ORD 2011-50 - Amend Code Ordinances - CH 12 - Buildings, building Regulations 08-16-2011 ORDINANCE NO. 2011-50
AN ORDINANCE AMENDING THE HUNTSVILLE CODE OF ORDINANCES, SPECIFICALLY
CHAPTER 12"BUILDINGS AND BUILDING REGULATIONS";CHAPTER 14,"BUSINESS AND
BUSINESS REGULATIONS"; CHAPTER 20, "FIRE AND FIRE PREVENTION"; CHAPTER 22,
"HEALTH AND SANITATION",MAKING OTHER PROVISIONS AND FINDINGS THERETO;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS,Chapter 12`Buildings and Building Regulations"of the Huntsville Code of Ordinances adopts
certain building codes by reference with local amendments, governs dilapidated or substandard buildings;
WHEREAS,Chapter 14"Business and Business Regulations",Article 11 of the Huntsville Code of Ordinances
adopts regulations governing food and food retail establishments;
WHEREAS,Chapter 20"Fire Prevention and Protection",of the Huntsville Code of Ordinances adopts and
provides for the amendments to the International Fire Code.
WHEREAS,Chapter 22 "Health and Sanitation",of the Huntsville Code of Ordinances adopts and provides
for the sanitary maintenance of premises;
WHEREAS,the City now wishes to amend Chapter 12,of the Huntsville Code of Ordinances by adopting the
2009 International Codes and associated amendments; and
WHEREAS, the City now wishes to amend Chapter 12, Article II, Section 12-20 of the Huntsville Code of
Ordinances by adopting the 2009 International Codes and associated amendments; and
WHEREAS, the City now wishes to amend Chapter 20, to adopt the 2009 International Fire code and
associated amendments; and
WHEREAS,the City now wishes to amend Chapter 22,of the Huntsville Code of Ordinances by amending the
regulations for sanitary maintenance of premises; and
WHEREAS,notice of the agenda for this meeting,was given in accordance with law by posting the same at
the place reserved and designated for notices of public meetings and public activities and prior to the adoption
of this ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,THAT:
SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be true and
correct and are hereby adopted,ratified, and confirmed.
SECTION 2: Huntsville Code of Ordinances Chapter 12 `Buildings and Building Regulations",
Article II, Building Codes, Section 12-19 is amended to adopt the 2009 International Building,
Property Maintenance,Mechanical,Plumbing, Fuel Gas,and Residential Building Codes;
SECTION 3: Huntsville Code of Ordinances Chapter 12 `Buildings and Building Regulations",
Article II, Building Codes, Sections 12-20 through 12-27 are amended as attached;
SECTION 4:Huntsville Code of Ordinances Chapter 12`Buildings and Building Regulations",Article III,
Demolition or Repair of Dilapidated or Substandard Buildings, Sections 12-60 through 12-67 is amended as
attached;
SECTION 5: Huntsville Code of Ordinances Chapter 12 `Buildings and Building Regulations"Article V,
Electricity, Sections 12-125 through 12-129 is amended as attached;
SECTION 6: Huntsville Code of Ordinances Chapter 14 `Business and Business Regulations", Article II
Food and Food Establishments Section 14-19 and Section 14-21 is amended as attached;
SECTION 7: Huntsville Code of Ordinances Chapter 20 "Fire Prevention and Protection" Article I, In
General, Sections 20-1 through 20-3 is amended to adopt the 2009 International Fire Code as attached; and
Article 111, Enforcement, Sections 20-55 through 20-56 is amended as attached.
SECTION 8: Huntsville Code of Ordinances Chapter 22 "Health and Sanitation" Article I, In General,
Section 22-1, and Article II Sanitary Maintenance of Premises, Sections 22-65 through 22-71 is amended as
attached;
SECTION 9: All ordinances or parts of Ordinances that are in conflict or inconsistent with the provisions of
this Ordinance shall be,and the same are hereby,repealed and all other ordinances of the City not in conflict
with the provisions of this Ordinance shall remain in full force and effect.
SECTION 10: Should any paragraph, sentence, clause,phrase or section of this Ordinance be adjudged or
held to be unconstitutional,illegal or invalid,the same shall not affect the validity of this Ordinance as a whole
or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional.
SECTION 11: This Ordinance shall take effect immediately from and after the date of its passage and the
City Secretary is instructed to publish the ordinance as required by Article 4.14 of the City Charter.
First Reading Date: August 2, 2011
PASSED AND APPROVED on the Second Reading on this,the 16`x'day of August 2011.
THE CITY OF HUNTSVILLE
I
J. Mayor
ATTEST: APP AS TC FORM:
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4eeward, City Secreta and Schneider, City Attorney
City Council Meeting Agenda Item
Item Title: Date: Ageasla Item No.:
8/2/2011
Adoption of New Building Codes 5
Requested By: Dept./Div: Dept. Approval: Finance approval:
Mike Roempke, Building Official 724 AK
Issue/Item Description: _
;Consider Ordinance 2011-50, amending Chapter 12, Building and Building Regulations, Chapter
14, Business and Business Regulations, Chapter 20, Fire and Fire Prevention, and Chapter 22,
Health and Sanitation to adopt the 2009 International Codes and associated amendments.
Background:
Every three years, the International Code Council revises codes governing building safety.
Historically, the City of Huntsville has adopted revisions every six years to allow time for '.
builders to adapt to the changes in the Code. Currently, the City is under the 2003 International
Codes for building, property maintenance, plumbing, fuel gas, mechanical, fire, residential
"building and the 2005 National Electric Code. The proposed ordinance will adopt the 2009
International Codes and the 2008 National Electric Code. The amendments to the health codes
are minor in nature and basically clarify and update some potential confusion in the codes. The
changes to the dilapidated and substandard section of the code help to clarify the process and
bring the ordinance current with state laws.
Updates to the codes help the trades keep up to date with the latest technologies, provide a
safer environment for citizens, and help to maintain a better ISO rating. Maintenance of a good
ISO rating will help reduce insurance costs for Huntsville residents. In addition, many other
cities have adopted these codes, so the updates will keep Huntsville in line with these
communities for building and health safety.
.Staff sent notice to all active registered contractors from all the trades, posted notices at local
"supply houses, and held hearings with the Construction Board of Adjustments and Appeals for
the public. After their hearing, the Board voted unanimously to recommend approval to the City
Council of the changes as presented with the exception of a reduction in the wind-load rating.
This the board recommended that the local amendment be removed (which required 100 mph
design rating) and to rely on what is required in the Code (90-100 mph at the discretion of the
design professional).
A copy of the amendments has been reviewed by the City Attorney and all of his comments
were addressed.
Facts to Consider:
• The City of Huntsville is Currently under the 2003 International Codes and the 2005 Electric
code
• The proposed ordinance adopts the 2009 International Codes and the 2008 National Electric
Code
• The other amendments to the codes help clarify language and make them more
understandable user friendly
• The changes to the codes will help ensure building safety, consistency in decision making,
and maintenance of our ISO rating
• The Construction Board of Adjustments and Appeals unanimously recommended approval
of the new building codes and amendments
• The effective date of this ordinance will be October 1, 2011 to allow staff time to notify
affected parties of the proposed changes.
Fiscal Impact/Funding Source(s):
None
Attachment(s):
• Ordinance 2011-50
• Notebook explaining changes provided under separate cover including letter of
recommendation from the Board Chairman
Recommendation motion(s):
To approve Ordinance 2011-50 as recommended by the Construction Code Board of
Adjustments and Appeals.
MOTION: "OL,)4SECOND: VOTE:
F PRESENTEDAPPROVED DECLINED ACTION
F' TABLED _ \
l� OTHER
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Sec. 12-19. Codes adopted by reference.
(a) The book entitled "International Building Code, 20033 2009 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 building code of the city
as fully as if copied at length in this article, and the provisions thereof shall be controlling in the
construction of all buildings and other structures within the corporate limits of the city. j
(b) The book entitled "International Property Maintenance Code,2-003,2009 Edition," a copy of j
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 article, and the provisions thereof shall establish the
minimum standards for occupancy of buildings.
(c) The book entitled "International Energy Code, ?803 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.
(d) The book entitled "International Mechanical Code, 2903 2009 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 article, and the provisions thereof shall establish the
minimum standards for the design, construction or installation, repair or alterations of
mechanical systems.
(e) The book entitled "International Plumbing Code, 2903-2009 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 plumbing code of the city
as fully as if it was copied at length in this article, and the provisions thereof shall establish the
minimum standards for plumbing work in the city.
(f) The book entitled "International Gas Code, 2003 2009 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 adopted as the gas code of the city as fully as if
it was copied at length in this article, and the provisions thereof shall establish the minimum
standards for the design, construction, installation, repair or alteration of gas piping systems and
gas appliances.
(g) The book entitled "International Residential Code,2-NEdition," 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 residential code of the
city as fully as if it was copied at length in this article, and the provisions thereof shall establish
the minimum standards for residential work in the city.
Add statement making violation of title 12 up to $2000 fine
(Code 1961, § 9.02.01; Ord. No. 81-31, § 1, 7-7-1981; Ord. No. 82-25, § 1, 11-2-1982; Ord. No.
86-19, § 1, 7-15-1986; Ord. No. 87-39, § 1, 12-8-1987; Ord. No. 87-40, § 1, 12-8-1987; Ord. No.
91-16, § 1, 8-6-1991; Ord. No. 97-35, 11-25-1997; Ord. No. 2002-08, 3-5-2002; Ord. No. 2006-
02, 1-3-2006)
Sec. 12-20. Amendments to International Building Code.
The International Building Code is amended as follows:
(1) SeGtiOR 191.2 eXGept;GR (2) delete SeGtiGR 104.2 eXGeptiGR (2).
R4(1) Section 101.2.1 is hereby added as follows:
Section 101.2.1. 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 B--Board of Appeals.
Appendix C--Group U -Architectural Buildings.
Appendix D--Fire Districts.
Appendix F--Rodent Proofing.
Appendix J--Grading.
(3}(2) Section 34961 3409.1 is hereby amended to read:
3486.1 3409.1-Historic Buildings. The provisions of the International Building Code
(other than chapter 34) relating to the alteration, repair, enlargement, restoration, relocation or
moving of buildings or structures shall not be mandatory for existing buildings or structures
identified and classified as Recorded Texas Historic Landmarks, National Historic Landmarks,
or buildings entered into the National Register of Historic Places, or qualified as such by the
building official. It is further provided, however, that:
a. Such buildings or structures are judged by the city building official to be safe;
b. The owner submits complete architectural and engineering plans and specifications bearing
the seal of a registered professional engineer or architect; and
c. The owner complies with the requirements of article III of this chapter.
E4131 Section 445116 is amended to read:
44-5-116-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, or
which, regardless of its structural condition, is unoccupied by its owners, lessees, or other
invitees and is unsecured from unauthorized entry to the extent that it could be entered or used
by vagrants or other uninvited persons as a place of harborage or could be entered or used by
children, are hereby declared dangerous substandard buildings and may be vacated, secured,
repaired, removed or demolished by the city's building official. 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 Article III of this chapter.
k54 () Section 105 is hereby amended to read:
105.1—Application for permit.
105.1 Required. Any owner or 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, or to erect or construct a sign of any description, or to install or alter fire extinguishing
systems, or to move, change, or construct an access to or from any public street from a
driveway including repair, removal or installation of curbs or culverts, the installation of which is
regulated by this or other codes, or to cause any such work to be done, shall first make
application to the building official and obtain the required permit.
105.1.1 —delete 105.1.1
105.1.2 — delete 105.1.2
105.2 delete !1�), (5), (8), (10), 4.1}- add to (2) However, all new and existing fences
shall be maintained.
105.3. Application for permit. To obtain a permit, the applicant shall first file an
application therefor in writing on a form furnished by the building official for that purpose. Such
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.
105.8. Contractor's registration required.
(1) 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. The registration must be renewed annually from each date of issuance.
(2) Pis#tee A $60.00 fee is required for each annual registration under this section.
(3) No contractor's bond shall be required under the provisions of this section.
No person, firm or corporation shall commence work on any project for which a building
permit is required under the provisions of section 104.1 of this code until such time as a building
permit has been issued by the building official. The city 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.
(-4}L51 Section 40&107 is hereby amended in part to read:
496.2 107.2.5 Site plan. The construction documents submitted with the application for
permit shall be accompanied by a site plan showing to scale the size and location of new
construction and existing structures on the site, distance from lot lines, the established street
grades, proposed finished grades, all existing and proposed easements, storm sewers, natural
drains, waterlines, sewer lines, location of water and sewer connections, landscaping and
parking; and it shall be drawn in accordance with an accurate boundary line survey. In the case
of demolition, the site plan shall show construction to be demolished and the location and size
of existing structures and construction that are to remain on the site or plot. The building official
is authorized to waive or modify the requirement for a site plan when the application for permit is
for alteration or repair or when otherwise warranted.
1066.107.6 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.
106. 107.7. 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 comers and proof that the building is not subject to
flooding by stormwater. The city engineer may require additional engineering data, prepared by
a registered professional engineer, indicating the calculated 25 100-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 met 1 foot vertically above the calculated 2-5 100-
year high water elevation.
No permit shall be issued for building or improvements that propose to block the flow of
water in creeks or drainage channels or may cause flooding of adjacent property.
(7-) (6) Section 448 109 is amended to read:
498.2 109.2--Schedule of Permit Fees.
a. Permit fees. Permit fees shall be as established by ordinance from time to time.
b. Moving of building or structures. For the moving of any building or structure, the fee shall be
as established by ordinance from time to time.
c. Demolition of building or structures. For the demolition of any building or structure, the fee
shall be as established by ordinance from time to time.
d. For each inspection requested and made which requires a reinspection, a fee as established
by ordinance from time to time shall be charged for each reinspection made.
e. Valuations of commercial and residential structures shall be based upon the value submitted
by the developer/builder or the value of the appropriate construction type shown on the most
recent SGGGI ICC Building Valuation Data Sheet, whichever is greater.
108.4.2--Notice to affected property owners. The building official shall notify all affected
property owners who own property within 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.
: 110.3.1.1 is added to read as follows:
Required site surveys. Prior to inspections involving footings, foundations, concrete
slabs or any item requiring under-floor inspection the building official shall require a site survey
prepared by a registered professional land surveyor showing the location of placed forms to be
inspected.
Appendix B is amended to read:
B101.2--Membership of board. Each member shall be appointed to a two-year term of
office; with three members appointed effective August 31, odd-numbered years, and two
members appointed effective August 31, even-numbered years.
B101.2.2--Qualifications. There is hereby established a board to be called the board of
appeals, which shall consist of five members. Such board shall be composed of three persons
with technical background in building design or construction or experience in the building trades
industry, and two other citizens. The mayor (chief appointing authority) shall appoint board
members with the approval of the city council.
B101.3.3--Postponed hearing. Three 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 affirmative votes, shall
be required. A board member shall not act in a case in which he has a personal interest.
{�4 u Section 113.4 114.4 is amended as follows:
Section 143-4114.4 After the word law in the first sentence of said section, a comma
should be inserted and the language added "and the punishment therefore shall be as provided
in the Code of Ordinances, City of Huntsville, Texas." The remainder of said section remains
unchanged. $2000?
(9)M Section D101.1.1 is amended to read:
Section D101.1.1. 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 13th Street;
Thence westerly along said north line of 13th Street to the east line of Avenue M;
Thence northerly along east line of Avenue M to the point of beginning.
483 9) Figure 1608.2 is amended by adding:
City of Huntsville five lbs./sq. ft.
(44 (101 Figure 1509 is amended by adding:
City of Huntsville 100 mph.
(11_) Section 798.1 709.1 is amended by adding:
5- 6. In any other building or portion of a building of a single occupancy classification, when
enclosed spaces are provided for separate tenants, such spaces shall be separated by not less
that than one hour fire resistance. Exception: In Group B and S occupancies, partitions not
rated for fire resistance may be used to separate tenants provided no area between partitions
rated at one hour or more exceeds 3,000 sq. ft.
{4-34} 12 Section 2902.2 is amended to-read by adding:
Section 2902.2--Separate facilities. Every building and each subdivision thereof where
both sexes are employed shall be provided with access to at least two 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 employees on any shift.
(a 4) (13) Section 3107--Delete section 3107.
453 (14) Chapter 11--Delete chapter 11.
(Code 1961, § 9.02.02; Ord. No. 94-13, 5-10-1994; Ord. No. 97-35, 11-25-1997; Ord. No. 2000-
19, 9-26-2000; Ord. No. 2002-08, 3-5-2002; Ord. No. 2006-02, 1-3-2006; Ord. No. 2006-22, §
9.02.02(109.3.05), 10-3-2006)
Sec. 12-21. Amendments to International Building Code, appendix J.
Appendix J of the International Building Code is amended as follows: section J103 is
amended by adding paragraph J103.3, to read:
J103.3 Grading permit fees. A fee, as established by ordinance from time to time, for
each grading permit shall be paid as set forth:
5,000 cubic yards or less.
5,000--10,000 cubic yards.
10,001 to 100,000 cubic yards.
100,001 to 200,000 yards.
200,001 cubic yards or more.
(Code 1961, § 9.02.04; Ord. No. 2006-02, 1-3-2006)
Sec. 12-22. Amendments to International Residential Building Code, appendix G.
Appendix G of the International Residential Building Code is amended as follows:
(1) Section AG 102 is amended by changing the following definition:
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 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.
(2) Section AG 103 is amended by the addition of a new paragraph AG 193.3 AG 103.4 which
shall read as follows:
AG 1-03.x. AG 103.4 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. (see also Section 12-24 (7))
(3) Section AG 195.2 iG aFReRded by the additiGn ef a new paFagFaph tG Fead'.
107: add section 107 which shall read as follows:
AG 495.6-107-Final inspection; operating permit required. All swimming pool
installations must be completed. The pool shall be completely filled with water and in operation
before final inspection.
a. No person shall allow or permit any public or +Mate semi-public pool to be in
existence upon any premises under the person's ownership, possession or control unless there
is a current operating permit for the pool. Each pool shall have a separate permit. A permit shall
expire one year from the date of issuance. There is imposed an operating permit inspection fee
of $36.00. If the pool fails to pass inspection, the applicant may reapply for such permit.
b. Public pool means any pool open to the general public, regardless of whether a fee is
charged for use of the pool.
c. Semipublic pool means any pool that is part of, or on the premises of a hotel, motel, trailer
seUFt-mobile home park, apartment project, or condominium complex having more than ten
units.
d. Nothing in this chapter shall be construed to apply to any pool owned by the state or any of
its subdivisions.
(4) Section AG 197 AG 108 Add section AG447-AG 108 which shall read as follows:
AG 497 AG 108--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 1.2 to 2.0 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. Spas and hot tubs are required to maintain a minimum
of 3.0 parts per million residual chlorine.
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-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 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.
(Code 1961, § 9.02.05; Ord. No. 92-05, 3-31-1992; Ord. No. 97-35, 11-25-1997; Ord. No. 2000-
19, 9-26-2000; Ord. No. 2002-08, 3-5-2002; Ord. No. 2006-02, 1-3-2006)
Sec. 12-23. Amendments to International Mechanical Code.
The International Mechanical Code is amended as follows:
(1) Section 101.2.1.1. Add section 101.2.1.1 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 --Combustion Air Openings and Chimney Connector Pass-Throughs;
Appendix B --Schedule of permit fees.
(2) Section 103. Delete section 103.
(3) Section 108.3. Delete section 108.3.
(4) Section 108.4. Delete section 108 4.
(5) Section 109. Amend section 109, Appeals, to read:
109. General. Delete 109.1 through 109.7
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 International Building Code.
(6) Section 202. Amend section 202, Definitions, to change or add the following definitions:
Code Official: The city's building official.
(7) Persons performing air conditioning and refrigeration work must be licensed by and in
accordance with the state department of licensing and regulation and shall register annually with
the city, see "Schedule of Fees."
(Code 1961, § 9.02.06; Ord. No. 97-35, 11-25-1997; Ord. No. 2002-08, 3-5-2002; Ord. No.
2005-21, 9-20-2005; Ord. No. 2006-02, 1-3-2006; Ord. No. 2007-02, § 3; 2-6-2007)
Sec. 12-24. Amendments to International Plumbing Code.
The International Plumbing Code is amended as follows:
j (1) Section 101.2 is amended tG F2ad by adding:
The appendices included in the Code 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 Plumbing Permit Fee Schedule
Appendix B --Rates of Rainfall for Various Cities
Appendix D --Degree Day and Design Temperatures for Cities in the United States
Appendix F --Structural Safety
Appendix G --Vacuum Drainage System
(2) Section 103. Section 103 is deleted.
(3) Section 102.6 is amended to read as follows:
102.6--Special Historic Buildings. The provisions of the International Plumbing Code
(other than chapter 1) relating to the alteration, repair, enlargement, restoration or relocation of
plumbing installations shall not be mandatory for existing buildings or structures identified and
classified as recorded Texas historic landmarks, national historic landmarks, or buildings
entered into the national register of historic places, or qualified as such by the building official. It
is further provided, however, that:
1) Such buildings or structures are judged by the city building official to be safe;
2) The owner submits complete architectural and engineering plans and specifications beating
the seal of a registered professional engineer or architect; and
3) The owner complies with the requirements of article II of chapter 6 of this code.
(4) Section 109. Section 109 is deleted.
(5) Section 301.3. Add this paragraph to 301.3:
If water closets or other plumbing fixtures are installed in buildings where there is no
sewer within 299 300 feet of the property line of the tract, suitable provision shall be made for
disposing of the building sewage by some accepted method of sewage treatment and disposal.
(6) Section 1005 is added to read:
1005.1. When required. A sample well shall be installed on the outside of the building
on the building sewer.
(7) Section 805 is added to read:
805--Swimming Pools. Piping carrying waste water from swimming or wading pools
including pool drainage, backwash from filters, water from scum gutter drains or floor drains
which serve walks around pools, shall not be connected to the city sewer system.
(8) Section 106.4 is amended to read:
106.4--Contractor License. All persons who engage in or work at the actual installation,
alteration, repair and renovating of plumbing shall possess e4hei: a mns-Enr GF G FReyrnaR
ms's an appropriate plumbing license in accordance with the provisions of the state
plumbing license law. All plumbing work must be performed under the direct supervision
of a master or iourneyman plumber that is physically on the work site during all times
that plumbing work is being performed. a;4Master and Journeymen plumbers shall
register annually with the city. It shall be the responsibility of the registered plumber to notify the
permit clerk of any change of employment to another company or under another master
plumber, see "Schedule of Fees."
a) Definitions : The word or term "plumbing" as used in "the plumbing license law" means and
shall include:
(1) All piping, fixtures, appurtenances and appliances for supply or recirculation of water, gas,
liquids, and drainage or elimination of sewage, including disposal systems or any combination
thereof, for all personal or domestic purposes in and about buildings where a person lives,
works or assembles; all piping, fixtures, appurtenances and appliances outside a building
connecting the building with the source of water, gas, medical gas and vacuum, or other liquid
supply, or combinations thereof, on the premises, or the main in the street, alley, easement or
at the curb: all piping, fixtures, appurtenances, appliances, drain or waste pipes carrying
wastewater or sewage from or within a building to the sewer service lateral at the easement,
curb or in the street or alley or other disposal or septic terminal holding private or domestic
sewage;
(2) The installation, repair, service, and maintenance of all piping, fixtures, appurtenances and
appliances in and about buildings where a person lives, works or assembles, for a supply of
gas, medical gas and vacuum, water, liquids, or any combination thereof, or disposal of
wastewater or sewage.
b) Exemptions: The following acts, work and conduct shall be expressly permitted without
license:
(1) Home owner: Plumbing work done by a property owner in a building owned and occupied
by him as his homestead.
(2) Plumbing work done by anyone who is regularly employed as or acting as a maintenance
man or maintenance engineer, incidental to and in connection with the business in which he is
employed or engaged, and who does not engage in the occupation of a plumber for the general
public; construction, installation and maintenance work done upon the premises or equipment of
a railroad by an employee thereof who does not engage in the occupation of a plumber for the
general public; and plumbing work done by persons engaged by any public service company in
the laying, maintenance and operation if its service mains or lines to the point of measurement
and the installation, alteration, adjustment, repair, removal, and renovation of all types of
appurtenances, equipment and appliances, including doing all that is necessary to render the
appliances usable or serviceable; appliance installation and service work done by anyone who
is an appliance dealer or is employed by an appliance dealer, and acting as an appliance
installation man or appliance service man in connecting appliances to existing piping
installations; water treatment installations, exchanges, services, or repairs. Provided, however,
that all work and service herein named or referred to shall be subject to inspection and approval
in accordance with the terms of all local valid city or municipal ordinances.
(3) Plumbing work done by a licensed irrigator or licensed installer when working and licensed
under the Licensed Irrigators Act, V.T.C.A., Occupations Code § 1903.251, as amended.
Licensed irrigators or installers shall register annually with the city prior to permitting and
performing irrigation work, see "Schedule of Fees."
(4) Plumbing work done by an LP gas installer when working and licensed under V.T.C.A.,
Natural Resources Code ch. 113, as amended.
(5) Any teF t..-..,t,, eRt r1ealer op his eri,.,i,.y Well pump installer when seFtified licensed in
..,LVI LTVL.L.T1lG
accordance with seGtiGR 3A Gf the P161n;biRg iiGense law Chapter 1902 Occupations Code.
(9) Section 106.6.2. Section 106.6.2 is deleted.
(10) Section 708.3.2. Change eight inch to six inch.
(11) Section 106.6.3. Delete 106.6.3.
(12) Section 608.1. Add:
When a backflow assembly is used, only an "approved assembly" shall be accepted. An
"approved assembly" is a backflow assembly that has been approved, manufactured and tested
in accordance with the standards adopted by AWWA or approved and listed by the University of
Southern California Foundation for Cross Connection Control and Hydraulic Research.
(Code 1961, § 9.02.07; Ord. No. 97-35, 11-25-1997; Ord. No. 2002-08, 3-5-2002; Ord. No.
2005-21, 9-20-2005; Ord. No. 2006-02, 1-3-2006; Ord. No. 2007-02, § 4, 2-6-2007)
Sec. 12-25. Amendments to International Gas Code.
The International Gas Code is amended as follows:
(1) Section 101.3 is amended to read:
101.3--Appendices. The appendices included in this code 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 --Sizing and Capacities of Gas Piping (IFGS)
Appendix B --Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods,
Category 1 Appliances, and Appliances Listed for Use and Type B Vents
Appendix C --Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems
(2) Section 103. Section 103 is deleted.
(3) Section 102.6 is amended to read:
102.6—Special Historic Buildings. The provisions of the International Gas Code (other
than chapter 1) relating to the alteration, repair, enlargement, restoration, or relocation of gas
installations shall not be mandatory for existing buildings or structures identified and classified
as recorded Texas historic landmarks, national historic landmarks, or buildings entered into the
national register of historic places, or qualified as such by the building official. It is further
provided, however, that:
1. Such buildings or structures are judged by the city building official to be safe;
2. The owner submits complete architectural and engineering plans and specifications bearing
the seal of a registered professional engineer or architect; and
3. The owner complies with the requirements of article III of this chapter of the Code of
Ordinances, City of Huntsville, Texas.
(4) Section 109. Section 109 is deleted.
(5) Section 403.5 is amended to read:
403.5--Metallic Tubing.
Add --Copper tubing for gas installation shall only be used on mobile home installation
and appliance installation. Maximum length for copper tubing for appliance installation is six
feet.
(6) Section 403.6 is amended to read:
403.6—Plastic Piping.
When approved by the admiRistrative autheFity Building Official, plastic pipe or tubing
and fittings conforming with ASTM D 2513 and the following material specifications, with
compatible fittings, may be used for outside natural gas piping underground.
TABLE INSET:
Material AST1 Standard
Polyethylene (PE-2406CD) Orange Pipe SDR II D 1248
All plastic pipe approved for use with natural gas shall bear the manufacturer's name or
trademark, pipe size, plastic pipe material designation code, standard dimension ration number,
the ASTM specifications to which the pipe conforms, ASTM D 2513, and the production code
number to indicate resins used in manufacturing.
(7) Section 106.1 is amended to read:
106.1--When required.
Add: All persons who engage in or work at the actual installation, alteration, repair and
renovating of plumbing shall possess eitheF a masteF GF jGUFReyman plumb an appropriate
plumbing license in accordance with the provisions of the state plumbing license law. All
plumbing work performed must be under the direct supervision of a master or
journeyman plumber that is physically on the work site during all times that plumbing
work is being performed.
A. Definitions. The word or term "plumbing," as used in the plumbing license law, means and
shall include:
1. All piping, fixtures, appurtenances and appliances for supply or recirculation of water, gas,
liquids and drainage or elimination of sewage, including disposal systems or any combination
thereof, for all personal or domestic purposes in and about buildings where a person lives,
works or assembles; all piping, fixtures, appurtenances and appliances outside a building
connecting the building with the source of water, gas, medical gas and vacuum or other liquid
supply, or combinations thereof, on the premises, or the main in the street, alley, easement or
at the curb; all piping, fixtures, appurtenances, appliances, drain or waste pipes carrying
wastewater or sewage from or within a building to the sewer service lateral at the curb or in the
street, easement, ar- alley or other disposal or septic terminal holding private or domestic
sewage;
2. The installation, repair, service, and maintenance of all piping, fixtures, appurtenances and
appliances in and about buildings where a person lives, works or assembles, for a supply of
gas, medical gas and vacuum, water, liquids, or any combination thereof, or disposal of
wastewater or sewage.
B. Exemptions. The following acts, work and conduct shall be expressly permitted without
license:
1. Plumbing work done by a property owner in a building owned and occupied by him as his
homestead.
2. Plumbing work done by anyone who is regularly employed as or acting as a maintenance
man or maintenance engineer, incidental to and in connection with the business in which he Js
employed or engaged, and who does not engage in the occupation of a plumber for the general
public; construction, installation and maintenance work done upon the premises or equipment of
a railroad by an employee thereof who does not engage in the occupation of a plumber for the
general public; construction, installation and maintenance work done upon the premises or
equipment of a railroad by an employee thereof who does not engage in the occupation of a
plumber for the general public; and plumbing work done by persons engaged by any public
service company in the laying, maintenance and operation of its service mains or lines to the
point of measurement and the installation, alteration, adjustment, repair, removal and renovation
of all types of appurtenances, equipment and appliances, including doing all that is necessary to
render the appliances usable or serviceable; appliance installation and service work done by
anyone who is an appliance dealer or is employed by an appliance dealer, and acting as an
appliance installation man or appliance service man in connection with appliances to existing
piping installations; water treatment installation, exchanges, services, or repairs. Provided,
however, that all work and service herein named or referred to shall be subject to inspection and
approval in accordance with the terms of all local valid city or municipal ordinances.
3. Plumbing work done by a licensed irrigator or licensed installer when working and licensed
under the Licensed Irrigators Act, V.T.C.A., Occupations Code § 1903.251, as amended.
4. Plumbing work done by an LP Gas installer when working and licensed under V.T.C.A.,
Natural Resources Code ch. 113, as amended.
5. Any water t%atment dealeF eF his o..- p!Gyee well pump installer when szFti#ied licensed in
accordance with secticn 3A Of the PIU <biRg L;aeRS8 k z Chapter 1902 Occupations Code
(Code 1961, § 9.02.08; Ord. No. 97-35, 11-25-1997; Ord. No. 2002-08, 3-5-2002; Ord. No.
2006-02, 1-3-2006)
Sec. 12-26. Amendments to International Residential Code.
The International Residential Code is amended as follows:
(1) R102.5. Appendices: 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-- (IFGS) Sizing and Capacities of Gas Piping
Appendix B-- (IFGS) Sizing of Venting Systems Serving Appliances Equipped with Draft
Hoods, Category I Appliances, and Appliances Listed for Use and Type B Vents
Appendix C-- (IFGS) Exit Terminals of Mechanical Draft and Direct-Vent Venting
Systems
Appendix J-- Existing Buildings and Structures
Appendix G— Swimming Pools, Spas and Hot Tubs
(2) 2,103.1. The division of central inspections is hereby created and the official in charge
thereof shall be known as the building official.
(3) R103.2. Delete R103.2.
(4) R105.2. (1) (Delete 4)j (3) delete (3).
(5) R109.1.05. Required site surveys. Prior to inspections involving footings, foundations,
concrete slabs or any item requiring under-floor inspection the building official shall require a
site survey prepared by a registered professional land surveyor showing the location of placed
forms to be inspected.
(6) R302.2—change first sentence in exception to read:
A common 2 hour fire resistance-rated wall assembly is permitted for
townhouses if such walls do not contain plumbing or mechanical equipment ducts or
vents in the cavity of the wall.
(6)u P2602.1. Delete "if available" in the first sentence and add when public water and sewer
is within 4;980-300 feet of the property.
(7}M P2904.4-4 P2905.4.1 Delete sentence in paragraph which states: "Water-service pipe is
permitted to be located in the same trench with a building sewer provided such sewer is
constructed of materials listed for underground use within a building in section P3002.1.
(-9} (9) Table °''°,—_ 94.4.1 22905.4 Delete all except:
TABLE INSET:
Material Standard
ABS plastic pipe schedule 40 and 80 ASTM D 1527
CPVC plastic hot and cold water distribution systems ASTM D 2846
CPVC plastic pipe schedule 40 and 80 ASTM F 441
CPVC plastic pipe schedule (SDR-PR) ASTM F 442
Ductile iron pressure pipe ASTM A 377
PVC plastic pipe schedule 40, 80 and 120 ASTM D 1785
PVC pressure rates pipe (SDR Series) ASTM D 2241
Seamless brass type ASTM B 135
Seamless copper tube ASTM B 75
Seamless copper water tube Type K, L and til ASTM B 88
Seamless red brass pipe, standard sizes ASTM B 43
`L'elded copper water tube (WK, WL, WM) ASTNI B 447
PEX ASTM F876
ASTyt 877
Please note that Table P29G4..1 P2905.4 includes standards for materials for use with cold
water only.
(�} 10 Section P 2902.2 P2902.3. Add to P '°= ^�=P2902.3:
When a backflow assembly is used, only an "approved assembly" will be accepted. An
"approved assembly" is a backflow assembly that has been manufactured, tested and approved
in accordance with the standards adopted by the AWWA, or approved and listed by the
University of Southern California Foundation for Cross Connection Control and Hydraulic
Research.
49)" Table P3002.2. Delete:
TABLE INSET:
Material Standard
Concrete sewer, storm drain and culvert pipe ASTM C 14
Compression joints for vitrified clay pipe and fittings ASTM C 425
Vitrified clay pipe and fittings ASTM C 700
Bitumenized fiber drain and sewer pipe ASTM D 1861
ABS Sewer pipe and fittings ASTM D 2751
Type PSM/PVC sewer pipe and fittings ASTM D 3034
PVC—Cell Core ASTM D 2949
-{44� 12 l2 R302.6 is hereby amended to read:
8399.2 R302.6 Separation Required. The garage shall be separated from the residence
and its attic area by not less than one-half inch (12.7 mm) gypsum board from the floor to the
roof deck applied to the garage side or from the floor to the ceiling of the garage with theara e
9 9
ceilingbeing covered with not less than five-eighths
9 g s inch fire code gypsum board. Where the
separation is a floor/ceiling assembly, the structure supporting the separation shall also be
protected by not less than five-eighths inch fire code gypsum board as equivalent. Openings in
garage walls and ceilings shall comply with Section R302.5
(13) Section P2904— delete P2904
(14) Section R313 — delete R313
(15) Chapters 34, 35, 36, 37, 38, 39. 40 41 42.43 — delete Chapters 34, 35, 36, 37 38, 39, 40,
41, 42, 43 and replace with: The installation of electrical systems equipment and
components indoors and outdoors shall be in accordance with NFPA 70 current edition
as adopted and amended by the State of Texas and Article V Electricity Huntsville Code
of Ordinances.
(16) All plumbing work must be performed by persons with an appropriate plumbing
license in accordance with the provisions of the State Plumbing License Law under the
direct supervision of a master or iourneyman plumber that is physically on the work site
during all times that plumbing work is being performed.
(Code 1961, § 9.02.09; Ord. No. 2002-08, 3-5-2002; Ord. No. 2004-08, 3-23-2004; Ord. No.
2006-02, 1-3-2006; Ord. No. 2006-23, § R109.1.05, 10-3-2006)
Sec. 12-27. Amendments to International Property Maintenance Code.
The International Property Maintenance Code shall be amended as follows:
1. Section 103.1 is amended to read:
103.1 - Building Official
The City of Huntsville (herein called applicable governing body) designates the
City's Building official (herein after called code official) as its code enforcement
officer.
2. Section 103.2 and 103.3. delete Sections 103.2 and 103.3
3. Section 103.5. Delete Section 103.5
4. Section 107.1 amend to read:
Section 107.1 last sentence should read: Notices for condemnation procedures
shall comply with Section 12-61 of the Code of Ordinances.
5. Section 107.5 amend to read:
Section 107.5. Penalties for noncompliance with orders and notices shall be as
provided in Chapter 12 of the Huntsville Code of Ordinances.
6. Section 110.1 is amended to read:
110.1 When a building is to be demolished, it shall be done so in accordance with
Section 12-61of the Huntsville Code of Ordinances.
7. Section 111.1 Means of Appeal amend to read:
Section 111.1 Any person receiving notice from the building official of
deficiencies to his property under this code may within (15) days following the date of
such notice enter an appeal in writing to the Board of Adiustments and Appeals. The
appellant must state the variance or appeal requested, the reason for it, and the hardship
or conditions upon which the appeal is made.
7. Section 111.2 through 111.8 Delete 111.2 through 111.8
8. Section 302.4 add 10 inches to iurisdiction height
Section 302.2. Grading and drainage. All premises, including driveway approaches and
associated appurtenances shall be graded and maintained to prevent the erosion of soil and to
prevent the accumulation of stagnant water thereon, or within any structure located thereon.
Exception: Approved retention areas and reservoirs.
Section 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways,
driveway approaches and associated appurtenances, parking spaces and similar areas shall be
kept in a proper state of repair, and maintained free from hazardous conditions.
(Code 1961, § 9.02.11; Ord. No. 2002-08, 3-5-2002; Ord. No. 2006-25, § 9.
Sec. 12-28. Building permit required.
(a) A person commits an offense if he commences any work on a building or structure before
obtaining a building permit.
(b) A residential building permit for new constriction or remodel construction shall not be
issued unless the contractor requesting the permit is registered with the city.
ragGenstnuetien
fegistfation with the Texas
Cemf.,issi,„, see "Schedule of Fees."
DELAPIDATED STRUCTURES
Sec. 12-60. Dilapidated, substandard or unfit buildings.
(a) Any building or structure, including a mobile or manufactured home that is not suitable for
continued use and occupancy,may be vacated, secured, repaired,removed or demolished by the
city if it constitutes a hazard to the health, safety and welfare of the general public or its
occupants and if it is a dilapidated, substandard or unfit building.
(b) A building does not meet minimum standards for the continued use and occupancy
regardless of the date of its construction if-
(1)
£(1) Any means of egress or portion thereto is not of adequate size or is not arranged to provide a
safe path of travel in case of fire or panic.
(2) Any means of egress or portion thereof, such as, but not limited to, fire doors, closing
devices, fire resistance ratings, are in disrepair or in a dilapidated or nonworking condition such
that the means of egress could be rendered unsafe in case of fire or panic.
(3) The stress in any materials, member or portion thereof, due to all imposed loads, including
dead load, exceeds the working stresses allowed in the International Building Code for new
buildings.
(4) A building, structure or portion thereof has been damaged by fire, flood, earthquake, wind
or other cause to the extent that the structural integrity of the buildings or structures is less than it
was prior to the damage and is less than the minimum requirement established by the
International Building Code for new buildings.
(5) Any exterior appendage or portion of a building or structure is not securely fastened,
attached or anchored such that it is capable of resisting wind, seismic or similar loads as required
by the International Building Code for new buildings.
(6) For any reason a building, structure or portion thereof is manifestly unsafe or unsanitary for
the purpose for which it is being used.
(7) Any building, structure or portion thereof, as a result of decay, deterioration or dilapidation,
is likely to fully or partially collapse.
(8) Any building, structure or portion thereof has been constructed or maintained in violation of
a specific requirement of the standard codes or of a city, county or state law.
(9) Any building, structure or portion thereof is in such a condition as to constitute a public
nuisance.
(10) Any building, structure or portion thereof is unsafe,unsanitary or not provided with
adequate egress, or which constitutes a fire hazard, or is otherwise dangerous to human life, or
which in relation to existing use, constitutes a hazard to safety or health by reason of inadequate
maintenance, dilapidation, obsolescence or abandonment.
(Code 1961, § 9.03.01; Ord.No. 90-14, § 1, 8-21-1990; Ord.No. 2002-08, 3-5-2002; Ord.No.
2006-02, 1-3-2006)
Sec. 12-61. Action required.
(a) The building official or his/her designee shall inspect any building, structure or portion
thereof that is or may be unsafe.
(b) After the building official or his/her designee has inspected a building and has determined
that such building or a portion thereof is dilapidated or substandard,the building official or
his/her designee shall initiate proceedings to cause the abatement of the unsafe condition by
repair,vacation or demolition or a combination thereof.
(c) The building official may cause a building to be secured from unauthorized entry if the
building is found to be in violation of Section 12-60 and is unoccupied or is occupied only
by persons who do not have a right of possession to the building
(d) Before the 11t day after the date the building is secured, notice shall be given to the
owner in accordance with Section 16-62 ('n (b) & (c) stating:
(1) identification of the building
(2) description of the violation
(3) statement that the building official will secure or has secured the buildings)
(4) owner's entitlement to request a hearing within 30 days of the notice
(Code 1961, § 9.03.02; Ord.No. 90-14, § 1, 8-21-1990)
I
Sec. 12-62. Notice to owner of intent to demolish dilapidated, substandard or unfit building;
public hearing required.
(a) The building official shall prepare a notice of dangerous building directed to the owner of
the building. The notice shall contain:
(1) The street address and identification of the building, structure or premises;
(2) A physical description of the building;
(3) A declaration that the building has been found dilapidated, substandard or unfit by the
building official and a detailed report documenting the conditions rendering the building unsafe;
(4) A statement advising that if the required action is not commenced within or completed by
the time specified,the building will be ordered vacated and posted to prevent further occupancy
until the work is completed;
(5) A statement that the building may be repaired,removed or demolished by the city and all
expenses incurred assessed against the building, the land on which it stood and/or the owner;
(6) A statement that any person with an interest in the building may appeal within 4-5 30 days
and in writing such proposed action to the board of adjustments and appeals; failure to appeal
shall constitute a waiver of all rights to an administrative hearing; and
(7) The date, time and place for a public hearing to determine whether the building complies j
with minimum standards for continued use and occupancy.
(8) A notice of a hearing sent to an owner, lienholder,or mortgagee under this section
must include a statement that the owner,lienholder, or mortgagee will be required to
submit proof of the scope of any work that may be required to comply with the ordinance
and the time it will take to reasonably perform the work.
(b) The notice shall be served, either personally or by certified mail,to the owner at the owner's
last known address. The notice shall be served on:
(1) Any person having legal interest in the property as shown by the city's current tax records;
(2) Any person paying a utility service bill for the property;
(3) Any person actually occupying the property or building; and
(4) Each mortgage and lienholder having an interest in the building or in the property on which
the building is located.
(c) When certified mail notice is returned as "refused" or"unclaimed", the validity of the
notice is not affected and the notice is considered delivered.
(0 (d) If the building official is unable to determine the owner, or notice is returned unserved,
notice may be served by:
(1) Publication in the city's official newspaper two times,not more than 14 nor less than ten
days apart; and
i
(2) Posting on the front and rear doors of the structure for ten days.
(d) (e)A copy of the notice shall be filed in the deed record of the county.
(Code 1961, § 9.03.03; Ord.No. 90-14, § 1, 8-21-1990; Ord.No. 2006-02, 1-3-2006)
Sec. 12-63. Vacation of building.
(a) If a building or structure poses an immediate hazard to life or safety of the public, it shall be
ordered vacated immediately.
(b) Every notice to vacate, in addition to complying with section 12-62(a), shall be posted on
each entrance and exit to the building and shall state:
THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED
BY THE BUILDING OFFICIAL.
(c) Such notice to vacate shall remain posted until required repairs or demolition is completed.
(Code 1961, § 9.03.04; Ord.No. 90-14, § 1, 8-21-1990)
Sec. 12-64. Appeals to board of adjustment and appeals.
(a) Any person aggrieved or affected by any decision of the building official may appeal such
decision to the board of adjustments and appeals. Such appeal shall be filed in writing in the
building official's office within 44 30 days after the decision has been rendered by the building
official.
(b) An appeal shall stay all proceedings in furtherance of the action appealed from unless the
city building official certifies to the satisfaction of the board that by reason of facts stated in the
certification a stay would cause imminent peril to life or property.
(Code 1961, § 9.03.05; Ord.No. 90-14, § 1, 8-21-1990)
i
i
Sec. 12-65. Decision by board.
(a) The board of adjustment and appeals may, after public notice and public hearing, take action
relative to the continuance or discontinuance of dilapidated, substandard or unfit buildings or
structures. In particular,the board may:
(1) Permit repair of substandard structures subject to requirements pertaining to the structure or
premises deemed necessary by the board within 30 days;
(2) Require the buildings) secure from unauthorized entry within 30 days;
(2)Q Require vacation of buildings deemed unfit for human use or habitation within 30 days;
(3)(4) Require demolition of structures deemed dilapidated, substandard or unfit within 30
days.
(b) If the owner, lienholder, or mortgagee establishes, at the hearing,that the work cannot
reasonably be performed within 30 days
(1) if the Board grants more than 30 days to repair,remove or demolish the buildina(s), a
specific time schedule for the commencement and performance of the work shall be given
and the owner, lienholder,or mortgagee must be required to secure the property in a
reasonable manner from unauthorized entry while work is being performed.
(2) additional time beyond 90 days must not be given to repair, remove, or demolish the
building or fully perform all work required to comply with the order unless the owner,
lienholder, or mortgagee (1) submits a detailed plan and time schedule for the work and (2)
establishes, at the hearing,that the work cannot reasonably be completed within 90 days
because of the scope and complexity of the work.
i
(3) if the Board grants more than 90 days; (1) prowess reports must be submitted by
appearance before the Board at their scheduling and, (2) for properties with a total value
greater than $100,000.00, a cash or surety bond in an amount adequate to cover the cost of
repairing, removing, or demolishing the buildings)must be posted or in lieu of the bond, a
letter of credit from a financial institution may be provided to the City. The bond must be
posted or the letter of credit must be provided to the City within 30 days of the hearing.
(c) in the public hearing,the owner, lienholder, or mortgagee has the burden of proof to
demonstrate the scope of any work required to comply with the ordinance and the time it
will reasonably take to perform the work
(b) (d) The final decision of the board shall be in writing. A copy shall be served on the
appellant either personally or by certified mail and within 10 days after the date that the order
is issued,the Board's secretary shall:
1. file a copy of the order in the office of the municipal secretary
2. publish in a newspaper of general circulation in the municipality in which the
Building is located a notice containing:
* the street address or legal description of the property
* the date of the hearing
* a brief statement indicating the results of the order; and
* instructions stating where a complete copy of the order may be
located
(e)(e) The final decision of the board shall not deprive the appellant of seeking redress in any
civil court of law provided,however, such appeal must be filed within 15 days of the board's
p � pp Y
final decision.
(Code 1961, § 9.03.06; Ord No. 90-14, § 1, 8-21-1990)
Sec. 12-66. Demolition of property.
(a) Whenever the required repair,vacation or demolition is not commenced or completed within
the time designated by the building official or board of adjustment or appeals,the building shall
be posted.
(b) Subsequent to posting the building, the building official may cause the building or structure
to be demolished,removed and/or repaired.
(c) The building official may approve one or more extensions of time as the building official
may determine to be reasonable to complete the required repair or demolition. Such extension
requests shall be made in writing stating the reasons therefore. If the extension of time exceeds
120 days, such extension must also be approved by the board.
(Code 1961, § 9.03.07; Ord.No. 90-14, § 1, 8-21-1990)
Sec. 12-67. Recovery of expenses for securing,repair, removal, vacation and/or demolition.
(a) The building official shall keep an accurate record of all expenses of demolition, removal
and/or repair. All such expenses, less any salvage recovery, shall be levied, assessed and
collected by the tax office.
(b) Any monies received from sale of a building or from demolition thereof, over and above
expenses incurred, shall be paid to the owner of record or other persons lawfully entitled thereto.
(c) In the event that such charges are not paid when due,the tax collector shall file with the
county clerk a sworn statement of the building official of the expenses incurred, and the city
shall thereby perfect a privileged lien on the property involved, second only to tax and street
improvement liens,together with nine percent interest from the date such payment was due.
(d) if a bond has been posted or letter of credit issued to the City, either may be collected
for properties valued over$100,000.00
(Code 1961, § 9.03.08; Ord.No. 90-14, § 1, 8-21-1990)
Sec. 12-68. Commission of offense.
(a) A person commits an offense if the person removes or defaces a notice posted by the
building official without written permission from the building official.
(b) A person commits an offense if the person enters any building posted with a notice to vacate
by the building official without the written permission of the building official, except for
purposes of making required repairs or demolishing the same.
(c) A person commits an offense if the person obstructs or interferes with the implementation of
any action required by the final notice of the building official or the board.
(Code 1961, § 9.03.09; Ord. No. 90-14, § 1, 8-21-1990)
Secs. 12-69--12-94. Reserved.
ARTICLE V. ELECTRICITY
Sec. 12-124. Object and scope.
(a) The object of this article is to reduce the personal hazard and the fire hazard from electrical
causes. To accomplish this, the requirements set forth herein are intended to provide a minimum
standard for electrical installation in the city.
(b) The provisions of this article shall not apply to installations in railway cars, automotive
equipment, electrical railway companies, to installations used by electrical public utility
telephone telegraph companies, radio transmission, or in the distribution of electricity or for the
operation of signals or the transmission of intelligence, in the exercise of their function as such
agencies and located outdoors or in buildings used exclusively for the purpose; provided,
however, that these regulations, except as to permits, shall apply to all such wiring and
equipment installed in or on the consumer's premises.
(Code 1961, § 11.01.02; Ord. of 8-12-1969, § 2)
Sec. 12-125. Installation standards.
(a) In every case where no specific type or class of material, or no specific standard of
construction is prescribed by the statutes of the state, installation shall be made in conformity to
the standards provided by the National Electrical Code, 2005 Edition., the most current edition
and amendments adopted by the State of Texas, a copy of which is authenticated by the
signatures of the mayor and the city secretary, and is on file in the city secretary's office.
(b) All electrical equipment installed or used shall be in conformity with the provisions of this
article, the statutes of the state and any order, rules and regulations issued by authority thereof,
and with approved electrical standards for safety to persons and property. Unless by this article,
by a statute of the state, or by any orders, rules or regulations issued by authority thereof, a
specific type or class of electrical equipment is disapproved for installation and use, conformity
with the standards of Underwriters' Laboratories, Inc., as approved by the American National
Standards Institute, and the electrical provisions of other standards approved by the American
National Standards Institute shall be prima facie evidence of conformity with approved standards
for safety to persons and property; provided, however, that provisions of this section shall not
apply to equipment owned and used by an electrical supply or communication agency in the
generation, transmission, or distribution of electricity or for the operation of signals or the
transmission of intelligence.
(c) No electrical apparatus, fitting or material shall be used or placed on sale unless such
apparatus, fittings or material is approved by the city building official as complying with the
safety requirements of this code; provided, however, that all such apparatus, fittings or material
which bears the label of Underwriters' Laboratory, Inc., shall be deemed prima facie evidence to
satisfy the requirements of this code, and the city building inspector is authorized to approve
such apparatus, fittings and material without requiring further tests thereof to be made.
(d) Approved wiring methods shall be as follows:
(1) An approved direct burial cable may be used, when installed in accordance with the
National Electrical Code and the Fire Code, for the distribution of electricity in total
underground areas or in areas where only services are underground.
(2) Electrical metallic tubing (EMT). Installations in dry walls, attics, outside with watertight
fittings and strapped every five feet. Fibre bushings shall be used on all connections 1 1/4
through two inches. Under no conditions shall EMT be installed in concrete or underground.
(3) Flexible metal conduit and MC Cable.
a. Minimum size one-half-inch flexible metal conduit may be used in the following instances:
1. On all adjustable motors, equipment, light fixtures when accessible;
2. Three-eighths-inch premanufactured(fixture whips) with a ground may be used for lighting
fixtures within an accessible location;
3. Sealtite with Sealtite fittings must be used in damp or grease-laden locations;
4. In locations impractical or impossible for the use of solid conduit and approved by the
building official.
b. No connections shall be more that seven feet and not less than 13 inches and all flexible
conduit must be made with a grounding conductor.
(4) Surface metal raceways.
(5) Underfloor raceways.
(6) Cellular metal floor raceways.
(7) Wireways and buss duct.
(8) SEU Cable
(8)(9) Nonmetallic sheathed cable, exception--See subsection (g) of this section.
(e) r iiap,,feved wirkig ma*"^an: Under no conditions shall BX or BXL be used for any type
installation.
(f) The term "fire limits," as referred to in the provisions of this article relating to electrical
work within the fire limits of the city, shall be taken to mean and include the district contained
within the fire limits as they exist at the time of the installation or performance of such electrical
work.
(J) No conductor smaller than 412 AWO shall be permitted within the city limits with the
exception of control wiring. All switch legs shall be 412 AWG or larger. All nonmetallic cable,
shall be 12/2 with ground for all power outlets, switch legs not being considered a power outlet.
No more than two outlets shall be allowed on one circuit in the folloNxing areas: breakfast rooms,
utility areas, and kitchens. Every major appliance shall be on a separate circuit. All air
conditioning compressors and air handling units to shall be on separate circuits. All receptacles
shall be the grounding type.
(h) R'""'" e all sen-iee eendueAll service conductors shall be installed in
galvanized metal conduit.
(i) All electrical wiring in buildings within the fire limits of the city shall in all cases be one of
the seven approved methods described in subsection (d)(1)--(7), inclusive, of this section.
U) a ,
ahouses,
ffeight a , stefage
` mills, , heuse
a a , ', hespitals, auditeriums, ',
apietufa shews,
and any athe
publie a a , F
aaehine shops, buildingsused fef stefifig gasoline
apfess end publishing a , a
and lufnber-sheds within the lifaits of the eity. Nefhmetaike sheathed eable-'A411 be allewed ifl
eNeluding ,
and . . .a +ti,
1721''1 r^ ^J' '�>Lu with
1 .a devices.
All electrical wiring in non-residential commercial buildings and structures, in all
cases, shall be one of the seven approved methods described in subsection (d) (1) through
(7) inclusive of this section. Methods described in subsection (d) (8) and (9) may be used in
multi-family buildings up to 3 stories in height.
(k) Switchboards, switches, panel boards, control boards and distributing centers of any and all
types shall be deadfront safety type equipment, except motor control equipment located in
machinery rooms which are safeguarded as provided for elevator control equipment.
(1) All panels and switchboards used for the control of lighting and appliance circuits in
residential and commercial buildings shall be of the multibreaker type. All switches, disconnects,
circuit breakers, load centers and multibreakers, when mounted outside and exposed to the
weather, shall be raintight and designed for outdoor service. All branch circuit panels consisting
of more than six single pole breakers shall have a main disconnect. When additional breakers are
added to an existing panel, making a total of over six single pole breakers, a main disconnect
shall be required. Also, the service conductors shall be increased in size to comply with the
additional load. All outside air conditioning compressor units shall have a weatherproof
disconnect installed on the adjacent wall at a height not less than five feet from the finished
grade. All wiring from disconnects to compressor units shall be of weatherproof-type
installations. Air conditioning contractors not having a master electrician license in the city will
not be permitted to install any wiring to air conditioning units with the exception of low voltage
wiring.
(m) Only approved copper wiring shall be installed in any building, house, or structure located
within the corporate limits of the city upon which construction is commenced on or after April 1,
1971. Other approved wiring may be used from the source of power to the point of weatherhead
location on such building, house, or structure.
(n) The installation of wirin; methods of(3). (8) and (9) shall not commence within the
exterior wall framing of a single family or multi-family building until such time that all
exterior sheathing and veneer is completely installed.
(Code 1961, § 11.01.03; Ord. of 8-12-1969, § 6; Ord. of 2-23-1971, § 1; Ord. No. 81-31, § 3, 7-
7-1981; Ord. No. 86-20, § 1, 7-15-1986; Ord. No. 91-16, § 6, 8-6-1991; Ord. No. 98-20, 9-22-
1998; Ord. No. 2002-08, 3-5-2002; Ord. No. 2005-01, 1-4-2005; Ord. No. 2006-02, 1-3-2006)
Sec. 12-126. Additional rules and regulations.
(a) All work shall be executed in a neat and workmanlike manner. Slipshod work or work not in
keeping with good electrical practice shall be classed as defective and shall be immediately
corrected by persons causing same. NE) werk shall be done undefthe seepe of this ai4iela unless
(b) All underground service conductors shall be encased in conduit where they extend up the
pole, and shall be placed on the face of the pole designated by the power company, and to the
height designated by them.
(c) When upon inspection or reinspection any sign is found to be in a dangerous or unsafe
condition and the owner or user thereof fails to place such sign in safe condition after being
notified to do so by the city building official within the time limits specified by him, the city
building official shall remove such sign at the expense of the owner or user.
(1) Signs may extend to curb line, provided the sign is a safe distance from utility wires. No
electrical sign shall at its lowest point be less than 12 feet above the sidewalk.
(2) It shall be unlawful for any person to attach any sign, device or representation used in the
nature of advertisements, announcements or direction on any electrical sign which would bring
the bottom below the minimum set forth in this article.
(3) Light reflectors for the illumination of a building or signboard shall not project more than
eight feet beyond the building line.
(d) All signs shall be connected to a separate circuit. There shall be provided one space circuit
in panel board for each raceway.
(e) An individual circuit shall be provided for in buildings where provisions are made for attic
ventilation and central heating system.
(f) Every new service, except single-family residential service, installed within the city, shall
have a service disconnecting means installed on the exterior of the building.
(a) Wiring shall not be installed in the exterior wall(s) of a residential building until all
exterior siding and veneer has been installed on the exterior wall(s)
(Code 1961, § 11.01.04; Ord. of 8-12-1969, § 7; Ord. No. 82-25, § 16, 11-2-1982; Ord. No. 86-
10, § 1, 5-6-1986; Ord. No. 86-20, § 2, 7-15-1986; Ord. No. 2002-08, 3-5-2002; Ord. No. 2006-
02, 1-3-2006)
Sec. 12-127. Application for inspection and permit.
(a) Permits required.
(1) A person commits an offense if he installs, alters or adds any electrical wiring or electrical
equipment within or to any building, structure or premises within the city without a permit
therefor.
a. The master electrician must remain on the site of work being performed at all such times that
electrical work is being performed unless at least one representative being licensed by the state
as a journeyman electrician is on the same site. The journeyman electrician must be employed by
the master electrician. On new construction of a single-family dwelling, a residential wireman
electrician licensed by the state may act as the master electrician's representative. Any person
performing electrical work without a master,journeyman or residential �wireman electrician on
site is considered in violation of this section.
b. Electrical work performed on an electrical sign must be performed by a master,journeyman
or master electrical sign eentraetef electrician. The licensed person must remain on the site at all
times during such time that electrical work is being performed.
(2) Permits shall be issued only to the following:
a. Arnv master electrician or master eleetr4eal sign electrician m.,nufactur holding a valid
license issued by the state in the city and in charge of the proposed work; or
b. Any property owner, for electrical work to be done by him, on a building occupied by him as
his home.
(b) No permit is required to execute any of the following classes of electrical work:
(1) The installation, alteration, or repair of electrical equipment for the operation of signals or
for the transmission of intelligence by wire by a communication agency.
(2) Electrical work done by anyone who is regularly employed (minimum 40 hours per week)
as or acting as a maintenance man or maintenance engineer, incidental to and in connection with
the business in which he is employed, and who does not engage in the occupation of an
electrician for the general public. e-fa-�-„' t >
r r ', —J
\.lb�lliG , , - , All electrical maintenance work and service shall be
subject to inspection. The building official shall be authorized to require maintenance work to be
permitted and performed by a master electrician when, in the building official's opinion, unusual
or specific hazards exist.
(3) The installation, alteration or repair of electrical equipment installed by or for an electrical
supply agency for the use of such agency in the generation, transmission and distribution of
electricity.
(c) Master electricians and 't�ieal master sign n,. nun e4tr-e electricians shall have the
privilege of making minor repairs or alterations, where material and labor does not exceed
$300.00, without first securing a permit, subject to the approval of the building official.
(d) Application for such inspections and permit describing the work to be done shall be made in
writing, accompanied by plans and specifications when required, and submitted to the city
building official by the master electrician of eleet.ieal si�,ll a.,.aufaee electrical contractor,
master sign electrician, electrical contractor, or electrical sign contractor responsible for the
work. Upon approval of submitted documents, the master electrician or master sign
electrician will be responsible to obtain the necessary permit The electrician shall be
responsible for notifying the city building official when an inspection is desired.
(e) On all applications where plans and specifications require installation above the minimum
standards, as set forth in this Code, the plans and specifications shall accompany the application
for permit. No deviation may be made from such plans and specifications without the written
approval of the owner, architect or engineer of record. On all applications where plans and
specifications do not meet the minimum requirements as set forth in this Code, the master
electrician, licensed architect or engineer shall alter accordingly, before permits shall be granted.
(f) All applications for inspections shall be accompanied by inspection fees as established by
ordinance from time to time.
(g) Master electricians and electrical sign contractors shall at all times keep the city building
official notified of the progress of their work and shall request inspections as the work
progresses. Upon receipt of an application requesting inspection, the city building official shall
i
inspect or cause to be inspected said work within 48 hours after receiving applications. Sundays
and holidays are not included in this time. After inspecting the electrical wiring covered by an
application obtained by the master electrician, the city ata`��m inspector shall leave a to a
report which shall state that the work has been inspected and approved or that it is not approved
and must be held open for correction. The mast8r- e1eEtr-ieiafl iSb ti f a if t ,-
held epen f r- eeffeetien and fie No person, including the master electrician, general contractor
or his representative, shall lath, Feil cover or in any manner conceal any wiring until they are
informed that such wiring has been approved by the city building official.
(h) The master electrician and electrical sign contractor shall have electrical work installed by
him inspected before such work is covered or concealed. All cabinets and panel board covers or
trims shall be left off for final inspection, and any fitting or cover that conceals any wiring which
may hinder the proper inspection of electrical work shall be removed by the master electrician.
(i) 'N'laster electricians and electrical sign contractors making extensions or additions to existing
electrical systems shall, before proceeding with such work, ascertain from the city building
official whether any of the old work must be changed or must be brought up to the requirements
of this article.
(j) Upon completion and receipt of final inspection papers covering electrical work, the city
building official shall make a final inspection, and if such work is found to comply with this
article, a eet4ifieata report of inspection shall be issued stating that the work has been done
according to the provisions of this article and the rules governing the respective class to which it
belongs.
(k) The eertifieata report referred to in subsection 0) of this section shall not relieve the master
electrician or electrical sign contractor of his responsibility for any defective work that may have
been concealed or escaped the notice of the inspector.
(1) It shall be unlawful for any public service company operating in the city to furnish current to
any new building, tent, structure or outdoor wiring of any kind, nature or description without first
obtaining a clearance from the city building official, stating that such wiring is approved and a
permit has been issued for the use of current. Whenever any service is discontinued to any
building structure for any cause whatever(excepting nonpayment of bill) a clearance will be
necessary before each building or structure can be reconnected. Any time a building is vacated,
the city building official must make certain that there have not been any unauthorized additions
made to the wiring of such building that might create a fire hazard, or that the wiring has not
become in such a condition as to be hazardous.
(m) Whenever any electrical conductor or electrical material in or on any building or any
electrical conductor on any pole line or any conductor underground becomes, or is in a condition
that is dangerous to life or property, the city building official is hereby empowered to condemn,
disconnect and cause the owner of such conductor or material to immediately correct the same or
have it removed.
(Code 1961, § 11.01.05; Ord. of 8-12-1969, § 8; Ord. No. 82-25, § 1.7, 11-2-1982; Ord. No.
2002-08, 3-5-2002; Ord. No. 2005-01, 1-4-2005; Ord. No. 2006-02, 1-3-2006)
Sec. 12-128. Fees for inspection.
(a) Fees for rouvhing in work, replacement of service entrance equipment, and motor
generation shall be as established by ordinance from time to time.
(b) Fees for the follo,ving miscellaneous items and services shall be as established by ordinance
from time to time:
(1) Electric welders.
(2) Electric ranges.
(3) Motion picture projectors.
(4) Sign and outline lighting, per circuit.
(5) Temporary service.
(6) Repairs and alterations.
(7) Reinspections.
(8) Additional meters.
(c) Additional trips. In case the city building official is required to make more than one trip
from his office for the purpose of inspecting any work on account of violation of rules, wrong
address or any other irregularities caused by the master electrician or his agent, a charge as
established by ordinance from time to time shall be made for each additional trip.
(Code 1961, § 11.01.06; Ord. of 8-12-1969, § 9; Ord. No. 77-14, 5-5-1977; Ord. No. 82-25, § 22,
11-2-1982)
Sec. 12-129. Prerequisites to engaging in electrical work; licenses.
(a) Every person before engaging in the business of doing work of installing, repairing or
removal of electrical wiring and equipment shall comply with each and every provision of this
article, except as otherwise provided.
(b) Secure an appropriate license as required by the state V.T.C.A., Occupations Code §
1305.151 and administered by the state department of licensing and regulation.
(c) Register annually with the city as a master,journeyman, master sign, or maintenance
electrician.
(d) The registration fees for persons holding the following types of licenses shall be as
established by ordinance from time to time:
(1) Master's license.
(2) Journeyman's license.
(3') Maintenaiiee eleetr-ieian'slieense. Residential Wireman's license
(4) Master sign electrician's license.
(5) Journevman Sian Electrician's license
(6) Residential Appliance Installer's license
(Code 1961, § 11.01.07; Ord. of 8-12-1969, § 10; Ord. No. 82-25, § 18, 11-2-1982; Ord. No.
2002-08, 3-5-2002; Ord. No. 2005-01, 1-4-2005; Ord. No. 2005-02, 1-4-2005; Ord. No. 2006-02,
1-3-2006)
Sec. 12-130. Penalties.
Any person who shall violate any of the provisions of this article, or who shall fail to comply
with same, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a
fine not exceeding $2,000.00.
(Code 1961, § 11.01.09; Ord. of 8-12-1969, § 12; Ord. of 2-23-1971, § 2)
Sec. 12-131. Liability for damages.
This article shall not be construed to affect the responsibility or liability of any party owning,
operating, controlling or installing any electrical equipment, for damages to persons or to
property caused by any defect therein, nor shall the city or any officer or employee of such city
be held as assuming such liability by reason of the inspection or reinspection authorized herein,
or the certificate or disapproval of any equipment authorized herein.
(Code 1961, § 11.01.10; Ord. of 8-12-1969, § 13)
Sec. 12-132. Double fees in certain cases.
All electrical permit, inspection, fixture and appliance fees shall apply except that if any person
shall make application for permit as provided herein, after the work has been started or after the
work has been partially completed or concealed, such person shall pay double the fee which
would ordinarily be required. These double fees shall be paid by the person to whom the permit
is issued under the terms and provisions of this article.
(Code 1961, § 11,01.1 l; Ord. of 8-12-1969, §
,Q
HEALTH
Sec. 14-19. Food handler identification card.
(a) An individual desiring to work in an establishment as a food handler must obtain a food
handler identification card from the health authority within 30 days from the date of the
individual's employment.
(b) To obtain a food handler identification card, an individual must apply on a form furnished
by the health authority and as a part of the application must:
(1) State the individual's name, address, sex and date of birth;
(2) Pay a fee as established by ordinance from time to time;
(3) Sign the application; and
(4) Show proof by a certificate and from an approved a teaching agency and food handler's
course approved by the Department of State Health Services that the individual has
(c) After an applicant complies with subsection(b)of this section,the individual shall be issued
a food handlers' cardinstraetion, he must sueeessfully pass an examinatien on the matters eover-ed in the.
effleer-en the saaitwy handling of feed and on the swHtes and or-dinanees r-elating to feed
.
(e)(d) The health authority shall issue to each individual who passes the examinatie completes
an approved course given de ubseetien (d) of this see a food handler's identification
card to expire three years from the date on which it was issued.
O U The A food handler identification card :ablewill be issued for a successive three-
year period for an individual who pays a fee, as established by ordinance from time to time, for
the food handler identification card and completes a refresher course approved by the health
authority. -Department of State Health Services.
(g)The health auther-ity shall issue a pefmanent idei4ifieatien eafd te eaeh individual Whe pays
fee, as established by erdiwmee ffem fifne te fiffle, for-the feed handler-iden4ifieafiea effd and
eempletes a subsequent eeufse, after-the individtial's thfee year-r-enewal, approved by the he
atAefity.
(fir)M An individual who has misplaced a current valid food handler identification card may
obtain a replacement from the health authority for a fee, as established by ordinance from time to
time.
(i) W The food handler identification card shall be posted in the establishment where the
individual is employed in a place which is easily accessible to the health authority.
@(h) The owner or manager of an establishment shall return the food handler identification
card to the individual upon termination of employment. If the terminated employee does not
obtain the food handler card within 30 days of termination of employment, the owner or
manager shall be responsible to return the food handler card to the City of Huntsville
Health Inspector.
(k)0) A copy of this section shall be posted where it is easily available for employees to read.
(Code 1961, § 13.01.01; Ord.No. 79-1, 1-23-1979; Ord.No. 79-8, 5-15-1979; Ord. No. 83-15, §
3, 4-19-1983; Ord. No. 91-29, § 2, 11-12-1991; Ord. No. 97-36, 11-25-1997; Ord.No. 2000-20,
9-26-2000)
Sec. 14-20. Schedule of permit fees.
f
(a) Fees, as established by ordinance from time to time, shall be assessed for the following food
service activities:
(1) Restaurant, per year.
(2) Grocery,per year.
(3) Day care, per year.
(4) Mobile unit operation from base store, per year.
(5) Itinerant restaurant, per 15 days.
(6) Nonprofit organizations,per year.
(7) Bars (drinks only).
(8) Public schools.
(b) Itinerant restaurants which operate for three days or less must be registered with the health
inspector prior to constructing and operating such establishment.
(c) Itinerant restaurants which operate for more than three days or operate for three or less days
more than once during a three-month period must obtain a health permit and food handlers' card.
(Code 1961, § 13.01.02; Ord.No. 83-15, 4-19-1983; Ord.No. 91-29, 11-12-1991; Ord. No. 97-
16, 4-29-1997; Ord. No. 2000-20, 9-26-2000)
Sec. 14-21. Failure to obtain a permit.
(a) A person commits an offense if he commences any food service
establishment business without a city permit or registration.
(b) When a food service establishment business is commenced before a
permit is obtained,the permit fees shall be doubled.
(Code 1961, § 13.01.03; Ord.No. 83-15, 4-19-1983; Ord.No. 97-16, 4-29-1997)
Secs. 14-22--14-45. Reserved.
DIVISION 2. FOOD SERVICE ESTABLISHMENTS
Sec. 14-46. Adoption of Texas Food Establishment Rules.
(a) Adoption by reference. The city adopts by reference the provisions of the current rules or
rules as amended by the state board of health found in 25 Tex. Admin. Code §§ 229.161--
229.171 and 229.173--229.175,regarding the regulation of food establishments in this
jurisdiction.
(b) Definitions. The following words,terms and phrases,when used in this division, shall have
the meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Authorized agent or employee means the employees and/or officers of the regulatory authority.
Food establishment means a food service establishment, a retail food store, a mobile food unit,
and/or roadside food vendor.
Regulatory authority means the City of Huntsville,Texas.
State rules means the state rules found at 25 Tex. Admin. Code §§ 229.161--229.171 and
229.173--229.175. The state rules are also known as the Texas Food Establishment Rules.
(Code 1961, § 13.02.01; Ord. No. 2000-20, 9-26-2000)
Sec. 14-47. Permits and exemptions.
(a) A person may not operate a food establishment without a permit issued by the regulatory
authority. Permits are not transferable from one person to another or from one location to another
i
location,except as otherwise permitted by this division. A valid permit must be posted in or on
every food establishment regulated by this division.
(b) A food establishment operated solely by a nonprofit organization is exempt from the
permitting requirements of this division, but is not exempt from compliance with state rules. The
regulatory authority may require any information necessary to determine whether an
organization is nonprofit for purposes of this exemption.
(Code 1961, § 13.02.02; Ord.No. 2000-20, 9-26-2000)
Sec. 14-48. Application for permit and fees.
(a) Any person desiring to operate a food establishment must make a written application for a
permit on forms provided by the city. The application must contain the name and address of each
applicant,the location and type of the proposed food establishment and the applicable fee. An
incomplete application will not be accepted. Failure to provide all required information, or
falsifying information required, may result in denial or revocation of the permit. Renewals of
permits are required on an annual basis and the same information is required for a renewal permit
as for an initial permit.
(b) Prior to the approval of an initial permit or the renewal of an existing permit,the city shall
inspect the proposed food establishment to determine compliance with state laws and rules. A
food establishment that does not comply with state laws and rules will be denied a permit or the
renewal of a permit.
(c) The fees as set out in section 14-20 apply to permits issued under this division.
(Code 1961, § 13.02.03; Ord. No. 2000-20, 9-26-2000)
Sec. 14-49. Review of plans.
(a) Whenever a food establishment is constructed or extensively remodeled and whenever an
existing structure is converted to use as a food establishment, properly prepared plans and
specifications for such construction, remodeling or conversion shall be submitted to the city for
review before work is begun. Extensive remodeling means that 20 percent or greater of the area
of the food establishment is to be remodeled. The plans and specifications shall indicate the
proposed layout, equipment arrangement, mechanical plans and construction of materials of
work areas, and the type and model of proposed fixed equipment and facilities. The plans and
specifications will be approved b the city if they meet the requirements of the rules adopted by
P pp Y q
this division. The approved plans and specifications must be followed in construction,
remodeling or conversion.
(b) Failure to follow the approved plans and specifications will result in a permit denial,
suspension, or revocation.
(c) Upon submittal of the plans, a plan review and pre-opening inspection fee as established by
ordinance from time to time shall be paid. Whenever the submittal of plans is found to be
unnecessary by the health inspector,the fee shall be paid prior to the pre-opening inspection.
(Code 1961, § 13.02.04; Ord. No. 2000-20, 9-26-2000; Ord.No. 2005-20, 9-20-2005)
Sec. 14-50. Suspension of permit.
(a) The regulatory authority may,without warning, notice, or hearing, suspend any permit to
operate a food establishment if the operation of the food establishment constitutes an imminent
hazard to public health. Suspension is effective upon service of the notice required by subsection
(b) of this section. When a permit is suspended, food operations shall immediately cease.
w'
(b) Whenever a permit is suspended,the holder of the permit or the person in charge shall be
notified in writing that the permit is, upon service of the notice, immediately suspended and that
an opportunity for a hearing will be provided if a written request for a hearing is filed with the
regulatory authority by the holder of the permit within ten days. If a request for hearing is
submitted to the regulatory authority,the hearing shall be held within 20 days of the receipt of
the request. If no written request for hearing is filed within ten days,the suspension is sustained.
The regulatory authority may terminate the suspension at any time if reasons for the suspension
no longer exist.
(c) When an annual inspection report indicates a number score of 20 or above, a reinspection
fee as established by ordinance from time to time must be paid prior to a reinspection being
performed.
(Code 1961, § 13.02.05; Ord. No. 2000-20, 9-26-2000; Ord. No. 2005-20, 9-20-2005)
Sec. 14-51. Revocation of permit.
The city may, after providing opportunity for a hearing,revoke a permit for serious or repeated
violations of any of the requirements of the state rules or for interference with the city in the
performance of its duties. Prior to revocation, written notice shall be given to the holder of the
permit and such holder shall be entitled to a hearing in accordance with the provisions contained
in section 14-50(b). If no request for hearing is filed,the revocation of the permit becomes final.
(Code 1961, § 13.02.06; Ord. No. 2000-20, 9-26-2000)
Sec. 14-52. Administrative process.
(a) A notice as required in this division is properly served when it is delivered to the holder of
the permit or the person in charge, or when it is sent by registered or certified mail, return receipt
requested,to the last known address of the holder of the permit. A copy of the notice shall be
filed in the records of the city.
(b) The hearings provided for in this division shall be conducted by the city at a time and place
designated by it. Based upon the recorded evidence of such hearing,the regulatory authority
shall make final findings, and shall sustain, modify or rescind any notice or order considered in
the hearing. A written report of the hearing decisions shall be furnished to the holder of the
permit by the regulatory authority. The regulatory authority shall appoint an authorized agent or
employee to conduct the hearing.
(Code 1961, § 13.02.07; Ord.No. 2000-20, 9-26-2000)
Sec. 14-53. Penalties and remedies.
(a) Any person who violates a provision of the state rules or this division and any person who is
the permit holder of or otherwise operates a food establishment that does not comply with the
requirements of the state rules and any responsible officer or employee of that permit holder or
those persons shall be punished by a fine not exceeding$2,000.00. Each day a violation of the
state rules or this division shall continue shall constitute a separate offense.
(b) The city may seek to enjoin violations of the state rules or civil penalties for violations of
the state rules in a court.
(Code 1961, § 13.02.08; Ord
HEALTH AND SANITATION
Sec. 22-1. Duty of owners and occupants to keep premises in sanitary condition.
(a) The owner and the occupant of any lot, or residence, storehouse or other building within the
city shall keep his premises in a proper sanitary and clean condition.
(b) In the event such owner or occupant fails or refuses to comply with this section, it shall be
the duty of the ehia�of peliet Building Official to notify such owner or occupant, in writing, to
remove any offensive matter or unwholesome substance from the premises. Should the owner or
occupant fail or refuse to comply with such notice within three days from the date thereof, the
owner or occupant shall be deemed guilty of a misdemeanor.
(Code 1961, § 17.01.01; Ord. of 2-5-1989)
Sec. 22-2. Litter reward.
There is hereby fixed and authorized payment of a cash amount as established by ordinance from
time to time for the arrest and conviction of any persons found guilty of committing the crime of
littering (V.T.C.A., Health and Safety Code ch. 365) or unauthorized use of sanitation containers
(section 38-11), at any place within the corporate limits of the city; said reward, however, shall
not apply to any officer or employee of the city, county or state, who makes such arrest or report
in the discharge of his official duties.
(Code 1961, § 17.01.02; Ord. No. 85-4, § 1, 1-15-1985)
Secs. 22-3--22-64. Reserved.
I
I
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Sec. 22-65. Holes or depressions in lots where stagnant water may accumulate
prohibited.
It shall be unlawful for any person who shall own or occupy any lot in the city to permit or
allow holes, swimming pools or places on said lots where water may accumulate and become
stagnant, or to permit same to remain.
(Code 1961, § 17.03.01; Ord. of 7-2-1963, § 1)
Sec. 22-66. Accumulation of stagnant water on lots prohibited.
It shall be unlawful for any person who shall own or occupy any lot in the city to permit or
allow the accumulation of stagnant water thereon, or to permit same to remain.
(Code 1961, § 17.03.02; Ord. of 7-2-1963, § 2)
Sec. 22-67. Accumulation of carrion, filth, etc., on property prohibited.
It shall be unlawful for any person ratien who shall own or occupy any house, building,
establishment, lot or yard in the city to permit or allow any carrion, filth or other impure or
unwholesome matter to accumulate or remain thereon.
(Code 1961, § 17.03.03; Ord. of 7-2-1963, § 3)
Sec. 22-68. Weeds, rubbish, brush, etc., prohibited on lots.
It shall be unlawful for any person who shall own or occupy any lot in the city to allow
weeds, rubbish, brush or any other uRsigktly; objectionable or unsanitary matter to accumulate
or grow on said lot.
(Code 1961, § 17.03.04; Ord. of 7-2-1963, § 4)
Sec. 22-69. Procedure when owner refuses to remove objectionable or unsanitary
matter from lots; notice; removal by city; expenses paid by owner.
Should any owner or occupantluser of such lots that have places thereon where
stagnant water may accumulate and which are not properly drained, or the owner of any
premises or building upon which carrion, filth or other impure or unwholesome matter may be,
fail and refuse to drain and fill said lots, or remove such filth, carrion or other impure or
unwholesome matter, as the case may be, within seven days after notice to said owner to do so,
in writing, or by letter addressed to such owner at his post office address or otherwise in
accordance with notice required under V.T.C.A., Health and Safety Code § 342.006, within
seven days after notice by publication within ten consecutive days in any newspaper in the city,
if personal service may not be had as aforesaid, or if the owner's address be not known, then in
that event, the city may do such filling or draining or removal of filth, carrion, etc., or any other
unsightly, objectionable or unsanitary matter, or cause the same to be done and may pay
therefor and charge the expenses incurred in doing such work or having such work done or
improvements made to the owner of such lots or real estate, and if such work is done or
improvements made at the expense of the city, then such expense shall be assessed on the
real estate or lots upon which such expense was incurred.
(Code 1961, § 17.03.05; Ord. of 7-2-1963, § 5)
State law references: Work or improvements by municipality, notice, V.T.C.A., Health and
Safety Code § 342.006.
Sec. 22-70. Action to be taken by city when lot owner fails to remove
objectionable matter after notice.
Should any owner of any lot within the city, who shall allow weeds, rubbish, brush or any
other unsightly; objectionable or unsanitary matter or grow or accumulate thereon, fail and
refuse to cut down and remove such weeds, rubbish, brush or other unsightly, objectionable or
unsanitary matter, as the case may be, within seven days after notice to said owner to do so, in
writing, otherwise in accordance with V.T.C.A., Health and Safety Code § 342.006 or by letter
addressed to such owner at his post office address, or within seven days after notice by
publication in any newspaper in the city, the city may do such cutting down and removing such
weeds, rubbish, brush or any other unsightly; objectionable or unsanitary matter, or cause the
same to be done and may pay therefor, and charge the expenses incurred in doing such work
or having such work done or improvements made to the owner of such lot or real estate; and, if
such work is done or improvements made at the expense of the city, then such expense shall
be assessed on the real estate or lot upon which such expense was incurred.
(Code 1961, § 17.03.06; Ord. of 7-2-1963, § 6)
Sec. 22-71. Statement of expenses incurred in cleaning lots to be filed; lien upon
realty; priority of lien and interest; foreclosure of lien.
The building official shall file a statement of expenses
incurred under section 22-69 or under section 22-70, as the case may be, giving the amount of
such expenses, the date on which said work was done or improvements made, with the county
clerk, and the city shall have a privileged lien on such lot or real estate upon which said work
was done or improvements made to secure the expenditures so made, in accordance with the
provisions of V.C.T.A., Health and Safety Code ch. 342, which said lien shall be second only to
tax liens and liens for street improvements; and said amount shall bear ten percent interest from
the date said statement was filed. It is further provided that for any such expenditures, and
interest, as aforesaid, suit may be instituted and recovery and foreclosure of said lien may be
had in the name of the city; and the statement of expenses so made, as aforesaid, or a certified
copy thereof, shall be prima facie proof of the amount expended for such work or improvements.
(Code 1961, § 17.03.07; Ord. of 7-2-1963, § 7)
State law references: Municipal assessment for incurred expenses, lien, V.T.C.A., Health
and Safety Code § 342.007.
Sec. 22-72. Penalty for violation of article provisions; corporate liability.
Any person who shall violate any of the provisions of this article shall be guilty of a
misdemeanor and, upon conviction, shall be fined in any sum not exceeding $2,000.00 and
each and every day's violation shall constitute a separate and distinct offense. In case the
owner or occupant of any lot or premises under the provisions of this article shall be a
corporation, and shall violate any provision of this article, the president, vice-president,
secretary, or treasurer of such corporation, or any manager, agent or employee of such
corporation, shall be also severally liable for the penalties herein provided.
(Code 1961, § 17.03.08; Ord. of 7-2-1963, § 8)
Secs. 22-73--22-104. Reserved.
FIRE
Sec. 20-1. international Fire Code--Adopted.
The book entitled, "International Fire Code, 29CC 2009 Edition," a copy of which,
authenticated by the signatures of the mayor and the city secretary, and is on file in the city
secretary's office, is hereby adopted as the fire prevention code of the city as fully as if copied at
length in this chapter, and the provisions thereof shall be controlling in the storage, use or
handling of hazardous materials, substances or devices, and in the repair, equipment, use,
occupancy, and maintenance of every existing building or structure within the city.
(Code 1961, § 12.01.01; Ord. of 10-3-1961; Ord. No. 76-2, 1-13-1976, Ord. No. 86-21, 7-15-
1986; Ord. No. 92-07, 4-7-1992; Ord. No. 98-20, 9-22-1998; Ord. No. 2002-08, 3-5-2002)
Sec. 20-2. Same--Amendments.
The following provisions of the International Fire Code are adopted, amended or
modified for purposes of administration of the Code in the city:
(1) S9GtiGR 109 is deleted Section 108 is changed in its entirety to read: In order to have
an appeal to any order, decision or determinations made by the Fire Official, Section 113
of the International Building Code 2009 edition shall be followed
(2) Sections 103.1 through 103.3, Administration, are deleted.
(3) Section 307 307.6 is added to read-
307. . 307.6 Open flame cooking devices shall be prohibited on balconies of multiple-
family dwellings and single-family rental dwellings of two or more stories in height and shall be
prohibited within ten feet of the building of multiple-family dwellings or single-family rental
dwellings regardless of number of stories in height.
(4) Section 503.3 is hereby amended to read:
503.3 Marking. Where required by the code official, approved signs installed in
accordance with "appendix D" of this code or permanent striping painted on the curb or edge of
the paved access shall be provided for fire apparatus access roads to identify such roads or
prohibit the obstruction thereof. Signs or striping shall be maintained in a clean and legible
d or repaired when necessary to provide adequate visibility.
condition at all times and be replace p ry p q
Striping shall be of red paint applied the full length on each side of the fire access road and shall
be marked at each end and at least every 20 feet with white paint stating "no parking fire lane
tow away."
5 Appendix D, Fire Apparatus Access Roads, is adopted.
(6) Section 105 is deleted
(7) Section 113 is deleted
(Code 1961, § 12.01.02; Ord. No. 86-21, 7-15-1986; Ord. No. 95-06, 2-14-1995; Ord. No. 98-20,
9-22-1998; Ord. No. 2002-08, 3-5-2002; Ord. No. 2004-07, 3-23-2004; Ord. No. 2006-02, 1-3-
2006)
Sec. 20-3. BUFniA9 of tFash and Fefuse Outdoor Burning; when permit required;
duties of fire marshal; fees; penalty for violation.
(a) It shall hereafter be unlawful for any person to burn any WGGGI tFeec brush, tr., h Fef se
unprocessed natural vegetation within the corporate
limits of the city unless such person first obtains a residential burning permit (the "burn permit")
from the fire marshal. Such unprocessed natural material shall include limbs, brush, and
grass clippings and shall not include materials such as and including garbage, dead
animals, asphalt, petroleum products, paints, plastics, paper, cardboard, treated lumber,
constructionldemolition debris or any product that emits toxic emissions, dense smoke
i
or obnoxious odors. Even if a burn permit is issued for burning, no burning will be allowed
during any period in which a determination has been made by the county judge that burning
within the county poses an imminent safety risk or threatens the health and welfare of the
citizens or by the fire chief that burning within the city poses an imminent safety risk or threatens
the health and welfare of the citizens of the city (commonly referred to as a "burn ban"). Any
burn permit for burning shall be suspended during any period in which a burn ban is in effect,
and it shall be unlawful for any person to burn weed,trees, bru6h, refuse, garcbage GF etheF
GOMIDUSItible mateFial any unprocessed natural vegetation within the corporate limits of the
city during any period in which a burn ban is in effect.
(b) The following regulations will apply with regard to burning pursuant to a burn permit issued
by the fire marshal:
(1) Burning on property used for residential purposes shall be within an incinerator, receptacle
or other suitable container capable of confining such burning therein and/or under such
conditions approved by the fire marshal and incorporated within the burn permit.
(2) Burning on property as part of a landclearing operation will be pursuant to a burn permit
authorizing the burning to be done by trench burning under the conditions set out in 30 Tex.
Admin. Code § 106.496, as amended from time to time. A copy of which may be obtained from
the fire marshal, the diractor of planning and development or.the city secretary. The term
"landclearing operation" means the uprooting, cutting, or clearing of vegetation in connection
with conversion for the construction of buildings, rights-of-way, residential, commercial, or
industrial development, or the clearing of vegetation to enhance property value, access or
production. The term "landclearing operation" does not include burning pursuant to subsection
(b)(1) of this section. The issuance of a burn permit for trench burning is a discretionary function
by the fire marshal and the fire marshal may refuse to issue the permit because of health, safety
or ecological reasons.
(3) Any additional regulations or requirements stated in the city burn permit.
(4) It shall be unlawful for any person to burn combustible material in a manner inconsistent or
contrary to the conditions and regulations contained in the burn permit.
(c) Any person violating the terms of this chapter shall, upon conviction, be deemed guilty of a
class C misdemeanor and, upon conviction, shall be punished as provided in section 1-11.
$0.010i
(Code 1961, § 12.01.03; Ord. No. 75-2, § 1, 2-25-1975; Ord. No. 77-1, 1-26-1977; Ord. No.
2001-02, 1-9-2001; Ord. No. 2001-29, 11-13-2001; Ord. No. 2006-02, 1-3-2006)
Secs. 20-4--20-24. Reserved.
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Sec. 20-55. inspection of mercantile, manufacturing and public buildings.
It shall be the duty of the fire marshal to enter upon and make, or
to cause to be entered upon and made, annually or more often a thorough examination of all
business mercantile, manufacturing and public buildings, together with the premises belonging
thereto. The city building official and fire marshal shall be responsible for the enforcement of the
fire code of the city in each instance where such code calls for action by the fire marshal, fire
chief in the adopting ordinance for such fire code.
(Code 1961, § 12.03.01- Ord. No. 92-07, 4-7-1992)
Sec. 20-56.�. Ordering removal or repair of dangerous buildings, accumulations,
etc.; appeal.
Whenever the city building official or fire marshal finds any building or other structure
which, for want of repair or by reason of age or dilapidated condition or for any cause, is
specially liable to fire, and which is so situated as to endanger other buildings or property or so
situated that fire would endanger persons or property therein, and whenever he shall find an
in1proper or dangerous arrangement of stoves, ranges, furnaces or other heating apparatus of
any kind, including chimneys, flues and pipes with which the same may be connected, or a
dangerous arrangement of lighting devices or systems or a dangerous or unlawful storage of
explosives, compounds, petroleum, gasoline, kerosene, chemicals, vegetable products, ashes
or combustible, inflammable and refuse materials, or other conditions which may be dangerous
in character or liable to cause or promote fire or create conditions dangerous to firemen or
occupants, he shall order the same to be removed or remedied, and such order shall be
forthwith complied with by the owner or occupant of such building or premises. If the owner or
occupant deems himself aggrieved by such order, he may, within five days, appeal to the
eGGUpant. The Board of Adiustments and Appeals.
(Code 1961, § 12.03.02; Ord. No. 92-07, 4-7-1992)
Sec. 20-57. Flight of entry.
The city building official and fire marshal, each separately, shall have the authority, at all
times of day or night, when necessary in the performance of the duties imposed upon him by
the provisions of this chapter, to enter upon and examine any building or premises where any
fire has occurred and other building or premises adjoining or near the same, which authority
shall be exercised only with reason and good discretion.
(Code 1961, § 12.03.03; Ord. No. 92-07, 4-7-1992)
Sec. 20-58. 'Warrants.
For the purpose of search warrants issued under Vernon's Ann. C.C.P. art. 18.05, the
city building official shall be the code enforcement officer for the city.
(Code 1961, § 12.03.04; Ord. No. 92-07, 4-7-1992)