HomeMy WebLinkAboutOrdinance - 2004-O0141 - Establishing A Transfer Permit, Establishing A Fee For Issuance Of Same - 12/07/2004First Reading
December 7, 2004
Item No. 17
ORDINANCE NO. 2004-00141
Second Reading
December 16, 2004
ItemNo. 17
AN ORDINANCE AMENDING CHAPTER 6, SECTION 6-21(b), OF THE
CODE OF ORDINANCES OF THE CITY OF LUBBOCK SO AS TO PROVIDE
FOR THE ISSUANCE OF SECOND AND SUBSEQUENT PERMITS PER JOB
SITE IN THE EVENT THE CURRENT PERMITTEE HAS FAILED TO
COMPLETE THE WORK OR IS NO LONGER ASSOCIATED WITH THE
PROJECT, ESTABLISHING A TRANSFER PERMIT, ESTABLISHING A FEE
FOR ISSUANCE OF A TRANSFER PERMIT, PROVIDING A SAVINGS CLAUSE
AND PROVIDING FOR PUBLICATION.
SECTION 1. Section 6-21 (b) of the Code of Ordinances of the City of
Lubbock is hereby amended to read as follows:
Sec. 6-21. Section 106. Permits.
(b) Section 106 of Chapter 1 of the Uniform Building Code is amended by
adding a new subsection 106.2.1, which shall read as follows:
106.2.1. Transferring of permits.
(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 official by
the general contractor or owner that had contracted with
the permittee;
(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current permittee that his contract for the work is no longer
in effect; or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, 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 $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. At the sole discretion
of the building official, where the scope of the work has or will be
changed such that a new plan review is necessary, or where the
inspection history dictates, the fee for the re-issued permit shall be
the same as that for an original permit using current fee
schedules.
(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 or to issue a new permit. At the discretion of the building
official, an investigative inspection of the premises that is the
subject of the permit may be required.
(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, current permittee, or other person authorized by (a)
(1 ), (2) or (3) above to request cancellation of a permit, 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 cancellation of an existing permit or the
issuance of a new permit under this section.
(f) This section shall apply to all types of permits issued by the
building official, including those governed by Articles II through VIII
of this Chapter.
AND IT IS SO ORDERED.
Passed by the City Council on first reading this 7th day of December , 2004.
Passed by the City Council on second reading this 16th day of December , 2004.
ATTEST:
~_Q~ ~< Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
I
~~ _____ ,_ ~
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Steven O'Neal, Building Official
APPROVED AS TO FORM:
Assistant City Attorney
as/City Att/John/Ordinances/reissuedpermit. ord_ 1
November 3, 2004