ORD 1986-19 - Building Regulations}
ORDINANCE NO. 86 -19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, AMENDING ITS CODE OF ORDINANCES, AMENDING CHAPTER 6,
BUILDINGS AND BUILDING REGULATIONS, BY ADOPTING THE FOLLOWING
CODES: THE 1985 STANDARD BUILDING CODE, THE 1985 STANDARD
HOUSING CODE, AND THE 1985 STANDARD MECHANICAL CODE;
RESTRICTING AND REGULATING THE CONSTRUCTION, ALTERATION,
REPAIR, USE AND OCCUPANCY, LOCATION, MAINTENANCE, REMOVAL AND
DEMOLITION, OF EVERY BUILDING OR STRUCTURE OR ANY
APPURTENANCES CONNECTED OR ATTACHED TO SUCH BUILDINGS OR
STRUCTURES IN THE CITY; MAKING OTHER FINDINGS AND PROVISIONS
RELATED THERETO; PROVIDING A PENALTY OF UP TO $200 FOR EACH
DAY'S VIOLATION OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
Section 1: Chapter 6, Buildings and Building Regulations, of the Code of
Ordinances of the City of Huntsville, Texas, is hereby amended by the
substitution of a new Sec. 6 -1, which shall read as follows:
ARTICLE I. BUILDING CODES
Sec. 6 -1. Codes adopted by reference.
(a) The book entitled "Standard Building Code, 1979 1985
Edition" and the 1988 Rev4s4ens thereto (a copy of which,
authenticated by the signatures of the mayor and city secretary, and
made a public record by this section, is on file in the city
secretary's office) is hereby adopted as the building code of the city
as fully as if copied at length in this chapter, and the provisions
thereof shall be controlling in the construction of all buildings and
other structures within the corporate limits of the city.
(b) The book entitled "Standard Housing Code, 1979 1985 Edition"
(a copy of which, authenticated by the signatures ,of the mayor and
city secretary, and made a public record by this section, is on file
in the city secretary's office) is hereby adopted as the housing code
of the city as fully as if copied at length in this chapter, and the
provisions thereof shall establish the minimum standards for occupancy
of buildings.
(c) The book entitled "Standard Excavation and Grading Code,
1975 Edition" (a copy of which, authenticated by the signatures of the
mayor and city secretary, and made a public record by this section, is
on file in the city secretary's office) is hereby adopted as the
excavation and grading code of the city as fully as if copied at
length in this chapter, and the provisions thereof shall establish the
rules and regulations controlling excavation, grading and earthwork
construction, including fills and embankments.
(d) The book entitled "Standard Swimming Pool Code, 1979 1985
Edition" (a copy of which, authenticated by the signatures of the
mayor and city secretary, and made a public record by this section, is
on file in the city secretary's office) is hereby adopted as the
swimming pool code of the city as fully as if copied at length in this
chapter, and the provisions thereof shall establish the minimum
standards for design, construction or installation, repair or
alterations of swimming pools.
(e) The book entitled Standard Mechanical Code, 1979 1985
Edition" (a copy of which, authenticated by the signatures of the
mayor and city secretary, and made a public record by this section, is
on file in the city secretary's office) is hereby adopted as the
mechanical code of the city as fully as if copied at length in this
chapter, and the provisions thereof shall establish the minimum
standards for the design, construction or installation, repair or
alterations of mechanical systems.
(f) The book entitled "Plumbing Code for City of Huntsville,
Texas, 1981," (a copy of which, authenticated by the signatures of the
mayor and city secretary, and made a public record by this section, is
on file in the city secretary's office) is hereby adopted as the
plumbing code of the city as fully as if copied at length in this
chapter, and the provisions thereof shall establish the minimum
standards for plumbing work in the City.
Section 2: Chapter 6, Buildings and Building Regulations, of the Code of
Ordinances of the City of Huntsville, Texas, is hereby amended by the
substitution of a new Sec. 6 -1 which shall read as follows:
Sec. 6 -2. Amendments to codes adopted by reference.
(A) STANDARD BUILDING CODE.
xI
(1) Section 10Y.3.3.1 is is hereby added as follows:
Section 101.3.3.1. The following appendices are intended for
enforcement and are made a part of this code and the City's
adopting ordinance for all intents and purposes:
Appendix A
Appendix B
3
Appendix C
►� Appendix D
Appendix E
Appendix F
Appendix G
Appendix L
Appendix M
Appendix N
Appendix 0
Appendix P
Appendix Q
Appendix R
- Administrative Provisions
- Fire Resistance Ratings for Materials and
Construction
- Wood Preservatives
- Hurricane Requirements
- Recommended Guide for Sound Isolation in Multi -
Family Dwellings
- Fallout Shelter Construction
- Fire District
- Power Operated Exit Doors
- Accessibility Standards
- One and Two Family Dwellings
- Low Rise Wind Loads
- Calculated Fire Resistance
- Adobe Construction
- Weights of Building Materials
(2) Section 101.4. Delete Section 101.4. Building Dep't.
(3) Sections 101.4.6 and 101.4.7. Delete Sections 101.4.6 and 101.4.7.
(4) Section 101.6 is hereby amended to read: (See Ord. 86 -9).
(5) Section 102.4 is amended to read:
102.4 - Unsafe Buildings.
All buildings or structures which are unsafe, unsanitary, or not
provided with adequate egress, 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 by reason of inadequate
maintenance, dilapidation, obsolescence, or abandonment, are severally
in contemplation of this section, unsafe buildings. All such unsafe
buildings are hereby declared illegal and shall be abated by repair and
rehabilitation or by demolition, in accordance with the provisions of
Chapter 6, Article III, of the Code of Ordinances of the City of Huntsville,
Texas.
(6) Section 103.1 is hereby amended to read:
103.1 - Application for Permit.
103.1.1 Any owner, authorized agent, or contractor who desires to
construct, enlarge, alter, repair, move, demolish, or change the
occupancy of a building or structure, or to erect, or construct a sign
of any description, or to install or alter fire - extinguishing apparatus,
elevators, engines, or to install a steam boiler, furnace, heater,
incinerator, or other heat - producing apparatus, or toher appurtenances,
or to alter, move or change the access to or from any public street
from a driveway, including repair, removal or installation of curbs or
culverts, the installation of which is reglated by this code, or to
cause any such work to be done, shall first make application to the
building official and obtain the required permit therefor.
103.1.2. A general permit shall carry with it the right to install in
any building or structure, or part thereof, elevators, sidewalk elevators,
vaults, chutes, coal holes, lifts, cranes, derricks, steam power boilers,
steam, oil, gas or vapor engines, provided the same are shown on the
drawings and set forth in the specifications filed with the application
for the permit; but where these are not shown on the drawings and
covered by the specifications submitted with said application, special
permits shall be required.
103.1.3. Ordinary minor repaires 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 this code.
103.1.4 Each application for a permit, with the required fee, shall
be filed with the building official on a form furnished for that purpose,
and shall contain a general description of the proposed work and its
location. The application shall be signed by the owner, or his authorized
agent. The application shall indicate the proposed occupancy of all
parts of the building and of that portion of the site or lot, if any, not
covered by the building or structure, and shall contain such other information
as may be required by the building official.
103.1.5. An application for a permit for any proposed work shall be
deemed to have been abandoned 6 months after the date of filing for the
permit, unless before then a permit has been issued. One or more extensions
of time for periods of not more than 90 days each may be allowed by the
Building Official for the application, provided the extension is requested
in writing and justifiable cause is demonstrated.
103.1.6. Permits shall be issued only to the following:
(1) Any architect or engineer licensed by the State of Texas or a contractor
registered by the City;
(2) Any property owner, for work to be done by him on a building occupied
by him as his home.
(7) Section 103.2 is hereby amended in part to read:
103.2.5. The building official shall require drawings
showing the location of the proposed building or structure and of
every existing building or structure on the site or lot to be
approved by the city engineer prior to the filing with the
building official. Said drawings shall show the location of all
existing easements, storm sewers, natural drains, water lines,
sewer lines, location of water and sewer connections. The
building official may also require a boundary line survey,
prepared by a qualified surveyor.
103.2.6. No building permits shall be issued unless
adequate water and sewer service is available to the property or
suitable arrangements have been made for obtaining water and
sewer service to the building site. The city engineer shall
certify on said drawing when same is submitted to the building
official that the requirements of this paragraph have been made;
otherwise, said permit shall not be issued by the building
official.
103.2.7. Plat diagram. No building permit shall be issued
unless adequate information is furnished showing the proposed
vertical elevation of the finished floor of the structure in
respect to the street and lot corners and proof that the building
is not subject to flooding by storm water. The city engineer may
require additional engineering data, prepared by a registered
professional engineer, indicating the calculated twenty- five -year
high water elevation of creeks or drainage channels when the
building is proposed to be placed near the floodplain of the
channel. Finished floor elevations of proposed buildings near
the floodplain of a creek or drainage channel shall be a minimum
of two (2) feet vertically above the calculated twenty- five -year
high water elevation.
No permit shall be issued for buildings or improvements that
propose to block the flow of water in creeks or drainage channels
or may cause flooding of adjacent property.
(See also city's flood hazard area regulations. Code of
Ordinances of City of Huntsville, section 6 -10 et seq.)
(8) Section 103.4 is amended by adding sentences that shall read:
103.4.5. No person, firm or corporation shall commence work
on any project for which a building permit is required under the
provisions of Section 103.1 of this code until such time as a
building permit has been issued by the building official. The
City of Huntsville may enjoin or restrain in a court of competent
jurisdiction any construction or work, or continuing construction
or work, on any project commenced prior to the issuance of such
building permit.
(9) Section 103.5 is amended to read:
103.5 - Contractor's Registration Required.
(a) It shall be the duty of every contractor or builder,
who shall make contracts for the erection or construction or
repair of buildings for which a permit is required, and every
contractor or builder making such contracts and subletting the
same, or any part thereof, to register with the city.
(b) No fee is required for registration under this section.
(c) No contractors bond shall be required under the
provisions of this section.
(10) Section 103.7.4 is amended to read:
103.7.4 - Schedule of Permit Fees.
(a) Permit fees.
1. Where the valuation does not exceed $100.00, no fee
shall be required, unless an inspection is necessary,
in which case there shall be a $10.00 fee for each
inspection.
2. For a valuation over $101.00 up to and including
$2,000.00, the fee shall be $10.00.
3. For a valuation over $2,000.00 up to and including
$15,000.00, the fee shall be $10.00 for the first
$2,000.00 plus $3.00 for each additional thousand or
fraction thereof, to and including $15,000.00.
4. For a valuation over $15,001.00 up to and including
$50,000.00, the fee shall be $49.00 for the first
$15,000.00 plus $2.50 for each additional thousand or
fraction thereof, to and including $50,000.00.
5. For a valuation over $50,001 up to and including
$100,000.00, the fee shall be $136.50 for the first
$50,000.00 plus $2.00 for each additional thousand or
fraction thereof, to and including $100,000.00.
6. For a valuation over $100,001.00 up to and including
$500,000.00, the fee shall be $236.50 for the first
$100,000.00, plus $1.25 for each additional thousand or
fraction thereof, to and including $500,000.00.
7. For a valuation over $500,001.00, the fee shall be
$736.50 for the first $500,000.00, plus $0.75 for each
additional thousand or fraction thereof, to and
including $500,000.00.
(b) Moving of building or structures. For the moving of
any building or structure, the fee shall be one hundred dollars
($100.00).
(c) Demolition of building or structures. For the
demolition of any building or structure, the fee shall be ten
dollars ($10.00).
(d) For each inspection requested and made which requires a
reinspection, a fee of $30.00 shall be charged for each
reinspection made.
(11) Section 105.2.3 is amended by the addition of a new paragraph
that shall read:
105.2.3 - Notice to Affected Property Owners.
The building official shall notify all affected property
owners who own property within one hundred (100) feet of the
site of a proposed variance, of the meeting on the variance, by
sending postage prepaid a copy of the agenda and variance
request. The building official shall determine the name and
address of such affected persons by reference to the city tax
records.
(12) Section 105.4. Board Members and Procedures is amended to read:
105.4.1.- Makeup of the Board.
There is hereby established a board to be called the board
of appeals, which shall consist of five (5) members. Such board
shall be composed of three (3) persons with technical background
in building design or construction or experience in the building
trades industry, and two (2) other citizens. The mayor (chief
appointing authority) shall appoint board members with the
approval of the city council.
105.4.2 - Term of Office.
Each member shall be appointed to a two (2) year term of
office; with three (3) members appointed effective January 1,
odd-numbered years, and two (2) members appointed effective
January 1, even-numbered years.
105.4.3 - Quorum.
Three (3) members of the board shall constitute a quorum.
In varying the application of any provision of this code or in
modifying an order of the building official, affirmative votes of
the majority present, but not less than three (3) affirmative
votes, shall be required. A board member shall not act in a case
in which he has a personal interest.
(13) Section 106. Delete Section 106.
(14) Section 107 is amended as follows:
After the word misdemeanor in the first sentence of said
section, a comma should be inserted and the language added "and
the punishment therefor shall be as provided in the Code of
Ordinances of the City of Huntsville, Texas." The remainder of
said section remains unchanged.
(15) Section 202 - Definitions is amended to read:
Applicable governing body - The City of Huntsville
(16) Section 301.2 is amended to read:
301.2 - Scope.
301.2.1. For the purpose of this code, the fire district is
established as follows:
Beginning at the intersection of the east line of Avenue N
and the South line of 10th Street;
Thence easterly along said south line of 10th Street to the
west line of Avenue J;
Thence southerly along said west line of Avenue J to the
north line of 15th Street;
Thence westerly along said north line of 15th Street to the
west line of University Avenue;
Thence southerly along said west line of University Avenue
to the north line of 17th Street;
Thence westerly along said north line of 17th Street to the
east line of Avenue M;
Thence northerly along said east line of Avenue M to the
north line of 15th Street;
Thence westerly along said north line of 15th Street to the
east line of Avenue N;
Thence northerly along said east line of Avenue N to the
point of beginning.
(See map attached. 301.2.2).
301.2.2
THE FIRE DISTRICT LIMITS OF
HUNTSVILLE, TEXAS
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(17) Section 1112.1.2 is amended to read:
1112.1.2. All interior stairways shall have solid risers, except
as specifically approved by the building officials. Exterior
stairs may have open risers.
(18) Figure 1203.6 is amended by adding:
City of Huntsville 5 lbs /sq.ft.
(19) Figure 1205.1 is amended by adding:
City of Huntsville 75 m.p.h.
(20) Figure 1207 is amended by adding:
City of Huntsville is in Zone 1.
(21) Section 1703.12 is amended to read:
Soil or compacted fill directly below concrete slab will be
treated with chlordane solution in either a distillate or water
base, applied at the rate of one gallon for every ten (10) square
feet. This includes beam bottoms as well as the area below the
slab. No compliance with this section is required if the
building to be constructed is not frame construction.
(22) Section 2002.1 is amended to read:
2002.1 - Toilet Facilities.
Every building and each subdivision thereof where both sexes
are employed shall be provided with access to at least two (2)
toilets located either in such building or conveniently in a
building adjacent thereto on the same property; provided,
however, that only one toilet is required if there are no more
than five (5) employees on any shift.
(23) Chapter 23. Delete Chapter XXIII, Signs and outdoor displays.
(B) STANDARD HOUSING CODE.
(1) Section 102.1 is amended to read:
102.1 - Building Official.
The City of Huntsville (herein called applicable governing
body) designates the city's building official (herein called
housing official) as its enforcement officer.
(2) Sections 102.2 and 102.3. Delete Sections 102.2 and 102.3.
(3) Sections 103.2.3 and 103.2.4 are amended to read:
103.2.3. When a residential building is to be demolished, it
shall be done so in accordance with section6 -46 of the building
code.
(4) Sections 103.3 through 103.6. Delete Sections 103.3 through
103.6.
(5) Section 106. Delete Section 106.
(6) Section 107. Amend Section 107 to read:
107 - Appeals.
Any person receiving notice from the housing official of
deficiencies to his property under this code may within thirty
(30) days following the date of such notice enter an appeal in
writing to the board of adjustments and appeals (herein also
called housing board of adjustments and appeals). The appellant
must state the variance requested, the reasons for it, and the
hardship or conditions upon which appeal is made.
(7) Sections 108 and 109. Delete Sections 108 and 109.
(8) Section 202. Amend Section 202 by changing the following
definitions:
a. Delete abandoned motor vehicle.
b. Applicable governing body shall mean the City of Huntsville.
c. Housing official shall mean the city's building official.
(9) Section 308.2. Delete Section 308.2.
(10) Section 309. Delete Section 309.
(C) STANDARD EXCAVATION AND GRADING CODE.
(1) Table 3A of Section 302 is amended to read:
Table NO. 3 -1 - PLAN - CHECKING FEES.
5,000 cubic yards or less No fee
5,000- 10,000 cubic yards $20.00
10,001 to 100,000 cubic yards:
For the first 10,000 cubic yards 20.00
Plus, for each additional 10,000 cubic yards
or fraction thereof 10.00
100,001 to 200,000 cubic yards:
For the first 100,000 cubic yards 110.00
Plus, for each additional 10,000 cubic yards
or fraction thereof 6.00
200,001 cubic yards or more:
For the first 200,000 cubic yards 170.00
Plus, for each additional 10,000 cubic yards
or fraction thereof 3.00
(D) STANDARD SWIMMING POOL CODE.
(1) Section 102. Delete Section 102.
Section 105.5, Cost of Permit, is amended by changing the
schedule of fees to that provided by Section 103.7.4 of the
Standard Building Code, as adopted.
Section 105.4.1 is amended by deleting the last sentence of the
second paragraph, which sentence reads: "Permits shall be
obtained for all of the electrical, plumbing, related utility
connections and heating work prior to issuance of the building
permit for the pool structure."
(4) Section 107. Delete Section 107.
(5) Section 108. Delete Section 108.
(6) Section 202 is amended by changing the following definitions:
Administrative authority - City's building official.
Swimming pool is hereby defined as a receptacle for water, or an
artificial pool of water having a depth at any point of more than
eighteen (18) inches, intended for the purpose of immersion or
partial immersion therein of human beings, and including all
appurtenant equipment, construction, installed, and maintained in
or above the ground and used collectively by numbers of persons
for swimming and recreational bathing.
(7) Section 301 is amended to read:
301 - General.
Unless otherwise specified in this code, all piping,
equipment and materials used in the plumbing system shall conform
to the plumbing code of the City of Huntsville, Texas (herein
called the Standard Plumbing Code) on file in the office of the
city secretary.
(8) Section 308 is amended by the addition of a new paragraph 308.4
which shall read as follows:
308 - Waste Water Disposal.
308.4. No person shall discharge wastewater from a swimming
pool, or permit such wastewater to run off onto an adjoining
landowner('s) property without the landowner('s) express written
consent.
(9) Section 313. Delete Section 313.
(10) Section 315 is amended to read:
315 - Final Inspection - Enclosure Required.
All swimming pool installations must be completed. The pool
shall be completely filled with water and in operation before
final inspection.
(a) For the safety of others, the pool shall be completely
enclosed with an approved wall, fence or other substantial
structure not less than four (4) feet in height, and so
constructed as entirely to enclose the area on which the
swimming pool is located and to bar all reasonable and
normal access to the swimming pool except through a
substantial gate or gates, or a gate which is kept locked
when the swimming pool is not in use, which gates are the
same height as the fence; all gates shall be provided with
self - latching mechanisms that can be opened only from the
interior of the pool enclosure.
(b) Or, alternatively, a substantial pool cover designed for
safety may be used in lieu of an approved wall, fence, or
other substantial structural enclosure when the pool is not
in use.
(11) Section 318. Add Section 318 which shall read as follows:
318 - Sanitary and Safety Conditions.
(a) Any person owning or maintaining any swimming pool shall
maintain such pool in a sanitary condition. The bacterial
content of the water in any swimming pool shall not be
allowed to exceed the safe limits as prescribed by
established standards of the state department of health.
Residual chlorine from 0.2 to 0.5 parts per million units of
water or any other method of disinfectant approved by the
state department of health shall be maintained in every
swimming pool throughout the period of their use.
(b) No water in any swimming pool shall ever be permitted to
show an acid reaction to a standard pH test.
(c) At all times when the pool is in use, the water shall be
sufficiently clear to permit a six (6) inch diameter black
disc placed on a white field to be clearly visible at the
deepest point of the swimming pool. The water shall have
sufficient clarity at all times so that the entire bottom of
the pool is clearly visible from the walkways.
(d) The outlet openings on the floor of the pool shall be
designed and located to reduce suction currents and shall be
covered with a proper grating.
(e) The health officer or his authorized representative may
inspect every public swimming pool located within the city
and make an inspection report. In the event the health
officer or his representative discovers a violation of the
terms and provisions hereof, he shall notify the person
owning or maintaining such pool of the violation, by leaving
a copy of an inspection report with the person owning or
maintaining such pool. The health officer shall make a
second inspection after a lapse of not less than ten (10)
days thereafter, and if the reported violation shall not
have been remedied such person owning or maintaining said
pool shall be subject to the penalties imposed under this
chapter and revocation of their license.
(12) Chapter VI. Add a Chapter VI which shall read:
601 - Appeals.
Any person aggrieved by a decision of the building official
may appeal in writing to the board of adjustments and appeals as
provided by the Standard Building Code.
(E) MECHANICAL CODE.
(1) Section 101.3.3.1. Add Section 101.3.3.1 which shall read:
The following appendices are intended for enforcement and
are made a part of this code and the City's adopting ordinance
for all intents and purposes:
Appendix A - Administrative Provisions;
Appendix B - Guidelines for Estimating Heat Loss and Gain; and
Appendix C - Schedule of Permit Fees.
(2) Section 101.4. Delete 101.4.
(3) Section 103.7. Section 103.7.4 (c102) is amended to change the
reinspection fee from $5.00 to $30.00.
(4) Section 107. Delete Section 107.
(5) Section 105.2. Amend Section 105.2, Appeals, to read:
105.2.1. General.
Any person aggrieved by a decision of the building official
may appeal in writing to the board of adjustments and appeals as
provided by the Standard Building Code.
(6) Section 105.4. Delete Section A 105.4.
(7) Section 202. Amend Section 202, Definitions, to change or add
the following definitions:
a. Administrative authority - City's building official.
b. Mechanical official - The City's building official.
(F) PLUMBING CODE.
(Remains the same as existing.)
Section 3: Any person, firm, or corporation who shall violate any of the
provisions of Chapter 6, Buildings and Building Regulations, as
amended, or who shall fail to comply with the same, shall be guilty of
a class C misdemeanor and, upon conviction thereof, shall be punished
by a fine not exceeding two hundred dollars ($200.00). Each day
during or upon which said person shall violate or continue violation
of any provision of this Ordinance or non - compliance with any
requirement of this Ordinance shall constitute a distinct and separate
offense. The violation of any provision of this Ordinance or the
failure to comply with any requirement of this Ordinance shall each
constitute a distinct and separate offense.
Section 4: If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect any of the remaining
provisions of this Ordinance.
Section 5: All Ordinances and parts of Ordinances in conflict with the
provisions of this Ordinance are hereby repealed; provided, however,
that such repeal shall be only to the extent of such inconsistency and
in all other respects this ordinance shall be cumulative of other
Ordinances regulating and governing the subject matter covered by this
Ordinance.
Section 6: The City Secretary is hereby directed to cause the caption of
this Ordinance to be published at least twice within ten days of final
passage. This ordinance shall take effect ten (10) days after the date
of final passage.
PASSED AND APPROVED this 15th day of July , 1986.
ATTEST:
a(
eShaw, City ecreta
APPROVED AS TO FORM:
Scott Bounds, City Attorney
THE CITY OF HUNTSVILLE
By
J
Monday, ayor