Ordinance No. 9,278Published in the Baytown
Sun on December 19, 2001
ORDINANCE NO. 9278 and December 20, 2001
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS AMENDING CHAPTER 18 "BUILDINGS AND BUILDING
REGULATIONS,'.' ARTICLE H `BUILDING. CONSTRUCTION
STANDARDS, DIVISION 3 `BUILDING CODE," SECTION 18 -92
"AMENDMENTS "; ARTICLE 11 ' "BUILDING CONSTRUCTION
STANDARDS," DIVISION 4 `BUILDING AND DEVELOPMENT PERMITS,"
SECTION 19 -127 "BUILDING PERMIT FEE SCHEDULE "; ARTICLE III
"ELECTRICAL CODE," DIVISION 4 "PERMITS AND INSPECTIONS,"
SECTION 18 -255 "FEES"; ARTICLE V "MECHANICAL CODE," DIVISION 4
"LICENSES AND PERMITS," SECTION 18 -589 "FEES "; ARTICLE VI
"MINIMUM PROPERTY STANDARDS," DIVISION 2 "ONE- AND TWO -
FAMILY DWELLINGS AND TOWNHOUSES," SECTION 18 -651
"RESIDENTIAL CODE ADOPTED "; AND ARTICLE ..VI "MINIMUM
PROPERTY STANDARDS," DIVISION 2 "ONE- AND TWO - FAMILY
DWELLINGS AND TOWNHOUSES," SECTION 18 -652 "AMENDMENTS TO
THE RESIDENTIAL CODE" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, TO ADDRESS THE APPROPRIATE FEE FOR PERMITS IF WORK
COMMENCED PRIOR TO OBTAINING A REQUIRED PERMIT AND TO
ADOPT THE INTERNATIONAL RESIDENTIAL CODE AND
AMENDMENTS THERETO; PRESCRIBING A MAXIMUM PENALTY OF
FIVE HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A-
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 18 "Buildings and Building Regulations," Article 11 "Building
Construction Standards," Division 3 "Building Code," Section 18 -92 "Amendments" of the Code
of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE II. BUILDING CONSTRUCTION STANDARDS
DIVISION 3. BUILDING CODE
Sec. 18-92. Amendments.
The following amendments to the building code adopted in section 18 -91 are adopted:
Section 101.4. 10 Building conservation districts shall be added as follows:
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® The provisions of this code relating to the construction, alteration, repair, enlargement,
restoration, relocation or moving of buildings or structures shall not be mandatory for
existing buildings or structures located within a building conservation district when such
buildings or structures are judged by the chief building official to be safe and the public
health, safety and welfare will not be detrimentally affected by the proposed construction,
alteration, repair, enlargement, restoration, relocation or moving of buildings within the
district. A building conservation district may be created by city council upon its
determination that creation of such a district will help restore structures and such
restoration will provide a public benefit. The applicant for a building permit for a new
structure within a building conservation district must submit complete architectural or
engineering plans and specifications bearing the seal of a registered professional engineer
or architect.
Section 108 Construction board of adjustment and appeals is deleted and replaced by division 2
of article II of this chapter.
Section 311 Residential occupancy, subsection 311. 1, shall be amended by deleting dwellings
from the scope of such section.
Section 1204.1 Fixtures is amended by adding the following:
Every building or portion thereof where persons are employed shall be provided with at
least one toilet. Every building and each subdivision thereof where both sexes are
employed shall be provided with access to at least two toilets, except where there are five
or less employees on any one shift.
Every building and each subdivision thereof where both sexes are employed and open to
the public shall be provided with access to public sanitary facilities for each sex (number
of fixtures as prescribed by the plumbing code).
In buildings .which are open to the public, the required sanitary facilities shall be made
readily accessible to the public and all required facilities shall be free to the public.
Exception: In single - family living units, there shall be minimum fixtures (as set forth by
the plumbing code) connected to an approved disposal system.
Section 1509.8 Wood shingles and shakes is amended to read as follows:
Wood shingles or shakes shall not be used to roof any new construction.
Section 1804.1.9 Minimum slab heights shall be added as follows:
The top of any slab shall be at least 18 inches above the higher of the top of curb or the
crown of the street the structure faces. If natural ground level is lower than the level of
® the street, the top of slab shall only be required to be a minimum of 18 inches above the
natural ground level.
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® Section 3313 Moving of buildings shall not be applicable.
Section 2: That Chapter 18 "Buildings and Building Regulations," Article II "Building
Construction Standards," Division 4 `Building and Development Permits," Section 18 -127
"Building permit fee schedule" of the Code of Ordinances, Baytown, Texas, is hereby amended
to add subsection (f) to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE II. BUILDING CONSTRUCTION STANDARDS
DIVISION 4. BUILDING AND DEVELOPMENT PERMITS
Sec. 18 -127. Building permit fee schedule.
(f) If work for which a building permit is required by this code is commenced prior to
obtaining the required permit, the fees specified in this section shall be doubled. The
payment of this fee shall not relieve any person from fully complying with the
requirements of this code in the execution of the work or from any penalties or
enforcement action arising from a person's failure to timely obtain the requisite permit.
Section 3: That Chapter 18 "Building and Building Regulations," Article III
"Electrical Code," Division 4 "Permits and Inspections," Section 18 -255 "Fees" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended by adding subsection (d) to read as
follows:
CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE III. ELECTRICAL CODE
DIVISION 4. PERMITS AND INSPECTIONS
Sec. 18 -255. Fees.
(d) If work for which an electrical permit is required by this code is commenced prior to
obtaining the required permit, the fees specified in this section shall be doubled. The
payment of this fee shall not relieve any person from fully complying with the
® requirements of this code in the execution of the work or from any penalties or
enforcement action arising from a person's failure to timely obtain the requisite permit.
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Section 4: That Chapter 18 "Building and Building Regulations," Article IV
"Plumbing Code," Section 18 7462 "Amendments, deletions and modifications" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to add subsection (e) to read as follows:
CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE IV. PLUMBING CODE
Sec. 18 -462. Amendments, deletions and modifications.
(e) If -work for which a plumbing permit is required by this code is commenced prior to
obtaining the required permit, the fees specified in this section shall be doubled. The
payment of this fee shall not relieve any person from fully complying with the
requirements of this code in the execution of the work or from any penalties or
enforcement action arising from a person's failure to timely obtain the requisite permit.
Section 5: That Chapter 18 "Building and Building Regulations," Article V
"Mechanical Code," Division 4 "Licenses and Permits," Section 18 -589 "Fees" of the Code of
Ordinances, City of Baytown, Texas, is hereby amended to add subsection (d) to read as follows:
CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE V. MECHANICAL CODE
DIVISION 4. LICENSES AND PERMITS
Sec. 18 -589. Fees.
(d) If work for which a mechanical permit is required by this code is commenced prior to
obtaining the required permit, the fees specified in this section shall be doubled. The
payment of this fee shall not relieve any person from fully complying with the
requirements of this code in the execution of the work or from any penalties or
enforcement action arising from a person's failure to timely obtain the requisite permit.
Section 6: That Chapter 18 "Building and Building Regulations," Article VI
"Minimum Property Standards," Division 2 "One- and Two - Family Dwellings and
Townhouses," Section 18 -651 "Residential code adopted" of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
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CHAPTER 18. BUILDING AND BUILDING REGULATIONS
ARTICLE VI. MINIMUM PROPERTY STANDARDS
DIVISION 2. ONE - AND TWO- FAMILY DWELLINGS AND TOWNHOUSES
Sec. 18 -651. Residential Code adopted.
(a) The 2000 edition of the Internatioi
adopted and incorporated as fully as if
therein shall be controlling in the design,
alteration, repair, location, relocation, rep
two- family dwellings and townhouses in 1
the city clerk.
(b) Any person who shall violate any
any amendment thereto as specified in S
provided in section 1 -14.
Residential Code, as amended in section 18 -652, is
forth at length in this section and the provisions
struction, quality of materials, erection, installation,
-ment, addition to, use or maintenance of one- and
city. A copy of this code is on file in the office of
ision of the standards adopted in this section or
a 18 -652 shall upon conviction be punished as
Section 7: That Chapter 18 "Building and Building Regulations," Article VI
"Minimum Property Standards," Division 2 "One - and Two- Family Dwellings and
Townhouses," Section 18 -652 "Amendments to the residential code" of the Code of Ordinances,
City of Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDINT AND BUILDING REGULATIONS
ARTICLE VI. MINIMUM PROPERTY STANDARDS
DIVISION 2. ONE- AND TWO - FAMILY DWELLINGS AND TOWNHOUSES
Sec. 18 -652. Amendments to the residential code.
The residential code adopted in section 18 -651 shall be amended as follows:
Section R105.2 Work exempt from permit is amended, in part, to read as follows:
1. One story detached accessory structures, provided the floor area does not exceed
120 square feet (10.80 m2). All accessory structures shall meet the required
setbacks of this code and shall be tied down on all four corners by the use of
mobile home of manufactured home tie downs or other methods approved by the
chief building official to secure the structure against uplift, sliding, rotation and
overturning.
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2. Deleted.
5. Sidewalks not in the public right —of -way and patios or porches that are not more
than thirty inches (30 ") above grade and do not support walls or a roof.
Section RI05.5 Expiration is amended to read as follows:
Every permit issued shall become invalid unless (i) the work authorized by such permit is
commenced and an inspection is performed by the chief building official within 180 days
after its issuance, or (ii) the work authorized by such permit is extended by the chief
building official in accordance with this section. The chief building official is authorized
to grant, in writing, one or more extensions of time, for periods not more than 180 days
each. The extension shall be requested in writing and justifiable cause demonstrated.
Section R105.7 Placement of Permit is amended to read as follows:
Work requiring a permit shall not commence until the permit holder or his agent posts the
permit card in a conspicuous place on the premises visible from the street. The permit
shall be protected from the weather and located in such position as to permit the chief
building official to conveniently make the required entries thereon. This permit card shall
be maintained in such position by the permit holder until the certificate of occupancy or
completion is issued by the chief building official.
Section R108.2 Schedule of permit fees is amended to read as follows:
On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations
requiring a permit, a fee for each permit shall be paid as required, in accordance with the
fee schedules established in sections 18 -127, 18 -255, 18 -462 and 18 -589.
Section R112 Board of Appeals is amended to read as follows:
Section R112 Board of Appeals is repealed in it entirety and replaced by Chapter 18,
Article II, Division 2. Any reference to the Board of Appeals in the code adopted in
section 18 -651 shall mean and refer to the Construction Board of Adjustments and
appeals established in Chapter 18, Article II, Division 2 of this code.
Section 403.1.7.3 Foundation Elevation is amended to change the minimum 12 -inch elevation.to
a minimum of 18 inches.
Part VIII Electrical is amended to add:
Wherever differences may occur between the International Residential Code, Part VIII
Electrical and (i) NFPA 70, the National Electrical Code or (iii) Chapter 18, Article III of
this code, the provision of NFPA 70, the National Electrical Code and Chapter 18, Article
III of this code shall take precedence.
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Section 8: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
FIVE HUNDRED AND NO /100 DOLLARS ($500.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 9: All ordinances or parts of ordinances inconsistent with the terms 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 10: If any provision, section, exception, subsection, paragraph, sentence, clause
or phrase of the ordinance or the application of same to any person or the set of circumstances,
shall for any reason be held unconstitutional, void or invalid, such invalidity shall not effect the
validity of the remaining provisions of this ordinance or their application to other persons or sets
of circumstances and to this end all provisions of this ordinance are declared to be severable.
Section 11: This ordinance shall take effect from and after ten (10) days from its passage
by the City Council. The City Clerk is hereby directed to give notice hereof by causing the
caption of this ordinance to be published in the official newspaper of the City of Baytown at least
twice within ten (10) days after the passage of this ordinance.
INTRODUCED, READ, AND PASSED by the affirmative vote of the City Council of
Baytown, this the 13th day of December, 2001.
ATTEST: r
U ;_Y SMITH, City Clerk
APPROVED AS TO FORM:
u
ACIO RAMIREZ, W., City Attorney
c:klh280\ Council\ Ordinances \AdoptResidentialCode121101
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PETE C. ALFARO, Mayor