of this Code of Ordinances.
§ 28.04.009 Responsibility for compliance with chapter.
The building owner and any contractor performing work governed by the technical
codes are jointly responsible for compliance with the provisions of this chapter.
Where a contractor is employed by the owner to perform said work, the contractor
must be registered in accordance with section 28.04.001 of this article, and must
obtain all required permits. Where a contractor is otherwise required to be licensed
by the state to practice in his/her respective area, and the statutes governing that
licensee prohibit the city from requiring that the licensee obtain a registration,
permit, or other approval from the city in connection with their practice, then the
property owner is responsible for ensuring compliance of the work with the
provisions of this chapter, including any requirement to submit construction
documents and obtain permits or inspection approvals. The term "property owner"
includes authorized representatives of the owner, such as full-time maintenance
personnel, property management agents, and employees working in a supervisory
capacity with responsibility for the premises.
ARTICLE 28.05
PERMITS AND INSPECTIONS
Division 1
Generally
§ 28.05.001 Permit required.
Any owner or owner's authorized agent 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 code,
or to cause any such work to be performed, shall first make application to the
building official and obtain the required permit.
§ 28.05.002 Application for permit.
To obtain a permit, the applicant shall first file an application therefor in writing or
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digitally typed on a form furnished by the department of building safety for that
purpose. Such application shall:
(1) Identify and describe the work to be covered by the permit for which
application is made.
(2) Describe the land on which the proposed work is to be performed 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
required in this article and Articles 28.09-28.18.
(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.
§ 28.05.003 Construction submittal documents.
Submittal documents consisting of construction documents, statement of special
inspection, geotechnical report and other data shall be submitted in a digital format,
or one or more sets where allowed by the building offrcial, with each application for
a permit. Construction documents shall be prepared by and bear the seal(s) of the
appropriate registered design professional as follows:
(1) Architect registered in the state:
(A) As required by Section 1051.551 of the Texas Occupations Code;
(B) Where any building alteration is undertaken that will affect the means
of egress within any building containing a Group A, E or I occupancy,
or within any building where an egress path serving 50 or more
occupants is affected;
(C) As otherwise required by the building offrcial.
(2) Engineer licensed in the state:
(A) As required by Section 1001.402 of the Texas Occupations Code;
(B) As otherwise required by the building official.
Exception:
15
The building official is authorized to waive the submission of construction
documents and other data not required to be prepared by a registered design
professional if it is found that the nature of the work applied for is such that
review of construction documents is not necessary to obtain compliance with this
code.
The building official is authorized to alter or waive the requirement that
construction documents be prepared and sealed by a registered architect where th�
work involves the alteration of an egress system involving only the limited
replacement of approved door hardware not involving the addition of access
control or delayed egress locks.
§ 28.05.004 Information on construction documents.
Construction documents shall be dimensioned and submitted as an electronic media
document. Construction documents drawn on suitable material are permitted to be
submitted when approved by the building offrcial. Construction documents shall be
of sufficient clarity to indicate the location, nature and extent of the work proposed
and show in detail that it will conform to the provisions of this code and relevant
laws, ordinances, rules and regulations, as determined by the building offrcial.
§ 28.05.005 Specific submittal requirements.
Submittal requirements specific to each of the technical codes are included in
Articles 28.09-28.18.
§ 28.05.006 Examination of documents.
The building official shall examine or cause to be examined the accompanying
submittal documents and shall ascertain by such examinations whether the
construction indicated and described is in accordance with the requirements of this
code and other pertinent laws or ordinances.
§ 28.05.007 Approval of construction documents.
When the building official issues a permit, the construction documents shall be
approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of
construction documents so reviewed shall be retained by the building official. The
other set shall be returned to the applicant, shall be kept at the site of work and shall
be open to inspection by the building official or a duly authorized representative.
§ 28.05.008 Previous approvals.
This code shall not require changes in the construction documents, construction or
designated occupancy of a structure for which a lawful permit has been heretofore
issued or otherwise lawfully authorized, and the construction of which has been
16
pursued in good faith within 180 days after the effective date of this code and has not
been abandoned.
§ 28.05.009 Phased approval.
The building official is authorized to issue a permit for the construction of
foundations or any other part of a building or structure before the construction
documents for the whole building or structure have been submitted, provided that
adequate information and detailed statements have been filed complying with
pertinent requirements of this code. The holder of such permit for the foundation or
other parts of a building or structure shall proceed at the holder's own risk with
building operation and without assurance that a permit for the entire structure will be
granted.
§ 28.05.010 Design professional in responsible charge.
Where it is required that documents be prepared by a registered design professional,
the building official shall be authorized to require the owner or the owner's
authorized agent to engage and designate on the building permit application a
registered design professional who shall act as the registered design professional in
responsible charge. If the circumstances require, the owner or the owner's
authorized agent shall designate a substitute registered design professional in
responsible charge who shall perform the duties required of the original registered
design professional in responsible charge. The building official shall be notified in
writing by the owner or owner's authorized agent if the registered design
professional in responsible charge is changed or is unable to continue to perform the
duties. The registered design professional in responsible charge shall be responsible
for reviewing and coordinating submittal documents prepared by others, including
phased and deferred submittal items, for compatibility with the design of the
building.
§ 28.05.011 Deferred submittals.
Deferral of any submittal items shall have the prior approval of the building official.
The registered design professional in responsible charge shall list the deferred
submittals on the construction documents for review by the building official.
Documents for deferred submittal items shall be submitted to the registered design
professional in responsible charge who shall review them and forward them to the
building official with a notation indicating that the deferred submittal documents
have been reviewed and been found to be in general conformance to the design of the
building. The deferred submittal items shall not be installed until the deferred
submittal documents have been approved by the building official.
§ 28.05.012 Amended construction documents.
Work shall be installed in accordance with the approved construction documents,
and any changes made during construction that are not in compliance with the
17
approved construction documents shall be resubmitted for approval as an amended
set of construction documents. Change orders and other amendments to the
construction documents require review and approval in the same manner as that of
the original permit documents prior to incorporating the changes in the field, unless
otherwise approved by the building official.
§ 28.05.013 Retention of construction documents.
One set of approved construction documents shall be retained by the building offrcial
for a period of not less than 180 days from date of completion of the permitted work,
or longer if required by state records retention laws or organizational policy.
§ 28.05.014 Action on application.
The building official shall examine or cause to be examined applications for permits
and amendments thereto within a reasonable time after filing. An application shall
not be considered "filed" until all initial submittal information, as indicated on
applicable application forms, is received. Within 45 days from the date of filing of
the application, if the building official is satisfied that the proposed work conforms to
the requirements of this code and laws and ordinances applicable thereto, the
building official shall issue a permit therefor. If the permit is not issued for failure of
the application or construction documents to conform to the requirements of
applicable laws, the applicant shall be notified that the permit has been denied and
the reasons therefor. Alternatively, if not denied for failure of the application or
associated construction documents to meet applicable requirements, the building
official may, prior to the expiration of 45 days from the filing date, negotiate a future
date when the permit will be issued or denied.
§ 28.05.015 Time limitation of permit application.
An application for a permit for any proposed work shall be deemed to have been
abandoned 180 days after the date the application is received, unless such application
has been pursued in good faith or a permit has been issued; except that the building
official is authorized to grant one or more extensions of time for additional periods
not exceeding 90 days each. The extension shall be requested in writing prior to
expiration, and justifiable cause demonstrated.
§ 28.05.016 Validity of permit.
The issuance or granting of a permit shall not be construed to be a permit for, or an
approval of, any violation of any of the provisions of this code or of any other
ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel
the provisions of this code or other ordinances of the jurisdiction shall not be valid.
The issuance of a permit based on construction documents and other data shall not
prevent the building offrcial from requiring the correction of errors in the
construction documents and other data. The building official is authorized to prevent
occupancy or use of a structure where in violation of this code or of any other
18
ordinances of this jurisdiction.
§ 28.05.017 Expiration of permit.
Every permit issued shall expire by limitation and become invalid unless the work on
the site authorized by such permit is commenced within 180 days after its issuance,
or if the work authorized on the site by such permit is suspended or abandoned for a
period of 180 days after the time the work is commenced. In determining the date of
cessation of building activity, the building official may use the last inspection date
associated with the permit, or any subpermits applicable to the project. The building
official may consider proof of activity involving correspondence, invoices, checks,
and other dated documents submitted by the contractor that are clearly associated
with construction at the subject premises. The building official is authorized to grant,
in writing, one or more extensions of time, for periods not more than 180 days each.
The extension shall be requested in writing prior to expiration, and justifiable cause
demonstrated. A permit that has been allowed to expire may be extended for a 180-
day period upon reapplication and payment of one-half of the original permit fees.
Incomplete building projects where the permit has expired with no request for
extension thereof shall be deemed abandoned and shall constitute a public nuisance
actionable under the provisions of section 34.01.001 of this Code of Ordinances.
§ 28.05.018 Annual permit.
In lieu of an individual permit for each alteration to an already approved electrical,
gas, mechanical or plumbing installation, the building official is authorized to issue
an annual permit upon application therefor to any person, firm or corporation
regularly employing one or more qualified tradespersons in the building, structure or
on the premises owned or operated by the applicant for the permit.
§ 28.05.019 Annual permit records.
The person to whom an annual permit is issued shall keep a detailed record of
alterations made under such annual permit. The building official shall have access to
such records at all times or such records shall be filed with the building official as
designated.
§ 28.05.020 Emergency repairs.
Where equipment replacements and repairs must be performed in an emergency
situation, the permit application shall be submitted within the next working business
day to the building official.
§ 28.05.021 Placement of permit.
The permit or an approved copy shall be kept on the site of the work in a manner and
location to be determined by the building official until the completion of the project.
19
§ 28.05.022 Transferring of permit.
(a) The building official shall issue only one permit per job site for the same or
identical work with the following exceptions:
(1) Where the current permittee has failed to complete the work, is no
longer associated with the project, and such fact is communicated in
writing to the building offrcial by the general contractor or owner;
(2) Where the building official is notified in writing by the current
permittee that his contract for the work is no longer in effect; or
(3) Where the building official has been notified in writing by the general
contractor or owner that the current permittee originally permitted to
do the work at the job site has been replaced with a new contractor.
(b) In every case where the building official determines that a new permit will be
issued to a new contractor, and the scope of the work remains unchanged
from that covered by the original permit, the person requiring such permit
shall pay a transfer fee of two hundred fifty dollars ($250.00), but in no case
more than the fee for the original permit, and no refund shall ever be made on
the original permit issued. Where the scope of the work has or will be
changed such that a new plan review is necessary, the fee for the reissued
permit shall be the same as that for a new project.
(c) The building official is authorized to require any other type of evidence from
the general contractor, owner or permittee which he deems necessary to
determine whether to terminate an existing permit and issue a new permit for
the same work. At the discretion of the building official, an investigative
inspection of the premises that is the subject of the permit may be required to
support a decision to terminate and/or reissue any permit. Fees for said
inspection shall be paid in advance as per current fee schedules.
(d) The issuance of a new permit under this section shall release the first
permitted contractor or builder from any responsibility for compliance with
this code for work completed by said contractor or builder and the newly
permitted contractor or builder shall become responsible for compliance with
this building code for the entire job, including work done by the prior
contractor or builder.
(e) The building official shall require the owner, general contractor or other
interested person to execute an indemnity agreement agreeing to save
harmless and defending the city and building official from any and all
liability which may be alleged as a result of the issuance of a new permit
under this section and to require said agreement to be secured by bonds and
insurance deemed appropriate unless a release is signed by all parties.
20
(� This section shall apply to all types of permits issued by the building official.
§ 28.05.023 through § 28.05.060. (Rescrved)
Division 2
Exemptions
§ 28.05.061 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. Where determined by
the building offrcial, permits may be waived for small and unimportant work, and as
set forth in Sections 28.05.062 through 28.05.068 of this division.
§ 28.05.062 Building work.
[Building work exempted is as follows:]
(1) One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area does not exceed 200
square feet (11.15 m2).
(2) Fences not over 7 feet (2134 mm) high.
(3) Oil derricks.
(4) Retaining walls which are not over 4 feet (1219 mm) in height measured
from the bottom of the footing to the top of the wall, unless supporting a
surcharge or impounding class I, II or III-A liquids.
(5) Water tanks supported directly on grade if the capacity does not exceed 5,000
gallons (18,925 L) and the ratio of height to diameter or width does not
exceed 2 to 1.
(6) Sidewalks and driveways not more than 30 inches (762 mm) above grade and
not over any basement or story below and which are not part of an accessible
route.
(7) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
(8) Temporary motion picture, television and theater stage sets and scenery.
(9) Prefabricated swimming pools accessory to a Group R-3 occupancy, which
are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18,925
L) and are installed entirely above ground.
21
(10) Shade cloth structures constructed for nursery or agricultural purposes and
not including service systems.
(11) Swings and other playground equipment accessory to detached one- and two-
family dwellings.
(12) Window awnings in Group R-3 and U occupancies, supported by an exterior
wall which do not project more than 54 inches (1372 mm) from the exterior
wall and do not require additional support.
(13) Movable and nonfixed cases, counters and partitions not over 5 feet 9 inches
(1753 mm) in height.
§ 28.05.063 Electrical work.
[Electrical work exempted is as follows:]
(1) Repairs and maintenance: Minor repair work, including the replacement of
lamps or the connection of approved portable electrical equipment to
approved permanently installed receptacles.
(2) Radio and television transmitting stations: The provisions of this code shall
not apply to electrical equipment used for radio and television transmissions,
but do apply to equipment and wiring for power supply, the installations of
towers and antennas.
(3) Temporary testing systems: A permit shall not be required for the installation
of any temporary system required for the testing or servicing of electrical
equipment or apparatus.
(4) Other work exempted by the National Electrical Code.
§ 28.05.064 Gas work.
[Gas work exempted is as follows:]
(1) Portable heating appliance.
(2) Replacement of any minor part that does not alter approval of equipment or
make such equipment unsafe.
(3) Other work exempted by the International Fuel Gas Code.
(1983 Code, sec. 6-42.3; Ordinance 2005-00140, sec. 1, adopted 12/15/2005)
§ 28.05.065 Mechanical work.
[Mechanical work exempted is as follows:]
22
(1) Portable heating appliance.
(2) Portable ventilation equipment.
(3) Portable cooling unit.
(4) Steam, hot or chilled water piping within any heating or cooling equipment
regulated by this code.
(5) Replacement of any part which does not alter its approval or make it unsafe.
(6) Portable evaporative cooler.
(7) Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of
refrigerant and actuated by motors of 1 horsepower (746 W) or less.
(8) Other work exempted by the International Mechanical Code.
§ 28.05.066 Plumbing work.
[Plumbing work exempted is as follows:]
(1) The stopping of leaks in drains, water, soil, waste or vent pipe provided,
however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe
becomes defective and it becomes necessary to remove and replace the same
with new material, such work shall be considered as new work and a permit
shall be obtained and inspection made as provided in this code.
(2) The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures,
and the removal and reinstallation of water closets, provided such repairs do
not involve or require the replacement or rearrangement of valves, pipes or
fixtures.
(3) Other work exempted by the International Plumbing Code.
§ 28.05.067 Repairs exempt from permitting requirements.
Application or notice to the building official is not required for ordinary repairs to
structures, replacement of lamps or the connection of approved portable electrical
equipment to approved permanently installed receptacles. Such repairs shall not
include the cutting away of any wall, partition or portion thereof, the removal or
cutting of any structural beam or load-bearing support, or the removal or change of
any required means of egress, or rearrangement of parts of a structure, including
doors, hardware or security systems, affecting the egress requirements; nor shall
ordinary repairs include addition to, alteration of, replacement or relocation of any
standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or
similar piping, electric wiring or mechanical or other work affecting public health or
23
general safety.
§ 28.05.068 Public service agencies.
A permit shall not be required for the installation, alteration or repair of generation,
transmission, distribution or metering or other related equipment that is under the
ownership and control of public service agencies by established right.
§ 28.05.069 through § 28.05.100. (Reserved)
Division 3
Fees
§ 28.05.101 Required.
A permit shall not be valid until the fees prescribed herein have been paid, nor shall
an amendment to a permit be released until the additional fee, if any, has been paid.
Unless otherwise specified below, fees for permits required by this code shall be paid
at the time of issue. Fee amounts shall be in accordance with the permit fee schedule
as adopted by the city council in the city's budget and periodically adjusted pursuant
to Section 1.03.004 of this Code of Ordinances. A schedule of such fees shall be
filed with the city secretary and with the building official.
§ 28.05.102 Building permit valuations.
The applicant for a permit shall provide an estimated permit value at time of
application. Permit valuations shall include total value of work, including materials
and labor, for which the permit is being issued, such as electrical, gas, mechanical,
plumbing equipment and permanent systems. If, in the opinion of the building
official, the valuation is underestimated on the application, the permit shall be
denied, unless the applicant can show detailed estimates to meet the approval of the
building official. Final building permit valuation shall be set by the building official.
§ 28.05.103 New construction permit fees.
(a) One- and two- amilv dwellings. Building permit fees shall be a set dollar
amount per square foot of gross building area under roof, inclusive of all
stories, unheated attached garages, covered porches and balcony areas.
Building permit fees for detached accessory buildings associated with one-
and two-family dwellings shall be a set dollar amount per square foot of gross
building area under roof, including unheated areas. Building permit fees for
additions to existing floor area shall be as for new construction except that
the gross floor area of the addition alone shall be used to determine
appropriate fees. The minimum permit fee shall apply; however, where more
than one inspection is required an additional fee may be applied for each such
additional inspection.
24
(b) New construction other than one- and two- amilv dwellings. Building permit
fees shall be a set dollar amount per square foot of gross building area under
roof, inclusive of all stories and covered unenclosed areas. Building permit
fees for additions to existing floor area shall be as for new construction
except that the gross floor area of the addition alone shall be used to
determine appropriate fees. The minimum permit fee shall apply; however,
where more than one inspection is required an additional fee may be applicd
for each such additional inspection.
(c) Plumbing, mechanical and electrical systems. Permit fees for plumbing,
mechanical, electrical and other systems associated with new construction
shall be as set forth in the applicable Article 28.10 — 28.18.
§ 28.05.104 Renovation and remodeling permit fees.
(a) One- and two-family dwellings. Building permit fees for renovation and
remodeling of one- and two-family dwellings, as well as buildings accessory
thereto, shall be a set dollar amount per $1,000.00 construction valuation or
fraction thereo£ The minimum permit fee shall apply; however, where more
than one inspection is required an additional fee may be applied for each such
additional inspection.
(b) Other than one- and two family dwellings. Building permit fees for
renovation or remodeling of buildings other than one- and two-family
dwellings shall be a set dollar amount per $1,000.00 construction valuation or
fraction thereo£ The minimum permit fee shall apply; however, where more
than one inspection is required an additional fee may be applied for each such
additional inspection.
(c) Plumbin�mechanical and electrical s sty ems. Permit fees for plumbing,
mechanical, electrical and other systems proposed for alteration,
rehabilitation or remodel shall be as set forth in the applicable article 28.10—
28.16.
(d) Stated construction valuations for purposes of determining applicable permit
fees are subject to verification by the building official. Toward that end, the
building official may require contracts, invoices, or other proof as necessary
in order to determine the appropriate valuation. Where such proof cannot be
readily obtained, the building official may assign a reasonable valuation for
the proposed work, or may refuse to issue permits pending receipt of
acceptable proof.
§ 28.05.105 Reinspections.
Where any required inspection has not been approved, the inspector has the
discretion, within the parameters of department policy, to allow construction to
proceed without reinspection of corrective action. Where corrective action and
25
reinspection is deemed to be required, a reinspection fee shall be paid to the building
safety department prior to scheduling of the reinspection. For subsequent
reinspections where the prior violation has not been corrected, the building official
may, in addition to the original reinspection fee, assess additional reinspection fees
in increasing increments up to a maximum amount. As an alternative, the contractor
may agree in advance to have the reinspection fees assessed against the permit and
then agree to pay all such fees prior to issuance of final approvals, or, where
applicable, issuance of certificates of occupancy or completion.
§ 28.05.106 Work commenced prior to permit.
Where work for which a permit is required by this code is unlawfully started without
first obtaining said permit, a fee multiplier of 200% of the normal fee shall be
applied to the permit when issued. If the offender has proceeded with unpermitted
work at other sites prior to obtaining the required permit for the iirst site, a multiplier
of 300% shall be applied to the second such site, and 400% to the third and
subsequent sites. The increased permit fees shall be in addition to any investigative
inspection fees or court fines. The multiplier shall not apply to permit fees for
unlawful reroofing, building-movement or demolition projects, where the minimum
fee for each such project shall be one hundred dollars ($100.00) or double the normal
permit fee, whichever is greater. The payment of such increased fees shall not relieve
any person from fully complying with the requirements of this code in the execution
of the work, nor from any other penalties prescribed herein.
§ 28.05.107 Governmental and not-for-profit entities.
No governmental entity or nonprofit organization shall be exempt from payment of
permit fees unless speciiically exempted by state or federal law; however, no fees
shall be required from a governmental entity when the work is being performed
personally by full-time maintenance personnel on the payroll of said governmental
entity on buildings owned by that entity, subject to compliance with all applicable
state or federal laws.
§ 28.05.108 Plan review fees.
When construction documents and/or other data are required to be submitted in order
to verify conformance with applicable codes prior to issuance of a permit, a plan
review fee shall be paid at the time of submittal for that permit, which fees are
separate and in addition to applicable permit fees. The initial plan review fee shall be
equivalent to 25% of the "master" permit fee associated with the project. Resubmittal
of plans for the purpose of verifying that corrections identiiied in the initial review
have been made shall be allowed once without incurring additional review fees.
Subsequent reviews, either to verify corrections have been made or to review change
orders or other plan amendments, shall require payment of additional review fees
equivalent to 5% of the "master" or minimum permit fee, which must be paid in
advance of review if the permit has already been issued. Plan review fee is
26
nonrefundable. Projects within the scope of the International Residential Code are
exempt from plan review fees.
§ 28.05.109 Refunds.
The building official is authorized to establish a refund policy in keeping with overall
financial policies of the city.
§ 28.05.110 through § 28.05.150. (Reserved)
Division 4
Temporary Structures and Uses
§ 28.05.151 Permit issuance.
The building official is authorized to issue a permit for temporary structures and
temporary uses. Such permits shall be limited as to time of service, but shall not be
permitted for more than 180 days. With the advice and consent of the code
enforcement administrator, the building official is authorized to grant a single 180-
day extension for demonstrated cause. Upon termination of the original or extended
period, the temporary use shall be discontinued, or where applicable, the temporary
structure shall be demolished or moved pursuant to the requirements of Articles
28.01 through 28.08 of this chapter.
§ 28.05.152 Conformance.
Temporary structures and uses shall conform to the structural strength, fire safety,
means of egress, accessibility, light, ventilation and sanitary requirements of this
code as necessary to ensure the public health, safety and general welfare. Temporary
structures and uses shall also comply with the requirements in Section 3103.
§ 28.05.153 Temporary electric power.
The building official is authorized to give permission to temporarily supply and use
power in part of an electric installation before such installation has been fully
completed and the final certificate of completion has been issued. The part covered
by the temporary certificate shall comply with the requirements specified for
temporary lighting, heat or power in NFPA70.
§ 28.05.154 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.
§ 28.05.155 through § 28.05.190. (Reserved)
27
Division 5
Termination, Suspension or Revocation of Permit
§ 28.05.191 Termination of permits.
If the building offrcial determines that a general contractor, subcontractor, owner or
builder is in violation of Articles 28.01 through 28.08 of this chapter, then, in
addition to all other civil or criminal remedies available, he may terminate the master
building permit and/or the subject electrical, plumbing, or mechanical trade permits
for that project. Notice of such permit termination shall be given by issuance of a
stop work order stating the reason for the termination, that the permits are thereby
terminated, and ordering work under the terminated permits to immediately cease.
§ 28.05.192 Hearing before building ofticial.
Any general contractor, subcontractor, owner or builder who has had a permit so
terminated may immediately request a hearing concerning such termination before
the building official. The building official shall convene the hearing within five (5)
days of receipt of a written request.
§ 28.05.193 Appeal of decision.
Subsequent to the requested hearing, if the building official has upheld the
termination of permits, his decision may be appealed to the permit and license
appeals board as follows:
(1) A written request for appeal must be made to the board within five (5) days
of the date on which the building official rendered his decision.
(2) The board will hear the appeal at their next regularly scheduled meeting,
provided that the written request for appeal is received by the building
official and forwarded to the board's staff representative within sufficient
time prior to the next meeting of the board.
(3) While the appeal is pending, work may continue under the terminated permit
if a refundable deposit has been left with the building department in the
amount of the applicable permit renewal fee set out in Section 28.05.194 Item
1 of this code. This shall not be construed as permission to continue violating
the applicable licensing laws originally giving rise to the termination of the
permits in question; to do so constitutes a separate offense.
(4) The hearing before the board shall be conducted in accordance with the
procedures set out in Section 2.03.077 of the Code of Ordinances of the City
of Lubbock, Texas.
(5) The burden of proof shall be on the person appealing to show that the permit
should not have been terminated and that a permit renewal fee should not
�
therefore be required.
(6) The decision of the board on any appeal taken under this section shall be final
and binding with respect to the specifc case before it.
(7) If it is determined, either by the building official in the initial hearing or the
appellate board subsequent to appeal, that plumbing, mechanical or electrical
permits were properly terminated for violation of applicable licensing laws,
the offending plumbing, mechanical or electrical subcontractor shall not be
allowed to renew his permit with respect to the subject project.
§ 28.05.194 Renewal of permit.
A permit terminated under this division shall only be renewed as follows:
(1) For subcontractor trade permits, the builder/general contractor or owner, as
applicable, shall submit a statement to the building official identifying who
the new subcontractor(s) will be, and shall provide a copy of the signed
subcontracts. The building official may then renew the terminated permit(s)
in the name of the new subcontractor(s) for a minimum fee of one hundred
dollars ($100.00) each or 200% of the original permit fees, whichever is
greater. The refundable deposit as required above may be applied in payment
of such fees. For master building permits that have been terminated due to the
violation of licensing laws by any subcontractor, such permits may be
reissued to the original owner or contractor, as applicable.
(2) The building official may require and shall receive, prior to issuance of any
renewal permit, proof of contractor's or subcontractor's registrations, licenses,
insurances and bonds, as well as signed contracts to substantiate the
qualification of persons performing any construction, plumbing, electrical or
mechanical work within the City of Lubbock.
§ 28.05.195 Suspension or revocation.
The building official is authorized to suspend or revoke a permit issued under the
provisions of this code wherever 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 provisions of this code.
§ 28.05.196 through § 28.05.230. (Reserved)
29
Division 6
Inspections
§ 28.05.231 Scope.
Construction or work for which a permit is required shall be subject to inspection by
the building official and such construction or work shall remain visible and able to be
accessed for inspection purposes until approved. Approval as a result of an
inspection shall not be construed to be an approval of a violation of the provisions of
this code or of other ordinances of the jurisdiction. Inspections presuming to give
authority to violate or cancel the provisions of this code or of other ordinances of the
jurisdiction shall not be valid. It shall be the duty of the owner or owner's authorized
agent to cause the work to remain visible and able to be accessed for inspection
purposes. Neither the building official nor the jurisdiction shall be liable for expense
entailed in the removal or replacement of any equipment or materials required to
facilitate required inspections.
§ 28.05.232 Preliminary inspection.
Before issuing a permit, the building official is authorized to examine or cause to be
examined buildings, structures and sites for which an application has been filed.
§ 28.05.233 Required inspections.
The building official, upon notification by the responsible permittee that the work is
completed and ready for inspection, shall make the inspections as set forth in Article
28.09 Division 3 and Section 28.14.003 Item (d) of this code, as applicable. In
addition to the inspections specified in Article 28.09 Division 3 and Section
28.14.003 Item (d), the building official is authorized to make or require other
inspections of any construction work to ascertain compliance with the provisions of
this code and other laws that are enforced by the department of building safety.
§ 28.05.234 Reports of inspection agencies.
With prior written approval, the building offrcial is authorized to accept reports of
approved inspection agencies, provided such agencies satisfy the requirements as to
qualifications and reliability.
§ 28.05.235 Inspection requests.
It shall be the duty of the holder of the building permit or their duly authorized agent
to notify the building official when work is ready for inspection. It shall be the duty
of the permit holder to provide access to and means for inspections of such work that
are required by this code.
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§ 28.05.236 Approval required.
Work shall not be done beyond the point indicated in each successive inspection
without first obtaining the approval of the building official. The building official,
upon notification, shall make the requested inspections and shall either indicate thc
portion of the construction that is satisfactory as completed, or notify the permit
holder or the permit holder's agent wherein the same fails to comply with this code.
Any portions that do not comply shall be corrected and such portion shall not be
covered or concealed until authorized by the building offrcial.
ARTICLE 28.06
CERTIFICATE OF USE AND OCCUPANCY
§ 28.06.001 Required.
A building or structure shall not be used or occupied in whole or in part, and a
change of occupancy of a building or structure or portion thereof shall not be made,
until the building offrcial has issued a certificate of occupancy therefor as provided
herein. Issuance of a certificate of occupancy shall not be construed as an approval of
a violation of the provisions of this code or of other ordinances of the jurisdiction.
Certificates presuming to give authority to violate or cancel provisions of this code
or other ordinances of the jurisdiction shall not be valid.
§ 28.06.002 Certificate issued.
(a) After the building offrcial inspects the building or structure and finds no
violations of the provisions of this code or other laws that are enforced by the
department of building safety, the building official shall issue a certificate of
occupancy that contains the following:
(1) The permit number.
(2) The address of the structure.
(3) The name and address of the owner.
(4) A description of that portion of the structure for which the certificate
is issued.
(5) A statement that the described portion of the structure has been
inspected for compliance with the requirements of this code.
(6) The name of the building official.
(7) The edition of the code under which the permit was issued.
(8) The use and occupancy, in accordance with the provisions of Chapter
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3 of the International Building Code.
(9) The type of construction as defined in Chapter 6 of the International
Building Code.
(10) The design occupant load, where deemed appropriate.
(11) If an automatic sprinkler system is provided.
(12) Any special stipulations and conditions of the building permit.
(b) Where a certificate is issued pursuant to work completed under the auspices
of a building permit, the certificate shall be issued to the building contractor
who obtained the permit upon completion and approval of all applicable
inspections. The contractor shall immediately cause the certificate to be
displayed as required below. It is an offense under this chapter for any
contractor to fail to display or to withhold the certificate from the owner or
owner's agent for any reason. Where a certificate is issued pursuant to a
change in occupancy classification where no work requiring a permit is
involved, the certificate shall be issued directly to the building owner or his
authorized agent, and shall be immediately displayed as set forth herein.
§ 28.06.003 Certificate of completion.
Whenever the scope of a contractor's work pursuant to a building permit, once
completed and approved, does not result in a building that is ready for occupancy (as
in the case of a shell building where multiple tenant finish-outs are proposed), a
certificate of completion shall be issued in lieu of a certificate of occupancy. The
certificate will be issued to the contractor. The certificate need not be displayed
within the subject building. Such certificate remains the property of the City of
Lubbock and may be revoked for cause in the same manner as a certificate of
occupancy. No subsequent permits or certificates of occupancy shall be issued for
the completion of any tenant space within a shell building unless a certificate of
completion for the shell building has first been issued.
§ 28.06.004 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 or portions shall be occupied safely. "I'he building official shall set a time
period during which the temporary certificate of occupancy is valid.
§ 28.06.005 Ownership and revocation.
A certificate of occupancy remains the property of the City of Lubbock, and is
considered a license to occupy the building under the conditions of issuance. The
building official is authorized to suspend or revoke a certiiicate of occupancy or
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completion issued under the provisions of this code wherever the certificate is issued
in error, or on the basis 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 Code of Ordinances.
§ 28.06.006 Display.
A certificate of occupancy shall be prominently displayed within the building for
which the certificate was issued, and shall be visible to building occupants, patrons,
and public officials. In a case where the building to which the certificate pertains is
not publicly accessible, as in the case of apartment buildings, the certificate shall be
displayed within the business offce of the facility.
§ 28.06.007 One- and two-family dwellings exempt from requirement for
certificate.
Construction associated with one- and two-family dwellings under the scope of the
International Residential Code shall be exempt from requirements for a certificate of
occupancy; however, such buildings shall not be occupied or used until released by
the building official after approval of all required inspections. Such approval is
subject to revocation by the building official in the same manner as that for
certificates of occupancy.
§ 28.06.008 Illegal occupancy; termination of utilities.
(a) Any building occupied prior to release and authorization by the building
offcial and connected to temporary utilities shall have said utilities
terminated within ten (10) days after written notification to the utility
company. A copy of the notification shall be provided to the occupant by way
of certified mail, personal delivery, or posting on the door of the subject
premises. Active permits pertaining to the building shall then be deemed
automatically cancelled. Before utilities are reconnected, the contractor or
owner of record shall renew the building permit at a cost of not less than one
hundred dollars ($100.00), and make immediate arrangements, including
coordination of a time mutually convenient to the occupant and the building
official, for completion of required inspections. Identified violations of the
technical codes shall be corrected to the satisfaction of the building ofiicial
prior to reconnecting utilities.
(b) Any building which has been erected or has undergone repairs or remodeling
requiring permits under this code, and that has been occupied prior to the
issuance of said permits, shall be immediately vacated and utilities terminated
upon written order of the building official until compliance with all codes and
ordinances has been established. The building official, with the concurrence
of the fire marshal, may authorize temporary occupancy once it is established
that there exists no fire, life-safety or health hazard associated with the
building or use, and provided that the building owner is making an effort in
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good faith to comply with all permitting requirements.
§ 28.06.009 Existing buildings.
(a) A new certificate of occupancy is required whenever there is a change in
occupancy. Either of the following shall be considered as a change of
occupancy where the International Building Code requires a greater degree of
safety, accessibility, structural strength, fire protection, means of egress,
ventilation or sanitation than is existing in the current building or structure:
(1) Any change in the occupancy classification of a building or structure.
(2) Any change in the purpose of, or a change in the level of activity
within, a building or structure.
(3) A change of tenancy or ownership not otherwise associated with a
change in occupancy classification or use does not require a new
certificate of occupancy.
(b) A new certificate of occupancy shall also be required whenever a remodel,
renovation or building addition project is undertaken, regardless of the status
of the occupancy classification.
(c) A new certificate of occupancy may be required by the building official if it
has been more than two years since the subject premises was inspected
throughout and the owner or occupant is seeking any regulatory approval
associated with the premises.
(d) A new certificate of occupancy not otherwise required by these provisions
may be obtained at the request of a building owner or tenant, subject to the
approval of the building official and subsequent to an investigative inspection
for structural, electrical, plumbing, mechanical and fire hazards. Any hazards
so identified shall be corrected prior to approval of a new certificate. Fees for
these services shall be as set forth below.
(e) A lost certificate of occupancy may be reissued, subject to the approval of the
building official, upon payment of a fee and execution of an affidavit by the
building owner that building conditions, including use, have not changed
since the date of original issue. The replacement certificate shall be clearly
marked as a reissue of the original, and the date of the former shall be clearly
marked thereon.
§ 28.06.010 Fees.
Fees associated with certificate of occupancy reissue and associated inspections shall
be as follows: The fee for inspection of a single building and a certificate of
occupancy shall be a set amount. On projects involving multiple buildings, the fees
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shall be a set amount for the first building and a reduced amount for each additional
building. Said fees are payable in advance and may be adjusted annually by the city
council pursuant to section 1.03.004 of the Code of Ordinances.
ARTICLE 28.07
MOVEMENT AND RELOCATION OF STRUCTURES
§ 28.07.001 Applicability.
The movement of buildings and structures into, within or out of the city limits shall
be governed by Chapter 14 of the International Existing Building Code, as amended
(see Article 28.17 of this chapter).
§ 28.07.002 Industrialized housing and buildings.
The movement and installation of industrialized housing and buildings shall conform
to the procedures, rules and requirements set forth in the rules of the Texas
Department of Licensing and Regulation at 16 TAC chapter 70 as well as this code;
where this code is in conflict with 16 TAC chapter 70, the latter shall govern to the
extent of the conflict only.
§ 28.07.003 Mobile homes.
Mobile homes, defined by the Texas Manufactured Housing Standards Act as
manufactured homes manufactured prior to June 15, 1976, and not meeting HUD
standards, shall not be installed or relocated within the city limits.
§ 28.07.004 HUD-code manufactured housing.
The movement and installation of HUD-code manufactured homes shall conform to
the procedures, rules and requirements set forth in the Texas Manufactured Housing
Standards Act and the rules of the Texas Department of Housing and Community
Affairs, as well as this code. Where this code is in conflict with the said rules, the
latter shall govern to the extent of the conflict only.
ARTICLE 28.08
DEMOLITION OF BUILDINGS AND STRUCTURES
§ 28.08.001 Permit required; compliance.
No person or persons shall hereafter demolish any residential or commercial building
or structure, within the limits of the City of Lubbock, Texas, unless said person shall,
before demolition, secure a permit to do so from the building official. All such
demolition projects shall comply with the provisions of this article, as well as
Section 3303 of the International Building Code adopted pursuant to Article 28.09 of
this chapter.
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§ 28.08.002 Permit fees.
Demolition permits shall be obtained by a registered, insured contractor, or other
person authorized to perform the work in accordance with section 28.04.001.
Demolition permit fees shall be the minimum permit fee.
§ 28.08.003 Restoration of site.
The demolition contractor or person performing such work shall take the following
actions at the demolition site:
(1) Provide protection of pedestrians during demolition as required by Chapter
3303 of the International Building Code.
(2) Coordinate with the appropriate utility companies to disconnect and make
safe all sources of electricity, water, fuel gas and sanitary sewer. Sanitary
sewer outlets shall be capped or otherwise secured from rainwater infiltration.
(3) Provide proper and adequate safeguards to the public, employees and
adjoining property during demolition and lot clearing activities, including
obtaining street barricade permits where necessary for protection of vehicular
traffic.
(4) Fill all open excavations with clean fill dirt (no rubble or trash to be used).
(5) Reestablish lot grades to convey stormwater runoff to the street, alley, or
other approved conveyance without ponding and without directing
stormwater runoff onto other private property.
(6) Clear the lot of all trash, rubbish, building debris, dead shrubbery, tree limbs,
etc.
(7) In coordination with the appropriate department or franchise utility, repair all
damage to public improvements incurred during the demolition activities,
including, but not limited to, street surfaces, curb and gutter, sidewalks,
driveway approaches, utility lines, signposts, drainage structures, etc.
SECTION 2. THAT violation of any provision of this ordinance shall be deemed a
misdemeanor punishable as provided by Section 1.01.004 of the Code of Ordinances of the
City of Lubbock, Texas.
SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance
be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall
not be affected thereby.
SECTION 4. THAT the City Secretary of the City of Lubbock, Texas, is hereby authorizcd
and directed to cause publication of the descriptive caption of this Ordinance as an alternative
means of publication provided by law.
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AND IT IS SO ORDERED.
Passed by the City Council on frst reading on __ _____ March_ 5, 2024
Passed by the City Council on second reading on March 26, 2024 _
TRAY PA'�NE, MAYOR
ATT ST:
Courtney Paz, City Secretary� ��
APPROVED AS TO CONTENT:
obert Wallace, Director of Development Services
_
Amy ms, D ty City Attorney
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