ORD 2006-02 - Title 9, 11 and 12 Adopt Update Editions of Code 01-03-2006ORDINANCE NO. 2006 -02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AMENDING TITLE 9, BUILDING AND BUILDING REGULATIONS, TITLE 11,
ELECTRICITY AND TITLE 12, FIRE PREVENTION AND PROTECTION, OF THE
CODE OF ORDINANCES BY ADOPTING UPDATED EDITIONS OF THE 2003
EDITIONS OF THE INTERNATIONAL CODES AND THE 2005 EDITION OF THE
NATIONAL ELECTRICAL CODE; REQUIRING THE PUBLICATION OF THIS
ORDINANCE; PROVIDING A PENALTY; AND MAKING OTHER FINDINGS AND
PROVISIONS RELATED THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
SECTION 1: Title 9, Building and Building Regulations of the Code of Ordinances of the City of
Huntsville, Texas, is hereby amended as shown on Exhibit "A ".
SECTION 2: Title 11, Electricity of the Code of Ordinances of the City of Huntsville, Texas, is hereby
amended as shown on Exhibit "B ".
SECTION 3: Title 12, Fire Prevention and Protection of the Code of Ordinances of the City of
Huntsville, Texas, is hereby amended as shown on Exhibit "C ".
SECTION 4: Any person, firm or corporation violating any provision of this ordinance or failing to
comply with any requirement of the ordinance will be guilty of a misdemeanor and subject
to a fine of up to five hundred ($500.00) dollars upon conviction. Each day during or
upon which a person shall violate or continue violation of any provision of this ordinance
shall constitute a distinct and separate offense. The violation of any provision of the
ordinance or the failure to comply with any requirement of this ordinance shall each
constitute a distinct and separate offense. Texas Local Government Code § 53.001 and §
54.001.
SECTION 5: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect any of the remaining provisions
of this ordinance.
SECTION 6: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
SECTION 7: This ordinance shall take effect ten (10) days after its passage by the City Council. The
City Secretary shall publish the caption of this ordinance in the official City newspaper at
least twice within ten (10) days of its passage. Texas Local Government Code § 52.013.
PASSED AND APPROVED THIS 3rd DAY OF JANUARY 2006.
E Cl- KYADVAMTSVILLE
J. Turner, Mayor
ATTEST:
Danna Welter, City Secretary
APPROVED AS TO FORM: �' 0 / ejvvyo J&
'w v Thomas A. L r, ty Attorney
Huntsville, TX Municipal Code
Title 9
BUILDINGS AND BUILDING REGULATIONS*
Parts:
9.01 IN GENERAL
9.02 BUILDING CODES
9.03 DEMOLITION OR REPAIR OF DILAPIDATED OR SUBSTANDARD
BUILDINGS*
9.04 TRENCH CONSTRUCTION
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Part 9.01
IN GENERAL
Sections:
9.01.01 Title Construction.
Section 9.01.01 Title Construction.
*Editor's note - -Prior to amendment by Ord. No. 80 -77, enacted Dec. 23, 1980, and Ord. No. 81 -31,
enacted July 7, 1981, prior code Ch. 6 [Title 9] was derived from Ord. of Feb. 23, 1971; Ord. of April 11,
1972; Ord. of Sept. 12, 1972; Ord. No. 74 -2, adopted March 26, 1974; Ord. No. 75 -1, adopted Jan. 28,
1975; Ord. No. 75 -10, adopted July 8, 1975; Ord. No. 77 -6, adopted May 10, 1977; and Ord. No. 77 -14,
adopted July 5, 1977.
Cross reference(s) -- Electricity, Title 11; fire prevention and protection, Title 12; use of refuse for land
reclamation, § 14.01.05; duty of owners to keep buildings in sanitary condition, § 17.01.01; rodent control
in buildings, § 17.02.01, et seq.; street excavation and alterations, 25.03.01, et seq.; water and sewers,
Title 30.
State law reference(s) -- Authority of city as to buildings in aid of fire prevention, Texas Local Gov't Code
ch. 342.
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Part 9.02
BUILDING CODES
Sections:
9.02.01 Codes adopted by reference.
9.02.02 International building code.
9.02.03 International property maintenance code
9.02.04 Appendix J International building code - grading.
9.02.05 International residential building code, appendix g swimming pool, spas and hot
tubs..
9.02.06 International mechanical code.
9.02.07 International plumbing code.
9.02.08 International gas code.
9.02.09 International residential code.
9.02.10 Building permit required.
9.02.11 Reserved.
Section 9.02.01 Codes adopted by reference.
A. The book entitled "International Building Code, 2003 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
chapter, and the provisions thereof shall be controlling in the construction of all buildings and other
structures within the corporate limits of the city.
B. The book entitled "International Property Maintenance Code, 2003 Edition" (a copy of which,
authenticated by the signatures of the mayor and city secretary, and made a public record by this section,
is on file in the city secretary's office) is hereby adopted as the housing code of the city as fully as if
copied at length in this chapter, and the provisions thereof shall establish the minimum standards for
occupancy of buildings.
C. The book entitled "International Energy Code, 2003 Edition" (a copy of which, authenticated by the
signatures of the mayor and city secretary, and made a public record by this section, is on file in the city
secretary's office) is hereby adopted as the swimming pool code of the city as fully as if copied at length
in this chapter, and the provisions thereof shall establish the minimum standards for the design,
construction or installation, repair or alterations of swimming pools.
D. The book entitled "International Mechanical Code, 2003 Edition" (a copy of which, authenticated by
the signatures of the mayor and city secretary, and made a public record by this section, is on file in the
city secretary's office) is hereby adopted as the mechanical code of the city as fully as if copied at length
in this chapter, and the provisions thereof shall establish the minimum standards for the design,
construction or installation, repair or alterations of mechanical systems.
E. The book entitled "International Plumbing Code, 2003 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 chapter, and the provisions thereof shall establish the minimum standards for plumbing work in the
city.
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F. The book entitled "International Gas Code, 2003 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
chapter, 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, 2003 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 residential code of the city as fully as if it was copied at
length in this chapter, and the provisions thereof shall establish the minimum standards for residential
work in the city.
(Ord. No. 81 -31, § 1, 7 -7 -81; Ord. No. 82 -25, § 1, 11 -2 -82; Ord. No. 86 -19, § 1, 7- 15 -86; Ord. No. 87 -39,
§ 1, 12 -8 -87; Ord. No. 87 -40, § 1, 12 -8 -87; Ord. No. 91 -16, § 1, 8 -6 -91)
(2002 -08, Amended, 03/05/2002; 97 -35, Amended, 11/25/1997)
Section 9.02.02 International building code.
1. Section 101.2 exception (2) — delete section 101.2 exception (2)
2. 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. Section 3406.1 is hereby amended to read:
3406.1 -- 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:
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 Part 9.03 of the Code of Ordinances of the City of
Huntsville, Texas.
4. Section 115 is amended to read:
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115 -- 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 Part 9.03 of
the Code of Ordinances of the City of Huntsville, Texas.
5. 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.
105.2 delete (1) (4) (5) (8) (10) (13) - 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 therefore 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.
a. It shall be the duty of every contractor or builder who shall make contracts for the erection or
construction or repair of buildings for which a permit is required, and every contractor or builder making
such contracts and subletting the same, or any part thereof, to register with the city.
b. No fee is required for registration under this section.
c. No 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 of Huntsville may enjoin or restrain in a court of competent
jurisdiction any construction or work, or continuing construction or work, on any project commenced
prior to the issuance of such building permit.
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6. Section 106 is hereby amended in part to read:
106.2 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 grandes, 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.
106.6. 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.
106.7. 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 storm water. The city engineer may require
additional engineering data, prepared by a registered professional engineer, indicating the calculated
twenty -five -year high water elevation of creeks or drainage channels when the building is proposed to be
placed near the floodplain of the channel. Finished floor elevations of proposed buildings near the
floodplain of a creek or drainage channel shall be a minimum of two (2) feet vertically above the
calculated twenty -five -year high water elevation.
No permit shall be issued for building or improvements that propose to block the flow of water in creeks
or drainage channels or may cause flooding of adjacent property.
7. Section 108 is amended to read:
108.2 -- Schedule of Permit Fees.
a. Permit fees.
1) Where the valuation does not exceed one hundred dollars ($100.00), no fee shall be required, unless an
inspection is necessary, in which case there shall be a ten dollar ($10.00) fee for each inspection.
2) For a valuation over one hundred one dollars ($101.00) up to and including two thousand dollars
($2,000.00), the fee shall be ten dollars ($10.00).
3) For a valuation over two thousand dollars ($2,000.00) up to and including fifteen thousand dollars
($15,000.00), the fee shall be ten dollars ($10.00) for the first two thousand dollars ($2,000.00) plus three
dollars ($3.00) for each additional thousand or fraction thereof, to and including fifteen thousand dollars
($15,000.00).
4) For a valuation over fifteen thousand and one dollars ($15,001.00) up to and including fifty thousand
dollars ($50,000.00), the fee shall be forty -nine dollars ($49.00) for the first fifteen thousand dollars
($15,000.00) plus two dollars and fifty cents ($2.50) for each additional thousand or fraction thereof, to
and including fifty thousand dollars ($50,000.00).
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5) For a valuation over fifty thousand and one dollars ($50,001.00) up to and including one hundred
thousand dollars ($100,000.00), the fee shall be one hundred thirty -six dollars and fifty cents ($136.50)
for the first fifty thousand dollars ($50,000.00) plus two dollars ($2.00) for each additional thousand or
fraction thereof, to and including one hundred thousand dollars ($100,000.00).
6) For a valuation over one hundred thousand and one dollars ($100,001.00) up to and including five
hundred thousand dollars ($500,000.00), the fee shall be two hundred thirty-six dollars and fifty cents
($236.50) for the first one hundred thousand dollars ($100,000.00), plus one dollar and twenty-five cents
($1.25) for each additional thousand or fraction thereof.
7) For a valuation over five hundred and one thousand dollars ($501,000.00), the fee shall be seven
hundred thirty-six dollars and fifty cents ($736.50) for the first five hundred thousand dollars
($500,000.00), plus seventy -five cents ($0.75) for each additional thousand or fraction thereof, to and
including five hundred thousand dollars ($500,000.00).
b. Moving of building or structures. For the moving of any building or structure, the fee shall be one
hundred dollars ($100.00).
c. Demolition of building or structures. For the demolition of any building or structure, the fee shall be
ten dollars ($10.00).
d. For each inspection requested and made which requires a reinspection, a fee of thirty dollars ($30.00)
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 SBCCI
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 one hundred
(100) feet of the site of a proposed variance, of the meeting on the variance, by sending postage prepaid a
copy of the agenda and variance request. The building official shall determine the name and address of
such affected persons by reference to the city tax records.
Appendix B is amended to read:
B 101.2.2 -- Qualifications.
There is hereby established a board to be called the board of appeals, which shall consist of five (5)
members. Such board shall be composed of three (3) persons with technical background in building
design or construction or experience in the building trades industry, and two (2) other citizens. The mayor
(chief appointing authority) shall appoint board members with the approval of the city council.
B 101.2 -- Membership of board.
Each member shall be appointed to a two -year term of office; with three (3) members appointed effective
August 31, odd - numbered years, and two (2) members appointed effective August 31, even - numbered
years.
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B 101.3.3 Postponed hearing.
Three (3) members of the board shall constitute a quorum. In varying the application of any provision of
this code or in modifying an order of the building official, affirmative votes of the majority present, but
not less than three (3) affirmative votes, shall be required. A board member shall not act in a case in
which he has a personal interest.
8. Section 113.4 is amended as follows:
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 of the City of
Huntsville, Texas." The remainder of said section remains unchanged.
9. 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.
10. Figure 1608.2 is amended by adding:
City of Huntsville 5 lbs /sq. ft.
11. Figure 1609 is amended by adding:
City of Huntsville 100 m.p.h.
12. Section 708.1 is amended by adding:
5. 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 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 3000 sq. ft.
13. Section 2902.2 is amended to read:
2902.2 -- Separate facilities.
Every building and each subdivision thereof where both sexes are employed shall be provided with access
to at least two (2) toilets located either in such building or conveniently in a building adjacent thereto on
the same property; provided, however, that only one toilet is required if there are no more than five (5)
employees on any shift.
14. Section 3107. Delete Section 3107.
15. Chapter 11 — Delete Chapter 11
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(2002 -08, Amended, 03/05/2002; 2000 -19, Amended, 09/26/2000; 97 -35, Amended, 11/25/1997; 94 -13, Amended, 05/10/1994)
Section 9.02.03 International property maintenance code.
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 enforcement officer.
2. Sections 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 Part
9.03 of the Huntsville Code of Ordinances.
5. Section 107.4 amend to read:
Section 107.4 Penalties for noncompliance with orders and notices shall be as provided in 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 part 9.03 of 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 Adjustments and Appeals. The appellant must state the variance requested, the reason for it,
and the hardship or conditions upon which the appeal is made.
8. Section 111.2 through 111.8 . Delete Section 111.2 through 111.8
9. Section 302.4 Add 10 inches to jurisdiction height.
(97 -35, Amended, 11/25/1997)
Section 9.02.04 Appendix J International building code - grading.
1. Section J103 is amended to read: by adding paragraph J103.3
J103.3 Grading Permit Fees
A fee for each grading permit shall be paid as set forth:
5,000 cubic yards or less
5,000 -- 10,000 cubic yards
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No fee
$ 20.00
Huntsville, TX Municipal Code
10,001 to 100,000 cubic yards:
For the first 10,000 cubic yards
$ 20.00
Plus, for each additional 10,000 cubic yards or
fraction hereof
$ 10.00
100,001 to 200,000 yards:
For the first 100,000 cubic yards
$110.00
Plus, for each additional 10,000 cubic yards or
fraction thereof
$ 6.00
200,001 cubic yards or more:
For the first 200,000 cubic yards
$170.00
Plus for each additional 10,000 cubic yards or
fraction thereof
$ 3.00
Section 9.02.05 International residential building code, Appendix G swimming pool, spas and hot
tubs.
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 eighteen (18) inches, intended for the purpose of immersion or partial immersion
therein of human beings, and including all appurtenant equipment, construction, installed, and maintained
in or above the ground and used collectively by numbers of persons for swimming and recreational
bathing.
2. Section AG 103 is amended by the addition of a new paragraph AG 103.3 which shall read as follows:
AG 103.3. No person shall discharge wastewater from a swimming pool, or permit such wastewater to
run off onto an adjoining landowner(s)'s property without the landowner(s)'s express written consent.
3. Section AG 105.2 is amended by the addition of a new paragraph to read:
AG 105.6- -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 semiprivate 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 thirty -six dollars ($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 court,
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apartment project, or condominium complex having more than ten (10) 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 107. Add Section AG 107 which shall read as follows:
AG 107 -- 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
(10) days thereafter, and if the reported violation shall not have been remedied such person owning or
maintaining said pool shall be subject to the penalties imposed under this chapter and revocation of their
license.
(2002 -08, Amended, 03/05/2002; 2000 -19, Amended, 09/26/2000; 97 -35, Amended, 11/25/1997; 92 -05, Amended, 03/31/1992)
Section 9.02.06 International mechanical code.
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.
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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.
7. Section 202. Amend Section 202, Definitions, to change or add the following definitions: Code
Official: The City's building official.
(2002 -08, Amended, 03/05/2002; 97 -35, Amended, 11/25/1997)
Section 9.02.07 International plumbing code.
1. Section 101.2 is amended to read:
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 the Code of Ordinances of the
City of Huntsville, Texas.
5. Section 109. Section 109 is deleted.
6. Section 301.3 is amended to read:
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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 two
hundred (200) 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.
7. 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.
8. 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.
9. 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 either a master or journeyman plumber's license in accordance with the provisions of the
state plumbing license law.
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 or persons live, work or assemble;
all piping, fixtures, appurtenances and appliances outside a building connecting the building with the
source of water, gas, or other liquid supply, or combinations thereof, on the premises, or the main in the
street, alley 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 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 or persons live, work or assemble, for a supply of gas, 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
Page 13 of 25
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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, Article 8751,
V.T.C.S., as amended.
4) Plumbing work done by an LP gas installer when working and licensed under Chapter 113, Natural
Resources Code, as amended.
5) Any water treatment dealer or his employee when certified in accordance with section 3A of the
"plumbing license law ".
10. Section 106.6.2. Section 106.6.2 is deleted.
11. Section 708.3.2 — change 8 inch to 6 inch.
12. Section 106.6.3 — delete 106.6.3.
13. Section 608.1 — 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.
(2002 -08, Amended, 03/05/2002; 97 -35, Amended, 11/25/1997)
Section 9.02.08 International gas code.
(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
Page 14 of 25
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(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 Part 9.03 Demolition or Repair of Dilapidated or
Substandard Buildings of the Code of Ordinances of the City of Huntsville, Texas.
(5) Section 109. Section 109 is deleted.
(6) 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 (6) feet.
(7) Section 403.6 is amended to read:
403.6 -- Plastic Piping.
When approved by the administrative authority, 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.
Material
ASTM Standard
Polyethylene (PE- 2406CD) D 1248
Orange Pipe SDR II
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.
(10) Section 106.1 is amended to read:
106.1 - -When required:
Page 15 of 25
Huntsville, TX Municipal Code
Add -- All persons who engage in or work at the actual installation, alteration, repair and renovating of
plumbing shall possess either a master or journeyman plumber's license in accordance with the provisions
of the state plumbing license law.
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 or persons live, work or assemble; all piping,
fixtures, appurtenances and appliances outside a building connecting the building with the source of
water, gas, or other liquid supply, or combinations thereof, on the premises, or the main in the street, alley
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 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 or persons live, work or assemble, for a supply of gas, 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 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; 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, Article 8751, V.T.C.S. as amended.
4. Plumbing work done by an LP Gas installer when working and licensed under Chapter 113, Natural
Resources Code, as amended.
5. Any water treatment dealer or his employee when certified in accordance with Section 3A of the
"Plumbing License Law."
Page 16 of 25
Huntsville, TX Municipal Code
(2002 -08, Amended, 03/05/2002; 97 -35, Amended, 11/25/1998)
Section 9.02.09 International residential code.
1. R102.5. Appendices: The following appendices are intended fir 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. R103.1. The division of Central Inspections is hereby created and the official ion charge thereof shall
be known as the uilding official.
3. R103.2. Delete R103.2.
4. R105.2. (1) Delete (1); (3) delete (3).
5. P2602.1. Delete "if available" in the first sentence and add when public water and sewer is within
(1000) feet of the property.
6. P2904.4.1. 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.
7. Table P2904.4.1. Delete all except:
Material
ABS plastic pipe schedule 40 and 80
CPVC plastic hot and cold water distribution systems
CPVC plastic pipe schedule 40 and 80
CPVC plastic pipe schedule (SDR -PR)
Ductile iron pressure pipe
PVC plastic pipe schedule 40, 80 and 120
PVC pressure rates pipe (SDR Series)
Seamless brass type
Seamless copper tube
Seamless copper water tube Type K, L and M
Seamless red brass pipe, standard sizes
Welded copper water tube (WK, WL, WM)
Standard
ASTM D 1527
ASTM D 2846
ASTM F 441
ASTM F 442
ASTM A 377
ASTM D 1785
ASTM D 2241
ASTM B 135
ASTM B 75
ASTM B 88
ASTM B 43
ASTM B 447
a. Please note that Table P2904.4.1 includes standards for materials for use with cold water only.
8. Section P 2902.2 — add to P 2902.2:
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
Page 17 of 25
Huntsville, TX Municipal Code
the standards adopted by the AWWA, or approved and listed by the University of Southern California
Foundation for Cross Connection Control and Hydraulic Research.
9. Table P3002.2. Delete:
Material
Concrete sewer, storm drain and culvert pipe
Compression joints for vitrified clay pipe and fittings
Vitrified clay pipe and fittings
Bitumenized fiber drain and sewer pipe
ABS Sewer pipe and fittings
Type PSM /PVC sewer pipe and fittings
10. E3306.2. Change to read:
Conductors used to conduct current shall be of copper.
11. E3306.3. Change to read:
Standard
ASTM C 14
ASTM C 425
ASTM C 700
ASTM D 1861
ASTM D 2751
ASTM D 3034
The minimum size of conductors fpr feeders and branch circuits shall be No. 12 copper.
12. E3701.2. Change to read:
The allowable wiring methods for electrical installations shall be those listed in Section 11.0 1.03 D
through J of the Huntsville Code of Ordinances.
13. R309.2 is hereby amended to read:
R309.2 Separation Required. The garage shall be separated from the residence and its attic area by not
less than '/2 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 the garage ceiling being covered with not less than 5/8
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 5/8 inch fire code gypsum board as equivalent.
(2004 -08, Amended, 03/23/2004; 2002 -08, Added, 03/05/2002)
Section 9.02.10 Building permit required.
A person commits an offense if he commences any work on a building or structure before obtaining a
building permit. (Ord. No. 83 -9, § 2, 2- 22 -83)
Editor's note -- Section 2 of Ord. No. 83 -9, enacted Feb. 22, 1983, did not specifically amend this Code;
therefore, inclusion as 9.02.09 was at the editor's discretion.
(2002 -08, Renumbered, 03/05/2002)
Section 9.02.11 Reserved.
Editor's note - -Ord. No. 82 -25, § 13, enacted Nov. 2, 1982, repealed prior code § 6 -4, pertaining to setback
requirements, in its entirety, and set out similar provisions in lieu thereof as prior code Art. VI, §§ 6 -6 -, 6-
Page 18 of 25
Huntsville, TX Municipal Code
61 [now deleted]; prior code § 6 -4 was derived from Ord. No. 80 -42, § 1, enacted Sept. 16, 1980; Ord.
No. 81 -14, § 1, enacted February 17, 1981; and Ord. No. 82 -13, § 1, enacted June 29, 1982.
(2002 -08, Renumbered, 03 /05/2002)
Page 19 of 25
Huntsville, TX Municipal Code
Part 9.03
DEMOLITION OR REPAIR OF DILAPIDATED OR SUBSTANDARD BUILDINGS*
Sections:
9.03.00E Editor's Note to Chapter 9.03.
9.03.01 Dilapidated, substandard or unfit buildings.
9.03.02 Action required.
9.03.03 Notice to owner of intent to demolish dilapidated, substandard or unfit building;
public hearing required.
9.03.04 Vacation of building.
9.03.05 Appeals to board.
9.03.06 Decision by board.
9.03.07 Demolition of property.
9.03.08 Recovery of expenses for repair, removal, vacation and /or demolition.
9.03.09 Offenses defined.
9.03.10 Reserved.
Section 9.03.00E Editor's Note to Chapter 9.03.
*Editor's note - -Ord. No. 90 -14, § 1, adopted Aug. 21, 1990, amended prior code Article II [Part 9.03] to
read as herein set out in §§ 9.03.01 -- 9.03.09. Prior to inclusion of said ordinance, prior code Article II, §§
6- 20 - -6 -28 pertained to similar subject matter and derived from Ord. No. 81 -31, § 8, adopted July 7,
1981; Ord. No. 8615, § 5, adopted June 10, 1986; Ord. No. 90 -1, § 1, adopted Jan. 9, 1990.
Section 9.03.01 Dilapidated, substandard or unfit buildings.
A. Any building or structure including a mobile 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. 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
Page 20 of 25
Huntsville, TX Municipal Code
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.
State law reference(s)- -Texas Local Gov't Code ch. 214 and ch. 342.
(Ord. No. 90 -14, § 1, 8- 21 -90)
(2002 -08, Amended, 03/05/2002)
Section 9.03.02 Action required.
A. The building official shall inspect any building, structure or portion thereof that is or may be unsafe.
B. After the building official has inspected a building and has determined that such building or a portion
thereof is dilapidated or substandard, the building official shall initiate proceedings to cause the
abatement of the unsafe condition by repair, vacation or demolition or combination thereof.
(Ord. No. 90 -14, § 1, 8- 21 -90)
Section 9.03.03 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 premise;
2. A physical description of the building;
3. A declaration that the building has been found dilapidated, substandard or unfit by the building official
Page 21 of 25
Huntsville, TX Municipal Code
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 fifteen (15) 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 heating; and
7. The date, time and place for a public heating to determine whether the building complies with
minimum standards for continued use and occupancy.
B. The notice shall be served, either personally or by certified mail, to the owner at the owners 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. 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 (2) times, not more than fourteen (14) nor less than ten
(10) day apart; and
2. Posting on the front and rear doors of the structure for ten (10) days.
D. A copy of the notice shall be filed in the deed record of Walker County, Texas.
(Ord. No. 90 -14, § 1, 8- 21 -90)
Section 9.03.04 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 9.03.03(a) above, 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.
Page 22 of 25
Huntsville, TX Municipal Code
C. Such notice to vacate shall remain posted until required repairs or demolition is completed.
(Ord. No. 90 -14, § 1, 8- 21 -90)
Section 9.03.05 Appeals to board.
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 fourteen (14) 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.
(Ord. No. 90 -14, § 1, 8221 -90)
Section 9.03.06 Decision by board.
A. The board may, after public notice and public heating, 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;
2. Require vacation of buildings deemed unfit for human use or habitation;
3. Require demolition of structures deemed dilapidated, substandard or unfit.
B. The final decision of the board shall be in writing. A copy shall be served on the appellant either
personally or by certified mail.
C. The final decision of the board shall not deprive appellant of seeking redress in any civil court of law,
provided, however, such appeal must be filed within fifteen (15) days of the board's final decision.
(Ord No. 90 -14, § 1, 8- 21 -90)
Section 9.03.07 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, 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
Page 23 of 25
Huntsville, TX Municipal Code
made in writing stating the reasons therefor. If the extension in time exceeds one hundred twenty (120)
days, they must also be approved by the board.
(Ord. No. 90 -14, § 1, 8- 21 -90)
Section 9.03.08 Recovery of expenses for 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 Walker
County Clerk a sworn statement of the building official of the expenses incurred, and the City of
Huntsville shall thereby perfect a privileged lien on the property involved, second only to tax and street
improvement liens, together with nine (9) per cent interest from the date such payment was due.
(Ord. No. 90 -14, § 1, 8- 21 -90)
Section 9.03.09 Offenses defined.
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.
(Ord. No. 90 -14, § 1, 8- 21 -90)
Section 9.03.10 Reserved.
Page 24 of 25
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Part 9.04
TRENCH CONSTRUCTION
Sections:
9.04.01 City contracts.
9.04.02 Plans and specifications.
9.04.03 Offense.
Section 9.04.01 City contracts.
The city manager and city engineer are hereby directed to include in bid documents and the contract of
construction projects in which trench excavation will exceed a depth of five (5) feet detailed plans and
specifications for trench systems that meet occupational safety and health administration standards. The
plans and specifications shall include a pay item for these same safety systems.
(Ord. No. 87 -29, § 1, 9- 22 -87)
Section 9.04.02 Plans and specifications.
No person shall enter into a contract for a construction project in the city or its extraterritorial jurisdiction
in which trench excavation will exceed a depth of five (5) feet unless the bid documents and the contract
include detailed plans and specifications for trench safety systems that meet occupational safety and
health administration standards and these plans and specifications include a pay item for these same
safety systems.
(Ord. No. 87 -29, § 1, 9- 22 -87)
Section 9.04.03 Offense.
A person commits an offense if the person works in a trench excavation that exceeds a depth of five (5)
feet unless the trench is protected by a trench safety system that meets occupational safety and health
administration standards.
(Ord. No. 87 -29, § 1, 9- 22 -87)
Page 25 of 25
Parts:
11.01 IN GENERAL
Huntsville, TX Municipal Code
Title 11
ELECTRICITY*
Page 1 of 12
Huntsville, TX Municipal Code
Part 11.01
IN GENERAL
Sections:
11.01.00E Editor's Note.
11.01.01 Title.
11.01.02 Object and scope of code.
11.01.03 Installation standards.
11.01.04 Additional rules and regulations.
11.01.05 Application for inspection and permit.
11.01.06 Fees for inspection.
11.01.07 Prerequisites to engaging in electrical work; certificates, bond.
11.01.08 Application, examination for, issuance, renewal and revocation of certificates; fees.
11.01.09 Penalties.
11.01.10 Liability for damages.
11.01.11 Double fees in certain cases.
Section 11.01.00E Editor's Note.
*Editor's note - -Ord. of Aug. 12, 1969, §§ 1--13 and 16, included herein as §§ 11.01.01 -- 11.01.14, is
codified as superseding prior code Ch. 7, §§ 7- 1- -7 -42, pertaining to the office of electrical inspector,
setting forth standards and specifications for electrical work, requiring permits and fees and licensing and
regulating master electricians. Said chapter and sections were derived from Ord. of May 3, 1927, §§ 1 - -8,
10, 11, 13, 15, 18, 19 and Ord. of Oct. 3, 1961, § 1. Ord. of Aug. 12, 1969 is included herein as enacted,
however, "ordinance" has been changed to "chapter" where appropriate, catchlines have been altered in
several instances to facilitate indexing add reference, and §§ 14, 15 and 17, validity, repealer and effective
date provisions were omitted.
Cross reference(s) -- Buildings, Title 9; fire prevention and protection Title 12; street excavation and
alterations, § 25.03.01 et seq.
Section 11.01.01 Title.
This title shall be known as the "Electrical Code of the City of Huntsville, Texas."
(Ord. of 8- 12 -69, § 1)
Section 11.01.02 Object and scope of code.
A. The object of this code 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 of Huntsville.
B. The provisions of this title shall not apply to installations in railway cars, automotive equipment,
electrical railways companies, to installations used by electrical public utility telephone telegraph
Page 2 of 12
Huntsville, TX Municipal Code
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.
(Ord. of 8- 12 -69, § 2)
Section 11.01.03 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 of Texas, installation shall be made in conformity to the standards
provided by the National Electrical Code, 2005 Edition (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 chapter,
the Statutes of the State of Texas and any order, rules and regulations issued by authority thereof, and
with approved electrical standards for safety to persons and property. Unless by this chapter, by a statute
of the State of Texas, 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 Standards Association, and the electrical
provisions of other standards approved by the American Standards Association 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:
1. An approved direct burial cable may be used, when installed in accordance with the National Electrical
Safety 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. Installations in dry walls, attics, outside with watertight fittings and strapped
every five (5) feet. Fibre bushings shall be used on all connections one and one -fourth (1 1/4) through two
(2) inches. Under no conditions shall EMT be installed in concrete or underground.
3. Flexible metal conduit. Minimum size one -half inch flexible metal conduit may be used in the
following instances:
a. on all adjustable motors, equipment, light fixtures when accessible;
b. 3/8 inch premanufactured(fixture whips) with a ground may be used for lighting fixtures within an
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accessible location;
c. sealtite with sealtite fittings must be used in damp or grease -laden locations;
d. no connections shall be more that seven (7) feet and not less than eighteen (18) inches and all flexible
conduit must be made with a grounding conductor;
e. in locations impractible or impossible for the use of solid conduit and approved by the building
official.
4. Surface metal raceways.
5. Underfloor raceways.
6. Cellular metal floor raceways.
7. Wireways and buss duct.
8. Nonmetallic sheathed cable, exception - -See Paragraph (g) .
D.I. Unapproved wiring methods: Under no conditions shall BX or BXL be used for any type
installation.
E. The term "fire limits ", as referred to in the provisions of this chapter relating to electrical work within
the fire limits of the City of Huntsville, 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.
E.1. No conductor smaller than #12 AWG shall be permitted within the city limits with the exception of
control wiring. All switch legs shall be #12 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 (2)
outlets shall be allowed on one (1) circuit in the following areas: breakfast rooms, utility areas, kitchens.
Every major appliance shall be on a separate circuit. All air conditioning compressors and air handling
units to be on separate circuits. All receptacles shall be the grounding type.
E.2. Requirements applying to all service conductors: All service conductors shall be installed in
galvanized metal conduit.
F. All electrical wiring in buildings within the fire limits of the City of Huntsville shall in all cases be one
of the eight (8) approved methods described in paragraph (d), one to eight ((1) to (8)) , inclusive.
G. Paragraph (f) will also apply to all commercial public buildings, grain elevators, or places used for
storage of grain, express houses, freight houses, storage or warehouses, all classes of mills, factories,
garages, hotels, hospitals, auditoriums, laundries, churches, apartment houses in the fire district, theaters,
moving picture shows, and any other public gathering place, machine shops, buildings used for storing
gasoline and other readily inflammable materials, and all classes of printing press and publishing
buildings, filling stations and lumber sheds within the limits of the City of Huntsville. Nonmetallic
sheathed cable will be allowed in apartment houses excluding the fire district. However, the service to
each apartment shall be in metal raceway and served with the proper overload devices.
H. Switchboards, switches, panelboards, 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
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are safeguarded as provided for elevator control equipment.
I. All panels and switchboards used for the control of lighting and appliance circuits in residential and
commercial buildings shall be of the multi- breaker type. All switches, disconnects, circuit breakers, load
centers and multi- breakers when mounted outside and exposed to the weather shall be raintight designed
for outdoor service. All branch circuit panels consisting of more than six (6) single pole breakers shall
have a main disconnect. When additional breakers are added to an existing panel making a total of over
six (6) 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 (5) 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 of Huntsville
will not be permitted to install any wiring to air conditioning units with the exception of low voltage
wiring.
J. Only approved copper wiring shall be installed in any building, house, or structure located within the
corporate limits of the City of Huntsville 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.
(Ord. of 8- 12 -69, § 6; Ord. of 2- 23 -71, § 1; Ord. No. 81 -31, § 3, 7 -7 -81; Ord. No. 86 -20, § 1, 7- 15 -86;
Ord. No. 91 -16, § 6, 8 -6 -91)
(2002 -08, Amended, 03/05/2002; 98 -20, Amended, 09/22/1998)
Section 11.01.04 Additional rules and regulations.
A. All works shall be executed in a neat and workmanlike manner. Slipshod, or work not in keeping with
good electrical practice shall be classed as defective and shall be immediately corrected by persons
causing same. No work shall be done under the scope of this chapter unless under the direction of a
master electrician or electrical sign manufacturer.
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 sign shall at
its lowest point be less than twelve (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 bottom below
minimum set forth in this title.
3. Light reflectors for the illumination of a building or signboard shall not project more than eight (8) feet
beyond the building line.
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D. All signs shall be connected to a separate circuit.
1. 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.
(Ord. of 8- 12 -69, § 7; Ord. No. 82 -25, § 16, 11 -2 -82; Ord. No. 86 -10, § 1, 5 -6 -86; Ord. No. 86 -20, § 2, 7-
15-86)
(2002 -08, Amended, 03/05/2002)
Section 11.01.05 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.
The master electrician must remain in the site of work being performed at all such times that electrical
work is being performed unless at least one representative beig licensed by the City of Huntsville as a
hourneyman 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 CIty of Huntsville may act as the master electrician's representative. Any person performing
electrical work without a master, journeyman or residnetial wireman electrician on site is considered in
violation of this ordinance.
Electrical work performed on an electrical sign must be performed by a master, journeyman or master
electrical sign contractor. The licensed person must remain on site at all times during such time that
electrical work is being performed.
2. Permits shall be issued only to the following:
a. Any master electrician or electrical sign manufacturer holding a valid license 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 classes of electrical work specified in the following
paragraphs (b) to (d) , inclusive [sic].
C. 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.
D. Electrical work done by anyone who is regularly employed (minimum 40 hrs /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 geneal public. The
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person performing any maintenance electrical work must be a maintanance electrician and licensed by the
City of Huntsville as a master, journeyman, or maintenance electrician. Provided, however, that all
electrical maintanance 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.
E. 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.
F. Master electricians and electrical sign manufacturers (under provisions of paragraph (d) , section
11.01.10) shall have the privilege of making minor repairs or alterations, where material and labor does
not exceed three hundred dollars ($300.00) , without first securing a permit, subject to the approval of the
buildig official.
G. 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 or electrical sign manufacturer responsible for the work. The electrician shall be
responsible for notifying the city building official when an inspection is desired.
H. 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. 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.
I. All applications for inspections shall be accompanied by the inspection fees as hereinafter provided
for.
J. 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 inspect or cause to be inspected
said work within forty-eight (48) hours after receiving applications. Sundays and holidays not included in
this time. After inspecting the electrical wiring covered by an application obtained by the master
electrician, the city electrician shall leave a tag, 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 master electrician is to be
notified if the wiring is to be held open for correction and no person, including the general contractor or
his representative shall lath, coil or in any manner conceal any wiring until they are informed that such
wiring has been approved by the city building official.
K. 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.
L. Master 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 title.
M. 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 chapter, a certificate
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of inspection shall be issued stating that the work has been done according to the provisions of this title
and the rules governing the respective class to which it belongs.
N. This certificate 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.
O. It shall be unlawful for any public service company operating in the City of Huntsville, 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.
P. 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.
(Ord. of 8- 12 -69, § 8; Ord. No. 82 -25, § 17, 11 -2 -82)
(2002 -08, Amended, 03/05/2002)
Section 11.01.06 Fees for inspection.
A. Fees for roughing in work:
$ 2.00 minimum fee for roughing in work.
$ 3.00 for first circuits.
$ 0.40 each for all above 4 circuits.
$ 2.00 for final inspection.
B. Fees for replacement of service entrance equipment:
$ 3.00 per service up to and including 60 ampere, includes meter loop.
$ 4.00 per service up to and including 100 ampere, includes meter loop.
$ 5.00 per service up to and including 200 ampere, includes meter loop.
$ 6.00 per service up to and including 400 ampere, includes meter loop.
$ 7.00 per service up to and including 600 ampere, includes meter loop.
$10.00 per service over 600 ampere, includes meter loop.
C. Fees for motor generation:
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$ 1.50 each for first 2 motors below 1 H.P.
$ 0.75 for each additional motor below 1 H.P.
$ 3.00 each for first 2 motors 1 to 5 H.P.
$ 1.50 each additional motor 1 H.P. to 5 H.P.
$ 4.00 for each for first 2 motors 6 H.P. to 10 H.P.
$ 2.00 each additional motor 6 H.P. to 10 H.P.
$ 5.00 each for first 2 motors 11 H.P. to 24 H.P.
$ 3.00 additional motor 11 H.P. to 24 H.P.
$ 7.00 each for first 2 motors over 25 H.P.
$ 4.00 each additional motor over 25 H.P.
D. Fees miscellaneous:
$ 3.00 for electric welder.
$ 2.00 for each electric range.
$ 2.00 for each motion picture projector.
$ 2.00 per circuit for sign and outline lighting.
$ 2.00 temporary service.
$ 2.00 minimum fee for repairs and alterations.
$30.00 for reinspection.
$ 2.00 for each additional meter.
E. 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 of one dollar ($1.00) shall be made
for each additional trip.
(Ord. of 8- 12 -69, § 9; Ord. No. 77 -14, 5 -5 -77; Ord. No. 82 -25, § 22, 11 -2 -82)
Cross reference(s) -- Double fees charged in certain cases, § 11.01.14.
Section 11.01.07 Prerequisites to engaging in electrical work; certificates, bond.
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A. Every person, firm or corporation 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 title, except as otherwise provided.
B. Secure a master electrician's certificate from the city building official which certificate shall be issued
to the person, firm or corporation who qualifies for same.
C. Secure an electrical sign manufacturer's certificate from the city building official which certificate
shall be issued to the person, firm or corporation who qualifies for same.
D. Electrical sign manufacturers' certificate shall entitle the holder thereof to engage in the business of,
and secure permits for the installation, alterations of any electric signs, display, and /or outline lighting on
what is known as the secondary or high voltage side of transformers. However, nothing herein shall
change or effect the right of master electricians, as otherwise provided herein, to secure permits for and
hang electric signs and do all wiring necessary therefor.
E. Secure a journeyman electricians certifiare from the city building officialwhic said certificate shall be
issued to the person who qualifies for same.
F. Journeyman electricians certificate shall entitle the holder to engage in the work of installation, or
alterations of electrical systems while under the employment, supervision and direction of a master
electrician licensed by the City of Huntsville. Journeyman electricians certificate shall also entitle the
holder to perform maintenance work as described in 11.05.05.
G. Secure a residential wireman electrician certificate from the city building official which said
certificate shall be issued to the person who qualifies for same.
H. Residential wireman electrician certificate shall entitle the holder to engage in the work of installation
of electrical systems within a single family residential building while under the employment, supervision
and direction of a master electrician licensed by the City of Huntsville.
I. Secure a maintenance electrician certificate from the city building official which said certificate shall
be issued to the person who qualifies for same.
J. Maintenance electrician certificate shall entitle the holder to engage in the work of electrical
maintenance as deescribed in 11.0 1.05 (I).
(Ord. of 8- 12 -69, § 10; Ord. No. 82 -25, § 18, 11 -2 -82)
Editor's note - -Ord. No. 82 -25, § 18, enacted Nov. 2, 1982, repealed prior code section 7 -10(d) ; therefore,
the editor has redesignated provisions formerly set out as prior code § 7 -10(e) [11.01.10(e) ] as a new
subsection (d) , to preserve Code sequence.
(2002 -08, Amended, 03/05/2002)
Section 11.01.08 Application, examination for, issuance, renewal and revocation of
certificates; fees.
A. Any person, firm or corporation desiring a master electrician's certificate and /or electrical sign
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manufacturer's certificate shall make application in writing to the city building official.
B. Any person, firm or corporation desiring a master electrician certificate shall be required to show
proof of a minimum of four (4) years electrical trade experience, in a journeyman's status, and show proof
of successful completing and passing the Southern Building Code Congress International's Texas
Standard Master electricians examination. Application for such certificate shall be accompanied by the
proper fees as hereinafter provided.
C. Journeyman electrician certificate holders which obtained a certificate before February 14, 1995, will
be required to show proof of taking and passing the SBCCI Journeyman Electrician exam by February 14,
1997.
D. Any person desiring recognition as a journeyman electrician shall be employed by a master electrician
holding a valid certificate from the City of Huntsville, and shall pay the sum of twelve dollars ($12.00)
per year as registration fee and at such time the fee is paid, state the name of the master electrician under
which he is employed and show proof of successfully completing and passing the Southern Building
Code International's Texas Standard Journeyman electricians examination. Also, the journeyman
electrician will be required to notify the City building official any and each time he shall change
employment.
E. Any person aggrieved by a decision of the city building official under this title may appeal in writing
to the Board of Adjustments and Appeals as provided by the Standard Building Code.
F. The registration fee for a master electrician certificate shall be sixty dollars ($60.00).
G. The registration fee for electrical sign manufacturer's certificate shall be forty-eight dollars ($48.00).
H. Any person desiring recognotion as a residential wireman electrician shall be employed by a master
electrician holding a valid certificate from the City of Huntsville and shall pay a sum of ten dollars
($10.00) per year as the registration fee and at such time the fee is paid, state the name of the master
electrician under which he /she is employed and show proof of successfully completing and passing the
Southern Building Code International's Texas Standard Residential Wiremans examination. The
residential wireman electrician is required to notify the city building official any and each time he /she
shall change employment.
1. Any person desiring recognition as a maintenance electrician shall be employed as a maintenance man
or maintenance engineer incidental to and in connection with the business of his /her employment. Such
person must be employed by the business for a minimum of 40 hrs /week and shall pay a sum of fifty
dollars ($50.00) per year as registration fee and at such time the fee is paid, state the name of the business
and location of said business which he /she is employed and show proof of successfully completing and
passing the Southern BUilding Code International's Texas Standard Maintenance Electricians
examination. The maintenance electrician is required to notify the building official any and each time
he /she shall change employment.
J. All maintenance persons engaged in the work of electrical maintenance shall obtain a maintenance
electricians certificate by January 8, 2004.
(Ord. of 8- 12 -69; Ord. of 12- 22 -70; Ord. No. 77 -14; Ord. No. 81 -31; Ord. No. 82 -25)
(2002 -08, Amended, 02/05/2002; 2000 -19, Amended, 09/26/2000; 95 -05, Amended, 02/14/1995)
Page 11 of 12
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Section 11.01.09 Penalties.
Any person, firm or corporation who shall violate any of the provisions of this title, or who shall fail to
comply with same shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a
fine of not exceeding five hundred dollars ($500.00) .
(Ord. of 8- 12 -69, § 12; Ord. of 2- 23 -71, § 2)
Section 11.01.10 Liability for damages.
This title 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.
(Ord. of 8- 12 -69, § 13)
Section 11.01.11 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 or fees 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 title.
(Ord. of 8- 12 -69, § 16)
Cross reference(s) -- Schedule of inspection fees, § 11.01.09.
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Title 12
FIRE PREVENTION AND PROTECTION*
Parts:
12.01 IN GENERAL
12.02 FIRE MARSHAL
12.03 ENFORCEMENT
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Part 12.01
IN GENERAL
Sections:
12.01.00E Editor's Note to Title 12.
12.01.01 Fire Prevention Code -- Adopted.
12.01.02 Same -- Amendments.
12.01.03 Burning of trash and refuse; when permit required; duties of fire marshal; fees;
penalty for violation.
Section 12.01.00E Editor's Note to Title 12.
*Cross reference(s) -- Buildings, Title 9; emergency management, Title 10, electricity, Title 11; reward for
information leading to conviction for arson, § 21.01.04; sale and use of fireworks, § 21.01.10.
State law reference(s) - -Fire prevention in cities and towns generally, Texas Local Gov't Code ch. ;
authority of council to establish regulations for the prevention and extinguishment of fires, Texas Local
Gov't Code ch.
Section 12.01.01 Fire Prevention Code -- Adopted.
12.01 In General, §§ 12.01.01 - 12.01.13
12.02 Fire Marshal, §§ 12.02.01 - 12.02.15
The book entitled, "International Fire Prevention Code, 2003 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.
(Ord. of 10 -3 -61; Ord. No. 76 -2; Ord. No. 86 -21)
(2002 -08, Amended, 03/05/2002; 98 -20, Amended, 09/22/1998; 92 -07, Amended, 04/07/1992)
Section 12.01.02 Same -- Amendments.
The following provisions of the International Fire Prevention Code are adopted, amended or modified for
purposes of administration of the Code in the City of Huntsville:
A. Section 108 is deleted.
B. Sections 103.1 through 103.3, Administration, are deleted.
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C. Section 307.5 is added to read:
307.5. 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 10 feet of
the building of multiple - family dwellings or single - family rental dwellings regardless of number of stories
in height.
D. 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 condition at all times and be replaced or repaired when necessary to provide
adequate visibility. 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."
E. Appendix D, Fire Apparatus Access Roads, is adopted.
(Ord. No. 86 -21)
(2004 -07, Amended, 03/23/2004; 2002 -08, Amended, 03/05/2002; 98 -20, Amended, 09/22/1998; 95 -06, Amended, 02/14/1995)
Section 12.01.03 Burning of trash and refuse; when permit required; duties of fire marshal;
fees; penalty for violation.
A. It shall hereafter be unlawful for any person, firm, entity or corporation to burn any wood, trees,
brush, trash, refuse, garbage or other combustible material within the corporate limits of the City of
Huntsville unless such person, firm, entity or corporation first obtains a burning permit (the 'Burn
Permit ") from the Fire Marshal of the City of Huntsville, Texas. 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 of Walker County, Texas that burning within Walker County poses an imminent safety risk
or threatens the health and welfare of the citizens or by the Fire Chief of the City of Huntsville that
burning within the City of Huntsville poses an imminent safety risk or threatens the health and welfare of
the citizens of the City of Huntsville (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, firm, entity or corporation to burn wood, trees, brush, refuse, garbage or other combustible
material within the corporate limits of the City of Huntsville 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 of the City of Huntsville, Texas:
(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 Title 30 of the Texas
Administrative Code, Part 1, Chapter 106, Subchapter V, Rule § 106.496, as amended from time to time.
A copy of Rule § 106.496 may be obtained from the Fire Marshal, the Director of Planning &
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Development or the City Secretary. "Landclearing Operation" is defined as 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. It does not include burning pursuant to B. (1). The issuance of a Burn
Permit for trench burning is a discretionary function by the Fire Marshall and the Fire Marshall may
refuse to issue the Permit because of health, safety or ecological reasons.
(3) Any additional regulations or requirements stated in the City of Huntsville Burn Permit.
(4) It shall be unlawful for any person, firm, entity or corporation to burn combustible material in a
manner inconsistent or contrary to the conditions and regulations contained in the Burn Permit.
C. Any person, firm or corporation violating the terms of this ordinance shall, upon conviction, be
deemed guilty of a class C misdemeanor and, upon conviction, shall be punished as provided in section
2.01.08 of the Code of Ordinances of the City of Huntsville, Texas.
(Ord. No. 75 -2, § 1, 2- 25 -75; Ord. No. 77 -1, 1- 26 -77)
(2001 -29, Amended, 11/13/2001; 2001 -02, Amended, 01/09/2001)
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Part 12.02
FIRE MARSHAL
Sections:
12.02.01 Office created.
12.02.02 City fire marshal, appointment.
12.02.03 Investigation of fires generally.
12.02.04 Taking of testimony in investigation of fire.
12.02.05 Authority to summon witnesses and order production of documents.
12.02.06 Investigations may be private; sequestering witnesses.
12.02.07 Offenses by witnesses summoned by marshal.
12.02.08 Duty when evidence sufficient to charge person with crime in connection with fire.
12.02.09 Record of fires to be kept.
Section 12.02.01 Office created.
The office of fire marshal of the city is hereby created.
(Ord. of 10 -5 -15, § 1)
Section 12.02.02 City fire marshal, appointment.
The fire marshal for the City of Huntsville shall be appointed by the city manager.
(Ord. No. 77 -3, § 1, 3- 15 -77)
(92 -07, Amended, 04/07/1992)
Section 12.02.03 Investigation of fires generally.
The fire marshal shall investigate the cause, origin and circumstances of every fire occurring within the
city by which property is destroyed or damaged, and shall especially make investigation as to whether
such fire was the result of carelessness or design. Such investigation shall commence within twenty -four
(24) hours, not including Sunday, of the occurrence of such fire.
(Ord. of 10 -5 -15, § 2)
Section 12.02.04 Taking of testimony in investigation of fire.
The fire marshal, when in his opinion further investigation of a fire is necessary, shall take or cause to be
taken the testimony, on oath, of all persons supposed to be cognizant of any facts or to have means of
knowledge in relation to the matter under investigation, and shall cause the same to be reduced to writing.
The fire marshal is hereby authorized to administer oaths and affirmations to persons appearing as
witnesses before him.
(Ord. of 10 -5 -15, §§ 3, 4)
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Section 12.02.05 Authority to summon witnesses and order production of documents.
The fire marshal shall have the power to summon witnesses before him to testify in relation to any fire or
other matter which is, by the provisions of this article, a subject of inquiry and investigation, and may
require the production of any paper, book or document deemed pertinent thereto.
(Ord. of 10 -5 -15, § 4)
Section 12.02.06 Investigations may be private; sequestering witnesses.
All investigations held by or under the direction of the fire marshal may, in his discretion, be private and
persons other than those required to be present may be excluded from the place where such investigation
is held. Witnesses may be kept separate and apart from each other and not allowed to communicate with
each other until they have been examined.
(Ord. of 10 -5 -15, § 6)
Section 12.02.07 Offenses by witnesses summoned by marshal.
Any witness who refuses to be sworn or who refuses to appear and testify, or who disobeys any lawful
order of the fire marshal, or who fails and refuses to produce any book, paper or document touching any
matter under examination, or who is guilty of any contemptuous conduct during any of the proceedings of
the fire marshal during any investigation or inquiry, after being summoned to give testimony in relation to
any matter under investigation, shall be deemed guilty of a misdemeanor and it shall be the duty of the
fire marshal to cause all such offenders to be prosecuted.
(Ord. of 10 -5 -15, § 5)
Section 12.02.08 Duty when evidence sufficient to charge person with crime in connection
with fire.
If, after an investigation of a fire as provided for in this article, the fire marshal is of the opinion that there
is evidence sufficient to charge any person with the crime of arson, or with an attempt to commit the
crime of arson, or of conspiracy to defraud, or criminal conduct in connection with such fire, he shall
cause such person to be lawfully arrested and charged with such offense, or either of them, and shall
furnish to the proper prosecuting attorney all such evidence, together with the names of the witnesses and
all information obtained by him, including a copy of all pertinent and material testimony taken in the
case.
(Ord. of 10 -5 -15, § 3)
Cross reference(s) -- Reward for information leading to conviction for arson, § 21.01.04.
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Section 12.02.09 Record of fires to be kept.
The fire marshal shall keep a record of all fires occurring within the city by which property is destroyed
or damaged, together with all facts, statistics, and circumstances, including the origin of the fire and the
amount of the loss, which may be determined by the investigation required by this article.
(Ord. of 10 -5 -15, § 2)
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Huntsville, TX Municipal Code
Part 12.03
ENFORCEMENT
Sections:
12.03.01 Inspection of mercantile, manufacturing and public buildings.
12.03.02 Ordering removal or repair of dangerous buildings, accumulations, etc.
12.03.03 Right of entry.
12.03.04 Warrants.
Section 12.03.01 Inspection of mercantile, manufacturing and public buildings.
It shall be the duty of the city building official and fire official 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 of Huntsville
in each instance where such code calls for action by the fire marshal, fire chief in the adopting ordinance
for such fire code.
(92 -07, Added, 04 /07/1992)
Section 12.03.02 Ordering removal or repair of dangerous buildings, accumulations, etc.
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 improper 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 owners or
occupant of such building or premises. If the owner or occupant deems himself aggrieved by such order,
he may, within five (5) days, appeal to the mayor, who shall investigate the cause of the complaint and,
unless by his authority the order is revoked, such order shall remain in force and be forthwith complied
with by the owner or occupant.
(92 -07, Added, 04/07/1992)
Section 12.03.03 Right 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 title,
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
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discretion.
(92 -07, Added, 04/07/1992)
Section 12.03.04 Warrants.
For the purpose of search warrants issued under Article 18.05 of the Texas Code of Criminal Procedure,
the city building official shall be the code enforcement officer for the City.
(92 -07, Added, 04/07/1992)
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