Ordinance No. 9,337•
Published in the Baytown
Sun on April 5, 2002 and
April 6, 2002
ORDINANCE NO. 9337
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS AMENDING CHAPTER 18 `BUILDINGS AND BUILDING
REGULATIONS," ARTICLE II `BUILDING CONSTRUCTION
STANDARDS," DIVISION 3 "BUILDING CODE," SECTION 18 -91
"ADOPTED" AND SECTION 18 -92 "AMENDMENTS "; CHAPTER 18
"BUILDINGS AND BUILDING REGULATIONS," ARTICLE II `BUILDING
CONSTRUCTION STANDARDS," DIVISION 4 `BUILDINGS AND
DEVELOPMENT PERMITS," SECTION 18 -129 "DEMOLITION,"
SUBSECTION (A); CHAPTER 18 `BUILDINGS AND BUILDING
REGULATIONS," ARTICLE III "ELECTRICAL CODE," DIVISION 4
"PERMITS AND INSPECTIONS," SECTION 18 -268 "CONDEMNATION OF
PROPERTY "; CHAPTER 18 `BUILDINGS AND BUILDING
REGULATIONS," ARTICLE III, "ELECTRICAL CODE," DIVISION 6
"STANDARDS," SECTION 18 -431 "COMPLIANCE WITH ARTICLE,
ELECTRICAL CODE AND UTILITY COMPANY SPECIFICATIONS";
CHAPTER 18 `BUILDINGS AND BUILDING REGULATIONS," ARTICLE
IV "PLUMBING CODE," SECTION 18 -461 "ADOPTED" AND SECTION 18-
462 "AMENDMENTS "; CHAPTER 18 `BUILDINGS AND BUILDING
REGULATIONS," ARTICLE V "MECHANICAL CODE," DIVISION 3
"STANDARDS," SECTION 18 -556 "CODE ADOPTED" AND SECTION 18-
557 "AMENDMENTS" OF THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS; REPEALING CHAPTER 18, `BUILDINGS AND
BUILDING REGULATIONS," ARTICLE II, "BUILDING CONSTRUCTION
STANDARDS," DMSION 3 "BUILDING CODE," SECTION 18 -93
"CONCRETE SLABS," OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS; RENUMBERING CHAPTER 18 `BUILDINGS AND BUILDING
REGULATIONS," ARTICLE VI "MINIMUM PROPERTY STANDARDS,"
ARTICLE VII "HOUSE MOVING," ARTICLE VIII "HOUSE LEVELING,"
ARTICLE IX "FENCING," ARTICLE X "SWUNAMING POOLS AND SPAS,"
AND ARTICLE XI "LANDSCAPING" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS; AMENDING CHAPTER 18 `BUILDINGS AND
BUILDING REGULATIONS," TO ADD THE NEW ARTICLES TO BE
NUMBERED AND ENTITLED ARTICLE VI "INTERNATIONAL FUEL GAS
CODE," ARTICLE VII "INTERNATIONAL PROPERTY MAINTENANCE
CODE," AND ARTICLE VW "INTERNATIONAL ENERGY
CONSERVATION CODE" TO THE CODE OF ORDINANCES, BAYTOWN,
TEXAS; AMENDING CHAPTER 18, "BUILDINGS AND BUILDING
REGU.LATIONS," OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, BY ADDING A NEW ARTICLE NUMBERED AND
ENTITLED ARTICLE IX "MINIMUM PROPERTY STANDARDS ";
AND AMENDING CHAPTER 38 "FIRE PREVENTION AND PROTECTION,"
ARTICLE III "FIRE PREVENTION STANDARDS," AND SECTION 38 -61
"CODE ADOPTED," AND SECTION 38 -67 "LIMITS FOR STORAGE OF
CERTAIN COMBUSTIBLES" OF THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS; PRESCRIBING A MAXIMUM PENALTY OF
FIVE HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A
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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 II,
"Building Construction Standards," Division 3 `Building Code," Section 18 -91 "Adopted," 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
See. 18-91. Adopted.
(a) Except as provided in this division, the International Building Code, 2000 edition,
published by the International Code Council, as amended in section 18 -92, is adopted and
incorporated as fully as if set forth at length in this section and the provisions therein
shall be controlling in the design, construction, quality of materials, erection, installation,
alteration, repair, location, relocation, replacement, addition to, use and maintenance of
buildings and structures within the city limits. One copy of the building code is on file in
the office of the city clerk.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in section 1 -14.
Section 2: That Chapter 18, `Buildings and Building Regulations," Article II,
"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:
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CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE II. BUILDING CONSTRUCTION STANDARDS
DIVISION 3. BUILDING CODE
See. 18-92. Amendments.
The building code adopted in section 18 -91 shall be amended as follows:
Section 102.6.b "Building conservation districts" shall be added to read as follows:
The provisions of chapter 34 of this code relating to the construction, alteration,
repair, enlargement, restoration, relocation or moving of buildings or structures
shall be applicable 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 105.2 "Work exempt from permit" is amended, in part, to read as follows:
Building:
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 or manufactured home tie downs or other methods
approved by the chief building official to secure the structure against
uplift, sliding, rotation and overturning.
2. Deleted.
6. 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.
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® Section 105.5 "Expiration" is amended to read as follows:
Every permit issued shall become invalid upon the expiration of 180 days after its
issuance unless (1) the work authorized by such permit is commenced and an
inspection'is performed by the chief building official within the 180 -day period,
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 105.7 "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 110.2 "Change in use" is amended to read as follows:
110.2 Change in use, ownership or tenant. Changes in the character, use,
ownership or tenant of an existing structure shall require the issuance of an
occupancy permit when no modifications are made that would require permits as
defined in section 105. inspections shall be performed on the building, electrical,
gas, mechanical and plumbing systems to assure compliance as specified in
chapter 34. Upon approval a new certificate of occupancy shall be issued.
Exception: Change of ownership or tenant of dwelling units shall not require an
occupancy permit.
Section 112 "Board of appeals" is deleted in its entirety and replaced by division 2 of article H of
this chapter of the code of ordinances. All references to board of appeals in the code adopted in
section 18 -91 shall mean and refer to the construction board of adjustment and appeals.
Section 1805.3.4 "Foundation elevation" is amended to read as follows:
On graded sites, the top of any exterior foundation shall extend above the
elevation of the street gutter at point of discharge or the inlet of an approved
drainage devise or the base flood elevation if located in a flood plain, a minimum
of 18 inches plus 2 percent. Alternate elevations are permitted subject to the
approval of the building official, provided it can be demonstrated that required
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drainage to the point of discharge and away from the structure is provided at all
locations on the site. A registered surveyor shall certify the finished floor
elevation to be in compliance with this section. A copy of such certification shall
be presented to the building official prior to issuance of the certificate of
occupancy.
Section 1805.3.4.a. "Setback survey" shall be added to read as follows:
1805.3.4.a. Setback survey. A registered surveyor shall certify the building
setbacks are in compliance with those established in the code of ordinances. A
copy of such certification shall be presented to the building official prior to
placement of foundation concrete.
Section 3: That Chapter 18, `Buildings and Building Regulations," Article II,
"Building Construction Standards," Division 3 `Building Code," Section 18 -93 "Concrete
slabs," of the Code of Ordinances, Baytown, Texas, is hereby repealed in its entirety.
Section 4: That Chapter 18, `Buildings and Building Regulations," Article III,
"Electrical Code," Division 4 "Permits and Inspections," Section 18 -129 "Demolition,"
Subsection (a) of the Code of Ordinances, Baytown, Texas, is hereby amended to read as
follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE III. ELECTRICAL CODE
DIVISION 4. PERMITS AND INSPECTIONS
Sec. 18 -129. Demolition.
(a) The chief building official shall order the owner of any premises upon which is located
any building, structure or portion thereof, whether permanent or temporary,
(1) for which a permit was required but never issued or;
(ii) for which a certificate of occupancy was not obtained and on which there
has been a cessation of normal construction for a period of more than two
years as determined by the chief building official,
to raze and remove such structure. Such structure is declared to be a public nuisance.
Section 5: That Chapter 18, "Buildings and Building Regulations," Article II,
"Electrical Code," Division 4 "Permits and Inspections," Section 18 -268 "Condemnation of
property" of the Code of Ordinances, Baytown, Texas is hereby amended to read as follows:
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• CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE III. ELECTRICAL CODE
DIVISION 4. PERMITS AND INSPECTIONS
Sec. 18 -268. Condemnation of property.
When a structure or equipment is found by the building official to be unsafe, or when a structure
is found unfit for human occupancy, or is found unlawful, such structure shall be condemned
pursuant to the provisions of this code.
Section 6: That Chapter 18, "Buildings and Building Regulations," Article III,
"Electrical Code," Division 6 "Standards," Section 18 -431 "Compliance with article, electrical
code and utility company specifications" of the Code of Ordinances, Baytown, Texas, is hereby
amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE III. ELECTRICAL CODE
DIVISION 6. STANDARDS
Sec. 18 -431. Compliance with article, electrical code and utility company specifications.
(a) All electrical construction and all materials and appliances used in connection with the
installation, maintenance and operation of electrical wiring, apparatus or equipment for
the utilization of electrical energy for light, heat or power inside the city limits shall
conform to such special rules and regulations as may be embodied in this article, to the
published rules and regulations of the National Electrical Code, 2002 edition, published
by the National Fire Protection Association, and to the electric public utility company's
meter loop specifications. Evidence that electric equipment is suitably safe to persons and
property is solely based upon Underwriters' Laboratories, Inc., or other nationally
recognized testing institute's approval.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in section 1 -14.
Section 7: That Chapter 18, `Buildings and Building Regulations," Article N,
"Plumbing Code," Section 18 -461 "Adopted" of the Code of Ordinances, Baytown, Texas, is
hereby amended to read as follows:
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® CHAPTER 18. BUILDINGS- AND BUILDING REGULATIONS
ARTICLE IV. PLUMBING CODE
Sec. 18 -461. Adopted.
(a) The International Plumbing Code, 2000 edition, published by the International Code
Council, Inc., as amended in section 18 -462, is adopted as the plumbing code of the city
and is made a part of this article for all intents and purposes. One copy of the plumbing
code is on file in the office of the city clerk.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in section 1 -14.
Section 8: That Chapter 18, `Buildings and Building Regulations," Article IV
"Plumbing Code," Section 18 -462 "Amendments" of the Code of Ordinances, Baytown, Texas is
hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE IV. PLUMBING CODE
Sec. 18 -462. Amendments.
The plumbing code adopted in section 18 -461 shall be amended as follows
Section 106.5.a "Placement of Permit" is added to read as follows:
106.5.a Placement of Permit. 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 card 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 106.5.3 "Expiration" is amended to read as follows:
Every permit issued shall become invalid upon the expiration of 180 days after its
issuance unless (i) the work authorized by such permit is commenced and an
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inspection is performed by the chief building official within the 180 -day period,
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 106.6.2 "Fee schedule" is amended to read as follows:
The fees for all plumbing work shall be as indicated in section 18 -255 of the code
of ordinances.
Section 106.6.2 "Fee schedule" is amended to add subsection (f) to read as follows:
(f) Fuel gas piping may be included as part of a plumbing permit when
identified on the permit application.
Section 109 `Board of appeals" is deleted in its entirety and replaced by division 2 of article It of
chapter 18 of the code of ordinances. All references to board of appeals in the code adopted in
section 18 -461 shall mean and refer to the construction board of adjustment and appeals.
Section 917 "Air admittance valves" is amended to read as follows:
Section 917.4 Location. The air admittance valves shall not be located inside
buildings.
Section 9: That Chapter 18, "Buildings and Building Regulations," Article V,
"Mechanical Code," Division 3 "Standards," Section 18 -556 "Code adopted" of the Code of
Ordinances, Baytown, Texas is hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE V. MECHANICAL CODE
DIVISION 3. STANDARDS
Sec. 18 -556. Code adopted.
(a) The International Mechanical Code, 2000 edition, as published by the International Code
. Council, Inc., as amended in section 18 -557, is adopted as the mechanical code of the city
and is made a part of this article for all intents and purposes. A copy of the mechanical
code is filed in the office of the city clerk.
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(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in section 1 -14.
Section 10: That Chapter 18, "Buildings and Building Regulations," Article V
"Mechanical Code," Division 3 "Standards," Section 18 -557 "Amendments" of the Code of
Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE V. MECHANICAL CODE
DIVISION 3. STANDARDS
Sec. 18 -557. Amendments.
The mechanical code adopted in section 18 -556 shall be amended as follows:
Section 106.3.a "Placement of Permit" is added to read as follows:
106.3.a Placement of Permit. 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 card 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 106.4.3 "Expiration" is amended to read as follows:
Every permit issued shall become invalid upon the expiration of 180 days after its
issuance unless (i) the work authorized by such permit is commenced and an
inspection is performed by the chief building official within the 180 -day period,
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 109 "Board of appeals" is deleted in its entirety and replaced by division 2 of article H of
chapter 18 of the code of ordinances. All references to board of appeals in the code adopted in
section 18 -556 shall mean and refer to the construction board of adjustment and appeals.
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Section 11: That Chapter 18 `Buildings and Building Regulations," Article VI
"Minimum Property Standards" of the Code of Ordinances, Baytown, Texas, is hereby
renumbered as Chapter 18 `Buildings and Building Regulations," Article IX "Minimum Property
Standards" of the Code of Ordinances, Baytown, Texas. The sections thereunder shall be
renumbered accordingly.
Section 12: That Chapter 18 "Buildings and Building Regulations," Article VII
"House Moving" of the Code of Ordinances, Baytown, Texas, is hereby renumbered as Chapter
18 `Buildings and Building Regulations," Article X "House Moving" of the Code of Ordinances,
Baytown, Texas. The sections thereunder shall be renumbered accordingly.
Section 13: That Chapter 18, `Buildings and Building Regulations," Article VIII
"House Leveling" of the Code of Ordinances, Baytown, Texas, is hereby renumbered as Chapter
18 "Buildings and Building Regulations," Article XI "House Leveling" of the Code of
Ordinances, Baytown, Texas. The sections thereunder shall be renumbered accordingly.
Section 14: That Chapter 18, "Buildings and Building Regulations," Article IX
"Fencing" of the Code of Ordinances, Baytown, Texas, is hereby renumbered as Chapter 18
"Buildings and Building Regulations," Article XU "Fencing" of the Code of Ordinances,
Baytown, Texas. The sections thereunder shall be renumbered accordingly.
Section 15: That Chapter 18 "Buildings and Building Regulations," Article X
"Swimming Pools and Spas" of the Code of Ordinances, Baytown, Texas, is hereby renumbered
as Chapter 18, "Buildings and Building Regulations," Article XIII "Swimming Pools and Spas"
of the Code of Ordinances, Baytown, Texas. The sections thereunder shall be renumbered
accordingly.
Section 16: That Chapter 18 "Buildings and Building Regulations," Article XI
"Landscaping" of the Code of Ordinances, Baytown, Texas, is hereby renumbered as Chapter 18
"Buildings and Building Regulations," Article XIV "Landscaping" of the Code of Ordinances,
Baytown, Texas. The sections thereunder shall be renumbered accordingly.
Section 17: That Chapter 18, "Buildings and Building Regulations," of the Code of
Ordinances, Baytown, Texas, is hereby amended by adding a new article numbered and entitled
Article VI "International Fuel Gas Code" to read as follows:
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® CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE VI. INTERNATIONAL FUEL GAS CODE
DIVISION 1. GENERALLY
Section 18 -621. Purpose
This article is declared to be remedial and shall be construed to secure the beneficial interest and
purposes thereof, which are the health, sanitation, general public safety and welfare of the
citizens of the city, by regulating the installation and maintenance of all fuel gas systems.
DIVISION 2. STANDARDS
Sec. 18 -622. Code adopted.
(a) The city adopts the International Fuel Gas Code, 2000 edition, published by the
International Code Council, Inc., as amended in section 18 -623. A copy of the fuel gas
code is filed in the office of the city clerk.
(b) If a section of this article is found to be in co�flict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant .thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the Istandards adopted or established in this
article shall upon conviction be punished as provided in section 1 -14.
Sec. 18 -623. Amendments.
The fuel gas code adopted in section 18 -622 shall be amended as follows:
Section 106.3.a "Placement of Permit" is added to read aS follows:
106.3.a Placement of Permit. Work requiring aipen-nit 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 card 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 holderluntil the certificate of occupancy
or completion is issued by the chief building official.
® Section 106.4.3 "Expiration" is amended to read as fo
Every permit issued shall become invalid upon t�e expiration of 180 days after its
issuance unless (i) the work authorized by su h permit is commenced and an
® inspection is performed by the chief building official within the 180 —day period,
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.
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Section 106.5.2 Fee schedule
(a) All fuel gas permit fees must be paid before any project is started. The schedule of fees is
as follows:
Fuel gas fees:
(Fees shall be computed on the "total valuation of work," the dollar value of labor and materials
(total cost to the customer).)
VALUATION OF WORK
FEE
Not more than $2,000.00
$35.00
Over $2,000.00 to $50,000.00
$35.00 for the first $2,000.00 plus $1.50 for
or
each additional $1,000.00, or fraction thereof
Over $50,000.00 to $500,000.00
$107.00 for the first $50,000.00 plus $1.00 for
eater.
each additional $1,000.00, or fraction thereof
$35.00 per hour (minimum charge -- one hour)
$557.00 for the first $500,000.00 plus $3.00
Over $500,000.00
for each additional $1,000.00, or fraction
eater.
thereof
Inspection and Plan Review Fees:
$35.00 per hour (minimum charge -- two
hours)
Inspections outside of normal business hours
or
total hourly cost to the city, whichever is
eater.
$35.00 per hour (minimum charge -- one hour)
Reinspection fees
or
total hourly cost to the city, whichever is
eater.
$35.00 per hour (minimum charge — one hour)
Inspections for which no fee is specifically
or
indicated
total hourly cost to the city, whichever is
eater.
Plan review fee Commercial only)
50% of permit fee
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r:
Inspection and Plan Review Fees:
$35.00 per hour (minimum charge -- one hour)
Additional plan review required by changes,
or
additions or revisions to plans
total hourly cost to the city, whichever is
eater.
For use of outside consultants for plan
Actual costs, including but not limited to
checking and inspections, or both
administrative and overhead costs.
(b) Reinspection fees shall be assessed for each inspection or reinspection when such portion
of work for which the inspection is called is not complete, corrections called for are not
made or any portion of the structure is inaccessible.
Section 107.5.a "Discontinued gas service" is added to read as follows:
When gas service has been discontinued to a gas system for any reason the entire
system shall be tested in accordance with section 406, before gas service will be
reconnected.
Section 109 "Board of appeals" is deleted in its entirety and replaced by division 2 of article II of
chapter 18 of the code of ordinances. All references to board of appeals in the code adopted in
section 18 -622 shall mean and refer to the construction board of adjustment and appeals
Section 18: That Chapter 18, "Buildings and Building Regulations," of the Code of
Ordinances, Baytown, Texas, is hereby amended by adding a new article numbered and entitled
Article VII "International Property Maintenance Code" to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE VII. INTERNATIONAL PROPERTY MAINTENANCE CODE
DIVISION 1. GENERALLY
Section 18 -624. Purpose
This article is declared to be remedial and shall be construed to secure it's expressed intent,
which is to ensure public health, safety and welfare insofar as they are affected by the continued
occupancy and maintenance of structures and premises.
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DIVISION 2. STANDARDS
Sec. 18 -625. Code adopted.
(a) The city adopts the International Property Maintenance Code, 2000 edition, published by
the International Code Council, Inc., as amended in section 18 -626. A copy of the
property maintenance code is filed in the office of the city clerk.
(b) The provisions in the property maintenance code shall apply to all existing residential and
nonresidential structures and all existing premises and constitute minimum requirements
and standards for premises, structures, equipment, and facilities maintenance.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in section 1 -14.
Sec. 18 -626. Amendments.
The property maintenance code adopted in section 18 -625 shall be amended as follows:
Section 111 `Board of appeals" is deleted in its entirety and replaced by division 2 of article II of
chapter 18 of the code of ordinances. All references to board of appeals in the code adopted in
section 18 -625 shall mean and refer to the urban rehabilitation standards review board.
Section 19: That Chapter 18 "Buildings and Building Regulations," of the Code of
Ordinances, Baytown, Texas, is hereby amended by adding a new article numbered and entitled
Article VIII "tnternational Energy Conservation Code" to read as follows:
ARTICLE VIII. INTERNATIONAL ENERGY CONSERVATION CODE
DIVISION 1. GENERALLY
Section 18 -627. Purpose
This article is declared to be remedial and establishes minimum prescriptive and performance -
related regulation for the design of energy - efficient buildings and structures for the effective use
of energy.
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DIVISION 2. STANDARDS
Sec. 18 -628. Code adopted.
(a) The city adopts the International Energy Conservation Code, 2000 edition, published by
the International Code Council, Inc., as amended in section 18 -629. A copy of the energy
conservation code is filed in the office of the city clerk.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in section 1 -14.
Sec. 18 -629. Amendments.
The provisions of the International Energy Conservation Code shall not become effective until
September 1, 2002.
Section 20: That Chapter 18, "Buildings and Building Regulations," of the Code of
Ordinances, Baytown, Texas, is hereby amended by adding a new article numbered and entitled
Article IX "Minimum Property Standards" to read as follows:
CHAPTER 18. BUILDINGS AND BUILDING REGULATIONS
ARTICLE IX. MINIMUM PROPERTY STANDARDS
DIVISION 2. ONE - AND TWO - FAMILY DWELLINGS AND TOWNHOUSES
Sec. 18 -651. Residential code adopted.
(a) The 2000 edition of the International Residential Code, as amended in section 18 -652, is
adopted and incorporated as fully as if set forth at length in this section and the provisions
therein shall be controlling in the design, construction, quality of materials, erection,
installation, alteration, repair, location, relocation, replacement, addition to, use or
maintenance of one - and two- family dwellings and townhouses in the city. A copy of this
code is on file in the office of the city clerk.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
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® (c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in section 1 -14.
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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 or manufactured home tie downs or other methods approved by the
chief building official to secure the structure against uplift, sliding, rotation and
overturning.
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 R105.5 "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.
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0 Section R108.2 "Schedule of permit fees" is amended to read as follows:
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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 read as follows:
On graded sites, the top of any exterior foundation shall extend above the
elevation of the street gutter at point of discharge or the inlet of an approved
drainage devise or the base flood elevation if located in a flood plain, a minimum
of 18 inches plus 2 percent. Alternate elevations are permitted subject to the
approval of the building official, provided it can be demonstrated that required
drainage to the point of discharge and away from the structure is provided at all
locations on the site. A registered surveyor shall certify the finished floor
elevation to be in compliance with this section. A copy of such certification shall
be presented to the building official prior to issuance of the certificate of
occupancy.
Section 403.1.7.3.a "Setback survey" shall be added to read as follows:
403.1.7.3.a. Setback survey. A registered surveyor shall certify the building
setbacks are in compliance with those established within the City of Baytown
code of ordinances. A copy of such certification shall be presented to the building
official prior to placement of foundation concrete.
Part VIII "Electrical" is amended to add the following:
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 the code of ordinances shall take precedence.
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® Section 21: That Chapter 38, "Fire Prevention and Protection," Article III "Fire
Prevention Standards," Section 38 -61 "Code adopted" of the Code of Ordinances, Baytown,
Texas, is hereby amended to read as follows:
CHAPTER 38 FIRE PREVENTION AND PROTECTION
ARTICLE III. FIRE PREVENTION STANDARDS
Sec. 38 -61. Code adopted.
(a) Except as may otherwise be provided in this chapter, the International Fire Code, 2000
edition, published by the International Code Council, Inc., is adopted and incorporated as
fully as if set forth at length in this section. The fire prevention code adopted in this
section shall be controlling within the city limits. One copy of the fire prevention code is
on file in the office of the city clerk.
(b) If a section of this article is found to be in conflict with a provision of any zoning,
building, fire, safety or health ordinance or any regulation adopted pursuant thereto or
any other ordinance or code or regulation of the city, the provision which establishes the
higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this
article shall upon conviction be punished as provided in section 1 -14.
Section 22: That Chapter 38, "Fire Prevention and Protection," Article III "Fire
Prevention Standards," Section 38 -67 "Limits for storage of certain combustibles" of the Code
of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 38. FIRE PREVENTION AND PROTECTION
ARTICLE III. FIRE PREVENTION STANDARDS
Sec. 38 -67. Limits for storage of certain combustibles.
(a) The limits referred to in section 3404.2.9.5.1 of the fire prevention code adopted in this
article in which storage of flammable liquids in outside aboveground tanks is prohibited,
the limits referred to in section 3804.2 of the fire prevention code in which bulk storage
of liquefied petroleum gas is restricted and the limits referred to in section 3304 of the
fire prevention code in which storage of explosives and blasting agents is prohibited are
established as follows: the corporate limits of the city as now existing or hereafter
changed according to law.
(b) The storage of flammable or combustible liquids in aboveground tanks outside of
® buildings is prohibited within the limits set forth in subsection (a) of this section, unless
such tanks:
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(1) comply with all applicable provisions of chapter 2 of NFPA 30A, Automotive and
Marine Service Station Code, all amendments thereto and new additions thereof;
(2) are fire resistant and, as such, the construction of the tanks providing the required
fire- resistive protection shall prevent release of liquid, failure of the supporting
structure and impairment of venting for a period of not less than two hours when
tested using a fire exposure environment described in UL 2085, Outline of
Investigation for Insulated Aboveground Tanks for Flammable and Combustible
Liquids, as amended, or equivalent test procedure; and
(3) are not used in the operations of a retail service station.
Section 23: 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 N01100 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 24: 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 25: 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 26: 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 leas
twice within ten (10) days after the passage of this ordinance.
INTRODUCED, READ, AND PASSED by the affirmative vote or the City Council of
the City of Baytown, this the 28`h day of March, 2002.
4� C.
® PETE C. ALFARO, Mayor
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ATTEST: "o , I Z' ! ;5- ;>
aW. ej-
G ITH, City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, S . ity Attorney
FAKarenTilcs \City Council \Ordinances \Ordinance revisions for 2000 I- CodesClean.doc
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