CHAPTER 30

BUILDING INSPECTION

   ARTICLE I. BUILDING CODE*

   Sec. 30.01     Adopted

The International Building Code (“Building Code”), 2015 edition, is hereby adopted by reference. A copy shall be kept on file in the office of the City Secretary. Unless deleted, amended, expanded or otherwise changed herein, all provisions of the Building Code shall be fully applicable, binding, of full force and effect within the city. (Ordinance 4306, sec. 1, adopted 2/21/89; Ordinance 4558, sec. 1, adopted 2/4/92; Ordinance 4847, sec. 1, adopted 3/7/95; Ordinance 5371, sec. 1, adopted 6/1/99; Ordinance 5628, sec. 1, adopted 2/19/02; Ordinance 5977, sec. 1, adopted 3/7/06; Ordinance 6506, sec. 1, adopted 12/6/11; Ordinance 6850, sec. 1, adopted 8/16/16)

   Sec. 30.02     Amendments, modifications and deletions

The following sections of the International Building Code, as adopted in section 30.01 above, are amended as described below:

Section 101.1 Title shall be amended to read as follows:

101.1 Title. These regulations shall be known as the Building Code of the City, hereinafter referred to as “the Building Code.”

Section 101.4 Referenced Codes, shall be amended to read as follows:

101.4 Referenced Codes. The other Codes listed in sections 101.4.1 thru 101.4.8 and referenced elsewhere in the Building Code, when specifically adopted, shall be considered part of the requirements of the Building Code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced Codes and standards, each reference to that Code or standard shall be considered to reference the amendments as well. Any reference to the International Electrical Code or NFPA 70 shall mean the Electrical Code as adopted and amended by the Code of Ordinances.

Section 101.4.4 Property maintenance shall be amended to read as follows:

101.4.4 Property maintenance. The provisions of the International Property Maintenance Code shall apply to existing nonresidential structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing nonresidential premises and structures.

Section 101.4.7 Existing buildings shall be amended to read as follows:

101.4.7 Existing buildings. Repair, alternations, additions, relocation and changes in occupancy shall conform to the provisions of this Code for a new building. As an alternate method of construction and in conformance with section 104.11 an applicant may submit for approval a design in conformance with the International Existing Building Code. Such design may be approved by the Building Official provided the proposed design is satisfactory and complies with the intent of the provisions of this Code.

Section 101.4.8 Electrical shall be added to read as follows:

101.4.8 Electrical. The provisions of the Electrical Code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.

Section 103.1 Creation of enforcement agency shall be amended to read as follows:

103.1 Creation of enforcement agency. The Building Inspection Department shall enforce the provisions of this Code. The official in charge shall be the Building Official.

Section 105.2 Work exempt from permit shall be amended to read as follows:

First paragraph remains unchanged.

Building.

1.     One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 20 square feet.

2.     Oil derricks.

3.     Retaining walls which are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding class I, II, or III-A liquids.

4.     Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

5.     Temporary motion picture, television and theater stage sets and scenery.

6.     Prefabricated swimming pools accessory to a group R-3 occupancy that are less than 24 inches deep, do not exceed 5,000 gallons, and are installed entirely above ground.

7.     Swings and other playground equipment accessory to detached one- and two-family dwellings.

8.     Movable cases, counters and partitions not over 5 feet 9 inches in height.

9.     Uncovered decks not over 30 inches in height above grade.

10.     Minor foundation repair and roof repair of less than $2,000.00.

Section 105.5 Expiration shall be amended to read as follows:

105.5 Expiration. An individual permit issued by the Building Official shall expire by limitation and become null and void on the expiration of 2 years after its issuance if no progress has been made toward the completion of the project, or upon expiration of the project. (A project shall expire immediately after the fifth anniversary of the date the first permit application was filed for the project if no progress had been made towards completion of the project.) Once a permit for particular work has expired, a new permit must be applied for and obtained before the work can be commenced. The permit fee shall be the full amount required for a new permit for such work. The Building Official or his designee shall determine the extent to which the work must comply with any new regulations that were not in effect at the time the original permit was issued.

Section 107.1 General shall be amended by adding a new paragraph to the end of that section to read as follows:

A state-licensed architect shall prepare documents on all group E, division 3 daycare facilities over 5,000 square feet.

Section 107.2 Construction documents shall be amended by adding new subsections 107.2.7, 107.2.8 and 107.2.9 to read as follows:

107.2.7 Asbestos survey. An applicant for all public or commercial building renovation or demolition permits must provide evidence of an asbestos survey prior to the issuance of the permit.

107.2.8 TDLR-AB review. Plans and specifications shall be submitted to the Texas Department of Licensing and Regulation (“TDLR”) for review prior to submittal for review or permitting. Verification of project registration with TDLR shall be required prior to permit.

107.2.9 Stormwater pollution prevention plan. A stormwater pollution prevention plan (“SWPPP”) may be required in accordance with state, federal and local statute.

Section 109 Fees shall be amended by adding subsections 109.7, 109.8, 109.8.1, 109.8.2 and 109.9 [sic] to read as follows:

109.7 Reinspection fee. A fee as established by City Council resolution may be charged when:

1.     The inspection called for is not ready when the inspector arrives;

2.     No building address or permit card is clearly posted;

3.     City approved plans are not on the jobsite available to the inspector;

4.     The building is locked or work otherwise not available for inspection when called;

5.     The jobsite is red-tagged twice for the same item;

6.     The original red tag has been removed from the jobsite.

7.     Failure to maintain erosion control, trash control or tree protection.

8.     Work is concealed without required inspection.

9.     The applicant fails to provide means of access to the area subject to inspection.

Any reinspection fees assessed shall be paid before any more inspections are made on that jobsite.

109.8 Work without a permit.

109.8.1 Preliminary inspection. Whenever work for which a permit is required by this Code has been commenced without first obtaining a permit, a preliminary inspection may be made before a permit may be issued for such work.

109.8.2 Fees. Permit fees may be doubled when work is commenced prior to obtaining a permit.

Section 110.3.8 Other inspections shall be amended by adding a sentence to the end of that section to read as follows:

A stormwater pollution prevention plan (“SWPPP”) and inspection may be required.

Section 111 Certificate of occupancy is amended in its entirety to read as follows:

SECTION 111 CERTIFICATE OF OCCUPANCY.

111.1 Use or occupancy. A building or structure shall not be used or operated, and a change in the existing use or occupancy classification of a building or structure or a portion thereof shall not be made, until the Building Official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this Code or of other ordinances of the jurisdiction. Dwellings are exempted from the foregoing requirements.

The Building Inspection Department may issue a single certificate of occupancy for multi-tenants in one lease space or building when the occupants share common areas or staff and related activities which are under the control of a single person or business.

A certificate of occupancy shall be obtained for a building, structure or land when there is a change in classification of use as provided by the Garland Development Code (GDC) when there is a change as provided by the Building Code, or when there is a change in tenants of the building, structure or land.

111.2 Certificate issued. After all necessary inspections have been conducted by the City and when it is determined that there is no probable cause to believe that the buildings, structures or land do not comply with an applicable provision of the Code of Ordinances, the Building Official shall issue a certificate of occupancy containing the following:

(1)     The address of the location of the building, structure or land.

(2)     The name of the tenant occupying or using the building, structure, or land.

(3)     A statement as to the approved use of the building, structure or land.

(4)     The allowable occupant load for assembly uses.

(5)     Any other information deemed necessary by the Building Inspection Department.

Approved use is based upon an applicant's representations as to the use of the building, structure, or land. The use approved by the Building Official does not authorize any unlawful use of the building, land, or structure even if the City issues the certificate of occupancy.

111.3 Temporary occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Building Official shall set a time period during which the temporary certificate of occupancy is valid.

111.4 Revocation. The Building Official may suspend or revoke a certificate of occupancy when it is determined it was issued in error or on the basis of incorrect information; in the event of an unapproved addition or change in use or occupancy of the building, structure, land or any part thereof; or when it is determined that the building, structure, land or any portion thereof is in violation of any ordinance or regulation, or any provision of the applicable Zoning, Building or Fire Codes.

111.5 Posting. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official.

111.6 Fee. At the time that an application is made for a certificate of occupancy, a fee in the amount prescribed in the fee schedule (section 30.301 of chapter 30 of the Code of Ordinances) shall be paid.

Section 113 is amended in its entirety to read as follows:

SECTION 113 UNIFIED BUILDING STANDARDS COMMISSION.

113.1 Appeals. Any person aggrieved by any orders, decisions or determinations made by the Fire Code Official or the Building Official relative to the application and interpretation under the provisions of this Code, shall have the right to make an appeal to the Unified Building Standards Commission (“Commission”).

113.2 Time for filing appeal. The appeal must be in writing and received in the office of the Building Official within 30 days of the decision or ruling to be appealed, and must set forth the specific grounds for the appeal. The Building Official shall forward the appeal to the Commission, along with all material information constituting the record up which the decision was made.

113.3 Notice of hearing. The Commission shall meet upon notice from the Chairman and within 30 days of the date the appeal was filed with the Building Official.

113.4 Decision of Commission. The Commission shall render a written decision affirming, modifying, or reversing the decision of the Building Official, in whole or in part, within 30 days of the hearing, and may issue appropriate orders consistent with its decision. All decisions of the Commission shall be by a majority vote. The minutes of the meeting shall reflect how each of the Commission members participating in the decision voted. The decision of the Commission shall be filed promptly in the office of the Building Official and with the City Secretary. The Building Official shall be responsible for the enforcement of the Commission's decisions.

113.5 Commission composition.

113.5.1 Composition. The Commission shall consist of a minimum of 9 voting members who shall be appointed by the City Council. To be eligible for an appointment, a person must be resident of the City and must have resided within the City for a minimum of one (1) year prior to his or her appointment. The Commission shall consist of one qualified person with training and experience in the each of the following industries:

(a)     a member of the public;

(b)     architecture or technical design;

(c)     engineering;

(d)     commercial contracting;

(e)     a person with training and experience to pass on matters pertaining to hazards of fire, explosions, hazardous conditions or fire protection systems;

(f)     plumbing;

(g)     HVAC/mechanical contracting; and

(h)     electrical.

113.5.2 Terms. The term of office for members of the Commission shall be 2 years. The Building Official or his designee shall be an ex officio member of the Commission, without voting privileges.

113.5.3 Compensation. The members of the Commission shall serve without compensation.

113.5.4 Secretary. The Building Official or his or her designee shall act as secretary to the Commission, and shall be responsible for keeping written minutes, or an audio recording, of meetings.

113.5.5 Election of officers. The Commission shall elect by a majority vote persons desiring to serve as Chairman or Vice-Chairman of the Commission. Elections shall be held upon on a motion of a member of the Commission when seconded by another member. However, there shall not be more than one election per year except where the office is vacated.

113.6 Powers and duties.

113.6.1 Generally. The Commission shall meet upon call of the Chairman to consider proposed revisions to this Code, as needed for the consideration of appeals of decisions of the Building Official, to consider the time period of suspension of a person's ability to secure permits, or to perform other duties assigned to the Commission by the Code of Ordinances.

113.6.2 Amendments. The Commission shall recommend to the City Council amendments to Chapter 30 of the Code of Ordinances and the Fire Code provisions of Chapter 21 of the Code of Ordinances. Any interested person may submit proposed amendments to the Commission. The Commission shall consider the recommendation of the Building Official concerning any proposed amendment. In order for the Commission to recommend an amendment to the City Council, a concurring vote of two-thirds (2/3) of the members of the Commission present at the meeting is required.

113.6.3 Appeals. The Commission shall have the authority to hear appeals of decisions or rulings of the Building Official made under the provisions of the Building Code, Energy Conservation Code and chapters 1-11 of the Residential Code. The Commission shall have the authority to hear appeals of decisions or rulings of the Fire Marshal made under the provisions of the Fire Code. In that connection, the Commission shall have the limited power to determine whether the true intent of these Codes and the rules adopted thereunder have been correctly interpreted, whether the provisions of these Codes apply fully, or whether an equally good or better form or construction or material was proposed and may be used. The Commission shall have no power to limit, modify, change or waive any requirement of these Codes.

113.6.4 Suspension of permit privileges. A person's ability to secure permits may be suspended by the Building Official for a period specified by the Commission, for any of the following causes:

(a)     The person fails to finalize permits by obtaining the required approved inspections.

(b)     The person allows use or occupancy of the structure or facility without first obtaining the required authorization.

(c)     The person has been found by the Board to have been grossly negligent in the performance of the work.

(d)     Expiration, suspension or revocation of required license, bond or insurance.

113.7 Statutory Construction. Any reference to the following boards or commissions within this Code, or any board of appeals in a model code adopted by this Code of Ordinances, shall mean the Unified Building Standards Commission:

(a)     Building and Fire Codes Board,

(b)     Electrical Appeals Board,

(c)     Mechanical Appeals Board,

(d)     Plumbing Appeals Board,

(e)     Fuel and Gas Appeals Board,

(f)     Residential Appeals Board, or

(g)     Energy Conservation Appeals Board.

113.8 Conflict. To the extent that there is any express conflict between the provisions of this Code and any national or international model code adopted herein, the provisions of this Code shall control.

Section 117 Working hours, shall be added to read as follows:

SECTION 117 WORKING HOURS.

117.1 Hours established. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use, including multifamily uses, shall be allowed only between 7:00 a.m. and 8:00 p.m. each day of the week. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use, including multifamily uses, shall be prohibited between 8:00 p.m. and 7:00 a.m. each day of the week.

117.2 Other regulations unaffected. This section does not authorize violation of any other law or regulation.

117.3 Exceptions. These regulations do not affect emergency work being done to secure a structure or to reestablish utility service to a structure.

117.4 Variance. The director of health, in accordance with section 22.76 of the Code of Ordinances, may issue a permit of variance to these regulations.

Section 202 Definitions shall be amended by changing the following definitions of to read as follows:

ATRIUM. An opening connecting three or more stories other than enclosed stairways, elevators, hoistways, escalators, plumbing, electrical, air-conditioning or other equipment, which is closed at the top and not defined as a mall. Stories, as used in this definition, do not include balconies within assembly groups or mezzanines that comply with section 505 of the Building Code.

AMBULATORY CARE FACILITY. Buildings or portions thereof used to provide medical, surgical, psychiatric, nursing or similar care on a less than 24-hour basis to individuals who are rendered incapable of self-preservation by the services provided. This group may include but not be limited to the following:

- Dialysis centers

- Sedation dentistry

- Surgery centers

- Colonic centers

- Psychiatric centers

ASSISTED LIVING FACILITIES. A building or part thereof housing persons, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff.

HIGH-RISE BUILDING. A building having floors used for human occupancy located more than 55 feet above the lowest level of Fire Department vehicle access.

REPAIR GARAGE. A building, structure or portion thereof used for servicing or repairing motor vehicles. This occupancy shall also include garages involved in minor repair, modification and servicing of motor vehicles for items such as lube changes, inspections, windshield repair or replacement, shocks, minor part replacement and other such minor repairs.

SPECIAL INSPECTOR. A qualified person employed or retained by an approved agency who shall prove to the satisfaction of the registered design professional in responsible charge and the Building Official as having the competence necessary to inspect a particular type of construction requiring special inspection.

Section 303.1.3 Associate the group E occupancies shall be amended to read as follows:

303.1.3 Associated with group E occupancies. A room or space used for assembly purposes that is associated with a group E occupancy is not considered a separate occupancy. Except when applying the assembly requirements of chapter 10 and 11.

Section 304.1 Business group shall be amended by adding the following two uses to the list of occupancies types:

Fire stations;

Police stations with detention facilities for 5 or less.

Section 307.1.1 Uses other than group H shall be amended to add the following sentence to exception 4:

4.     Cleaning establishments... {Text unchanged} ...with section 707 or 1-hour horizontal assemblies constructed in accordance with section 711 or both. See also IFC chapter 21, dry cleaning plant provisions.

Section 403.1 Applicability shall be amended to read as follows:

403.1 Applicability. The provisions of this section shall apply to buildings having any occupied floors located more than 55 feet above the lowest level of Fire Department vehicle access. High-rise buildings shall comply with sections 403.2 through 403.6.

Section 403.1, exception 3 shall be amended to read as follows:

3.     The open air portion of a building {remainder unchanged}

Section 403.3.2 Water supply to required fire pumps shall be amended to read as follows:

403.3.2 Water supply to required fire pumps. In buildings that are more than 120 feet (36.5 m) in building height, required fire pumps shall be supplied by connections to no fewer than two water mains located in different streets. Separate supply piping shall be provided between each connection to the water main and the pumps. Each connection and the supply piping between the connection and the pumps shall be sized to supply the flow and pressure required for the pumps to operate.

Exception: {No change to exception.}

Section 403.5.4 Smokeproof enclosures shall be amended to read as follows:

403.5.4 Smokeproof enclosures. Every required interior exit stairway serving floors more than 55 feet above the lowest level of Fire Department vehicle access shall be a smokeproof enclosure in accordance with sections 909.20 and 1023.10.

Section 404.5 Smoke control shall be amended by deleting the exception in its entirety.

Section 406.3.5.1 Carport separation shall be amended to read as follows:

406.3.5.1 Carport separation. A separation is not required between a group R-2 and U carport provided that the carport is entirely open on all sides and that the distance between the two is at least 10 feet.

Section 406.8 Repair garages shall be amended by adding a second paragraph at the end of the section to read as follows:

This occupancy shall include garages involved in the servicing of motor vehicles such as oil and lubricant changes, inspections, windshield repair or replacement, shock absorbers, minor part replacement, and other such nonmajor repair. When the garage is only involved in such minor repair, it need not comply with section 406.8.1 of the Building Code.

Section 506.3.1 Minimum percentage of perimeter shall be amended by adding a sentence to the end of the section to read as follows:

In order to be considered as accessible, if not in direct contact with a street or fire lane, a minimum 10-foot wide pathway from the street or approved fire lane must be provided. (See the International Fire Code, as adopted and amended by the Code of Ordinances, for hose lay measurement pathway requirements.)

Table 508.4 Required separation of occupancies (hours) shall be amended by adding a new exception “f” to read as follows:

f.     Unless waived by the Building Official, a 1-hour tenant separation wall is required between tenants in all occupancies. Protection of openings may be waived if the building is classified as “nonseparated uses” in accordance with section 302.3 of the Building Code.

Table 705.8 Maximum area of exterior wall openings based on fire separation distance and degree of opening protection shall be amended by adding a sentence to the end of footnote “f” to read as follows:

Open metal carport structures may be constructed on the property line without fire-resistive or opening protection when the location of the carport is allowed or approved as provided by the Code of Ordinances.

Section 806.3 Combustible decorative materials shall be amended to read as follows:

806.3 Combustible decorative materials. In occupancies in groups A, E, I, and R-1, and dormitories in group R-2, curtains, draperies, fabric hangings and other similar combustible decorative materials suspended from walls or ceilings shall comply with section 806.4 and shall not exceed 10 percent of the specific wall or ceiling area to which they are attached.

Section 901.5.1 Acceptance testing is amended to add section 901.5.1.1 to read as follows:

901.5.1.1 Standpipe testing. Building owners/managers must maintain and test standpipe systems as per NFPA 25 requirements. The following additional requirements shall be applied to the testing that is required every 5 years:

1.     The piping between the Fire Department connection (FDC) and the standpipe shall be backflushed when foreign material is present, and also hydrostatically tested for all FDC's on any type of standpipe system. Hydrostatic testing shall also be conducted in accordance with NFPA 25 requirements for the different types of standpipe systems.

2.     For any manual (dry or wet) standpipe system not having an automatic water supply capable of flowing water through the standpipe, the tester shall connect hose from a fire hydrant or portable pumping system (as approved by the Fire Code Official) to each FDC, and flow water through the standpipe system to the roof outlet to verify that each inlet connection functions properly. Confirm that there are no open hose valves prior to introducing water into a dry standpipe. There is no required pressure criteria at the outlet. Verify that check valves function properly and that there are no closed control valves on the system.

3.     Any pressure relief, reducing, or control valves shall be tested in accordance with the requirements of NFPA 25. All hose valves shall be exercised.

4.     If the FDC is not already provided with approved caps, the contractor shall install such caps for all FDC's as required by the Fire Code Official.

5.     Upon successful completion of standpipe test, place a blue tag (as per Texas Administrative Code, Fire Sprinkler Rules for Inspection, Test and Maintenance Service (ITM) Tag) at the bottom of each standpipe riser in the building. The tag shall be check-marked as “fifth year” for type of ITM, and the note on the back of the tag shall read “5 year standpipe test” at a minimum.

6.     The procedures required by Texas Administrative Code Fire Sprinkler Rules with regard to yellow tags and red tags or any deficiencies noted during the testing, including the required notification of the local authority having jurisdiction (Fire Code Official) shall be followed.

7.     Additionally, records of the testing shall be maintained by the owner and contractor, if applicable, as required by the State Rules mentioned above and NFPA 25.

8.     Standpipe system tests where water will be flowed external to the building shall not be conducted during freezing conditions or during the day prior to expected nighttime freezing conditions.

9.     Contact the Fire Code Official for requests to remove existing fire hose from class II and III standpipe systems where employees are not trained in the utilization of this firefighting equipment. All standpipe hose valves must remain in place and be provided with an approved cap and chain when approval is given to remove hose by the Fire Code Official.

Section 901.7 Fire areas, shall be deleted in its entirety.

Section 901.8 Pump and riser room size shall be amended to add the following:

901.8.1 Pump and riser room. When located on the ground level, the fire pump or sprinkler riser room shall be located at an exterior wall and provided with an exterior Fire Department access door that is not less than three (3) feet in width and six feet, eight inches (6'8") in height, regardless of any interior doors that are provided. A key box shall be provided at this door, as required by the Fire Code Official. The exterior door shall be marked “FIRE RISER ROOM” or “FIRE PUMP ROOM.”

Exception: When it is necessary to locate a fire sprinkler riser room on other levels, the corridor leading to the fire sprinkler riser room access from the exterior of the building shall be provided with a minimum one hour fire resistance, or as approved by the Building Official. Access keys shall be provided in the key box as required by the Fire Code Official.

Section 903.1.1 Alternative protection shall be amended to read as follows:

903.1.1 Alternative protection. Alternative automatic sprinkler systems complying with section 904 shall be permitted in addition to automatic sprinkler protection where recognized by the applicable standard, or as approved by the Fire Code Official.

Section 903.1 General shall be amended by adding a new section 903.1.2 to read as follows:

903.1.2 Residential systems. Unless specifically allowed by this Code or the International Fire Code, residential sprinkler systems installed in accordance with NFPA 13D or NFPA 13R shall not be recognized for the purpose of exceptions or reduction (commonly referred to as “trade-offs”) permitted by other provisions of this Code.

Section 903.2 Where required shall be amended to read as follows:

903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in section 903.2.1 thru 903.2.12 of the Building Code. Automatic sprinklers shall not be installed in elevator machine rooms, elevator machine spaces, and elevator hoistways, other than pits, where such sprinklers would not necessitate shunt trip requirements under any circumstances. Storage shall not be allowed within the elevator machine room. Signage shall be provided at the entry doors to the elevator machine room indicating “ELEVATOR MACHINERY - NO STORAGE ALLOWED.”

Section 903.2 Where required shall be amended to delete the exception.

Section 903.2.1.1, Group A-1, shall be amended to change the condition to read as follows:

1.     The fire area exceeds 5,000 square feet.

Section 903.2.1.3, Group A-3, shall be amended to change the condition to read as follows:

1.     The fire area exceeds 5,000 square feet.

Section 903.2.1.4, Group A-4, shall be amended to change the condition to read as follows:

1.     The fire area exceeds 5,000 square feet.

Section 903.2.3, Group E, shall be amended to change the conditions to read as follows:

1.     The fire area exceeds 5,000 square feet;

2.     Where a group E fire area is located below the lowest level of exit discharge serving that portion of the building; or

3.     Where a group E fire area is located more than two stories above grade plane.

Section 903.2.4, Group F-1, shall be amended to change the conditions to read as follows:

1.     The fire area exceeds 5,000 square feet;

2.     The fire area is located more than two stories above grade plane; or

3.     A group F-1 occupancy used for the manufacture of upholstered furniture or mattresses exceeds 2,500 square feet (232 sq meters).

Section 903.2.7, Group M, shall be amended to change the condition to read as follows:

1.     The fire area exceeds 5,000 square feet.

Section 903.2.7 Group M shall be further amended by deleting exceptions 3 and 4 in their entirety.

Section 903.2.8.1, Group R, shall be amended by adding an exception to read as follows:

Exception: Group R-3 single-family residences that are less than 5,000 square feet shall not be required to be sprinkled.

Section 903.2.8 Group R shall be amended by adding new sections 903.2.8.5 and 903.2.8.6 to read as follows:

903.2.8.5 Mixed use occupancies. Where buildings are of mixed use, residential portions of the building shall be protected with residential or quick response sprinklers in accordance with NFPA 13. Other portions of such buildings including attic spaces shall be protected in accordance with NFPA 13. NFPA 13R systems shall not be allowed in buildings where portions of mixed use contain residential occupancies. Firewalls and fire separations shall not define separate buildings.

903.2.8.6 Existing R-1 and R-2 occupancies. In R-1 and R-2 occupancies where a fire has occurred and displaces occupants in 50-percent or more of the buildings, the affected building shall be fire sprinkled prior to reoccupancy of the building.

Section 903.2.9, Group S-1 shall be amended to change the conditions to read as follows:

1.     The fire area exceeds 5,000 square feet;

2.     The fire area is located more than two stories above grade plane;

3.     The S-1 occupancy is used for the storage of upholstered furniture or mattresses exceeds 2,500 square feet (232 sq. meters).

4.     The fire area used for the storage of commercial trucks or buses exceeds 5,000 square feet.

Section 903.2.9.1, Repair garages, shall be amended to change the conditions to read as follows:

1.     The fire area of buildings having two or more stories above grade that exceeds 3,500 square feet;

2.     The fire area in a one story building exceeding 5,000 square feet; or

3.     The fire area used for the repair of commercial trucks or buses exceeding 2,500 square feet.

4.     Buildings with repair garages servicing vehicles parked in basements.

Section 903.2.9.2 Bulk storage of tires shall be amended to read as follows:

903.2.9.2 Bulk tire/storage of tires. Buildings or structures that contain an area for the storage of tires that exceeds 1,000 square feet shall be equipped throughout with an automatic sprinkler system in accordance with section 903.3.1.1 of the Building Code.

Section 903.2.9.3 Self-service storage facility, a new section, is added to read as follows:

903.2.9.3 Self-service storage facility. An automatic sprinkler system shall be installed throughout all self-service storage facilities.

Exception: One-story self-service storage facilities that have no interior corridors, with a one-hour fire barrier separation wall installed between every storage compartment.

Section 903.2.10, Group S-2 enclosed parking garages, shall be amended to change the conditions to read as follows:

If one of the following conditions exist, the building shall be sprinkled:

1.     The fire area of the enclosed parking garage exceeds 5,000 square feet.

2.     The enclosed parking garage is located beneath other occupancy groups.

Exception: The enclosed parking garage is located beneath a group R-3 occupancy and the R-3 fire area is less than 5,000 square feet.

Section 903.2.11.3 Buildings 55 feet or more in height shall be amended to read as follows:

903.2.11.3 Buildings 35 feet or more in height. An automatic sprinkler system shall be installed throughout buildings with a floor level, other than penthouses in compliance with section 1510 of the International Building Code that is located 35 feet or more above the lowest level of Fire Department vehicle access, measured to the finished floor.

Exception: Open parking structures in compliance with section 406.5 of the Building Code, having no other occupancies above the subject garage.

Section 903.2.11 Specific buildings areas and hazards shall be amended by adding new sections 903.2.11.7 thru 903.2.11.9 to read as follows:

903.2.11.7 High-piled combustible storage. For any building with a clear height exceeding 12 feet, see chapter 32 of the Fire Code, as adopted and amended by the Code of Ordinances, to determine if those provisions apply.

903.2.11.8 Spray booths and rooms. New and existing spray booths and spraying rooms shall be protected by an approved automatic fire-extinguishing system.

903.2.11.9 Buildings over 5,000 square feet. An automatic sprinkler system shall be installed throughout all buildings 5,000 square feet and greater and in all buildings that are enlarged to be 5,000 square feet and greater. For the purpose of this provision, firewalls shall not define separate buildings.

Exceptions:

1.     Open parking garages in compliance with section 406.3 of the Building Code.

2.     When of noncombustible construction, the area of awning extension or freestanding canopies, both sides, and not used for displaying or storage shall not be considered for requiring sprinkler protection for areas greater than 5,000 square feet but less than otherwise required by the Building Code.

3.     Except for H and I occupancies, an addition with less than 1,000 square feet may be separated from the existing building without causing either the addition or the existing building to be sprinkled. The separation shall be a 2-hour fire barrier for types II and V construction and a 3-hour fire barrier for all other types of construction.

Section 903.3.1.1.1 Exempt locations is amended to read as follows:

903.3.1.1.1 Exempt locations. When approved by the Fire Marshal, automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with section 907.2 of the Building Code that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire resistance rated construction or contains electrical equipment.

1.     Any room where the application of water, or flame and water, constitutes a serious life or fire hazard.

2.     Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the Fire Marshal.

3.     Generator and transformer rooms, under the direct control of a public utility, separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire resistance rating of not less than 2 hours.

4.     Elevator machine rooms, machinery spaces, and hoistways, other than pits where such sprinklers would not necessitate shunt trip requirements under any circumstances.

Section 903.3.1.2 shall be amended by adding a sentence to the end of the paragraph to read as follows:

Sprinkler systems installed in accordance with 13R shall include sprinkler protection in combustible attics of buildings 2 or more stories in height.

Section 903.3.1.2 NFPA 13R sprinkler system shall be amended by adding a new sections 903.3.1.2.3 and 903.3.1.2.4 to read as follows:

Section 903.3.1.2.3 Attics and attached garages. Sprinkler protection is required in attic spaces of such buildings two or more stories in height, in accordance with NFPA 13 and or NFPA 13R requirements, and attached garages.

903.3.1.2.4 Small room rule. When fire sprinkler systems are required, the omission of sprinkler protection of bathrooms per section 6.8.2 of NFPA 13R-2002 shall not be allowed.

Section 903.3.1.4 Freeze protection shall be added to read as follows:

903.3.1.4 Freeze protection. Freeze protection systems for automatic fire sprinkler systems shall be in accordance with the requirements of the applicable referenced NFPA standard and this section.

903.3.1.4.1 Attics. Only dry-pipe, preaction, or listed antifreeze automatic fire sprinkler systems shall be allowed to protect attic spaces.

Exception: Wet-pipe fire sprinkler systems shall be allowed to protect nonventilated attic spaces where:

1.     The attic sprinklers are supplied by a separate floor control valve assembly to allow ease of draining the attic system without impairing sprinklers throughout the rest of the building; and

2.     Adequate heat shall be provided for freeze protection as per the applicable referenced NFPA standard; and

3.     The attic space is a part of the building's thermal, or heat, envelope, such that insulation is provided at the roof deck, rather than at the ceiling level.

903.3.1.4.2 Heat trace/insulation. Heat trace/insulation shall only be allowed where approved by the Fire Code Official for small sections of large diameter water-filled pipe.

Section 903.3.5 Water supplies, shall be amended by adding a second paragraph to the end of the section to read as follows:

Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however, every fire protection system shall be designed with a 10 psi safety factor. Reference section 507.4 for additional design requirements.

Section 903.3.7 Fire Department connections, shall be amended by adding the following sentence to the end of the section:

The location of the Fire Department hose connection shall be approved by the Fire Department and all new and existing Fire Department connections shall be marked on the vertical piping with red reflective paint or tape and on the pavement with blue reflective markers.

Section 903.4 Sprinkler system supervision and alarms, shall be amended by adding a second paragraph after the exceptions to read as follows:

Sprinkler and standpipe system water flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe system, except for Fire Department hose connection valves, shall be electrically supervised to initiate a supervisory signal at the central station upon tampering.

Section 903.4.2 Alarms shall be amended to add second paragraph to read as follows:

The alarm device required on the exterior of the building shall be a weatherproof horn/strobe notification appliance with a minimum 75 candela strobe rating, installed as close as practicable to the Fire Department connection.

Section 905.2 Installation standard, shall be amended by adding a sentence to the end of the section to read as follows:

Manual dry standpipe systems shall be supervised with a minimum of 10 psig and a maximum of 40 psig air pressure with a high/low alarm.

Section 905.3.2 Group A, shall be amended by deleting exceptions 1 and 2 in their entirety.

Section 905.3.4 Stages shall be deleted in its entirety.

Section 905.3 Required installations, shall be amended to add section 905.3.9 and exception to read as follows:

905.3.9 Buildings exceeding 10,000 sq. ft. In buildings exceeding 10,000 square feet in area per story and where any portion of the building's interior area is more than 200 feet (60960 mm) of travel, vertically and horizontally, from the nearest point of Fire Department vehicle access, class I automatic wet or manual wet standpipes shall be provided.

Exceptions:

1.     Automatic dry and semi-automatic dry standpipes are allowed as provided for in NFPA 14.

2.     R-2 occupancies of four stories or less in height having no interior corridors.

Section 905.4 Location of class I standpipe hose connections shall be amended to change item 1, 3, and 5, and add Item 7 to read as follows:

1.     In every required exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at an intermediate landing between stories, unless otherwise approved by the Fire Code Official.

2.     {No change.}

3.     In every exit passageway, at the entrance from the exit passageway to other areas of a building.

Exception: Where floor areas adjacent to an exit passageway are reachable from an exit stairway hose connection by a... {No change to rest.}

4.     {No change.}

5.     Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent slope), each standpipe shall be provided with a two-way hose connection located to serve the roof or at the highest landing of an exit stairway with stair access to the roof provided in accordance with section 1011.12.

6.     {No change.}

7.     When required by this chapter, standpipe connections shall be placed adjacent to all required exits to the structure and at two hundred feet (200') intervals along major corridors thereafter, or as otherwise approved by the Fire Code Official.

Section 905.5 Location of class II standpipe hose connections, shall be deleted in its entirety.

Section 905.6 Location of class III standpipe hose connections, shall be deleted in its entirety.

Section 905.9 Valve supervision shall be amended by adding a second paragraph after the exceptions to read as follows:

Sprinkler and standpipe system water flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems, except for Fire Department hose connection valves, shall be electrically supervised to initiate a supervisory signal at the central station upon tampering.

Section 907.1 General shall be amended by adding a new section 907.1.4 to read as follows:

907.1.4 Design standards. All new alarm systems shall be addressable fire detection systems. Alarm systems serving more than 20 smoke detectors shall be analog intelligent addressable fire detection systems.

Exception: Existing systems need not comply unless the total building or remodel or expansion initiated after the effective date of the Building Code, as adopted, exceeds 30-percent of the building.

Section 907.2.1 Group A shall be changed to read as follows:

907.2.1 Group A. A manual fire alarm system that activates the occupant notification system in accordance with section 907.5 shall be installed in group A occupancies having an occupant load of 300 or more persons or more than 100 persons above or below the lowest level of exit discharge. Group A occupancies not separated from one another in accordance with section 707.3.10 of the International Building Code shall be considered as a single occupancy for the purposes of applying this section. Portions of group E occupancies occupied for assembly purposes shall be provided with a fire alarm system as required for the group E occupancy.

Exception: {No change.}

Activation of fire alarm notification appliances shall:

1.     Cause illumination of the means of egress with light of not less than 1 footcandle (11 lux) at the walking surface level; and

2.     Stop any conflicting or confusing sounds and visual distractions.

Section 907.2.3 Group E shall be amended to read as follows:

907.2.3 Group E. A manual and automatic fire alarm system that initiates the occupant notification signal utilizing an emergency voice/alarm communication system meeting the requirements of section 907.5.2.2 and installed in accordance with section 907.6 shall be installed in group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in group E day care occupancies. Unless separated by a minimum of 100 feet open space, all buildings, whether portable buildings or the main building, will be considered one building for alarm occupant load consideration and interconnection of alarm systems.

Exceptions: {unchanged.}

Section 907.2.3 Group E shall be further amended by adding a new “1.1” to exception 1 to read as follows:

1.1     Residential in-home day-care operations with not more than 12 children may use interconnected single station detectors in all habitable rooms. (For care of more than five children 2-1/2 or less years of age, see section 907.2.6 of the Building Code.)

Section 907.2.6 Group I shall be amended to read as follows:

907.2.6 Group I. A manual fire alarm system that activates the occupant notification system in accordance with section 907.5 shall be installed in group I occupancies. An automatic smoke detection system that activates the occupant notification system in accordance with section 907.5 shall be provided in accordance with sections 907.2.6.1, 907.2.6.2, 907.2.6.3.3 and 907.2.6.4.

Exceptions: {unchanged.}

Section 907.2.6 Group I shall be further amended by adding 907.2.6.4 as follows:

907.2.6.4 Group I-4 occupancies. An approved smoke detection system shall be installed in group I-4 occupancies. Where automatic fire sprinklers are not provided, a full-coverage smoke detection system shall be provided in all group I-4 occupancies.

Section 907.2.12.4 Emergency voice/alarm communication system, shall be amended to read as follows:

907.2.12.4. Emergency voice/alarm communication system. The operation of any automatic fire detector, sprinkler water flow device or manual fire alarm box shall automatically sound an alert tone followed by voice instructions giving approved information and directions on a general or selective basis to the following terminal areas on a minimum of the alarming floor above, and the floor below in accordance with the building's fire safety and evacuation plans required by section 404 of the Fire Code as adopted and amended by the Code of Ordinances.

1.     Elevator lobbies.

2.     Corridors.

3.     Rooms and tenant spaces exceeding 1,000 square feet in area.

4.     Dwelling units or sleeping units in group R-2 occupancies.

5.     Sleeping units in group R-1 occupancies.

6.     Areas of refuge as defined in section 1002 of the Building Code.

Section 907.2.13 High-rise buildings, shall be amended to read as follows:

907.2.13 High-rise buildings. In buildings that have any floor located more than 55 feet above the lowest level of Fire Department vehicle access, a separate zone by floor shall be provided for all of the following types of alarm-initiating devices where provided:

1.     Smoke detectors.

2.     Sprinkler water flow devices.

3.     Manual fire alarm boxes.

4.     Other approved types of automatic fire detection devices or suppression systems.

Section 907.2.13, High-rise buildings. Exception 3 shall be changed to read as follows:

3.     Open air portions of buildings with an occupancy in group A-5 in accordance with section 303.1 of the International Building Code; however, this exception does not apply to accessory uses including but not limited to skyboxes, restaurants and similarly enclosed areas.

Section 907.4 Initiation devices, shall be amended by adding a second sentence to the end of the section to read as follows:

Manual alarm actuating devices shall be an approved double-action type.

Section 907.4.2 Manual fire alarm boxes, shall be amended to add section 907.4.2.7 to read as follows:

907.4.2.7 Type. Manual alarm initiating devices shall be an approved double action type.

Section 907.6.1 Wiring shall be amended to read as follows:

907.6.1 Wiring. All fire alarm systems shall be installed in such a manner that a failure of any single initiating device or single open in an initiating circuit conductor will not interfere with the normal operation of other such devices. All initiating circuit conductors shall be class “A” wired with a minimum of six feet separation between supply and return circuit conductors. IDC - class “A” style D; SLC - class “A” style 6; NAC - class “B” style Y. The IDC from an addressable device used to monitor the status of a suppression system may be wired class B, style B provided the distance from the addressable device is within 10-feet of the suppression system device.

907.6.1.1 Wiring installation. All fire alarm systems shall be installed in such a manner that a failure of any single initiating device or single open in an initiating circuit conductor will not interfere with the normal operation of other such devices. All signaling line circuits (SLC) shall be installed in such a way that a single open will not interfere with the operation of any addressable devices (class A). Outgoing and return SLC conductors shall be installed in accordance with NFPA 72 requirements for class A circuits and shall have a minimum of four feet separation horizontal and one foot vertical between supply and return circuit conductors. The initiating device circuit (IDC) from a signaling line circuit interface device may be wired class B, provided the distance from the interface device to the initiating device is ten feet or less.

Section 907.6.3 Initiation device identification, shall be amended to delete all four exceptions.

Section 907.6.6 Monitoring, shall be amended to add sentence at end of paragraph to read as follows:

See 907.6.3 for the required information transmitted to the supervising station.

Section 909.22 Stairway or ramp pressurization alternative, is added to read as follows:

909.22 Stairway or ramp pressurization alternative. Where the building is equipped throughout with an automatic sprinkler system in accordance with section 903.3.1.1 and the stair pressurization alternative is chosen for compliance with Building Code requirements for a smokeproof enclosure, interior exit stairways or ramps shall be pressurized to a minimum of 0.10 inches of water (25 Pa) and a maximum of 0.35 inches of water (87 Pa) in the shaft relative to the building measured with all interior exit stairway and ramp doors closed under maximum anticipated conditions of stack effect and wind effect. Such systems shall comply with section 909, including the installation of a separate firefighter's smoke control panel as per section 909.16, and a smoke control permit shall be required from the Fire Department as per section 105.7.

909.22.1 Ventilating equipment. The activation of ventilating equipment for the stair or ramp pressurization system shall be by smoke detectors installed at each floor level at an approved location at the entrance to the smokeproof enclosure. When the closing device for the stairway or ramp shaft and vestibule doors is activated by smoke detection or power failure, mechanical equipment shall activate and operate at the required performance levels. Smoke detectors shall be installed in accordance with section 907.3.

909.22.1.1 Ventilation systems. Smokeproof enclosure ventilation systems shall be independent of other building ventilation systems. The equipment, control wiring, power wiring and ductwork shall comply with one of the following:

1.     Equipment, control wiring, power wiring and ductwork shall be located exterior to the building and directly connected to the smokeproof enclosure or connected to the smokeproof enclosure by ductwork enclosed by not less than 2-hour fire barriers constructed in accordance with section 707 of the Building Code or horizontal assemblies constructed in accordance with section 711 of the Building Code, or both.

2.     Equipment, control wiring, power wiring and ductwork shall be located within the smokeproof enclosure with intake or exhaust directly from and to the outside or through ductwork enclosed by not less than 2-hour barriers constructed in accordance with section 707 of the Building Code or horizontal assemblies constructed in accordance with section 711 of the Building Code, or both.

3.     Equipment, control wiring, power wiring and ductwork shall be located within the building if separated from the remainder of the building, including other mechanical equipment, by not less than 2-hour fire barriers constructed in accordance with section 707 of the Building Code or horizontal assemblies constructed in accordance with section 711 of the Building Code, or both.

Exceptions:

1.     Control wiring and power wiring utilizing a 2-hour rated cable or cable system.

2.     Where encased with not less than 2 inches (51 mm) of concrete.

3.     Control wiring and power wiring protected by a listed electrical circuit protective systems with a fire-resistance rating of not less than 2 hours.

909.22.1.2 Standby power. Mechanical vestibule and stairway and ramp shaft ventilation systems and automatic fire detection systems shall be provided with standby power in accordance with section 2702 of the Building Code.

909.22.1.3 Acceptance and testing. Before the mechanical equipment is approved, the system shall be tested in the presence of the Fire Code Official to confirm that the system is operating in compliance with these requirements.

Section 910.2 Where required, shall be amended to change exception 2 and 3 to read as follows:

2.     Only manual smoke and heat removal shall not be required in areas of buildings equipped with early suppression fast-response (ESFR) sprinklers. Automatic smoke and heat removal is prohibited.

3.     Only manual smoke and heat removal shall be required in areas of buildings equipped with control mode special application sprinklers with a response time index of 50(m*S) 1/2 or less that are listed to control a fire in stored commodities with 12 or fewer sprinklers. Automatic smoke and heat removal is prohibited.

Section 910.3 Smoke and heat vents, shall be amended to add section 910.3.4 to read as follows:

910.3.4 Vent operation. Smoke and heat vents shall be capable of being operated by approved automatic and manual means. Automatic operation of smoke and heat vents shall conform to the provisions of sections 910.3.2.1 through 910.3.2.3.

910.3.4.1 Sprinklered buildings. Where installed in buildings equipped with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically.

The automatic operating mechanism of the smoke and heat vents shall operate at a temperature rating at least 100 degrees F (approximately 38 degrees Celsius) greater than the temperature rating of the sprinklers installed.

Exception: Manual only system per 910.2.

910.3.4.2 Nonsprinklered buildings. Where installed in buildings not equipped with an approved automatic sprinkler system, smoke and heat vents shall operate automatically by actuation of a heat-responsive device rated at between 100°F (56°C) and 220°F (122°C) above ambient.

Exception: Listed gravity-operated drop out vents.

Section 910.4.3.1 Makeup air shall be changed to read as follows:

910.4.3.1 Makeup air. Makeup air openings shall be provided within 6 feet (1829 mm) of the floor level. Operation of makeup air openings shall be automatic. The minimum gross area of makeup air inlets shall be 8 square feet per 1,000 cubic feet per minute (0.74 m2 per 0.4719 m3/s) of smoke exhaust.

Section 910.4.4 Activation shall be changed to read as follows:

910.4.4 Activation. The mechanical smoke removal system shall be activated automatically by the automatic sprinkler system or by an approved fire detection system. Individual manual controls shall also be provided.

Exception: Manual only systems per section 910.2.

Section 1004.1.2 Areas without fixed seating shall be amended by deleting the exception in its entirety.

Section 1006.2.2.6 Electrical rooms, shall be added follows:

1006.2.2.6 Electrical rooms. For electrical rooms, special exiting requirements may apply. Reference the Electrical Code as adopted.

Section 1009.1 Accessible means of egress required, shall be amended by adding a new exception to read as follows:

4.     Buildings regulated under state law and built in accordance with state registered plans, including any variances or waivers granted by the state, shall be deemed to be in compliance with the requirements of section 1007 of the Building Code.

Section 1010.1.9.4 Bolt locks is amended by amending exceptions 3 and 4 as follows:

Exceptions:

3.     Where a pair of doors serves an occupant load of less than 50 persons in a group B, F, M or S occupancy. {Remainder unchanged}

4.     Where a pair of doors serves a group A, B, F, M or S occupancy {Remainder unchanged}

Section 1015.8 Window openings shall be amended to revise text as follows:

First paragraph unchanged

1.     Operable windows where the top of the sill of the opening is located more than 55 feet (16 764 mm) above the finished grade or other surface below and that are provided with window fall prevention devices that comply with ASTM F 2006.

Balance unchanged

Section 1020.1 Construction shall be amended by adding new exceptions 6 and 7 to read as follows:

6.     Corridor walls and ceilings need not be fire-resistive construction within a single-tenant space in other than A, E or H occupancies when the tenant space is equipped with an automatic smoke detector system installed within the corridor in accordance with the smoke detector's listing. The actuation of any detector shall activate alarms audible in all areas served by the corridor. The smoke detection system shall be connected to the building's fire alarm system where such a system is provided.

7.     In group B occupancies, corridor walls and ceilings need not be of fire resistive construction within a single tenant space when the space is equipped with an approved automatic smoke detection system within the corridor. The actuation of any detector shall activate self-annunciating alarms audible in all areas served by the corridor. Smoke detectors shall be connected to an approved automatic fire alarm system where such system is provided.

Section 1025.1 General, shall be amended to read as follows:

1025.1 General. Approved luminous egress path markings delineating the exit path shall be provided in high-rise buildings of groups A, B, E, I, M and R-1 occupancies in accordance with sections 1025.1 thru 1025.5 of the Building Code.

Exceptions:

1.     Luminous egress path markings shall not be required on the level of exit discharge in lobbies that serve as part of the exit path in accordance with section 1027.1, exception 1.

2.     Luminous egress path markings shall not be required in areas of open parking garages that serve as part of the exit path in accordance with section 1027.1, exception.

Section 1029.1.1.1 Spaces under grandstands and bleachers shall be deleted in its entirety.

Section 1101.1 Scope shall be amended to add exception to read as follows:

Exception: Components of projects regulated by and registered with Architectural Barriers Division of Texas Department of Licensing and Regulation shall be deemed to be incompliance with the requirements of this chapter.

Section 1101.2 Design shall be amended to add an exception to read as follows:

Exception: Buildings regulated under state law and built in accordance with state registered plans, including any variances or waivers granted by the state, shall be deemed to be in compliance with the requirements of this chapter of the Building Code.

Section 1203.1 General shall be amended to read as follows:

1203.1 General. Buildings shall be provided with natural ventilation in accordance with section 1203.4, or mechanical ventilation in accordance with the International Mechanical Code.

Where air infiltration rate in a dwelling unit is 5 air changes or less per hour when tested with a blower door at a pressure 0.2 inch w.c. (50 Pa) in accordance with section 402.4.1.2 of the International Energy Conservation Code, the dwelling unit shall be ventilated by mechanical means in accordance with section 403 of the International Mechanical Code.

Section 1405.3 Vapor retarders, is amended to add the following sentences to the section:

In all framed walls, floors and roofs/ceilings comprising elements of the building thermal envelope, a vapor retarder, when installed, shall be installed in a manner so as to not trap moisture. Vapor retarders shall be tested in accordance with ASTME 96.

Table 1505.1 Minimum roof covering classification for types of construction shall be amended by replacing footnote “b” adding “d” as follows:

b.     Nonclassified roof coverings shall be permitted on buildings of U occupancies having not more than 120 square feet of projected roof area. When exceeding 120 square feet of projected roof area, buildings of U occupancies may use nonrated, noncombustible roof coverings.

d.     All individual replacement shingles or shakes shall comply with the rating required by this table.

Section 1505.7 Special purpose roofs, shall be deleted in its entirety.

Section 1511.1 General shall be amended to read as follows:

1511.1 General. Materials and methods of applications used for recovering or replacing an existing roof covering shall comply with the requirements of chapter 15. All individual replacement shingles or shakes shall be in compliance with the rating required by table 1505.1.

{text of exception unchanged}

Section 1612 Flood load shall be deleted in its entirety.

Section 1704.2, Special inspections and tests shall be amended to read as follows:

1704.2 Special inspections and tests. Where application is made to the Building Official for construction as specified in section 105, the owner or the owner's authorized agent, or the registered design professional in responsible charge, other than the contractor, shall employ one or more approved agencies to provide special inspections and tests during construction on the types of work listed under section 1705 and identify the approved agencies to the Building Official. The special inspector shall not be employed by the contractor. These special inspections and tests are in addition to the inspections identified by the Building Official that are identified in section 110.

Section 1704.2.1 Special inspector qualifications shall be amended to read as follows:

1704.2.1 Special inspector qualifications. Prior to the start of construction and or upon request, the approved agencies shall provide written documentation to the registered design professional in responsible charge and the Building Official demonstrating the competence and relevant experience or training of the special inspectors who will perform the special inspections and tests during construction. [Remainder unchanged]

Section 1704.2.4 Report requirement shall be amended to read as follows:

1704.2.4 Report requirement. Approved agencies shall keep records of special inspections and tests. The approved agency shall submit reports of special inspections and tests to the Building Official upon request, and to the registered design professional in responsible charge. Individual inspection reports shall indicate that work inspected or tested was or was not completed in conformance to approved construction documents. {Remainder unchanged}

Section 1704.2.5.2 Fabricator approval shall be amended to read as follows:

1704.2.5.1 Fabricator approval. Special inspections during fabrications required by section 1704 are not required where the work is done on the premises of a fabricator registered and approved to perform such work without special inspection. Approval shall be based upon review of the fabricator's written procedural and quality control manuals and periodic auditing of fabrication practices by an approved agency, or a fabricator that is enrolled in a nationally accepted inspections program. At completion of fabrication, the acceptable or approved fabricator shall submit a certificate of compliance to the owner or the owner's authorized agent or the registered design professional in responsible charge stating that the work was performed in accordance with the approved construction documents. The certificate of compliance shall also be made available to the Building Official upon request.

Section 1801.2 Design basis shall be amended by adding new sections 1801.2.2 and 1801.2.3 to read as follows:

1801.2.2 Foundation repairs. All foundation repairs that exceed $2,000.00 shall be designed and monitored by an engineer licensed in the state.

1801.2.3 Foundations over 1,000 square feet. All commercial foundations supporting an area of 1,000 square feet or more shall be designed by an engineer licensed in the state.

Section 1803.1 General is amended by adding the following sentences to the end of the section to read as follows:

The requirements for protection of adjacent property and the depth to which the protection is required shall be defined by prevailing law. Lateral support of adjoining property is of a civil nature between adjoining property owners.

Section 1804.4 Site grading is amended to add the following:

Grading and drainage shall designed and maintained in conformance with the City of Garland Technical Standards Manual.

Section 2308.2 Limitations shall be amended by adding a new section 2308.2.7 to read as follows:

2308.2.7 Application to engineered design. When accepted by the Building Official, any portion of this section is permitted to apply to buildings that are otherwise outside the limitations of this section provided that:

1.     The resulting design will comply with the requirements specified in chapter 16 of the Building Code;

2.     The load limitations of various elements of this section are not exceeded; and

3.     The portions of this section which will apply are identified by an engineer in the construction documents.

Section 2902.1 Minimum number of fixtures shall be amended to read as follows:

2902.1 Minimum number of fixtures. Plumbing fixtures shall be provided in the minimum number as shown in table 2902.1 based on the actual use of the building or space. Uses not shown in table 2902.1 shall be considered individually by the Building Official. The number of occupants shall be determined by this Code. In other than E occupancies, the minimum number of fixtures in table 2902.1 may be lowered, if requested in writing, by the applicant stating reasons for a reduced number and approved by the Building Official.

Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as follows:

1.     Assembly occupancies: At least one drinking fountain shall be provided at each floor level in an approved location.

Exception: a drinking fountain need not be provided in a drinking or dining establishment.

2.     Groups A, B, F, H, I, M and S occupancies: Buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in section 2902.2 of the Building Code.

3.     Group E occupancies: Shall be provided with fixtures as shown in table 2902.1 of the Building Code.

4.     Group R occupancies: Shall be provided with fixtures as shown in table 2902.1 of the Building Code.

Table 2902.1 Minimum number of required plumbing fixtures shall be amended to add footnote “f” to read as follows:

f.     Drinking fountains are not required in M occupancies with an occupant load of 100 or less, B occupancies with an occupant load of 25 or less, and for dining and/or drinking establishments.

Section 2902.1.3 Additional fixtures for food preparation facilities shall be added to read as follows:

2902.1.3 Additional fixtures for food preparation facilities. In addition to the fixtures required in this chapter, all food service facilities shall be provided with additional fixtures set out in this section.

2902.1.3.1 Handwashing lavatory. At least one handwashing lavatory shall be provided for use by employees that is accessible from food preparation, food dispensing and ware washing areas. Additional handwashing lavatories may be required based on convenience of use by employees.

2902.1.3.2 Service sink. In new or remodeled food service establishments, at least one service sink or one floor sink shall be provided so that it is conveniently located for the cleaning of mops or similar wet floor cleaning tool and for the disposal of mop water and similar liquid waste. The location of the service sink(s) and/or mop sink(s) shall be approved by the jurisdiction's Health Department.

Section 3002.1 Hoistway enclosure protection shall be amended to add exceptions to read as follows:

Exceptions:

1.     Elevators wholly located within atriums complying with section 404 shall not require hoistway enclosure protection.

2.     Elevators in open or enclosed parking garages that serve only the parking garage, and complying with sections 406.5 and 406.6, respectively, shall not require hoistway enclosure protection.

Section 3005.4 Machine rooms, control rooms, machinery spaces and control spaces, shall be amended by altering the first sentence in this section to read as follows:

Section 3005.4 Machine rooms, control rooms, machinery spaces and control spaces. Elevator machine rooms, control rooms, control spaces and machinery spaces shall be enclosed with fire barriers constructed in accordance with section 707 or horizontal assemblies constructed in accordance with section 711, or both.

[Remainder unchanged]

Section 3005.7 Fire protection in machine rooms, control rooms, machinery spaces and control spaces shall be added to read as follows:

3005.7 Fire Protection in machine rooms, control rooms, machinery spaces and control spaces.

3005.7.1 Automatic sprinkler system. The building shall be equipped throughout with an automatic sprinkler system in accordance with section 903.3.1.1, except as otherwise permitted by section 903.3.1.1.1 and as prohibited by section 3005.7.2.1.

3005.7.2 Prohibited locations. Automatic sprinklers shall not be installed in machine rooms, elevator machinery spaces, control rooms, control spaces and elevator hoistways.

3005.7.3 Sprinkler system monitoring. The sprinkler system shall have a sprinkler control valve supervisory switch and water-flow initiating device provided for each floor that is monitored by the building's fire alarm system.

3005.7.4 Water protection. An approved method to prevent water from infiltrating into the hoistway enclosure from the operation of the automatic sprinkler system outside the elevator lobby shall be provided.

3005.7.5 Shunt trip. Means for elevator shutdown in accordance with section 3005.5 shall not be installed.

Section 3005.8 Storage, shall be added to read as follows:

3005.8 Storage. Storage shall not be allowed within the elevator machine room, control room, machinery spaces and or control spaces. Provide approved signage at each entry to the above listed locations stating: “no storage allowed.”

Section 3006.2, Hoistway opening protection required, condition #5 shall be amended to read as follows:

5.     The building is a high rise and the elevator hoistway is more than 55 feet (16,764 mm) in height. The height of the hoistway shall be measured from the lowest floor at or above grade to the highest floors served by the hoistway.

Section 3106 Marquees shall be deleted in its entirety.

Section 3107 Signs shall be deleted in its entirety.

Section 3307.1 Protection required shall be amended to read as follows:

3307.1 Protection of adjoining property. The requirements for protection of adjacent property and the depth to which the protection is required shall be defined by prevailing law. Lateral support of adjoining property is of a civil nature between adjoining property owners.

(Ordinance 4306, sec. 1, adopted 2/21/89; Ordinance 4558, sec. 1, adopted 2/4/92; Ordinance 4619, sec. 11, adopted 8/25/92; Ordinance 4847, sec. 1, adopted 3/7/95; Ordinance 4883, sec. 1, adopted 7/11/95; Ordinance 5010, sec. 4, adopted 9/17/96; Ordinance 5209, sec. 6, adopted 9/15/98; Ordinance 5371, sec. 1, adopted 6/1/99; Ordinance 5422, sec. 1, adopted 11/16/99; Ordinance 5576, sec. 1, adopted 7/3/01; Ordinance 5595, sec. 2, adopted 9/4/01; Ordinance 5628, sec. 3, adopted 2/19/02; Ordinance 5700, sec. 1, adopted 1/21/03; Ordinance 5725, sec. 1, adopted 4/15/03; Ordinance 5730, sec. 1, adopted 5/6/03; Ordinance 5977, sec. 3, adopted 3/7/06; Ordinance 6506, sec. 2, adopted 12/6/11; Ordinance 6850, sec. 2, adopted 8/16/16; Ordinance 6952, sec. 5, adopted 1/16/18)

   Sec. 30.03     Temporary buildings and activities

Temporary buildings may be used under the following conditions:

(1)     Plans for the permanent structure must have been submitted to the Building Official for approval and the building permit must be issued within sixty (60) days from the date that the temporary building is permitted.

(2)     The Building Official may approve temporary buildings for time periods of one year or less, and a three-month extension may be approved if need is demonstrated. Any further extensions must be approved by the Unified Building Standards Commission.

(3)     An applicant for a temporary building permit and the property owner shall submit in writing a statement that he will remove the temporary building at the end of the permit period or sooner if so ordered by the Building Official. The Building Official may cancel the temporary building permit and cause the temporary building to be removed:

(a)     For violations of any City ordinance or code;

(b)     If work does not start within thirty (30) days of issuance of the building permit (simple lot grading does not constitute work); or

(c)     If work ceases for thirty (30) consecutive days.

(4)     The temporary building must be of the type of construction that is allowed for a permanent building at that location.

(5)     Classroom buildings may be used temporarily for a period not to exceed two (2) years by any public, private or parochial school.

(Ordinance 4306, sec. 1, adopted 2/21/89; Ordinance 4558, sec. 1, adopted 2/4/92; Ordinance 4883, sec. 1, adopted 7/11/95; Ordinance 6952, sec. 6, adopted 1/16/18)

   Sec. 30.04     Structures in easements

Removal of structures such as fences, uncovered decks not over 30 inches in height abovegrade, and landscape features in common maintenance or access easements shall be a civil matter between the property owners. (Ordinance 4847, sec. 1, adopted 3/7/95)

   Sec. 30.05     Exterior materials

(A)     Unpainted materials such as wood, tin, plain concrete block or similar materials shall not be used as exterior wall or roof covering on residential or commercial buildings.

(B)     Galvanized or corrugated metal shall not be allowed for any residential or commercial building for wall or roofing materials. This does not include agricultural uses in the proper zone.

(C)     Canvas, plastic, vinyl, screening and similar materials shall not be used for exterior materials on residential or commercial buildings except for awnings, greenhouses, tents, vehicle display areas, and similar permitted temporary uses. This does not include siding materials allowed elsewhere in this Code.

(Ordinance 4847, sec. 1, adopted 3/7/95; Ordinance 5371, sec. 1, adopted 6/1/99)

   Sec. 30.06     Preconstructed buildings and structures

Portable structures, prefabricated buildings, and similar buildings, structures, and containers shall not be used for permanent buildings unless approved by the state under the Industrialized Housing and Building Act. Structures built on site and available for all construction inspections are not included in this requirement. Shipping containers shall only be used as temporary structures and shall meet requirements of chapter 30 article XII. (Ordinance 4847, sec. 1, adopted 3/7/95; Ordinance 5371, sec. 1, adopted 6/1/99)

   Sec. 30.07     General contractors registration

(A)     A general contractor is any person who or that erects, constructs, enlarges, alter, repairs, moves, improves, removes, converts, or demolishes any building or structure except as specifically exempted by section 105.2 of the International Building Code as amended. This section includes, but is not limited to, modular or prefabricated structures built off site and delivered to the construction site for installation.

(B)     It shall be unlawful for any person who is not registered by the City as a general contractor to secure building permits as provided herein. Each applicant for registration as a general contractor shall have an established place of business or shop, the location of which complies, if within the City, with the requirement of the City zoning ordinance. Homeowners may obtain permits to perform work at a residence owned by the homeowner, without the requirement of hiring a registered general contractor.

(C)     To register with the City as a general contractor, application shall be made in writing on forms furnished for that purpose along with a registration fee as required by section 30.301 to cover administrative costs, and filed with the Building Official. The application shall show the contractor's name, address, telephone number and such other information which the Building Official may reasonably require.

(D)     A general contractor registration shall expire one (1) year, following the date of its issuance, and shall be renewed by the Building Official upon application and upon the payment to the City of the required renewal fee; provided, however, that if during the preceding year the applicant's general contractor registration has been revoked, it will be necessary for the general contractor to be reinstated by the Unified Building Standards Commission.

(E)     Upon presentation to the Unified Building Standards Commission that the holder of any general contractor registration has willfully or persistently violated any provisions of the Code or is unable to comply with such provisions, or such person has been found guilty of violating any such ordinances, the Building and Fire Codes Board shall fix a time and place for a meeting of the board to consider such charges and shall notify the holder of the general contractor registration to be present at such meeting. After providing the holder an opportunity to be heard, the Building and Fire Codes Board may suspend or revoke the general contractor registration of that holder.

(Ordinance 5371, sec. 1, adopted 6/1/99; Ordinance 5628, sec. 4, adopted 2/19/02; Ordinance 6952, sec. 7, adopted 1/16/18)

   Secs. 30.08–30.14          Reserved

   ARTICLE II. ABATEMENT OF DANGEROUS BUILDINGS*

   Sec. 30.15     Title

These regulations shall be known as the “Code for the Abatement of Dangerous Buildings,” and may be cited as such, and will be referred to herein as “this Code.”

   Sec. 30.16     Purpose and scope

(A)     Purpose. It is the purpose of this Code to provide a just, equitable and practicable method, to be cumulative with and in addition to, any other remedy provided by the Building Code, or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished except dwelling units as regulated by the “Minimum Housing Code,” of chapter 32.

(B)     Scope. The provisions of this Code shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous except dwelling units as regulated by the “Minimum Housing Code,” of chapter 32.

(Ordinance 4847, sec. 2, adopted 3/7/95)

   Sec. 30.17     Reserved

Editor's note–Former section 30.17, pertaining to alterations, additions and repairs was deleted and removed in its entirety by Ordinance 6850, sec. 3, adopted 8/16/16. Prior to the deletion, this section derived from the following: Ordinance 4306, sec. 3, adopted 2/21/89; Ordinance 4558, sec. 2, adopted 2/4/92; Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 5371, sec. 2, adopted 6/1/99; and Ordinance 5628, sec. 5, adopted 2/19/02.

   Sec. 30.18     General

(A)     Administration. The Building Official is hereby authorized to enforce the provisions of this Code.

(B)     Inspections. The Health Officer, the Fire Marshal and the Building Official are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this Code.

(C)     Right of entry.

(1)     Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this Code, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official or his authorized representative shall secure a warrant to inspect pursuant to article 18.05 of the Texas Code of Criminal Procedures.

(2)     “Authorized representative” shall include the officers named in subsection (B) and their authorized inspection personnel.

(Ordinance 4847, sec. 2, adopted 3/7/95)

   Sec. 30.19     Abatement of dangerous buildings

All buildings or portions thereof which are determined after inspection by the Building Official to be dangerous as defined in this Code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in section 30.24 of this Code. (Ordinance 4847, sec. 2, adopted 3/7/95)

   Sec. 30.20     Violations

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of this Code. (Ordinance 4847, sec. 2, adopted 3/7/95)

   Sec. 30.21     Inspection of work

All buildings or structures within the scope of this Code and all construction or work for which a permit is required shall be subject to inspection by the Building Official in accordance with and in the manner provided by this Code and sections 108 of the International Building Code, 2000 [2003] edition, as amended, adopted by this chapter. (Ordinance 4306, sec. 3, adopted 2/21/89; Ordinance 4558, sec. 2, adopted 2/4/92; Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 5371, sec. 2, adopted 6/1/99; Ordinance 5628, sec. 6, adopted 2/19/02)

   Sec. 30.22     Definitions

In this article:

Building Code means the International Building Code, 2015 edition, promulgated by the International Code Council and adopted by the City Council.

Dangerous building means any building or structure deemed to be dangerous under the provisions of section 30.23 of this Code.

(Ordinance 4306, sec. 3, adopted 2/21/89; Ordinance 4558, sec. 2, adopted 2/4/92; Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 4883, sec. 2, adopted 7/11/95; Ordinance 5371, sec. 2, adopted 6/1/99; Ordinance 5628, sec. 7, adopted 2/19/02; Ordinance 6850, sec. 4, adopted 8/16/16)

   Sec. 30.23     Conditions or defects constituting dangerous building

For the purpose of this Code, any building or structure which has any or all of the conditions of defects hereinafter described shall be deemed to be a dangerous building and a public nuisance, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered:

(1)     Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

(2)     Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

(3)     Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

(4)     Whenever the building or structure, or any portion thereof, because of:

(a)     Dilapidation, deterioration or decay;

(b)     Faulty construction;

(c)     The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;

(d)     The deterioration, decay or inadequacy of its foundation; or

(e)     Any other cause, is likely to partially or completely collapse.

(5)     Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

(6)     Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base.

(7)     Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become:

(a)     An attractive nuisance to children;

(b)     A harbor for vagrants, criminals or immoral persons; or as to

(c)     Enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

(8)     Whenever a building or structure because of inadequate maintenance, dilapidation, damage, faulty construction or arrangement, inadequate ventilation or unsanitary plumbing facilities, or otherwise, is determined by the Building Official to be unsanitary, unfit for human habitation in such a condition that is likely to cause sickness or disease or that the life, health, property or safety of the public or the building's occupants is endangered.

(9)     Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause is determined by the Building Official to be a fire hazard.

(10)     Whenever any building or structure is in such a condition as to constitute a public nuisance.

(11)     Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

(Ordinance 4306, sec. 3, adopted 2/21/89; Ordinance 4558, sec. 2, adopted 2/4/92; Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 4883, sec. 2, adopted 7/11/95)

   Sec. 30.24     Procedures to abate conditions; notices and orders of Building Official generally

(A)     Commencement of proceedings. Whenever the Building Official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, he shall commence proceedings to cause the repair, vacation or demolition of the building.

(B)     Issue of notice and order; contents. The Building Official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain a statement that the Building Official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of section 30.23 of this Code.

(C)     Service of notice and order. The notice and order, and any amended or supplemented notice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the Building Official or disclosed from official public records: The holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him by the provisions of this section.

(D)     Proof of service. Any receipt card returned in acknowledgement of receipt by certified mail will be proof of service.

(Ordinance 4847, sec. 2, adopted 3/7/95)

   Sec. 30.25     Repair, vacation and demolition; Standards to be followed

The following standards shall be followed by the Building Official (and by the Unified Building Standards Commission if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure:

(1)     Any building declared a dangerous building under this article shall either be repaired in accordance with the current Building Code or shall be demolished at the option of the building owner.

(2)     If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.

(Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 6952, sec. 8, adopted 1/16/18)

   Sec. 30.26     Notice to vacate; Posting

Every notice to vacate shall, in addition to being served as provided in section 30.24(C), be posted at or upon each exit of the building. (Ordinance 4847, sec. 2, adopted 3/7/95)

   Sec. 30.27     Appeal

Any person entitled to service under section 30.24(C) may appeal from any order or other action of the Building Official under this Code by filing at the office of the Building Official a written appeal on forms provided by the Building Official. The appeal shall be heard by the Unified Building Standards Commission pursuant to section 113 of the Building Code. (Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 5628, sec. 8, adopted 2/19/02; Ordinance 6952, sec. 9, adopted 1/16/18)

   Sec. 30.28     Effect of failure to appeal

Failure of any person to file an appeal in accordance with the provisions of section 30.27 shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order or any portion thereof. (Ordinance 4847, sec. 2, adopted 3/7/95)

   Sec. 30.29     Scope of hearing on appeal

Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. (Ordinance 4847, sec. 2, adopted 3/7/95)

   Sec. 30.30     Staying of order under appeal

Except for vacation orders made pursuant to section 30.25, enforcement of any notice and order of the Building Official issued under this Code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. (Ordinance 4847, sec. 2, adopted 3/7/95)

   Sec. 30.31     Enforcement of the order of the Building Official or the Unified Building Standards Commission

(A)     General. After any order of the Building Official or the Unified Building Standards Commission made pursuant to this Code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey such order.

(B)     Failure to obey order. If, after any order of the Building Official or the Unified Building Standards Commission made pursuant to this Code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may institute any appropriate action to abate such building as a public nuisance.

(C)     Failure to commence work. Whenever the required repair or demolition is not commenced within thirty (30) days after notice and order issued under this Code becomes effective:

(1)     The Building Official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice per section 30.26.

(2)     No person shall occupy any building which has been posted as specified in this section. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the Building Official have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code.

(3)     The Building Official may, in addition to any other remedy herein provided, cause a building to be demolished when the violation constitutes a serious threat to public safety and health. It may be demolished by the City or its contractor at the expense of the owner thereof. The materials of such building may be sold and the net cost of the demolition shall be charged to the owner; if any balance remains, it shall be held for the owner or any other parties entitled thereto. If the cost of the demolition exceeds the value of the materials of the building, such excess shall be charged as lien on the real property on which the building is situated. Such lien may not be collected by foreclosure or forced sale of this property. A building permit for new construction on this property shall not be issued until such time as the lien has been paid.

(Ordinance 4558, sec. 2, adopted 2/4/92; Ordinance 4847, sec. 2, adopted 3/7/95; Ordinance 6952, sec. 10, adopted 1/16/18)

   Secs. 30.32–30.39          Reserved

   ARTICLE III. ELECTRICAL CODE*

   Sec. 30.40     Adoption of the National Electrical Code

(A)     The National Electrical Code, 2014 edition, is hereby adopted by reference. One (1) copy is to remain on file in the City Secretary's office. Unless deleted, amended, expanded or otherwise changed herein, all provisions of this Code shall be fully applicable, binding, and of full force and effect.

(B)     These regulations shall be known as the “Electrical Code,” may be cited as such, and will be referred to herein as “this Code.”

(C)     Amendments, modifications and deletion. The following articles of the National Electrical Code adopted by subsection (A) of this section are amended, modified or deleted as follows:

Article 90.1 “Purpose” be amended by adding subsection (D) “conflicting provisions” as follows:

(D)     Conflicting provisions. Where, in any specific case, different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive shall govern.

Article 90.2 “Scope” is amended by adding subsection (D) “Alternate materials and methods of construction” as follows:

(D)     Alternate materials and methods of construction.

(1)     The provisions of this Code are not intended to prevent the use of any material or method of construction not specifically prescribed in this Code, provided any alternate has been approved and its use authorized by the Building Official.

(2)     The Building Official may approve any alternate material or method of construction, provided he finds that the proposed design is satisfactory, complies with the provisions of this Code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in suitability, strength, effectiveness, fire resistance, durability and safety.

(3)     The Building Official shall require any person seeking approval of an alternate material or method of construction to provide sufficient evidence or proof that the alternate material or method of construction satisfies the requirement of subsection (B) above. Provided, however, that the approval or authorization of any alternate shall not be construed as warranting or representing the safety of any approved alternate.

Article 90.4 “Enforcement” shall be amended by adding subsection (A) “modifications” as follows:

(A)     Modifications. The electrical regulations of this article may be modified or waived in writing by the Building Official pursuant to section 90.4 of the Electrical Code provided he shall first find that:

(1)     A special individual reason makes the strict letter of this Code impractical;

(2)     The modification is in conformity with the intent and purpose of this Code; and

(3)     That such modification does not lessen health, life and fire safety requirements.

Any waiver or modification shall be obtained from the Building Official prior to starting the work, and a copy of the modification or waiver shall be filed in the office of the Building Official by the applicant.

Article 90.4 “Enforcement” shall be amended by adding subsection (B) “powers and duties of the Building Official” as follows:

(B)     Powers and duties of Building Official.

(1)     General. The Building Official is hereby authorized to enforce all the provisions of this Code, which authority includes, but is not limited to the authority to issue a citation to any person who violates any of its provisions. He shall cause a record to be kept of all permits issued and inspections made.

(2)     Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the Building Official may appoint technical officers and inspectors and other employees as shall be authorized from time to time. Such employees shall have powers as delegated by the Building Official.

(3)     Conflict of interest. It shall be unlawful for an employee of the Building Inspection Department to engage in the business of selling, installing, or maintenance of electrical fixtures, devices, equipment or materials, and they shall have no financial interest in any concern engaged in such business at any time while employed by the City.

(4)     Right of entry.

(a)     Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official or his authorized representative, in accordance with applicable law, may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by such Codes, provided that if such building or premises be occupied, he shall first present proper credentials and request entry. If such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry be refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry.

(b)     When the Building Official or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to this Code.

(5)     Notice.

(a)     When any order or notice is issued pursuant to the provisions of this Code to any person who cannot be found after a reasonable search, such order or notice may be served by posting it in a conspicuous place upon the premises occupied by him or upon the premises where the defects are alleged to exist. Such posting of the notice shall be considered equivalent to personal service of such order or notice. An order sent by mail in a sealed envelope with postage prepaid and directed to the address of the electrical contractor, owner, lessee, or occupant of the premises shall be equivalent to personal service of such order.

(b)     Inspectors are hereby empowered to attach to the nearest electrical cabinet or equipment feeding defective or hazardous wiring, any official notice or seal to prevent use of electricity in that area, and it shall be unlawful for any other person to place or attach such seal, or to break, change, destroy, tear, mutilate, cover or otherwise deface or injure any such official notice or seal posted by an inspector.

(6)     Stop orders. Whenever any work is being done contrary to the provisions of this Code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work.

(7)     Authority to disconnect utilities in emergencies. The Building Official or his authorized representative shall have the authority to disconnect any electric power or energy service supplied to the building, structure or building service equipment therein regulated by this Code in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter.

(8)     Authority to condemn electrical system and equipment.

(a)     Whenever the Building Official ascertains that any electrical system or equipment regulated in this Code has become hazardous to life, health or property, he may order in writing that such electrical system or equipment either be removed or restored to a safe condition, whichever is appropriate. The written notice itself shall fix a time limit for compliance with such order. No person shall use or maintain defective electrical system or equipment after receiving such notice.

(b)     When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefor shall be given within 24 hours of the order to disconnect to the serving utility, the owner and occupant of such building, structure or premises.

(c)     When any electrical system or equipment is maintained in violation of this Code and in violation of any notice issued pursuant to the provisions of this section, the Building Official shall institute any appropriate action to prevent, restrain, correct or abate the violation.

(9)     Connection after order to disconnect. No person shall make connections from any energy or power supply nor supply power to any electrical system or equipment which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of such electrical system or equipment.

(10)     Liability.

(a)     The Building Official, or his authorized representative charged with the enforcement of this Code, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the Building Official or employee because of such act or omission performed by him in the enforcement of any provision of this Code shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings.

(b)     This Code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects, nor shall the Code Enforcement Agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by the Code or approvals issued under this Code.

(11)     Cooperation of other officials and officers. The Building Official may request, and shall receive so far as is required in the discharge of his duties, the assistance and cooperation of other officials of this jurisdiction.

Article 110.3(B) “Installation and use” shall be amended by adding subsection (A) “unsafe electrical systems or equipment” as follows:

(A)     Unsafe electrical systems or equipment.

(1)     All electrical systems or equipment regulated by this Code which constitute a fire hazard or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of electrical systems or equipment regulated by this Code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use.

(2)     All such unsafe electrical systems or equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in article II of chapter 30 or article I of chapter 32 of the Code of Ordinances of the City of Garland, as applicable, or such alternate procedure as may be adopted by this jurisdiction. As an alternative, the Building Official or other employee or official of the City as designated by the governing body may institute any other appropriate action to prevent, restrain, correct or abate the violation.

Article 90.4 “Enforcement” shall be amended by adding subsection (C) “violations” as follows:

(C)     Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain any electrical system or equipment or cause or permit the same to be done in violation of this Code. Any violation of this Code is a misdemeanor and shall be punishable as provided by section 10.05 of the Code of Ordinances of the City of Garland. The issuance or granting of a permit or approval of plans and specifications or the completion or approval of an inspection shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which is authorized is lawful.

Article 90 “Introduction” be amended by adding article 90.10 “electrical licensing and registration” as follows:

90.10 Electrical licensing and registration.

(A)     License required.

(1)     Every person engaged in the construction, installation, maintenance, extension, repairing or replacement of electrical wiring, apparatus or equipment that performs work prescribed by a person, firm or corporation registered under the provisions of this article must have on their person proof of an electrical license, electrical apprentice or electrical sign apprentice license issued by the Texas Department of Licensing and Regulation.

(2)     It shall be unlawful for a person, firm or corporation registered with the City of Garland to engage in any phase of the electrical business or perform any work in the electrical trade other than such business or work authorized by the registration, the class of license or the permit held by that person, provided, however, that an apprentice electrician or apprentice sign electrician may perform electrical work prescribed for him when issued an Electrical Apprentice License by the Texas Department of Licensing and Regulation enabling said holder to do such work, and then only when in the presence of and being supervised by an electrician with the proper electrical license issued by the Texas Department of Licensing and Regulation.

(3)     A properly licensed electrician is required to be on the same platted lot as the work which is taking place and for the apprentice to know how to quickly locate the properly licensed electrician. All electricians on the jobsite must have a valid TDLR issued electricians apprentice registration or wireman, journeyman, or master electricians license.

(4)     A journeyman, or master electrician must be present on the jobsite at all times when electrical work is being performed.

(B)     Registration required.

(1)     Any person providing services as an electrical contractor in the City must register with the Building Inspection Department as a contractor. To register with the City as a contractor, application shall be made in writing on forms furnished for that purpose and filed with the Building Official. The application shall show the contractor's name, local address and telephone number, a copy of the applicant's state electrical contractor's license, and such other information as may reasonably be required to properly identify the contractor. Such application shall be accompanied by the fee prescribed in the fee schedule located in section 30.301 of this Code.

(2)     Except as provided in subsection (3), all provisions of the Texas Electrical Safety and Licensing Act, found in the State Occupations Code, title 8, chapter 1305 and the Administrative Rules of the State Department of Licensing and Regulation, 16 Texas Administrative Code, chapter 73 shall be in full force within the City.

(3)     Any electrical license or registration issued by the City which has not expired by the adoption date of the ordinance codified in this article shall remain valid and in full effect until the expiration date of said license. Upon the expiration date of said license, the City will not renew or honor the rights previously granted by the license. When all such licenses are expired, the electrical licensing program of the City shall cease.

Article 90 “Introduction” is amended by adding article 90.11 “permits” as follows:

90.11 Permits.

(A)     Permits required. Except as specified in subsection (C) of this section, no electrical system regulated by this Code shall be installed, altered, repaired, replaced or remodeled unless a separate electrical permit for each building or structure has first been obtained from the Building Official, or without first submitting a subcontractor's affidavit form for work authorized under a combined building permit.

(B)     Permit nontransferable. It shall be unlawful for any person to lend, rent, or transfer an electrical permit or subcontractor's affidavit, or permit a person without proper license or registration to do the work, or for any person to make use of any such permit or affidavit which is not actually his own, and any such permit obtained or affidavit submitted under these conditions shall be null and void.

(C)     Exempt work. An electrical permit shall not be required for the following:

(1)     Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this Code.

(2)     Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location.

(3)     Temporary decorative lighting.

(4)     Repair or replacement of current-carrying parts of any switch, contactor or control device.

(5)     Reinstallation of attachment plug receptacles, but not the outlets therefor.

(6)     Repair or replacement of any overcurrent device of the required capacity in the same location.

(7)     Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.

(8)     Taping joints.

(9)     Removal of electrical wiring.

(10)     Temporary wiring for experimental purposes in suitable commercial and industrial experimental laboratories.

(11)     The wiring for temporary theater, motion picture or television stage sets.

(12)     Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

(13)     Low-energy power, control and signal circuits of classes II and III as defined in this Code.

(14)     A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility.

Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this Code or any other laws or ordinances.

(D)     Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the Code Enforcement Agency for that purpose. Every such application shall:

(1)     Identify and describe the work to be covered by the permit for which application is made.

(2)     Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

(3)     Indicate the use or occupancy for which the proposed work is intended.

(4)     Be accompanied by plans, diagrams, computations and specifications and other data as required in subsection (B) of this section.

(5)     Be signed by permittee, or his authorized agent.

(6)     Give such other data and information as may be required by the Building Official.

(E)     Plans and specifications. With each application for a permit, and where required by the Building Official for enforcement of any provision of this Code, plans, specifications and calculations shall be submitted in the quantity deemed necessary by the Building Official. When deemed necessary by the Building Official to ensure Code compliance, the Building Official may require plans and specifications to be prepared and designed by an engineer licensed by the state. All drawings, specifications and accompanying data involved with the practice of engineering, such as structural, mechanical, plumbing, electrical, heating and cooling, energy, fire, life and safety systems, shall comply with state and local laws governing the practice of engineering as required by the Texas Engineering Practice Act, chapter 1001 of the Texas Occupations Code.

(F)     Information on plans and specifications. Plans and specifications shall be drawn to scale upon substantial paper and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations.

(G)     Issuance.

(1)     The applications, plans and specifications, and other data, filed by an applicant for permit may be reviewed by other departments of the City to determine compliance with any applicable laws under their jurisdiction. If the work described in an application for a permit and the plans, specifications and other data filed therewith conforms to the requirements of this Code and other pertinent laws and ordinances, and the fees prescribed in the fee schedule (section 30.301 of this Code) have been paid, the Building Official may issue a permit therefor to the applicant.

(2)     When the Building Official issues the permit where plans are required, he shall endorse in writing or stamp the plans and specifications “APPROVED.” Such approved plans and specifications shall not be changed, modified or altered without authorizations from the Building Official, and all work shall be done in accordance with the approved plans.

(3)     The Building Official may issue a permit for the construction of part of an electrical system before the entire plans and specifications for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this Code. The holder of such permit shall proceed at his own risk with assurance that the permit for the entire building, structure or building service will be granted.

(H)     Retention of plans. One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. One set of approved plans, specifications and computations shall be retained by the Building Official until final approval of the work.

(I)     Validity of permit.

(1)     The issuance of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code, or of any other ordinance of the City, nor shall the issuance of a permit or approval of plans be construed as representing or warranting the safety or lack of defects of any electrical work described therein. No permit presuming to give authority to violate or cancel the provisions of these Codes shall be valid.

(2)     The issuance of a permit based upon plans, specifications and other data shall not prevent the Building Official from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder when in violation of these Codes or of any other ordinances of the City.

(J)     Expiration. An individual permit issued by the Building Official shall expire by limitation and become null and void on the expiration of one (1) year after its issuance if no progress has been made toward the completion of the project, or upon expiration of the project. (A project shall expire immediately after the first anniversary of the date the first permit application was filed for the project if no progress had been made towards completion of the project.) Once a permit for particular work has expired, a new permit must be applied for and obtained before the work can be commenced. The permit fee shall be the full amount required for a new permit for such work. The Building Official or his designee shall determine the extent to which the work must comply with any new regulations that were not in effect at the time the original permit was issued.

(K)     Suspension or revocation. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of the City.

Article 90 “Introduction” is amended by adding article 90.12 “inspections” as follows:

90.12 Inspections.

(A)     General. All electrical systems and equipment for which a permit is required by this Code shall be subject to inspection by the Building Official. No portion of any electrical system intended to be concealed shall be concealed until inspected and approved. Neither the Building Official nor the City shall be liable for expense entailed in the removal or replacement of any material necessary to allow inspection. When the installation of an electrical system and equipment is complete, an additional and final inspection shall be made. Electrical systems and equipment regulated by this Code shall not be connected to the energy source until authorized by the Building Official.

(B)     Inspection requests.

(1)     It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing, online, or by telephone at the option of the Building Official.

(2)     It shall be the duty of the person requesting inspections required by this Code to provide access to and means for proper inspection of such work.

(C)     Operation of electrical equipment. The requirements of this section shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been filed with the Building Official not more than 48 hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building.

(D)     Other inspections. In addition to the called inspections required by this Code, the Building Official may make or require other inspections of any work to ascertain compliance with the provisions of this Code and other laws which are enforced by the Code Enforcement Agency.

(E)     Reinspections.

(1)     A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when required corrections are not made.

(2)     This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection or when required corrections are not made.

(3)     Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official.

(4)     The applicant shall pay the reinspection fee prior to requesting a reinspection.

(5)     In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

(6)     On the first offense, the inspection is refused, failed and a reinspection fee is assessed. If there are subsequent violations, additional action may be taken ranging from citations to suspension of the City of Garland Electrical Contractors Business Registration.

Article 90 “Introduction” is amended by adding article 90.13 “connection to electric utilities” as follows:

90.13 Connection to electric utilities.

(A)     Energy connections. An electrical system or equipment regulated by this Code for which a permit is required shall not be connected to a source of energy or power until approved by the Building Official.

(B)     Temporary connections. The Building Official may authorize the temporary connection of the electrical system or equipment to the source of energy or power for the purpose of testing the equipment, or for the use under a temporary certificate of occupancy. The temporary wiring shall not be left energized while unattended.

Article 90 “Introduction” is amended by adding article 90.14 “working hours” as follows:

90.14 Working hours.

(A)     Hours established. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use, including multifamily uses, shall be allowed only between 7:00 a.m. and 8:00 p.m. each day of the week. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use, including multifamily uses, shall be prohibited between 8:00 p.m. and 7:00 a.m. each day of the week.

(B)     Other regulations unaffected. This section does not authorize violation of any other legally established regulation, either public or private, regulating noise nuisance to residents.

(C)     Exceptions. These regulations do not affect emergency work being done to secure a structure or to reestablish utility service to a structure.

(D)     Variance. The Director of Health, in accordance with section 22.76 of the Code of Ordinances of the City of Garland, may issue a permit of variance to these regulations.

Chapter 1 “general”, article 100 “definitions”, I. “general” shall be amended by adding the following definitions:

Approved, as to materials, equipment and method of construction, refers to approval by the Building Official as the result of investigation and tests conducted by him, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations.

Approved agency is an established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when such agency has been approved by the Building Official.

Building Code is the Building Code as adopted by the City.

Building Official is the officer charged with the administration and enforcement of this Code, or his duly authorized representative, and is the authority having jurisdiction for this Code.

Electrical Code is the National Electrical Code promulgated by the National Fire Protection Association, as adopted by the City.

Electrical system. In this article, any reference to electrical system shall mean electrical conductors, equipment, and raceways; signaling and communications conductors, equipment, and raceways; and optical fiber cables and raceways.

Multiple occupancy building is a building having more than one tenant and may be of single or mixed use groups as classified by the Building Code.

Article 110.3 “Examination, identification, installation, and use of equipment”‘ shall be amended by adding subsection (C) through (K) as follows.

(C)     Testing:

(1)     Whenever there is insufficient evidence of compliance with any of the provisions of this Code, or evidence that materials or construction do not conform to the requirements of this Code, the Building Official may require tests as evidence of compliance to be made at the sole expense of the person providing such materials or performing such construction.

(2)     Test methods shall be as specified by this Code or by other recognized test standards. In the absence of recognized and accepted test methods for the proposed alternate, the Building Official may determine test procedures.

(3)     All tests shall be made by an approved agency and a report indicating the results of such tests filed with the Building Official. Reports of such tests shall be retained by the Building Official for a period deemed appropriate by the Building Official.

(D)     Additions, alterations or repairs.

(1)     Additions, alterations or repairs may be made to any electrical system and equipment without requiring the entire existing electrical system to be upgraded to meet this Code, provided that any addition, alteration or repair conforms to the requirements for a new electrical system and provided further that no hazard to life, health or safety will be created by such additions, alterations or repairs.

(2)     Minor additions, alterations and repairs to existing electrical systems and equipment may be made in accordance with the law in effect at the time the original installation was made, when approved by the Building Official.

(E)     Existing installations. Electrical systems and equipment lawfully in existence at the time of the adoption of this Code may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health or property has been created by such electrical system and equipment. Except in regards to electrical service, meter base, panel and breakers that are being replaced-repaired, whereas the replacement-repair would need to meet 2014 NEC and utility service provider specifications. Example #1. If existing panel was in a closet the new panel may not be installed in a closet. Example #2 .If meter base is repaired or replaced the height must be installed per utility company specifications. Example #3. If overhead service being repaired or replaced the point of attachment may not be lower than 2014 NEC standards and meet utility company requirements. Example #4. Existing panel must be grounded and if the existing panel is the first means of disconnect it must have no more than 6 disconnecting means to remove power from all circuits.

(F)     Change in building occupancy. Electrical systems and equipment which are a part of any building or structure undergoing a change in use or occupancy, as defined in the Building Code, shall comply with the requirements of this Code which are applicable to the new use or occupancy.

(G)     Maintenance. All electrical systems and equipment, both existing and new, and all parts thereof shall be maintained in a proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required by this Code shall be maintained in conformance with this Code. The owner or his designated agent shall be responsible for the maintenance of the electrical system. To determine compliance with this subsection, the Building Official may cause any electrical system to be reinspected.

(H)     Moved building. Electrical systems and equipment which are a part of buildings or structures moved into or within the City shall comply with the provisions of this Code for new installations.

(I)     Appliances in attics. Attics containing appliances requiring access for maintenance, repair, or replacement shall be provided with an opening and unobstructed passageway large enough to allow removal of the largest appliance. The passageway shall not be less than 30 inches high and 22 inches wide and not more than 20 feet in length measured along the centerline of the passageway from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring not less than 22 inches wide. A level service space not less than 30 inches deep and 30 inches wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches or shall be larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following:

1.     A permanent stair;

2.     A pull down stair with a minimum 300 lb. capacity;

3.     An access door from an upper floor level; or

4.     An access panel may be used in lieu of items 1, 2, or 3 with prior approval of the Building Official due to building conditions.

Exception: The passageway and level service space are not required where the appliance is capable of being removed through the required.

(J)     Equipment and appliances on roofs or elevated structures. Where equipment or appliances requiring access for maintenance, repair, or replacement are installed on roofs or elevated structures at an aggregate height exceeding 16 feet, such access shall be provided by a permanent approved means of access. Permanent exterior ladders providing roof access need not extend closer than 12 feet to the finish grade or floor level below and shall extend to the equipment or appliance's level service space. Such access shall not require climbing over obstructions greater than 30 inches high or walking on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope).

(K)     Sloped roofs. Where appliances, equipment, fans or other components that require service for maintenance, repair, or replacement are installed on roofs having slopes greater than 4 units vertical in 12 units horizontal and having an edge more than 30 inches above grade at such edge, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to a level platform at the appliance. The level platform shall be provided on each side of the appliance to which access is required for service, repair or maintenance. The platform shall be not less than 30 inches in any dimension and shall be provided with guards. The guards shall extend not less than 42 inches above the platform, shall be constructed so as to prevent the passage of a 21-inch-diameter sphere and shall comply with the loading requirements for guards specified in the International Building Code.

Article 230.2 “Number of services”, (A) “special conditions” is amended by adding a subsection (7) as follows:

(7)     In supplying electrical service to multifamily dwellings, two or more laterals or overhead service drops shall be permitted to a building when both of the following conditions are met:

(a)     The building has six or more individual gang meters and all meters are grouped at the same location.

(b)     Each lateral or overhead service drop originates from the same point of service.

Article 230.70 “general” (1) “readily accessible location” is amended to read as follows:

(1)     Ready accessible location. The service disconnecting means shall be installed at a readily accessible location either outside of a building or structure or inside the nearest point of entrance of the service conductors. If located inside, the disconnecting means must to be located not more than 5 feet from an exterior wall and a passage door installed to allow access to the equipment. The door must have a permanent sign stating that the electrical disconnecting means is directly inside - ELECTRIC ROOM. Upon entry from the exterior the equipment needs to be insight and readily accessible. Lettering at the exterior door the must be 2" tall and 1/2" wide and be visible from the utility company power source.

Article 230.71 “Maximum number of disconnects”, (A) “general” is amended by adding the following exception.

Exception: Multi-occupant buildings. Individual service disconnecting means is limited to six for each occupant. The number of individual disconnects at one location may exceed six.

Article 310.15 “Ampacities for conductors rated 0–2,000 Volts”, (B) “tables”, (7) 120/240 volt, single-phase dwelling services and feeders” is amended by adding subsection (5) as follows:

(5)     This article shall not be used in conjunction with article 220.82.

Article 310.106 “Conductors” (A) minimum size conductors” is amended by amended to read as follows:

(A)     Minimum size of conductors. The minimum size of conductors shall be shown in table 310.106 (A), except as permitted elsewhere in this Code. Aluminum and copper-clad aluminum conductors may be used in services and feeders only. The use of aluminum and copper-clad aluminum conductors shall be limited to #1 AWG and larger sizes.

Article 600.6 “Disconnects” (A) “location” (2) “within sight of the sign” is amended to read as follows:

(2)     Within sight of the sign. The disconnecting means shall be within sight of the sign or outline lighting system that it controls. Where the disconnecting means is out of line of sight from any section that is able to be energized, the discounting means shall be lockable in accordance with 100.25. The disconnecting means shall be readily accessible.

Article 600.6 “Disconnects” (A) “location” (3) “within sight of the controller” is amended by adding subsection (4) as follows:

(4)     The disconnecting means shall be readily accessible.

Article 680.25 “feeders” (A) “wiring methods” (1) “feeders” is amended by adding the following permissible wiring methods:

(7)     Nonmetallic-sheathed cable.

(8)     Type SE cable.

(Ordinance 5977, sec. 4, adopted 3/7/06; Ordinance 6624, sec. 1, adopted 6/18/13; Ordinance 6850, sec. 5, adopted 8/16/16; Ordinance 6952, sec. 11, adopted 1/16/18)

   Sec. 30.41     Application to existing electrical systems and equipment

(A)     Additions, alterations or repairs.

(1)     Additions, alterations or repairs may be made to any electrical system and equipment without requiring the entire existing electrical system to be upgraded to meet this Code, provided that any addition, alteration or repair conforms to the requirements for a new electrical system and provided further that no hazard to life, health or safety will be created by such additions, alterations or repairs.

(2)     Minor additions, alterations and repairs to existing electrical systems and equipment may be made in accordance with the law in effect at the time the original installation was made, when approved by the Building Official.

(B)     Existing installations. Electrical systems and equipment lawfully in existence at the time of the adoption of this Code may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and no hazard to life, health or property has been created by such electrical system and equipment.

(C)     Change in building occupancy. Electrical systems and equipment which are a part of any building or structure undergoing a change in use or occupancy, as defined in the Building Code, shall comply with the requirements of this Code which are applicable to the new use or occupancy.

(D)     Maintenance. All electrical systems and equipment, both existing and new, and all parts thereof shall be maintained in a proper operating condition in accordance with the original design and in a safe and hazard-free condition. All devices or safeguards which are required by this Code shall be maintained in conformance with this Code. The owner or his designated agent shall be responsible for the maintenance of the electrical system. To determine compliance with this subsection, the Building Official may cause any electrical system to be reinspected.

(E)     Moved building. Electrical systems and equipment which are a part of buildings or structures moved into or within the City shall comply with the provisions of this Code for new installations.

(Ordinance 5977, sec. 4, adopted 3/7/06)

   Sec. 30.42     Definitions

For the purpose of these provisions, certain terms, phrases, words and their derivatives shall be construed as specified in this section. Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, 1986, shall be considered as providing ordinarily accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include feminine and the feminine the masculine.

Approved, as to materials, equipment and method of construction, refers to approval by the Building Official as the result of investigation and tests conducted by him, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations.

Approved agency is an established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when such agency has been approved by the Building Official.

Building Code is the Building Code as adopted by the City.

Building Official is the officer charged with the administration and enforcement of this Code, or his duly authorized representative, and is the authority having jurisdiction for this Code.

Electrical Code is the National Electrical Code promulgated by the National Fire Protection Association, as adopted by the City.

Electrical system. In this article, any reference to electrical system shall mean electrical conductors, equipment, and raceways; signaling and communications conductors, equipment, and raceways; and optical fiber cables and raceways.

Multiple occupancy building is a building having more than one tenant and may be of single or mixed use groups as classified by the Building Code.

(Ordinance 5977, sec. 4, adopted 3/7/06)

   Sec. 30.43     Conflicting provisions

Where, in any specific case, different sections of this Code specify different materials, methods of construction or other requirements, the most restrictive shall govern. (Ordinance 5977, sec. 4, adopted 3/7/06)

   Sec. 30.44     Alternate materials and methods of construction

(A)     The provisions of this Code are not intended to prevent the use of any material or method of construction not specifically prescribed in this Code, provided any alternate has been approved and its use authorized by the Building Official.

(B)     The Building Official may approve any alternate material or method of construction, provided he finds that the proposed design is satisfactory, complies with the provisions of this Code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Code in suitability, strength, effectiveness, fire resistance, durability and safety.

(C)     The Building Official shall require any person seeking approval of an alternate material or method of construction to provide sufficient evidence or proof that the alternate material or method of construction satisfies the requirement of subsection (B) above. Provided, however, that the approval or authorization of any alternate shall not be construed as warranting or representing the safety of any approved alternate.

(Ordinance 5977, sec. 4, adopted 3/7/06)

   Sec. 30.45     Modifications

The electrical regulations of this article may be modified or waived in writing by the Building Official pursuant to section 90.4 of the Electrical Code provided he shall first find that:

(1)     A special individual reason makes the strict letter of this Code impractical;

(2)     The modification is in conformity with the intent and purpose of this Code; and

(3)     That such modification does not lessen health, life and fire safety requirements.

Any waiver or modification shall be obtained from the Building Official prior to starting the work, and a copy of the modification or waiver shall be filed in the office of the Building Official by the applicant.

(Ordinance 5977, sec. 4, adopted 3/7/06)

   Sec. 30.46     Tests

(A)     Whenever there is insufficient evidence of compliance with any of the provisions of this Code, or evidence that materials or construction do not conform to the requirements of this Code, the Building Official may require tests as evidence of compliance to be made at the sole expense of the person providing such materials or performing such construction.

(B)     Test methods shall be as specified by this Code or by other recognized test standards. In the absence of recognized and accepted test methods for the proposed alternate, the Building Official may determine test procedures.

(C)     All tests shall be made by an approved agency and a report indicating the results of such tests filed with the Building Official. Reports of such tests shall be retained by the Building Official for a period deemed appropriate by the Building Official.

(Ordinance 5977, sec. 4, adopted 3/7/06)

   Sec. 30.47     Powers and duties of Building Official

(A)     General. The Building Official is hereby authorized to enforce all the provisions of this Code, which authority includes, but is not limited to the authority to issue a citation to any person who violates any of its provisions. He shall cause a record to be kept of all permits issued and inspections made.

(B)     Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the Building Official may appoint technical officers and inspectors and other employees as shall be authorized from time to time. Such employees shall have powers as delegated by the Building Official.

(C)     Conflict of interest. It shall be unlawful for an employee of the Building Inspection Department to engage in the business of selling, installing, or maintenance of electrical fixtures, devices, equipment or materials, and they shall have no financial interest in any concern engaged in such business at any time while employed by the City.

(D)     Right of entry.

(1)     Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official or his authorized representative, in accordance with applicable law, may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by such Codes, provided that if such building or premises be occupied, he shall first present proper credentials and request entry. If such building or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry be refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry.

(2)     When the Building Official or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to this Code.

(E)     Notice.

(1)     When any order or notice is issued pursuant to the provisions of this Code to any person who cannot be found after a reasonable search, such order or notice may be served by posting it in a conspicuous place upon the premises occupied by him or upon the premises where the defects are alleged to exist. Such posting of the notice shall be considered equivalent to personal service of such order or notice. An order sent by mail in a sealed envelope with postage prepaid and directed to the address of the electrical contractor, owner, lessee, or occupant of the premises shall be equivalent to personal service of such order.

(2)     Inspectors are hereby empowered to attach to the nearest electrical cabinet or equipment feeding defective or hazardous wiring, any official notice or seal to prevent use of electricity in that area, and it shall be unlawful for any other person to place or attach such seal, or to break, change, destroy, tear, mutilate, cover or otherwise deface or injure any such official notice or seal posted by an inspector.

(F)     Stop orders. Whenever any work is being done contrary to the provisions of this Code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work.

(G)     Authority to disconnect utilities in emergencies. The Building Official or his authorized representative shall have the authority to disconnect any electric power or energy service supplied to the building, structure or building service equipment therein regulated by this Code in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter.

(H)     Authority to condemn electrical system and equipment.

(1)     Whenever the Building Official ascertains that any electrical system or equipment regulated in this Code has become hazardous to life, health or property, he may order in writing that such electrical system or equipment either be removed or restored to a safe condition, whichever is appropriate. The written notice itself shall fix a time limit for compliance with such order. No person shall use or maintain defective electrical system or equipment after receiving such notice.

(2)     When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefor shall be given within 24 hours of the order to disconnect to the serving utility, the owner and occupant of such building, structure or premises.

(3)     When any electrical system or equipment is maintained in violation of this Code and in violation of any notice issued pursuant to the provisions of this section, the Building Official shall institute any appropriate action to prevent, restrain, correct or abate the violation.

(I)     Connection after order to disconnect. No person shall make connections from any energy or power supply nor supply power to any electrical system or equipment which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of such electrical system or equipment.

(J)     Liability.

(1)     The Building Official, or his authorized representative charged with the enforcement of this Code, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the Building Official or employee because of such act or omission performed by him in the enforcement of any provision of this Code shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings.

(2)     This Code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building, structure or building service equipment therein for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by the Code or approvals issued under this Code.

(K)     Cooperation of other officials and officers. The Building Official may request, and shall receive so far as is required in the discharge of his duties, the assistance and cooperation of other officials of this jurisdiction.

(Ordinance 5977, sec. 4, adopted 3/7/06)

   Sec. 30.48     Unsafe electrical systems or equipment

(A)     All electrical systems or equipment regulated by this Code which constitute a fire hazard or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of electrical systems or equipment regulated by this Code constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use.

(B)     All such unsafe electrical systems or equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in article II of chapter 30 or article I of chapter 32 of this Code, as applicable, or such alternate procedure as may be adopted by this jurisdiction. As an alternative, the Building Official or other employee or official of the City as designated by the governing body may institute any other appropriate action to prevent, restrain, correct or abate the violation.

(Ordinance 5977, sec. 4, adopted 3/7/06)

   Sec. 30.49     Violations

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain any electrical system or equipment or cause or permit the same to be done in violation of this Code. Any violation of this Code is a misdemeanor and shall be punishable as provided by section 10.05 of this Code. The issuance or granting of a permit or approval of plans and specifications or the completion or approval of an inspection shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this Code. No permit presuming to give authority to violate or cancel the provisions of this Code shall be valid, except insofar as the work or use which is authorized is lawful. (Ordinance 5977, sec. 4, adopted 3/7/06)

   Sec. 30.50     Appeals

(A)     Appeals. Any person aggrieved by any decision or ruling made by the Building Official under the provisions of this Article III, “Electrical Code,” may appeal to the Unified Building Standards Commission.

(B)     Appeal Procedures. The provisions, procedures, rules, and deadlines of Section 30.02 shall apply to all appeals made under this Article III.

(Ordinance 5977, sec. 4, adopted 3/7/06; Ordinance 6952, sec. 12, adopted 1/16/18)

   Sec. 30.51     Electrical registrations, licenses, and supervision of work

(A)     Any person providing services as an electrical contractor in the City must register with the Building Inspection Department as a contractor. To register with the City as a contractor, application shall be made in writing on forms furnished for that purpose and filed with the Building Official. The application shall show the contractor's name, local address and telephone number, a copy of the applicant's state electrical contractor's license, and such other information as may reasonably be required to properly identify the contractor. Such application shall be accompanied by the fee prescribed in the fee schedule located in section 30.301 of this Code.

(B)     Except as provided in subsection (C), all provisions of the Texas Electrical Safety and Licensing Act, found in the State Occupations Code, title 8, chapter 1305 and the Administrative Rules of the state department of licensing and regulation, 16 Texas Administrative Code, chapter 73 shall be in full force within the City.

(C)     Any electrical license or registration issued by the City which has not expired by the adoption date of the ordinance codified in this article shall remain valid and in full effect until the expiration date of said license. Upon the expiration date of said license, the City will not renew or honor the rights previously granted by the license. When all such licenses are expired, the electrical licensing program of the City shall cease.

(Ordinance 5977, sec. 4, adopted 3/7/06; Ordinance 6624, sec. 2, adopted 6/18/13)

   Sec. 30.52     Permits

(A)     Permits required. Except as specified in subsection (C) of this section, no electrical system regulated by this Code shall be installed, altered, repaired, replaced or remodeled unless a separate electrical permit for each building or structure has first been obtained from the Building Official, or without first submitting a subcontractor's affidavit form for work authorized under a combined building permit.

(B)     It shall be unlawful for any person to lend, rent, or transfer an electrical permit or subcontractor's affidavit, or permit a person without proper license or registration to do the work, or for any person to make use of any such permit or affidavit which is not actually his own, and any such permit obtained or affidavit submitted under these conditions shall be null and void.

(C)     Exempt work. An electrical permit shall not be required for the following:

(1)     Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by this Code.

(2)     Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location.

(3)     Temporary decorative lighting.

(4)     Repair or replacement of current-carrying parts of any switch, contactor or control device.

(5)     Reinstallation of attachment plug receptacles, but not the outlets therefor.

(6)     Repair or replacement of any overcurrent device of the required capacity in the same location.

(7)     Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.

(8)     Taping joints.

(9)     Removal of electrical wiring.

(10)     Temporary wiring for experimental purposes in suitable commercial and industrial experimental laboratories.

(11)     The wiring for temporary theater, motion picture or television stage sets.

(12)     Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

(13)     Low-energy power, control and signal circuits of classes II and III as defined in this Code.

(14)     A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility.

Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this Code or any other laws or ordinances.

(Ordinance 5977, sec. 4, adopted 3/7/06; Ordinance 6624, sec. 3, adopted 6/18/13)

   Sec. 30.53     Application for permit

(A)     Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency for that purpose. Every such application shall:

(1)     Identify and describe the work to be covered by the permit for which application is made.

(2)     Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

(3)     Indicate the use or occupancy for which the proposed work is intended.

(4)     Be accompanied by plans, diagrams, computations and specifications and other data as required in subsection (B) of this section.

(5)     Be signed by permittee, or his authorized agent.

(6)     Give such other data and information as may be required by the Building Official.

(B)     Plans and specifications. With each application for a permit, and where required by the Building Official for enforcement of any provision of this Code, plans, specifications and calculations shall be submitted in the quantity deemed necessary by the Building Official. When deemed necessary by the Building Official to ensure code compliance, the Building Official may require plans and specifications to be prepared and designed by an engineer licensed by the state. All drawings, specifications and accompanying data involved with the practice of engineering, such as structural, mechanical, plumbing, electrical, heating and cooling, energy, fire, life and safety systems, shall comply with state and local laws governing the practice of engineering as required by article 3271a, Vernon's Annotated Texas Statutes.

(C)     Information on plans and specifications. Plans and specifications shall be drawn to scale upon substantial paper and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations.

(Ordinance 5977, sec. 4, adopted 3/7/06; Ordinance 6624, sec. 4, adopted 6/18/13)

   Sec. 30.54     Permits issuance

(A)     Issuance.

(1)     The applications, plans and specifications, and other data, filed by an applicant for permit may be reviewed by other departments of the City to determine compliance with any applicable laws under their jurisdiction. If the work described in an application for a permit and the plans, specifications and other data filed therewith conforms to the requirements of this Code and other pertinent laws and ordinances, and the fees prescribed in the fee schedule (section 30.301 of this Code) have been paid, the Building Official may issue a permit therefor to the applicant.

(2)     When the Building Official issues the permit where plans are required, he shall endorse in writing or stamp the plans and specifications “APPROVED.” Such approved plans and specifications shall not be changed, modified or altered without authorizations from the Building Official, and all work shall be done in accordance with the approved plans.

(3)     The Building Official may issue a permit for the construction of part of an electrical system before the entire plans and specifications for the whole system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this Code. The holder of such permit shall proceed at his own risk with assurance that the permit for the entire building, structure or building service will be granted.

(B)     Retention of plans. One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. One set of approved plans, specifications and computations shall be retained by the Building Official until final approval of the work.

(C)     Validity of permit.

(1)     The issuance of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this Code, or of any other ordinance of the City, nor shall the issuance of a permit or approval of plans be construed as representing or warranting the safety or lack of defects of any electrical work described therein. No permit presuming to give authority to violate or cancel the provisions of these Codes shall be valid.

(2)     The issuance of a permit based upon plans, specifications and other data shall not prevent the Building Official from thereafter requiring the correction of errors in said plans, specifications and other data, or from preventing building operations being carried on thereunder when in violation of these Codes or of any other ordinances of the City.

(D)     Expiration. An individual permit issued by the Building Official shall expire by limitation and become null and void on the expiration of two (2) years after its issuance if no progress has been made toward the completion of the project, or upon expiration of the project. (A project shall expire immediately after the fifth anniversary of the date the first permit application was filed for the project if no progress had been made towards completion of the project.) Once a permit for particular work has expired, a new permit must be applied for and obtained before the work can be commenced. The permit fee shall be the full amount required for a new permit for such work. The Building Official or his designee shall determine the extent to which the work must comply with any new regulations that were not in effect at the time the original permit was issued.

(E)     Suspension or revocation. The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of the City.

(Ordinance 5977, sec. 4, adopted 3/7/06; Ordinance 6624, sec. 5, adopted 6/18/13)

   Sec. 30.55     Inspections

(A)     General. All electrical systems and equipment for which a permit is required by this Code shall be subject to inspection by the Building Official. No portion of any electrical system intended to be concealed shall be concealed until inspected and approved. Neither the Building Official nor the City shall be liable for expense entailed in the removal or replacement of any material necessary to allow inspection. When the installation of an electrical system and equipment is complete, an additional and final inspection shall be made. Electrical systems and equipment regulated by this Code shall not be connected to the energy source until authorized by the Building Official.

(B)     Inspection requests.

(1)     It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Building Official.

(2)     It shall be the duty of the person requesting inspections required by this Code to provide access to and means for proper inspection of such work.

(C)     Operation of electrical equipment. The requirements of this section shall not be construed to prohibit the operation of any electrical system or equipment installed to replace existing equipment. The request for inspection of such equipment must have been filed with the Building Official not more than 48 hours after such replacement work is completed and before any portion of such electrical system is concealed by any permanent portion of the building.

(D)     Other inspections. In addition to the called inspections required by this Code, the Building Official may make or require other inspections of any work to ascertain compliance with the provisions of this Code and other laws which are enforced by the code enforcement agency.

(E)     Reinspections.

(1)     A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when required corrections are not made.

(2)     This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection or when required corrections are not made.

(3)     Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official.

(4)     The applicant shall pay the reinspection fee prior to requesting a reinspection.

(5)     In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

(Ordinance 5977, sec. 4, adopted 3/7/06)

   Sec. 30.56     Connection approval

(A)     Energy connections. An electrical system or equipment regulated by this Code for which a permit is required shall not be connected to a source of energy or power until approved by the Building Official.

(B)     Temporary connections. The Building Official may authorize the temporary connection of the electrical system or equipment to the source of energy or power for the purpose of testing the equipment, or for the use under a temporary certificate of occupancy. The temporary wiring shall not be left energized while unattended.

(Ordinance 5977, sec. 4, adopted 3/7/06; Ordinance 6624, sec. 6, adopted 6/18/13)

   Sec. 30.57     Working hours

(A)     Hours established. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use, including multifamily uses, shall be allowed only between 7:00 a.m. and 8:00 p.m. each day of the week. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use, including multifamily uses, shall be prohibited between 8:00 p.m. and 7:00 a.m. each day of the week.

(B)     Other regulations unaffected. This section does not authorize violation of any other legally established regulation, either public or private, regulating noise nuisance to residents.

(C)     Exceptions. These regulations do not affect emergency work being done to secure a structure or to reestablish utility service to a structure.

(D)     Variance. The Director of Health, in accordance with section 22.76 of this Code, may issue a permit of variance to these regulations.

(Ordinance 5977, sec. 4, adopted 3/7/06)

   Secs. 30.58–30.74          Reserved

   ARTICLE IV. MECHANICAL CODE*

   Sec. 30.75     Adopted

The International Mechanical Code (“Mechanical Code”), 2015 edition, is hereby adopted by reference. A copy shall be kept on file in the office of the City Secretary. Unless deleted, amended, expanded or otherwise changed herein, all provisions of the Mechanical Code shall be fully applicable, binding, and of full force and effect within the City. (Ordinance 5977, sec. 5, adopted 3/7/06; Ordinance 6506, sec. 3, adopted 12/6/11; Ordinance 6850, sec. 6, adopted 8/16/16)

   Sec. 30.76     Amendments, modifications and deletions

The following sections of the International Mechanical Code (“Mechanical Code”), as adopted in section 30.75 above, are amended, modified, or deleted as follows:

Section 102.8 Referenced Code and standards, shall be amended to read as follows:

102.8 Referenced Codes and standards. The Codes and standards referenced herein shall be those that are listed in chapter 15 and such Codes, when specifically adopted, and standards shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and the referenced standards, the provisions of this Code shall apply. Whenever amendments have been adopted to the referenced Codes and standards, each reference to said Code and standard shall be considered to reference the adopted amendments. Any reference to NFPA 70 or the National Electrical Code (NEC) shall mean the Electrical Code as adopted.

Section 109 of the International Mechanical Code is amended in its entirety and shall read as follows:

(A)     Appeals. Any person aggrieved by any decision or ruling made by the Building Official under the provisions of this Article IV, “Mechanical Code,” may appeal to the Unified Building Standards Commission.

(B)     Appeal Procedures. The provisions, procedures, rules, and deadlines of Section 30.02 shall apply to all appeals made under this Article IV, “Mechanical Code.”

Section 304.3 Elevation of ignition source, shall be amended by adding the following exception:

Exception: Elevation of the ignition source is not required for water heaters that are listed as flammable vapor resistant and for installation without elevation.

Section 304.7 Private garages, shall be deleted in its entirety.

Section 306.3 Appliances in attics, shall be amended to read as follows:

306.3 Appliances in attics. Attics containing appliances requiring access for maintenance, repair, or replacement shall be provided with an opening and unobstructed passageway large enough to allow removal of the largest appliance. The passageway shall not be less than 30 inches high and 22 inches wide and not more than 20 feet in length measured along the centerline of the passageway from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring not less than 22 inches wide. A level service space not less than 30 inches deep and 30 inches wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches or shall be larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following:

1.     A permanent stair;

2.     A pull down stair with a minimum 300 lb capacity;

3.     An access door from an upper floor level; or

4.     An access panel may be used in lieu of items 1, 2, or 3 with prior approval of the Building Official due to building conditions.

Exception: The passageway and level service space are not required where the appliance is capable of being removed through the required opening.

Section 306.5 Equipment and appliances on roofs or elevated structures, shall be amended to read as follows:

306.5 Equipment and appliances on roofs or elevated structures. Where equipment or appliances requiring access for maintenance, repair, or replacement are installed on roofs or elevated structures at an aggregate height exceeding 16 feet, such access shall be provided by a permanent approved means of access. Permanent exterior ladders providing roof access need not extend closer than 12 feet to the finish grade or floor level below and shall extend to the equipment or appliance' s level service space. Such access shall not require climbing over obstructions greater than 30 inches high or walking on roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope).

A receptacle outlet shall be provided at or near the equipment and appliance location in accordance with the Electrical Code.

Section 306.5.1 Sloped roofs shall be amended to read as follows:

306.5.1 Sloped roofs. Where appliances, equipment, fans or other components that require service for maintenance, repair, or replacement are installed on roofs having slopes greater than 4 units vertical in 12 units horizontal and having an edge more than 30 inches above grade at such edge, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to a level platform at the appliance. The level platform shall be provided on each side of the appliance to which access is required for service, repair or maintenance. The platform shall be not less than 30 inches in any dimension and shall be provided with guards. The guards shall extend not less than 42 inches above the platform, shall be constructed so as to prevent the passage of a 21-inch-diameter sphere and shall comply with the loading requirements for guards specified in the International Building Code.

Section 306.6 Water heaters above the ground floor shall be added to read as follows:

306.6 Water heaters above the ground floor. When the mezzanine or platform in which a water heater is installed is more than 8 feet about the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building.

Exception: A maximum 10 gallon water heater (or larger with approval) is capable of being accessed through a lay-in ceiling and a water heater is installed is not more than ten (10) feet above the ground or floor level and may be reached with a portable ladder.

Section 306.6.1 Convenience lighting and outlet, shall be added to read as follows:

306.6.1 Convenience lighting and outlet. Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with section 306.3.1 of the Mechanical Code.

Section 307.2.2 Drainpipe material and sizes, shall be amended to read as follows:

307.2.2 Drainpipe materials and sizes. Components of the condensate disposal system shall be cast iron, galvanized steel, copper, cross-linked polyethylene, polybutylene, polyethylene, ABS, CPVC or, where exposed to ultraviolet light, schedule 80 PVC pipe or tubing. All components shall be selected for the pressure, temperature, and exposure rating of the installation. Condensate waste and drain line size shall be not less than 3/4-inch internal diameter and shall not decrease in size from the drain pan connection to the place of condensate disposal. Where the drain pipes from more than one unit are manifolded together for condensate drainage, the pipe or tubing shall be sized in accordance with an approved method. All horizontal sections of drainpiping shall be installed in uniform alignment at a uniform slope.

Section 307.2.3 Auxiliary and secondary drain system, shall be amended by amending item 2 to read as follows:

2.     A separate overflow drain line shall be connected to the drain pan provided with the equipment. The overflow drain shall discharge to a conspicuous point of disposal to alert occupants in the event of a stoppage of the primary drain. The overflow drain line shall connect to the drain pan at a higher level than the primary drain connection. However, the conspicuous point shall not create a hazard such as dripping over a walking surface or other areas so as to create a nuisance.

Section 403.2.1 Recirculation of air, shall be amended by adding an item 5 [4] to read as follows:

4.     Toilet rooms within private dwellings that contain only a water closet, lavatory or combination thereof may be ventilated with an approved mechanical recirculating fan or similar device designed to remove odors from the air.

Section 501.2 Independent system required, shall be amended by adding a third exception to read as follows:

3.     Bathroom exhaust ducts may terminate in an attic, warehouse or shop area when infiltration of outside air is present. Vents shall be installed so as not to be blocked by blown insulation or other obstructions.

Section 501.3 Exhaust discharge, shall be amended to read as follows:

501.3 Exhaust discharge. The air removed by every mechanical exhaust system shall be discharged outdoors at a point where it will not cause a public nuisance and not less than the distances specified in section 501.3.1. The air shall be discharged to a location from which it cannot again be readily drawn in by a ventilating system. Air shall not be exhausted into an attic, crawl space, or be directed onto walkways.

Exceptions:

1.     Whole-house ventilation-type attic fans shall be permitted to discharge into the attic space of dwelling units having private attics.

2.     Commercial cooking recirculating systems.

3.     Where installed in accordance with the manufacturer's instructions and where mechanical or natural ventilation is otherwise provided in accordance with chapter 4, listed and labeled domestic ductless range hoods shall not be required to discharge to the outdoors.

4.     Toilet room exhaust ducts may terminate in a warehouse or shop area when infiltration of outside air is present.

Section 504.6 Makeup air shall be amended by adding a sentence at the end of the paragraph to read as follows:

The size of duct shall not be reduced along its developed length nor at the point of termination.

Section 607.5.1 shall be amended to read as follows:

607.5.1 Firewalls. Ducts and air transfer openings permitted in firewalls in accordance with section 705.11 of the International Building Code shall be protected with listed fire dampers installed in accordance with their listing. For hazardous exhaust systems see sections 510.1 thru 510.9 of the Mechanical Code.

(Ordinance 5977, sec. 5, adopted 3/7/06; Ordinance 6506, sec. 4, adopted 12/6/11; Ordinance 6850, sec. 7, adopted 8/16/16; Ordinance 6952, sec. 13, adopted 1/16/18)

   Secs. 30.77–30.79          Reserved

   ARTICLE V. PLUMBING CODE AND FUEL GAS CODE*

   Sec. 30.80     Adoption of International Plumbing Code

The International Plumbing Code (“Plumbing Code”), 2015 edition, is herewith adopted by reference. A copy of the Plumbing Code shall be kept on file in the office of the City Secretary. Unless deleted, amended, expanded or otherwise changed herein, all provisions of the Plumbing Code shall be fully applicable and binding and of full force and effect within the City. This adoption includes appendices B, D, and E of the Plumbing Code. (Ordinance 5977, sec. 6, adopted 3/7/06; Ordinance 6506, sec. 5, adopted 12/6/11; Ordinance 6850, sec. 8, adopted 8/16/16)

   Sec. 30.81     Amendments, modifications and deletions to the International Plumbing Code

The following sections of the International Plumbing Code (“Plumbing Code”), as adopted in section 30.80, are amended, modified, or deleted as follows:

Section 102.8 Referenced Codes and standards shall be amended to read as follows:

102.8 Referenced Codes and standards. The Codes and standards referenced in this Code shall be those that are listed in chapter 15 and such Codes, when specifically adopted, and standards shall be considered as part of the requirements of this Code to the prescribed extent of each such reference. Where the differences occur between provisions of this Code and the referenced standards, the provisions of this Code shall be the minimum requirements. Whenever amendments have been adopted to the referenced Codes and standards, each reference to said Code and standard shall be considered to reference the adopted amendments. Any reference to NFPA 70 or the National Electrical Code (NEC) shall mean the Electrical Code as adopted.

Section 109 of the International Plumbing Code is amended in its entirety and shall read as follows:

(A)     Appeals. Any person aggrieved by any decision or ruling made by the Building Official under the provisions of this Article V, “Plumbing Code,” may appeal to the Unified Building Standards Commission.

(B)     Appeal Procedures. The provisions, procedures, rules, and deadlines of Section 30.02 shall apply to all appeals made under this Article V, “Plumbing Code.”

Section 305.4.1 Sewer depth shall be amended to read as follows:

305.4.1 Sewer depth. Building sewers shall be a minimum of 12 inches (304 mm) below grade.

Section 305.7 protection of components of plumbing system shall be amended to read as follows:

305.7 Protection of components of plumbing system. Components of a plumbing system installed within 3 feet along alleyways, driveways, parking garages or other locations in a manner in which they could be exposed to damage shall be recessed into the wall or otherwise protected in an approved manner.

Section 305.10 Exterior hydrants shall be amended by adding a new section to read as follows:

305.10 Exterior hydrants. Exterior hydrants installed through the walls shall be installed with a copper or brass pipe nipple from the threaded female drop ear ninety-degree elbow to the water hydrants with an appropriate vacuum breaker. Frost-proof hydrants shall be installed when subject to freezing.

Section 312.2 Drainage and vent water test shall be amended to read as follows:

312.2 Drainage and vent water test. A water test shall be applied to the drainage system either in its entirety or in sections. If applied to the entire system, all openings in the piping shall be tightly closed, except the highest opening, and the system shall be filled with water to the point of overflow. If the system is tested in sections, each opening shall be tightly plugged except the highest opening of the section under test, and each section shall be filled with water, but no section shall be tested with less than a 5 foot head of water. In testing successive sections, at least the upper 5 feet of the next preceding section shall be tested so that no joint or pipe in the building, except the uppermost 5 feet of the system shall have been submitted to a test of less than 5 foot head of water. The water shall be kept in the system, or in the portion under test, for at least 15 minutes before inspection starts. The system shall then be tight at all points.

Section 312.9.2 Inspection and testing of backflow prevention assemblies shall be amended by adding a new section to read as follows:

312.9.2 Inspection and testing of backflow prevention assemblies. Testing shall comply with the City's cross­connection control regulations. Cross-connection control regulations are set forth in article V, chapter 51 of the Code of Ordinances.

Section 312.10.1 Inspections shall be amended to read as follows:

312.10.1 Inspections. Annual inspections shall be made of all backflow prevention assemblies and air gaps to determine whether they are operable. In the absence of an authorized inspection by the City, the owner is responsible to ensure that proper testing is performed.

Section 312.10.2 Testing shall be amended to read as follows:

312.10.2 Testing. Reduced pressure principle backflow preventer assemblies, double check-valve assemblies, pressure vacuum breaker assemblies, reduced pressure detector fire protection backflow prevention assemblies, double check detector fire protection backflow prevention assemblies, hose connection backflow preventers, and spill-proof vacuum breakers shall be tested at the time of installation, immediately after repairs or relocation and at least annually. The testing procedure shall be performed in accordance with applicable local provisions. In the absence of local provisions, the owner is responsible to ensure that testing is done in accordance with one of the following standards: ASSE 5013, ASSE 5015, ASSE 5020, ASSE 5047, ASSE 5048, ASSE 5052, ASSE 5056, CSA B64.10 or CSA B64.10.1.

Section 314.2.1 Condensate disposal shall be amended to read as follows:

314.2 .1 Condensate disposal. Condensate from all cooling coils and evaporators shall be conveyed from the drain pan outlet to an approved place of disposal. Such piping shall maintain a minimum horizontal slope in the direction of discharge of not less than one-eighth unit vertical in 12 units horizontal (1-percent slope). Condensate shall not discharge into a street, alley, sidewalk, rooftop, or other areas so as to cause a nuisance.

Section 314.2.2 Drainpipe material and sizes shall be amended to read as follows:

314.2.2 Drainpipe materials and sizes. Components of the condensate disposal system shall be cast iron, galvanized steel, copper, cross-linked polyethylene, polybutylene, polyethylene, ABS, CPVC, or, where exposed to ultraviolet light, schedule 80 PVC pipe or tubing. All components shall be selected for the pressure, temperature and exposure rating of the installation. Joints and connections shall be made in accordance with the applicable provisions of chapter 7 of the Plumbing Code relative to the material type. Condensate waste and drain line size shall not be less than 3/4-inch internal diameter and shall not decrease in size from the drain pan connection to the place of condensate disposal. Where the drainpipes from more than one unit are manifolded together for condensate drainage, the pipe or tubing shall be sized in accordance with table 314.2.2 of the Plumbing Code. All horizontal sections of drain piping shall be installed in uniform alignment at a uniform slope.

Section 401.1 Scope shall be amended by adding a sentence to read to the end of the section to read as follows:

The provisions of this chapter of the Plumbing Code are meant to work in coordination with the provisions of the Building Code. Should any conflicts arise between these two Codes, the Building Official shall determine which provision will control, the presumption being that the more restrictive provision will apply.

Section 403.1 Minimum number of fixtures shall be amended to read as follows:

403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of occupancy and in the minimum number as follows:

1.     Assembly occupancies. At least one drinking fountain shall be provided at each floor level in an approved location.

Exception: A drinking fountain need not be provided in a drinking or dining establishment.

2.     Groups A, B, F, H, I, M and S occupancies: Buildings or portions thereof where persons are employed shall be provided with at least one water closet for each sex except as provided for in section 403.2.

3.     Group E occupancies: Shall be provided with fixtures as shown in table 403.1.

4.     Group R occupancies: Shall be provided with fixtures as shown in table 403.1.

It is recommended, but not required, that the minimum number of fixtures provided also comply with the number shown in table 403.1. Types of occupancies not shown in table 403.1 shall be considered individually by the Building Official. The occupancy classification and the number of occupants shall be determined by the Building Code.

Section 410.1 Approval shall be amended to read as follows:

410.1 Approval. Drinking fountains shall conform to ASME A112.19.1M, ASME A112.19.2M or ASME A112.19.9M, and water coolers shall conform to ARI 1010. Drinking fountains and water coolers shall conform to NSF 61, section 9. (See section 403.1 of the Plumbing Code, as adopted and amended, to determine the occupancies that require drinking fountains and water coolers.) Electrically operated, refrigerated drinking water coolers shall be listed and labeled in accordance with UL 399.

Section 412.2.1 Required location shall be added to read as follows:

412.2.1 Required location. Floor drains shall be installed in the following areas:

1.     In public coin-operated laundries and in the central washing facilities of multiple-family dwellings, the rooms containing automatic clothes washers shall be provided with floor drains located to readily drain the entire floor area. Such drains shall have a minimum outlet of not less than 3 inches in diameter.

2.     Commercial kitchens. In lieu of floor drains kitchens the Building Official may accept floor sinks.

3.     Public restrooms.

Section 417.5.2 Shower lining shall be amended to read as follows:

417.5.2 Shower lining. Floors under shower compartments, except where prefabricated receptors have been provided, shall be lined and made watertight utilizing material complying with sections 417.5.2.1 thru 417.5.2.5 of the Plumbing Code. Such liners shall turn up on all sides at least 2 inches above the finished threshold level and shall extend outward over the threshold and fastened to the outside of the threshold jamb. Liners shall be recessed and fastened to an approved backing so as not to occupy the space required for wall covering, and shall not be nailed or perforated at any point less than 1 inch above the finished threshold. Liners shall be pitched one-fourth unit vertical in 12 units horizontal (2-percent slope) and shall be sloped toward the fixture drains and be securely fastened to the waste outlet at the seepage entrance, making a water-tight joint between the liner and the outlet. The completed liner shall be tested in accordance with sections 312.9 and 417.7 of the Plumbing Code.

Section 417.7 Test for shower lining shall be adding as a new section to read as follows:

417.7 Test for shower lining. Shower receptors shall be tested for water tightness by filling with water to the level of the rough threshold. The drain shall be plugged in a manner so that both sides of pans shall be subjected to the test at the point where it is clamped to the drain.

Section 502.3 Water heaters installed in attics, shall be amended by adding the following to end of the section as follows:

502.3 Water heaters installed in attics. Attics containing a water heater shall be provided with an opening and unobstructed passageway large enough to allow removal of the water heater. The passageway shall not be less than 30 inches in height and 22 inches in width and not more than 20 feet in length when measured along the centerline of the passageway from the opening to the water heater. The passageway shall have continuous solid flooring not less than 24 inches in width. A level service space not less than 30 inches in length and30 inches in width shall be present at the front or service side of the water heater. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions be not less than 20 inches by 30 inches (508 mm by 762 mm) where such dimensions are large enough to allow removal of the water heater. A walkway to an appliance shall be rated as a floor as approved by the Building Official. As a minimum, for access to the attic space, provide one of the following:

1.     A permanent stair.

2.     A pull down stair with a minimum 300 lb (136 kg) capacity.

3.     An access door from an upper floor level.

4.     Access panel may be used in lieu of items 1, 2, and 3 with prior approval of the Code Official due to building conditions.

Section 502.6 Water heaters above ground or floor shall be added as a new section as follows:

502.6 Water heaters above ground or floor. When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building.

Exception: A max 10 gallon water heater (or larger with approval) is capable of being accessed through a lay-in ceiling and a water heater is installed is not more than ten (10) feet (3048 mm) above the ground or floor level and may be reached with a portable ladder.

502.6.1 Illumination and convenience outlet. Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with section 502 .1 of the Plumbing Code.

Section 504.6 Requirement for discharge piping shall be amended to read as follows:

504.6 Requirements for discharge piping. The discharge piping serving a pressure relief valve, temperature relief valve or combination thereof shall:

1.     Not be directly connected to the drainage system.

2.     Discharge through an air gap.

3.     Not be smaller than the diameter of the outlet of the valve served and shall discharge full size to the air gap.

4.     Serve a single relief device and shall not connect to piping serving any other relief device or equipment.

Exception: Multiple relief devices may be installed to a single T & P discharge piping system when approved by the Building Official and permitted by the manufacture's installation instructions and installed per those instructions.

5.     Discharge to an indirect waste receptor or to the outdoors. Where discharging to the outdoors in areas subject to freezing, discharge piping shall be first piped to an indirect waste receptor through an air gap located in a conditioned area.

6.     Discharge in a manner that does not cause personal injury or structural damage.

7.     Discharge to a termination point that is readily observable by the building occupants.

8.     Not be trapped.

9.     Be installed so as to flow by gravity.

10.     Not terminate less than 6 inches or more than 24 inches above grade.

11.     Not have a threaded connection at the end of such piping.

12.     Not have valves or tee fittings.

13.     Be constructed of those materials listed in section 605.4 or materials tested, rated and approved for such use in accordance with ASME A112.4.1.

Section 504.7.1 Pan size and drain shall be amended to read as follows:

504.7.1 Pan size and drain. The pan shall be not less than 1-1/2 inches (38 mm) in depth and shall be of sufficient size and shape to receive all dripping or condensate from the tank or water heater. The pan shall be drained by an indirect waste pipe having a diameter of not less than 3/4 inch (19 mm). Piping for safety pan drains shall be of those materials listed in table 605.4. Multiple pan drains may terminate to a single discharge piping system when approved by the administrative authority and permitted by the manufactures installation instructions and installed with those instructions.

Section 604.4.1 State maximum flow rate shall be added as a new section as follows:

604.4.1 State maximum flow rate. Where the State mandated maximum flow rate is more restrictive than those of this section, the State flow rate shall take precedence.

Section 606.1 Location of full-open valves shall be amended by deleting items 4 and 5.

Section 606.2 Location of shutoff valves shall be amended by deleting item 2.

Section 608.1 General shall be amended to read as follows:

608.1 General. A potable water supply system shall be designed, installed and maintained in such a manner so as to prevent contamination from nonpotable liquids, solids or gases being introduced into the potable water supply through cross-connections or any other piping connections to the system. Backflow preventer applications shall conform to the City's cross-connection control regulations, table 608.1 of the Plumbing Code, except as specifically stated in sections 608.2 thru 608.16.10.

Section 608.16.5 Connections to lawn irrigation systems shall be amended to read as follows:

608.16.5 Connections to lawn irrigation systems. The potable water supply system to lawn irrigation systems shall be protected against backflow by an atmospheric type vacuum breaker, a pressure type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer. A valve shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer.

Section 608.17 Protection of individual water supplies shall be amended to read as follows:

608.17 Protection of individual water supplies. An individual water supply shall be located and constructed so as to be safeguarded against contamination in accordance with the City's cross-connection control program. When not regulated by the City's cross­connection control program, installation shall be in accordance with sections 608.17.1 thru 608.17.8 of the Plumbing Code.

Section 610.1 General shall be amended to read as follows:

610.1 General. New or repaired potable water systems shall be purged of deleterious matter and disinfected prior to utilization. The method to be followed shall be that prescribed by the health authority or water purveyor having jurisdiction or, in the absence of a prescribed method, the procedure described in either AWWA C651 or AWWA C652, or as described in this section. This requirement shall apply to “on-site” or “in-plant” fabrication of a system or to a modular portion of a system.

1.     The pipe system shall be flushed with clean, potable water until dirty water does not appear at the points of outlet.

2.     The system or part thereof shall be filled with a water/chlorine solution containing at least 50 parts per million (50 mg/l) of chlorine, and the system or part thereof shall be valved off and allowed to stand for 24 hours; or the system or part thereof shall be filled with a water/chlorine solution containing at least 200 parts per million (200 mg/l) of chlorine and allowed to stand for 3 hours.

3.     Following the required standing time, the system shall be flushed with clean potable water until the chlorine is purged from the system.

4.     The procedure shall be repeated where shown by a bacteriological examination that contamination remains present in the system.

Exception: With prior approval the Code Official may wave this requirement when deemed unnecessary.

Section 701.2.1 Availability determination shall be adding as a new section to read as follows:

701.2 .1. Availability determination. The availability of the public sewer to the building, lot or premises shall be determined by the City Director of Engineering.

Section 703.6 Combined sanitary and storm public sewer shall be deleted in its entirety.

Section 704.5 Single stack fittings shall be added as a new section to read as follows:

704.5 Single stack fittings. Single stack fittings with internal baffle, PVC schedule 40 or cast iron single stack shall be designed by a registered engineer and comply to a national recognized standard.

Section 705.11.2 Solvent cementing shall be amended by deleting the exceptions in their entirety.

Table 710.1(1) Building drains and sewers and table 710.1(2) horizontal fixtures branches and stacks shall be amended by adding a footnote “d.” to read as follows:

d.     Minimum 2 inch DWV piping is required below the first floor level of a slab on grade or similar foundation. {Annotation “d” to be placed after each table title.}

Section 712.5 Dual pump system shall be added as a new section as follows:

712.5 Dual pump system. All sumps shall be automatically discharged and, when in any “public use” occupancy where the sump serves more than 10 fixture units, shall be provided with dual pumps or ejectors arranged to function independently in case of overload or mechanical failure. For storm drainage sumps and pumping systems, see section 1113.

Section 714 Title shall be amended as follows:

SECTION 714

ENGINEERED DRAINAGE DESIGN

Section 714.1 Design of drainage system shall be amended to read as follows:

714.1 Design of drainage system. The sizing, design and layout of the drainage system shall be designed by a registered engineer using approved design methods.

Section 804.2 Special waste pipe, fittings and components shall be added as a new section to read as follows:

804.2 Special waste pipe, fittings, and components. Pipes, fittings, and components receiving or intended to receive the discharge of any fixture into which acid or corrosive chemicals are placed shall be constructed of CPVC, high silicone iron, PP, PVDF, chemical resistant glass, or glazed ceramic materials.

Section 904.1 Roof extension shall be amended to read as follows:

904.1 Roof extension. Open vent pipes that extend through a roof shall be terminated not less than 6 inches above the roof. Where a roof is to be used for assembly or as a promenade, observation deck, sunbathing deck or similar purpose, open vent pipes shall terminate not less than 7 feet above the roof.

Section 915.1 Type of fixture shall be amended to read as follows:

915.1 Type of fixture. A combination waste and vent system shall not serve fixtures other than standpipes, floor drains, sinks, lavatories and drinking fountains. Combination waste and vent systems shall not receive the discharge from food waste disposer or clinical sink.

Section 915.2 Installation shall be amended to read as follows:

915.2 Installation. The only vertical pipe of a combination drain and vent system shall be the connection between the fixture drain of a sink, standpipe, and the horizontal combination drain and vent pipe. The maximum vertical distance shall be 8 feet.

Section 917 Single stack vent system shall be deleted in its entirety.

Section 918.2.1 Installation approval shall be adding as a new section to read as follows:

918.2.1 Installation approval. The installation of air admittance values shall not be permitted without first obtaining permission from the Building Official. The valves shall be installed in accordance with the requirements of this section and the manufacturer's installation instructions. Installation plans for air admittance valve systems must be submitted, in duplicate, specifically showing the location of all air admittance valves, relief vents, and vent stacks. One copy of the approved plan shall be required to remain on the jobsite until all inspections are completed. Air admittance valves shall be installed after the DWV testing required by Plumbing Code section 312.2 or 312.3 has been performed.

Section 1002.10 Plumbing in mental health centers shall be deleted in entirety.

Section 1003.2 Approval shall be amended to read as follows:

1003.2 Approval. The size, type and location of each interceptor and of each separator shall be designed and installed in accordance with the City's Health Department requirements, manufacture's instruction and the requirements of this section based on the anticipated conditions of use. Wastes that do not require treatment or separation shall not be discharged into any interceptor or separator.

Section 1003.3 Grease interceptors, shall be amended to read as follows:

1003.3 Grease interceptors. Grease interceptors shall comply with all requirement established by the City and shall comply with the requirements of sections 1003.3.1 through 1003.3.5.

Section 1106.1 General shall be amended to read as follows:

1106.1 General. The size of the vertical conductors and leaders, building storm drains, building storm sewers, and any horizontal branches of such drains or sewers shall be based on the 100-year hourly rainfall rate of 6 inches per hour.

Section 1101.8 Cleanouts required shall be amended to read as follows:

1101.8 Cleanouts required. Cleanouts or manholes shall be installed in the storm drainage system and shall comply with the provisions of this Code for sanitary drainage pipe cleanouts.

Section 1108.3 Sizing of secondary drains shall be amended to read as follows:

1108.3 Sizing of secondary drains. Secondary (emergency) roof drain systems shall be sized in accordance with section 1106 of the Plumbing Code. Scuppers shall be sized to prevent the depth of ponding water from exceeding that for which the roof was designed as determined by section 1101.7 of the Plumbing Code. Scuppers shall not have an opening dimension of less than 4 inches. The flow through the primary system shall not be considered when sizing the secondary roof drain system.

Section 1109 Combined sanitary and storm public sewer shall be deleted in its entirety.

Section 1202.1 Nonflammable medical gases shall be amended by deleting exception 2.

(Ordinance 5977, sec. 6, adopted 3/7/06; Ordinance 6506, sec. 6, adopted 12/6/11; Ordinance 6850, sec. 9, adopted 8/16/16; Ordinance 6952, sec. 14, adopted 1/16/18)

   Sec. 30.82     Adoption of International Fuel Gas Code

The International Fuel Gas Code (“Fuel Gas Code”), 2015 edition, is hereby adopted by reference. A copy shall be kept on file in the office of the City Secretary. Unless deleted, amended, expanded or otherwise changed herein, all provisions of the Fuel Gas Code shall be fully applicable, binding, of full force and effect within the City. (Ordinance 5977, sec. 6, adopted 3/7/06; Ordinance 6506, sec. 7, adopted 12/6/11; Ordinance 6850, sec. 10, adopted 8/16/16)

   Sec. 30.83     Amendments, modifications and deletions to the International Fuel Gas Code

The following sections of the International Fuel Gas Code (“Fuel Gas Code”), as adopted in section 30.82 of the Code of Ordinances, are amended, modified, or deleted as follows:

Section 101.1 Title shall be amended to read as follows:

101.1 Title. These regulations shall be known as the Fuel Gas Code of the City of Garland, hereinafter referred to as “this Code.” Administration of the Fuel Gas Code shall be in accordance with chapter 1 of the Plumbing Code, which includes all provisions of chapter 1301 of the Texas Occupations Code (“the Plumbing License Law”). This Code shall apply only to those gas systems specifically regulated by the Plumbing License Law.

Section 102.2 Existing installations, add an exception to read as follows:

Exception: Existing dwelling units shall comply with section 621.2.

Section 102.8 Referenced Codes and standards, shall be amended to read as follows:

102.8 Referenced Codes and standards. The Codes and standards referenced in this Code shall be those that are listed in chapter 8 and such Codes, when specifically adopted, and standards shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and the referenced standards, the provisions of this Code shall apply. Whenever amendments have been adopted to the referenced Codes and standards, each reference to said Code and standard shall be considered to reference the amendments as well.

Section 106.6.2 Fee schedule, shall be amended to read as follows:

106.6.2 Fee schedule. The fee for such permit shall be as prescribed by the fee schedule located in article XVI of chapter 30 of the Code of Ordinances.

Section 109 of the International Fuel Gas Code is amended in its entirety and shall read as follows:

(A)     Appeals. Any person aggrieved by any decision or ruling made by the Building Official under the provisions of this Article V, “Fuel Gas Code,” may appeal to the Unified Building Standards Commission.

(B)     Appeal Procedures. The provisions, procedures, rules, and deadlines of Section 30.02 shall apply to all appeals made under this Article V, “Fuel Gas Code.”

Section 304.10 Louvers and grilles, shall be amended to read as follows:

304.10 Louvers and grilles. The required size of openings for combustion, ventilation and dilution air shall be based on the net free area of each opening. Where the free area through a design of louver, grille or screen is known, it shall be used in calculating the size opening required to provide the free area specified. Where the design and free area of louvers and grilles are not known, it shall be assumed that wood louvers will have 25-percent free area and metal louvers and grilles will have 50-percent free area. Screens shall have a mesh size not smaller than [1/4]-inch. Nonmotorized louvers and grilles shall be fixed in the open position. Motorized louvers shall be interlocked with the appliance so that they are proven to be in the full open position prior to main burner ignition and during main burner operation. Means shall be provided to prevent the main burner from igniting if the louvers fail to open during burner start­up and to shut down the main burner if the louvers close during operation.

Section 304.11 Combustion air ducts, item #8 shall be amended to read as follows:

8.     Combustion air intake openings located on the exterior of a building shall have the lowest side of such openings located not less than 12 inches vertically from the adjoining ground level or the manufactures recommendation, whichever is more restrictive.

Section 305.5 Private garages, shall be deleted in its entirety.

Section 306.3 Appliances in attics, shall be amended to read as follows:

306.3 Appliances in attics. Attics containing appliances shall be provided with an opening and unobstructed passageway large enough to allow removal of the largest appliance. The passageway shall not be less than 30 inches high and 22 inches wide and not more than 20 feet in length along the centerline of the passageway from the opening to the appliance. The passageway shall have a continuous solid flooring not less than 24 inches wide. A level service space not less than 30 inches deep and 30 inches wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches, or larger where such dimensions are not large enough to allow removal of the largest appliance. A walkway to an appliance shall be rated as a floor as approved by the Building Official. As a minimum, for access to the attic space, provide one of the following:

1.     A permanent stair.

2.     A pull down stair with a minimum 300 lb (136 kg) capacity.

3.     An access door from an upper floor level.

4.     Access panel may be used in lieu of items 1, 2, and 3 with prior approval of the Code Official due to building conditions.

Exceptions:

1.     The passageway and level service space are not required where the appliance is capable of being serviced and removed through the required opening.

2.     Where the passageway is not less than 6 feet high for its entire length, the passageway shall not be greater than 50 feet in length.

Section 306.5 Equipment and appliances on roofs or elevated structures, shall be amended to read as follows:

306.5 Equipment and appliance on roofs or elevated structures. Where equipment requiring access or appliances are located on elevated structures or the roof of a building such that personnel will have to climb higher than sixteen (16) feet (4877 mm) above grade to access such equipment or appliance, an interior or exterior means of access shall be provided. Such access shall not require climbing over obstructions greater than thirty (30) inches (762 mm) in height or walking on roofs having a slope greater than four (4) units vertical in twelve (12) units horizontal (33-percent slope). Such access shall not require the use of portable ladders. Permanent exterior ladders providing access need not extend closer than eight (8) feet (2438 mm) to the finished grade.

Section 306.5.1 Sloped roofs, shall be amended to read as follows:

306.5.1 Sloped roofs. Where appliances, equipment, fans or other components that require service are installed on a roof having a slope of 3 units vertical in 12 units horizontal (25-percent slope) or greater and having an edge more than 30 inches (762 mm) above grade at such edge, a catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart shall be provided from the roof access to a level platform at the appliance. The level platform shall be provided on each side of the appliance to which access is required for service, repair or maintenance. The platform shall be not less than 30 inches (762 mm) in any dimension and shall be provided with guards. The guards shall extend not less than 42 inches (1067 mm) above the platform, shall be constructed so as to prevent the passage of a 21-inch-diameter (533 mm) sphere and shall comply with the loading requirements for guards specified in the International Building Code.

Section 306.5.1.1 Catwalks, shall be added to read as follows:

306.5.1.1 Catwalks. On roof having slopes greater four (4) units vertical in twelve (12) units horizontal (33-percent slope), a catwalk at least twenty-four (24) inches wide with substantial cleats not more than sixteen (16) inches apart shall be provided from the roof access to the working platform at the appliance.

Section 306.7 Water heaters above the ground floor, shall be added read as follows:

306.7 Water heaters above ground or floor. When the attic, roof, mezzanine or platform in which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be made accessible by a stairway or permanent ladder fastened to the building.

Exception: A maximum 10 gallon water heater (or larger when approved by the Building Official) is capable of being accessed through a lay-in ceiling or a water heater is installed is not more than 10 feet above the ground or floor level and may be reached with a portable ladder.

Section 306.7.1 Illumination and convenience outlet, shall be added to read as follows:

306.7.1 Illumination and convenience outlet. Whenever the mezzanine or platform is not adequately lighted or access to a receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet shall be provided in accordance with section 306.3.1 of the Fuel and Gas Code.

Section 401.5 Identification, shall be amended to read as follows:

Section 401.5 Identification. For other than steel pipe, exposed piping shall be identified by a yellow label marked “gas” in black letters. The marking shall be spaded at intervals not exceeding 5 feet. The marking shall not be required on pipe located in the same room as the appliance served. Both ends of each section of medium pressure corrugated stainless steel tubing (CSST) shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following working shall be stamped into the tag:

“WARNING

1/2 to 5 psi gas pressure

Do Not Remove”

Section 402.3 Sizing, shall be amended by adding an exception to read as follows:

Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2".

Section 404.9 Minimum burial depth, is amended to read as follows:

404.9 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 18 inches below grade.

Section 406.4 Test pressure measurement, shall be amended to read as follows:

406.4 Test pressure measurement. Test pressure shall be measured with a monometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made.

Section 406.4.1 Test pressure, shall be amended to read as follows:

406.4.1 Test pressure. The test pressure to be used shall be no less than 3 psig (20 kPa gauge), or at the discretion of the Code Official, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge. For tests requiring a pressure of 3 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one half inches (3-1/2"), a set hand, 1/10 pound incrimination and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one-half inches (3-1/2"), a set hand, a minimum of 2/10 pound incrimination and a pressure range not to exceed 20 psi. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one-half times the proposed maximum working pressure.

Section 406.4.2 Test duration, shall be amended to read as follows:

406.4.2 Test duration. Test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than fifteen (15) minutes. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than thirty (30) minutes.

Section 409.1.4 Valves in CSST installations, shall be added as a new section to read as follows:

409.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping.

Section 410.1 Pressure regulators, shall be amended to read as follows:

410.1 Pressure regulators. A line pressure regulator shall be installed where the appliance is designed to operate at a lower pressure than the supply pressure. Line gas pressure regulators shall be listed as complying with ANSI Z21.80. Access shall be provided to pressure regulators. Pressure regulators shall be protected from physical damage. Regulators installed on the exterior of the building shall be approved for outdoor installation. Access to regulators shall comply with the requirements for access to appliances as specified in section 306.

Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening.

Section 503.6.11 Support of gas vents, shall be amended to read as follows:

503.6.11 Support of gas vents. Gas vents shall be supported and spaced in accordance with the manufacturer's installation instructions. Supports shall be installed at every offset and at the vent pipe where it extends through the roof flashing, roof jack or roof thimble. Adjustable fittings shall not be used as lateral support for roof penetration.

Section 621.2 Prohibited use, shall be amended to read as follows:

621.2 Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit.

Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the Code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist.

(Ordinance 5977, sec. 6, adopted 3/7/06; Ordinance 6506, sec. 8, adopted 12/6/11; Ordinance 6850, sec. 11, adopted 8/16/16; Ordinance 6952, sec. 15, adopted 1/16/18)

   Sec. 30.84     Reserved

   ARTICLE VI. SIGN REGULATIONS*

   Sec. 30.85     Purpose

(A)     Signs use private land and the sight lines created by the public rights-of-way to inform and persuade the general public by publishing a message. This article provides standards for the erection and maintenance of private signs. All private signs not exempted as provided below shall be erected and maintained in accordance with these standards except when under the Downtown Urban Design or State Highway 190 Development Standards. The general objectives of these standards are to promote health, safety, welfare, convenience and enjoyment of the public and, in part, to achieve the following:

(1)     Safety. To promote the safety of persons and property by providing that signs:

(a)     Do not create a hazard due to collapse, fire, collision, decay or abandonment;

(b)     Do not obstruct firefighting or police surveillance; and

(c)     Do not create traffic hazards by confusing or distracting motorists, or by impairing the driver's ability to see pedestrians, obstacles or other vehicles, or to read traffic signs.

(2)     Communications efficiency. To promote the efficient transfer of information in sign messages by providing that:

(a)     Businesses and services may identify themselves;

(b)     Customers and other persons may locate a business or service;

(c)     No person or group is arbitrarily denied the use of the sight lines from the public right-of-way for communication purposes;

(d)     Persons exposed to signs are not overwhelmed by the number of messages presented, and are able to exercise freedom of choice to observe or ignore said messages, according to the observer's purpose.

(3)     Landscape quality and preservation. To protect the public welfare and to enhance the appearance and economic value of the landscape by providing that signs:

(a)     Do not interfere with scenic views;

(b)     Do not create a nuisance to persons using the public rights-of-way;

(c)     Do not constitute a nuisance to occupancy of adjacent and contiguous property by their brightness, size, height or movement;

(d)     Are not detrimental to land or property values; and

(e)     Contribute to the special character of particular areas or districts within the City, helping the observer to understand the City and orient oneself within it.

(B)     Nothing contained in this chapter is intended to favor commercial speech over noncommercial speech. Notwithstanding anything else contained in this chapter, protected noncommercial speech shall be permitted on any sign on which commercial speech is allowed under this chapter and any sign containing protected noncommercial speech shall be deemed to be an on-premises sign.

(Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 6482, sec. 1, adopted 9/6/11)

   Sec. 30.86     Definitions

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section. Terms not defined herein shall have the meaning assigned to them in the Building Code. Terms not defined herein or in the Building Code shall have the meaning customarily assigned to them by the dictionary.

Activity means any person, business, organization or other entity.

Awning means a roof-like structure, temporary in nature, which is not an integral structural part of and is accessory to the building which it serves and is retractable, collapsible or capable of being folded.

Building means a structure which has a roof supported by walls for the shelter, support or enclosure of persons, animals or chattel.

Canopy means a projecting roof-like covering which is a permanent and integral part of the building's structure.

Character means any letter of the alphabet or any numeral.

City means the City of Garland, Texas.

Commission means the Plan Commission of the City.

Expressway means any public right-of-way designated as an expressway or freeway by the ordinances or resolutions of the City, as amended.

Facade means any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in the directions within forty-five (45) degrees of one another, they are to be considered as part of a single facade.

Height, as applied to a sign, shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and the average grade within 5 feet of any part of the sign.

Intersection means the junctions of the centerlines of any two (2) public rights-of-way, other than alleyways, crossing at grade, or, where the crossing is separated at grade, the intersection shall be the point at which expressway travel pavements converge or diverge, or the point at which any expressway interchange ramp intersects the expressway travel pavement.

Luminance means the brightness of a sign or a portion thereof expressed in terms of footcandles. For the purpose of this article, luminance shall be determined by the use of an exposure meter calibrated to standards established by the National Bureau of Standards and equipped with a footcandles scale.

Occupancy is the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.

Parapet is a low wall or railing which protects the edge of a roof, porch or terrace.

Roofline means the ridge line or the highest portion which is the highest part of a roof.

Setback means the required distance between any point on private land and the nearest point at the edge of the nearest public right-of-way, other than an alley. Where a public way crosses a railroad right-of-way, the setback distance is to be measured from the public right-of-way line extended across the railroad right-of-way.

Sign means any device, flag, light, figure, mural, painting, picture, letter, word, message, symbol, plaque or poster visible from outside the site on which it is located and designed to inform or attract the attention of persons not on that premises, excluding those lights and landscape features which display no words or symbols, and temporary holiday decorations.

Sign area, for freestanding signs, means the area enclosed by the minimum imaginary rectangle of vertical and horizontal lines which fully contains all extremities of the sign, exclusive of its supports. This rectangle is to be calculated from an orthographic projection of the sign viewed horizontally. A viewpoint for this projection is to be taken which gives the largest rectangle of that kind, as the viewpoint is rotated horizontally around the sign. If elements of the sign are movable or flexible, such as a flag or string of lights, the measurement shall be taken when the elements are fully extended and parallel to the plane of view. The sign area for attached signs shall mean the sum of the areas of the minimum imaginary rectangles enclosing each word attached to any particular facade. This definition shall also apply to signs which are composed solely of words which identify a premises and which are attached to freestanding walls not over six (6) feet in height.

Sign, attached means any sign attached to, applied on, or supported by any part of a building (including canopy facia, walls and awnings) which encloses or covers usable space.

Sign band means an architectural element expressly designed to accommodate attached signs on a building.

Sign copy. See definition of “sign.”

Sign, directional means an off-premises sign the content of which is limited exclusively to the identification of a specific site, activity or occupancy located elsewhere, and which tells the location of or route to that site, activity or occupancy.

Sign, freestanding means any detached sign connected to the ground which is not an attached, portable or vehicular sign.

Sign, homebuilder/real estate directional means a directional sign involving real estate which is for sale or lease, open for exhibit, or under development.

Sign, illegal means any sign that was erected in violation of any sign regulation applicable at the time of erection of such sign. Any sign which does not comply with the provisions of this article, or which is not deemed as a nonconforming sign by the Building Official shall be considered an illegal sign.

Sign, illuminated means any sign which is directly lighted by any electrical light source, internal or external. This definition shall not include signs which are illuminated by street lights or other light sources owned by any public agency or light sources which are specifically operated for the purpose of lighting the area in which the sign is located rather than the sign itself.

Sign, marquee means any sign which has interchangeable letters (plastic, metal, magnetic, etc.) and these individual letters are changed manually.

Sign, monument means a freestanding sign the display face of which is contiguous with the ground and not elevated above grade by use of poles, struts, or wires.

Sign, movement control means a sign which directs vehicular or pedestrian movement within or onto the premises on which the movement control sign is located.

Sign, nonconforming means any sign erected legally and in compliance with all sign regulations applicable at the time of erection, but which does not comply with the provisions of this article. It shall be the burden of the owner of a nonconforming sign to prove that the sign was erected legally and in compliance with all sign regulations applicable at the time of its erection.

Sign, off-premises means any sign which is not an on-premises sign.

Sign, on-premises means any sign the content of which relates to the site on which it is located, referring exclusively to the name, location, products, persons, accommodations, services or activities of or on those sites, or the sale, lease or construction of those sites.

Sign, political means any type of nonpremises sign which refers only to the issues or candidates involved in a political election.

Sign, portable means a sign which is easily moved from one location to another, including signs which are mounted on skids, trailers, wheels, legs or stakes and which are not fixed permanently to the ground, and which is not an attached sign, political sign, vehicular sign or a sign which refers solely to the sale or lease of the premises.

Sign, programmable means a sign capable of displaying changing content through still, animated, scrolling or moving messages or images by remote or automatic means without the need to physically touch the sign face. The term includes signs that display messages or images by means of electronic or digital illumination such as cathode ray tubes, light emitting diodes, plasma screens, liquid crystal displays, fiber optics, lasers, and similar technology.

Sign, projecting means any attached sign, other than an awning or canopy, which projects perpendicular from a building and which has one (1) end attached to the building.

Sign, protective means any sign which is commonly associated with safeguarding the permitted uses of the occupancy, including, but not limited to, “Bad Dog,” “No Trespassing,” and “No Solicitors.”

Sign, special purposes means a sign temporarily supplementing the permanent signs on a site.

Sign, vehicular means any sign on a vehicle moving along the ground or on any vehicle parked temporarily, incidental to its principal use for transportation. This definition shall not include signs which are being transported to a site of permanent erection.

Site means a building which houses a single activity and the contiguous grounds and parking areas which exclusively service that building or any number of activities housed by a single building or multiple buildings which share common egress or ingress from a public street or right-of-way as established under section 30.101.

Street means a public right-of-way utilized by the public and shall include such terms as avenue, drive, circle, road, boulevard, highway, but shall not include alleys.

Thoroughfare means any public right-of-way which is eighty (80) feet in width or greater designated as a thoroughfare by the City by ordinance or resolution.

Wind device means any flag, banner, pennant, streamer or similar device that moves freely in the wind. All wind devices are considered to be signs, and are regulated and classified as attached or detached by the same rules as other signs.

Word. For the purpose of this article, one word shall be deemed to be any of the following:

(1)     Any word in any language found in any standard unabridged dictionary or dictionary of slang.

(2)     Any proper noun or any initial.

(3)     Any separate symbol or abbreviation, such as “&,” “$,” “%,” and “Inc.”

(4)     Any telephone number, street number or commonly used combination of numerals and/or symbols such as “$5.00” or “50%.”

(5)     Any symbol or logo which is a registered trademark, but which itself contains no word or character.

(6)     Otherwise, each separate character is considered to be a word.

Zoning district, business means any zoning district designated other than residential zoning by the comprehensive zoning ordinance of the City, as amended.

Zoning district, residential means any zoning district designated as a residential district in the comprehensive zoning ordinance as amended.

(Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97; Ordinance 6482, secs. 2, 3, adopted 9/6/11)

   Sec. 30.87     General provisions

(A)     The provisions of sections 30.88 through 30.93 shall apply to all signs in the City, without regard to zoning.

(B)     All signs erected or maintained pursuant to the provisions of this article shall be erected and maintained in compliance with all applicable state laws and with the Building Code, Electrical Code and other applicable ordinances of the City. In the event of conflict between this article and other laws, the most restrictive standard applies.

(C)     No sign shall be erected, maintained, placed or otherwise situated in such a manner so as to obstruct or interfere with the minimum sight line standards as provided in chapter 33, transportation of this Code.

(Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97)

   Sec. 30.88     Imitation of traffic and emergency signs prohibited

No person shall cause to be erected or maintained any sign using any combination of forms, words, colors or lights which imitate standard public traffic regulatory, emergency signs or signals.

   Sec. 30.89     Roof signs

(A)     No sign shall project above the roofline or be attached to a roof of a building.

(B)     Exceptions:

(1)     Signs may be placed on the first 30" above the roof on a parapet or similar projection which is continuous on two or more sides of the structure.

(2)     Signs may be placed a maximum of 10 feet above the roof on a parapet or similar projection which is continuous on three or more sides.

(3)     Signs shall not project above any portion of a parapet or similar projection.

(Ordinance 4416, sec. 1, adopted 4/17/90)

   Sec. 30.90     Signs in rights-of-way prohibited

(A)     Except as specifically authorized in this article, no sign shall be erected or affixed within or project over any public right-of-way or across the public right-of-way line extended across a railroad right-of-way. This section shall not be construed so as to prohibit the carrying or displaying of signs by any person so long as such sign is not connected or affixed to the real property comprising the public right-of-way, its fixtures and appurtenances. Homeowners' association and crime watch meeting and alert signs and structures in the central area zoning districts may have signs projecting over the public right-of-way. (See section 30.106 and 30.108.)

(B)     Signs not exceeding eight (8) square feet in area nor five (5) feet in height pertaining to a garage sale located upon a residential lot may be erected off-premises on private residential property, provided the approval of the owner of such off-premises location shall first be obtained. Such signs shall be prohibited within or projecting over any public right-of-way.

(Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97)

   Sec. 30.91     Signs on public property

Except as specifically authorized in this article, no person shall affix, erect, post or attach a sign on any City-owned property. No person shall affix, erect, post or attach any sign or other material to, or paint, stencil or otherwise mark any sidewalk, curb, gutter, street, tree, utility pole, traffic sign, traffic light fixture or equipment, public building, public fence or screening wall, or public structure. This section does not apply to governmental signs displayed under governmental authority or the posting, painting, stenciling, or marking of street address numbers onto curbs. (Ordinance 6455, sec. 2, adopted 4/19/11)

   Sec. 30.92     Floating sign prohibited

Signs consisting of lighter-than-air or floating devices are prohibited. (Ordinance 4416, sec. 1, adopted 4/17/90)

   Sec. 30.93     Portable signs prohibited

(A)     Portable signs, as is defined in section 30.86, are prohibited, except as provided in subsection (B).

(B)     Portable A-frame or sandwich board signs may be located within the Central Area 1 Zoning District, provided:

(1)     Such signs shall not exceed four (4) feet in height nor eight (8) square feet in area per side, with a maximum of two (2) sides per sign;

(2)     A minimum sidewalk width of four (4) feet shall be maintained free from obstructions;

(3)     Such signs may be located in or project over public right-of-way, but shall not be located closer than one (1) foot from the adjacent street curb;

(4)     Such signs shall be limited to one (1) per occupancy and shall only be displayed during business hours; and

(5)     Such signs shall not be illuminated.

(Ordinance 5045, sec. 1, adopted 2/4/97)

   Sec. 30.94     Special purpose signs

(A)     Special purpose political signs regarding an issue or candidate in an election may be erected on private property without limit as to number; provided, that such signs comply with other applicable requirements of this article; and provided further, that the owner or occupant of the property on which sign is displayed:

(1)     Shall not erect or cause to be erected special purpose political signs until forty-five (45) days prior to any primary, general , special or local election;

(2)     Shall remove the signs within ten (10) days after the general, runoff, special, or local election to which a sign pertains or after the termination of a candidacy, whichever occurs first.

(B)     Flags, emblems and insignia of a governmental entity are allowed.

(C)     Special purpose, temporary construction signs denoting the architect, engineer, contractor, subcontractor or financier and temporary signs denoting the future location of a particular business, retail center or institution are allowed one such construction sign and one such future location sign per street adjacent to the construction site or future location site. No such sign shall exceed thirty-two (32) square feet in area nor extend higher than fifteen (15) feet as measured from ground level; provided, that such signs are located on the premises where construction or location being advertised is or will be occurring. Such signs shall be removed upon issuance of a certificate of occupancy.

(D)     Special purpose freestanding signs for the purpose of identifying the location of or direction to subdivisions or major home builder sites are allowed. Such signs shall be on-premises and shall not exceed one hundred (100) square feet in area, nor extend more than fifteen (15) feet in height, or when located adjacent to a screening wall shall not extend more than twenty (20) feet in height. A home builder with twenty-five (25) lots or more qualifies as a major home builder. One such sign may be allowed for subdivisions, major home builders, sites or developments of thirty (30) acres, or less. One additional sign shall be allowed for each additional thirty (30) acres. Permits for such signs may be granted for a maximum period of six-month intervals, with such signs being removed upon ninety (90) percent completion of the project. No such sign shall be located closer than one hundred (100) feet to a residential dwelling not within the subdivision.

(E)     Off-premises, special purpose freestanding directional signs for the purpose of identifying the location of or direction to a subdivision within a residential zoning district are allowed under the following conditions:

(1)     Such signs shall not advertise any site located outside the City limits;

(2)     Such signs shall be located within a one (1) mile radius of the subdivision to which it pertains and shall not be located closer than one hundred (100) feet to a residential dwelling;

(3)     Such signs shall not exceed one hundred (100) square feet in area, nor extend more than fifteen (15) feet in height;

(4)     The maximum number of such signs shall not exceed one (1) sign per fifty (50) lots, or fraction thereof, nor a maximum of two (2) signs per subdivision;

(5)     No such off-premises, special purpose freestanding directional sign shall be erected closer than one hundred (100) feet from any other off-premises sign on the same side of the thoroughfare;

(6)     Permits for such signs may be granted for maximum intervals of twelve (12) months each with such signs being removed when ninety (90) percent of the lots within the subdivision have been developed.

(F)     Wind devices, heavier-than-air inflatable, and similar special purpose signs promoting a single-family subdivision or multifamily complex shall be allowed a maximum single use period not to exceed sixty (60) days, with a minimum period between permits of sixty (60) days and a maximum number of three (3) permits per year for a given subdivision or complex.

(G)     (1)     Wind devices, heavier-than-air inflatables, and similar special purpose signs, other than temporary banner signs, promoting a retail or commercial establishment or center shall be allowed a maximum single use period not to exceed sixty (60) days with a minimum period between permits of sixty (60) days and a maximum number of three (3) permits per year for a given establishment or center.

(2)     Temporary banner signs shall be allowed under the following conditions:

(a)     Temporary banner signs may have a maximum sign area equal to the square footage of two times the width of the main entrance (front wall) of the building or tenant space occupied by the applicant who intends to display the temporary banner sign, but in no case shall the sign area exceed eighty (80) square feet;

(b)     The allowed time period for any individual permit for a temporary banner sign shall not exceed sixty (60) days;

(c)     The total number of days for which any business at a single location may have a permit or permits for temporary banner sign(s) shall not exceed one hundred and fifty-six (156) days within a twelve-month period;

(d)     Permits may run consecutively; there is no interval between permits required;

(e)     Before any permit is issued, a fee of one hundred dollars ($100.00) must be paid.

(H)     Signs that advertise sales, specials, grand openings, or other goods or services available within an establishment may be placed in windows using water soluble paint, appliques or other temporary and removable means provided that no such window sign may:

(1)     Be located on the window surface in any manner that obscures more than twenty-five percent (25%) of the visible window area available in the absence of any signs; and

(2)     Remain in place more than 60 days in any six-month period.

(Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97; Ordinance 5858, sec. 1, adopted 11/2/04; Ordinance 6342, sec. 1, adopted 8/18/09)

   Sec. 30.95     Movement control signs

Movement control signs may be erected at any activity or on any site, other than a single-family or duplex premises; may be attached or freestanding; and may be erected without limit as to number; provided, that such signs shall comply with other applicable requirements of this article; and:

(1)     Freestanding movement control signs shall not exceed six (6) square feet in effective area and shall not exceed three (3) feet in height.

(2)     If a movement control sign is an attached sign, the letters shall not exceed four (4) inches in height and the sign area shall not exceed six (6) square feet.

(3)     The signs must contain no advertising or identification message.

(Ordinance 4416, sec. 1, adopted 4/17/90)

   Sec. 30.96     Protective signs

A site may contain not more than two (2) protective signs and one (1) additional protective sign per site for every 450 linear feet abutting a public street, in accordance with the following provisions:

(1)     Each sign shall not exceed one hundred (100) square inches in area;

(2)     Freestanding signs shall not exceed two (2) feet in height;

(3)     Letters shall not exceed four (4) inches in height.

(Ordinance 4416, sec. 1, adopted 4/17/90)

   Sec. 30.97     Sale or lease signs

A site may contain on-premises attached or freestanding signs for the purpose of advertising the sale or lease of the real property on which such sign is located, subject to the following provisions:

(1)     Signs advertising the sale or lease of residential property shall not exceed eight (8) square feet in area nor five (5) feet in height. The number of such signs shall be limited to one (1) per lot or complex where such lot or complex abuts one (1) street; one (1) additional sign shall be allowed for each additional street.

(2)     Signs advertising the sale or lease of a business property shall not exceed sixteen (16) square feet in area or eight (8) feet in height.

(Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97)

   Sec. 30.98     Homebuilder/real estate directional signs

A person may erect and display homebuilder/real estate directional signs on public property, subject to the following provisions:

(1)     Signs may be displayed between the hours of noon Friday and noon of the next following Monday. On weekends when Friday of such weekend is a legal holiday, signs may be displayed between the hours of noon Thursday and noon of the next following Monday. On weekends when the next following Monday is a legal holiday, signs may be displayed between the hours of noon Friday and noon of the next following Tuesday. However, no person may erect signs between the hours of 4:00 p.m. and 6:00 p.m.

(2)     Signs shall not exceed five (5) square feet in area. Except as provided herein, no sign shall exceed thirty-six (36) inches in height as measured from ground level.

(3)     Signs shall not be placed within any median, nor closer than three (3) feet to the curb or edge of the street pavement. Signs shall be spaced a minimum of fifteen (15) feet from any adjacent real estate directional sign.

(4)     Signs of any real estate owner or broker less than one (1) mile from the site advertised shall not be less than 500 feet apart and signs more than a mile from the site advertised shall not be less than 1,500 feet apart. No sign shall be more than three (3) miles from the site advertised.

(5)     A homebuilder/real estate directional sign shall not advertise any site located outside the City limits.

(6)     Signs shall not be placed so as to obstruct the vision of passing motorists, nor placed in medians.

(7)     Dented, faded or unmaintained signs are prohibited.

(8)     Signs shall not be artificially illuminated.

(9)     If a person placing or removing signs stops a vehicle on a street, in other than a legal parking space, he shall use and display emergency flashing or revolving lights, in addition to normal vehicle emergency flashing lights.

(10)     Signs erected or displayed contrary to the provisions of this section may be removed by agents and employees of the City, and either stored or destroyed, without liability to the City or its agents or employees. The owner of any sign confiscated by the City may claim the sign, if it remains in the custody of the City, upon the payment to the City of an administrative fee of five dollars ($5.00) per sign. The payment of the administrative fee does not work as a defense of any sort to a prosecution under this section.

(Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97)

   Sec. 30.99     Vehicular signs

Vehicular signs are allowed provided:

(1)     No vehicular sign shall remain within twenty (20) feet from a street right-of-way (R.O.W.) on a site on which the business is located other than during actual use of the vehicle to which the vehicular sign is attached for transportation purposes.

(2)     A vehicular sign shall be incidental to the bona fide use, for transportation purposes, of the vehicle to which the vehicular sign is attached. If a vehicle displaying a vehicular sign is not in bona fide use for transportation purposes, the vehicle shall be deemed to be a freestanding sign and subject to all provisions of this article pertaining to freestanding signs. It shall be a rebuttable presumption that a vehicle displaying a vehicular sign is not in bona fide use for transportation if the vehicle is stopped, parked, or allowed to remain at the same location within the site for any period exceeding twenty-four (24) hours or contains arrows or any directional information relating to the business.

(Ordinance 4416, sec. 1, adopted 4/17/90)

   Sec. 30.100     Government signs

Nothing in this article shall be construed to prevent or affect the display of a national or state flag, or to limit flags, insignia, legal notices or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies. Nothing in this article shall be construed as affecting or limiting the City from displaying signs upon City rights-of-way and City property. (Ordinance 4779, sec. 2, adopted 6/7/94)

   Sec. 30.101     Creation of site

The Building Official shall not issue a permit for construction, erection, placement, or maintenance of a sign until a site is established for the sign.

   Sec. 30.102     Presumption

It shall be a rebuttable presumption that a sign was erected, placed, displayed or maintained by the person identified on the sign by name, address, telephone number, or other identifying characteristics, or to whose benefit the sign directly contributes.

   Sec. 30.103     Provisions for business zoning districts

(A)     The provisions of section 30.104 through 30.106 apply to all signs in business zoning districts unless the sign is within twenty-five (25) feet of either a residential zoning district boundary or a public park of more than one acre.

(B)     Signs within twenty-five (25) feet of either a residential zoning district boundary or a public park of more than one acre shall be governed by the provisions of sections 30.108 through 30.110 of this article.

(Ordinance 4416, sec. 1, adopted 4/17/90)

   Sec. 30.104     Programmable signs, changeable images, and sign illumination

(A)     Subject to the other provisions of this chapter, programmable signs are allowed as on-premises, freestanding signs in both business and residential zoning districts. A site may contain no more than one programmable sign except that, in a business zoning district, if the site has frontage on two or more streets or more than 300 feet of frontage on a single street, not more than two programmable signs are allowed both of which shall be monument signs only. A programmable sign is allowed in a residential zoning district only as a monument sign and only on a site that contains and operates as a lawful nonresidential use as allowed by the zoning classification for that site.

(B)     No sign shall:

(1)     Display animated, full-motion or other moving images, or display a flashing or blinking image, an image that incorporates intermittent or bursts of illumination, or an image that scrolls, fades, rolls, shades, dissolves or otherwise gives the appearance of movement that is not solely a transition between displays as provided by subsection (3);

(2)     Project an image onto the ground or another object;

(3)     Display an image for a period of less than eight seconds or exceed a period of two seconds during a transition between a complete change of message (other than black-screen);

(4)     Transition from one display to the next in a manner that requires the viewer to read subsequent displays in order to determine the message being conveyed; or

(5)     Include any audio message.

(C)     A programmable sign shall be equipped with a properly functioning automatic dimmer to adjust the luminance of the sign relative to ambient light so that at no time shall the sign exceed the luminance limitations of subsection (E). A programmable sign shall be equipped with a properly functioning default mechanism that will cause the sign to revert immediately to a single, fixed, non-transitory image or to a black-screen if the sign malfunctions. The owner of a programmable sign shall provide the Building Official with current, valid contact information for a person who is authorized and able to de-power the programmable sign within four hours of notification in the event of a malfunction.

(D)     A sign, including a programmable sign, may not emanate a luminance more than 0.3 footcandles above the natural ambient light level of the location at the time of measurement, as measured from a point 100 feet from the sign face. A sign, including a programmable sign, that is located in a residential zoning district or on a site that is immediately adjacent to a site used as a residence may not emanate a luminance more than 0.2 footcandles above the natural ambient light level of the location at the time of measurement, as measured from the nearest residential property line. A programmable sign that is located in a residential zone shall display only a single, fixed, non-transitory image or a black-screen during the hours of 10:00 p.m. to 6:00 a.m. and shall be oriented so that the sign face is oriented as near as possible in a perpendicular position in relation to the street frontage on which the sign is located.

(E)     The sign face(s) of a freestanding sign may be converted to a programmable sign only in a manner that fully conforms to the provisions of this Code. A lawfully existing, nonconforming sign must be made conforming in all respects including, without limitation, setback, sign area, height, and number in order to convert the sign face(s) of the sign to a programmable sign.

(Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97; Ordinance 6482, sec. 4, adopted 9/6/11)

   Sec. 30.105     Freestanding signs

Freestanding signs are permitted in business zoning districts as follows:

(1)     Number of freestanding sign.

(a)     Only one freestanding sign of any type may be erected on any site, except that:

(i)     A site which has more than three hundred (300) feet along a single thoroughfare may have one (1) additional freestanding sign.

(ii)     Freestanding signs shall be allowed on each thoroughfare frontage of a site.

(iii)     No more than two (2) freestanding signs shall be allowed per thoroughfare.

(iv)     In no case shall a site possess more than four (4) freestanding signs, except as provided for in sections 30.94, 30.95, 30.96, and 30.97.

(v)     Fast food and drive-through restaurants may have additional sign(s) not exceeding eight (8) feet in height nor fifty-five (55) square feet in area and, if freestanding, located no further than fifteen (15) feet from the building housing that activity.

(vi)     Signs not exceeding sixteen (16) square feet and not exceeding six (6) feet in height are allowed for an activity providing engine fuel sales which advertise prices of fuel on premises. No activity shall have more than one such sign per street front. In no case shall such sign be freestanding, except that where a freestanding pole sign exists and is allowed, such sign may be attached to the pole sign support in addition to the sign thereon supported. In no case shall a sign so supported have a distance of less than twelve (12) feet from the ground below as measured from the bottom of the fuel sign to the nearest grade.

(2)     Setback.

(a)     Freestanding signs of a sign area of fifty (50) square feet or less may be located as near as five (5) feet to the public right-of-way or at the building line if this requires a lesser setback; provided, that said sign does not exceed twenty (20) feet in height.

(b)     A freestanding sign with a sign area of eighty (80) square feet or less may be located as near as fifteen (15) feet to the right-of-way; provided, that said sign does not exceed thirty (30) feet in height.

(c)     A freestanding sign with a sign area of one hundred fifty (150) square feet or less may be located as near as twenty-five (25) feet to the right-of-way or as near as the building setback line specified by the other provisions of this article, whichever is further; provided, that it does not exceed a height of thirty-five (35) feet.

(d)     No part of a freestanding sign shall be closer than twenty-five (25) feet measured radially to another freestanding sign on an adjacent sign site, nor shall any part of a freestanding sign on the same site be closer than one hundred (100) feet radially to another freestanding sign on that same sign site.

(3)     Size and height.

(a)     No freestanding sign shall exceed one hundred fifty (150) square feet in sign area or thirty-five (35) feet in height except as herein provided.

(b)     Where a freestanding sign is totally within one hundred (100) feet of an expressway right-of-way and is oriented to be visible from that expressway, then the following exceptions apply: The height of such signs set back a minimum of forty (40) feet may be a total of thirty-five (35) feet or thirty (30) feet above the nearest lane of travel of the expressway, whichever is higher.

(c)     Freestanding signs may incorporate embellishments or cut-outs; provided, that they shall not exceed twenty (20) percent of the area of the sign face and that they shall not extend beyond the sign face a distance exceeding eighteen (18) inches as measured horizontally.

(d)     Any freestanding sign located in such a manner as to allow, or is likely to allow, the passage of vehicular traffic beneath shall have a minimum distance of fourteen (14) feet as measured from the bottom of the sign to the ground immediately below.

(e)     Notwithstanding anything else contained in this section, a monument sign may not exceed fifty square feet in sign area nor exceed seven feet in height. A monument sign may not incorporate embellishments or cutouts.

(4)     Off-premises signs. Off-premises signs, as defined in section 30.86 of this article, are prohibited.

(Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97; Ordinance 6482, sec. 5, adopted 9/6/11)

   Sec. 30.106     Attached signs

Attached signs are permitted in business districts in accordance with the following provisions:

(1)     Sign area.

(a)     The sign area of an attached sign shall have a maximum square footage of two (2) times the width of the occupant space as measured along main entrance or frontage.

(b)     The sign area for attached signs on multistory buildings shall be two times the width of the main building frontage. The sign area for attached signs on tenant spaces within a multistory building which has a public entrance shall be allowed per the attached sign requirements in subsection (1).

(2)     Location and height.

(a)     Where an activity is located on the first story of a multistory building, an attached sign may not project above the floor level of the second story.

(b)     Where an activity is located above the first story of a multistory building, an attached sign may not project above the floor immediately above.

(c)     No attached sign shall project a distance greater than eighteen (18) inches from the architectural element to which it is affixed.

     Exception: Projection signs shall be permitted within the Central Area 1 Zoning District provided:

(i)     Such signs shall be permitted to extend over public property provided such signs do not extend closer than two (2) feet from the adjacent street curb;

(ii)     Such signs shall not exceed twelve (12) square feet in area with no dimensions exceeding six (6) feet;

(iii)     Vertical clearance below such signs shall not be less than eight (8) feet above any walking surface below and shall not be located over any vehicle traffic areas; and

(iv)     Not more than one such sign shall be allowed per occupancy.

(d)     Where an attached sign is placed in such a manner as to project a distance greater than two (2) inches into a private driveway or other private area likely to be used by vehicular traffic or where the sign is placed in such a manner as to allow the passage of vehicular traffic beneath it, the sign shall have a minimum distance of fourteen (14) feet measured from the bottom of the sign to the ground immediately below.

(e)     Where an attached sign is placed in such a manner as to project a distance greater than two (2) inches into a pedestrian walkway or other area likely to be used by pedestrian traffic or where the sign is placed in such a manner as to allow the passage of pedestrian traffic beneath it, the sign shall have a minimum distance of eight (8) feet; as measured from the bottom of the sign to the ground immediately below.

(Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97)

   Sec. 30.107     Provisions for residential zoning districts

The provisions of sections 30.108 through 30.110 apply to all signs in any residential district, within twenty-five (25) feet of a residential district boundary, within twenty-five (25) feet of a public park of more than one acre, or where a multifamily residential use occurs within a business zoning district. (Ordinance 4416, sec. 1, adopted 4/17/90)

   Sec. 30.108     General provisions applicable to signs in residential zoning districts

(A)     No portion of an illuminated sign shall have a luminance greater than two hundred (200) footcandles.

(B)     No sign nor part of any sign in a residential zoning district shall move, flash, rotate or change its illumination or copy. Marquee signs which meet all the requirements of either the attached or freestanding sign provision are allowed.

(C)     An occupant in residential zoning districts may erect only special purpose signs and special purpose political signs, and premises signs, which include movement control signs and protective signs. Temporary holiday decorations are permitted.

(D)     The Plan Commission may permit the erection of signs on any legally erected structure in any single-family, duplex, and quadraplex residential subdivisions. Such signs are exempt from compliance with the provisions of section 30.110 of this article. The maximum sign area of such signs shall not exceed forty (40) square feet each per section 30.106. The maximum number of signs permitted for each subdivision shall be two (2) signs per street entrance into the platted subdivision area. The sign height, maximum sign area, location on the site, words, setbacks, a graphic presentation of the sign, and number of signs per subdivision shall be prominently indicated on the plans submitted to the Plan Commission.

Exception: Building inspection may issue permits on subdivision signs according to the above-mentioned criteria and the following:

(1)     The signs are attached to screening walls which are not in the right-of-way (R.O.W.).

(2)     The signs are not illuminated.

(E)     Homeowners' association and crime watch meeting and alert signs not exceeding two and one-half (2 1/2) feet in height nor two (2) square feet in area may be placed on public property at the entrances of the homeowners' association and crime watch areas on the day of the meeting or alert and must be removed the following day by 12:00 p.m.

(Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97)

   Sec. 30.109     Freestanding signs

Multifamily and nonresidential sites in residential zones may have freestanding signs subject to the following restrictions:

(1)     Number of signs. Each site may have a freestanding sign for each five hundred (500) feet of frontage along a street, other than an alley. In no case shall such site have more than two (2) freestanding signs.

(2)     Setback, sign area and height. A minimum setback of five (5) feet is required of all freestanding signs. A minimum setback of ten (10) feet from the public right-of-way is required for signs exceeding ten (10) square feet in sign area or fifteen (15) feet in height. A minimum setback of twenty (20) feet is required for all signs exceeding twenty (20) square feet in sign area or twenty (20) feet in height. No freestanding sign shall exceed fifty (50) square feet in sign area or twenty-five (25) feet in height.

(Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97)

   Sec. 30.110     Attached signs

Attached signs are permitted for multifamily premises and nonresidential uses in residential zoning districts and are subject to the provisions of section 30.106 except that an attached sign shall have a maximum sign area of one-half times the width of the building with a maximum of one hundred sixty (160) square feet. (Ordinance 4416, sec. 1, adopted 4/17/90)

   Sec. 30.111     Powers and duties of the Building Official

(A)     Generally. The Building Official is hereby authorized and directed to enforce all the provisions of this Code.

(B)     Right of entry.

(1)     Whenever necessary to make an inspection to enforce any of the provisions of this Code, or whenever the Building Official or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building or premises unsafe, dangerous or hazardous, the Building Official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this Code; provided, that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Building Official or his authorized representative shall have recourse to every remedy provided by law to secure entry.

(2)     When the Building Official or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official or his authorized representative for the purpose of inspection and examination pursuant to this article.

(C)     Stop orders. Whenever any work is being done contrary to the provisions of this article, the Building Official may order the work stopped by notice in writing served on any person engaged in the doing or causing of such work to be done, and any such person shall forthwith stop such work until authorized by the Building Official to proceed with the work.

(Ordinance 4416, sec. 1, adopted 4/17/90)

   Sec. 30.112     Permits, applications, fees

(A)     Permits. No person, firm or corporation shall erect, construct, alter, rebuild, enlarge, extend, convert, maintain, replace, relocate, remove or demolish a sign or alter or change words or rearrange neon tubing on a sign or cause the same to be done without first obtaining a separate sign permit for each sign.

(B)     The following type of signs are exempted from permitting:

(1)     The changing of words on a sign that is designed with interchangeable words.

(2)     Normal maintenance to replace worn parts and repainting deteriorated paint without word change.

(3)     Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.

(4)     Government signs such as flags, insignia, legal notices or informational, directional or traffic signs which are legally required or necessary to the essential functions of government agencies.

(5)     Special purpose political signs subject to the provisions of section 30.94.

(6)     Nonilluminated temporary construction signs subject to the provisions of section 30.94.

(7)     Signs painted directly on internal or external window surfaces subject to the provisions of section 30.94.

(8)     Nonilluminated movement control signs not exceeding six (6) square feet in effective area; nor three (3) feet in height subject to the provisions of section 30.95.

(9)     Nonilluminated freestanding protective signs not exceeding one hundred (100) square inches in effective area; nor two (2) feet in height subject to the provisions of section 30.96.

(10)     Nonilluminated on-premises signs advertising the sale or lease of a nonbusiness property not exceeding eight (8) square feet in effective area nor five (5) feet in height subject to the provisions of section 30.97.

(11)     Nonilluminated, on-premises, freestanding signs advertising the sale or lease of a business property subject to the provisions of section 30.97.

(12)     Homeowners' association and crime watch meeting and alert signs.

(13)     Garage sale signs.

(14)     Homebuilder/real estate directional signs.

(C)     Other required permits. Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above-exempted items.

(D)     Application. To obtain a permit, the applicant shall file an application in writing on a form furnished for that purpose. Every such application shall:

(1)     Identify and describe the work to be covered by the permit for which application is made.

(2)     Describe the land on which the proposed work is to be done by zoning, lot, block, tract, subdivision, and street address, or similar description that will readily identify and definitely locate the proposed work.

(3)     Be accompanied by a notarized authorization from the owner of the property when required by the Building Official.

(4)     Be accompanied by plans and specifications as required in this Code and all applicable laws and ordinances.

(5)     State the valuation of the proposed work.

(6)     Be signed by the applicant, or an authorized agent who may be required to submit evidence to indicate such authority.

(7)     Give such other information as reasonably may be required.

(E)     Plans and specifications. With each application for a permit, not less than two (2) sets of plans and specifications shall be submitted and all drawings, specifications and accompanying data shall bear the name and address of the designer. The structural design of freestanding signs in excess of eight (8) feet in height shall be prepared and designed by an engineer licensed by the state. The plans and specifications for attached signs shall be prepared by a engineer licensed in the state as required by the International Building Code, as adopted by the City.

(F)     Fees. The fee for such permit shall be as prescribed by the fee schedule located in section 30.301 of this Code.

(G)     Expiration. Every permit issued under the provisions of this Code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within sixty (60) days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of more than one hundred twenty (120) days. Before such work can be recommenced, a new permit shall be first obtained.

(H)     Suspension or revocation. The Building Official may, in writing, suspend or revoke a permit issued under provisions of this Code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any law or ordinance.

(I)     Refunds. There shall be no refunds of sign permit fees paid under the terms of this Code, except for the following:

(1)     When it is determined that a sign permit was issued due to an error, a full refund may be authorized by the Building Official.

(2)     When it is determined that a sign permit cannot be legally issued, any permit fee received may be returned.

(J)     Inspections. All signs for which a permit is required shall be subject to inspection by the Building Official.

(1)     Pre-inspection. The Building Official, upon receipt of an application for permit for a sign, may make a pre-inspection. The application, plans and specifications, and other data, filed by an applicant for permit shall be reviewed by the Building Official. Such plans may be reviewed by other departments to verify compliance with any applicable laws under their jurisdiction. If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this article and other pertinent laws and ordinances, and that the fees specified in subsection (F) herein have been paid, he shall issue a permit therefor to the applicant.

(2)     Final inspection. The Building Official, upon the call of the permit holder, shall make a final inspection after the work is completed. All requests for final inspection shall be made at least twenty-four (24) hours before the inspection is desired.

(3)     Responsibility of contractor. It shall be the responsibility of the contractor to ensure that each necessary inspection is requested from the Building Official and to ensure that subsequent stages of construction are not started until said inspection has been conducted and approved. This also includes all subcontractor types of inspections such as electrical, mechanical, plumbing, etc. If it is found, upon inspection by the City, that a contractor has completed a sign without having obtained the necessary inspections and approvals, future permits shall be denied to that contractor pending completion and approval of said inspections.

(K)     The provisions of section 30.104 through 30.106 apply to all signs in business zoning districts unless the sign is within twenty-five (25) feet of either a nonbusiness zoning district boundary or a public park of more than one acre.

(L)     Signs within twenty-five (25) feet of either a nonbusiness zoning district boundary or a public park of more than one acre shall be governed by the provisions of sections 30.108 through 30.110 of this article.

(M)     Sign contractor registration. Any person installing a sign that requires a permit in the City must register with the Building Inspection Department as a sign contractor. To register with the City as a contractor, application shall be made in the method required for that purpose by the Building Official. The application shall include the contractor's name, local address and telephone number, a copy of the applicant's driver's license, and such other information as may reasonably be required to properly identify the contractor. Such application shall be accompanied by the fee prescribed in the fee schedule located in section 30.301 of this Code.

(Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 4619, sec. 13, adopted 8/25/92; Ordinance 5045, sec. 1, adopted 2/4/97; Ordinance 5628, sec. 12, adopted 2/19/02; Ordinance 5977, sec. 7, adopted 3/7/06; Ordinance 6260, sec. 11, adopted 9/2/08)

   Sec. 30.113     Design

(A)     Construction. All signs and their supports shall be built, constructed and erected in conformance with the requirements of all laws and ordinances.

(B)     Structural. Signs shall comply with the design standards of the International Building Code as adopted by the City.

(C)     Electrical. Signs in which electrical wiring and connections are used shall comply with the requirements of the Electrical Code of the City.

(D)     Plumbing and mechanical. Signs in which plumbing or mechanical devices are used shall comply with the requirements of the Plumbing and Mechanical Codes of the City.

(E)     Materials. The type of materials used in the construction, wiring, plumbing or mechanical portion of the sign shall conform to the structural codes of the City (Building, Electrical, Mechanical and Plumbing Codes).

(F)     Protection. Electrical devices within reach of persons on public property shall be protected by wire glass, safety glass, locked box of metal or wood, or other approved methods. No sign shall be erected nearer than two (2) feet from any telephone cable, electrical street light standard, electrical power poles, or electrical power distribution lines when voltage between conductors is less than three hundred (300) volts. If the voltage between conductors is three hundred (300) volts or greater, clearances shall be maintained as follows:

Voltage of Conductors

Horizontal Clearance in Feet

Vertical Clearance in Feet

   

300 to 8,700

3

8

   

8,700 to 15,000

8

8

   

15,000 to 50,000

10

10

   

50,000 +

10 plus 9.5 inch per kv in excess

10 per 0.5 inch per kv in excess

Note: For spans greater than one hundred fifty (150) feet, refer to the National Electrical Safety Code.

(G)     Clearance from fire escapes, exits, or standpipes. No sign or its supports shall be erected in such a manner which will interfere in any way with the use of any fire escape, exit or standpipe. No sign or its supports shall be attached to a standpipe or fire escape.

(H)     Obstruction of openings in buildings. No sign or its supports shall obstruct any required openings to such an extent that light or ventilation is reduced below that required.

(I)     Weatherproofing. All signs shall be constructed so as to prevent the accumulation of water.

(J)     Conflict. In the event of a conflict between any applicable ordinance of the City, then the most restrictive code requirements shall apply.

(K)     Materials. All freestanding signs shall be constructed of materials that are noncombustible or slow burning (as in the case of plastic insert of facings) and shall be supported by noncombustible material only and finished in a presentable manner. Untreated wood or unpainted or nongalvanized steel supports are specifically prohibited.

(Ordinance 5045, sec. 1, adopted 2/4/97; Ordinance 5628, sec. 12, adopted 2/19/02)

   Sec. 30.114     Existing signs

(A)     Maintenance of signs. Except as provided in subsections (B) and (C) of this section, any sign or portion of a sign or sign support determined by the City to be unsafe or unsecured, a menace to the public, becomes dangerous to life, limb or property, or an obstruction to the use of any sidewalk or roadway, or interferes with the operation of the Fire Department, or in such dilapidated condition as to be unsightly and, therefore, prejudicial to the public welfare shall be repaired, maintained, or removed.

(B)     Nonconforming signs. Except as provided in this subsection, any sign which is designated by the Building Official a nonconforming sign, as defined, shall be permitted to be continued as a nonconforming sign unless such sign is made a conforming sign. Any nonconforming sign which is destroyed, deteriorated, or dilapidated to such extent that the cost of repairing the sign to a condition acceptable by the Building Official is more than sixty percent (60%) of the cost of erecting a new sign of the same type at the same location shall be removed.

(C)     Illegal signs. Illegal signs shall be immediately removed upon written notice by the Building Official.

(D)     Time limitations. Except as provided in subsection (C) above, any sign which is required by this section to be removed, relocated, or repaired shall be removed, relocated or repaired at the expense of the owner, within ten (10) days of a notice given by the Building Official. Any such sign not removed, relocated, or repaired, within this time limit may be removed by the Building Official at the expense of the owner of such sign.

(Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97)

   Sec. 30.115     Variance procedure/Plan Commission

(A)     The Plan Commission created by section 1 of article XI of the Charter, may, for a particular site, authorize variances and exceptions with respect to the provisions of this article.

(B)     The Plan Commission shall recommend to the City Council legislation for amendments to this Code in keeping with technological progress with respect to public health, safety and welfare. The Plan Commission may, in specific cases and subject to appropriate conditions, authorize variances and exceptions to the regulations established in this article when the commission has made a finding from the evidence presented that strict compliance with the requirement of this article will result in a hardship or inequity to the applicant in accomplishing the objectives of this article, provided that economic or self-created hardship alone shall not be a sufficient basis for the granting of a variance or exception.

(C)     The Plan Commission may hear and decide appeals which allege error in any order, requirement, decision or determination made by the Building Official in the enforcement of this article. A 3/4 vote of the members present is necessary to overrule a decision of the Building Official.

(D)     The Plan Commission may require a nonconforming sign to be brought into immediate conformity with all current standards of all ordinances of the City or to be removed when, from the evidence presented, the commission finds the sign to be hazardous to the public or to have been abandoned by its owners.

(E)     An appeal may be taken from a decision of the Plan Commission by either the applicant or the City by first filing a motion for rehearing with the Building Official. The motion for rehearing shall be filed within ten (10) days of the date of the decision made which is the basis of the appeal. The motion for rehearing shall specifically state the grounds for the appeal. Any party aggrieved by the decision of the Plan Commission may appeal the decision to the City Council within fifteen (15) days of the date of the decision on the motion for rehearing, where the matter shall be determined on the basis of the substantial evidence rule.

(F)     The Plan Commission, in considering an application for a variance, shall consider to what extent, if any, the site for which the applicant seeks a variance differs from adjoining sites, the extent that the hardship or inequity claimed by the applicant is self-created or based upon financial need of the applicant, and the adverse effects that the granting of a variance may or would create.

(Ordinance 4416, sec. 1, adopted 4/17/90; Ordinance 5045, sec. 1, adopted 2/4/97)

   Sec. 30.116     Public hearings provided

The Plan Commission shall hold a public hearing on any proposed amendment or supplement to this article. After the public hearing is closed, the Plan Commission shall immediately make its recommendation and report to the City Council. At least fifteen (15) days' notice of the time and place of such hearing shall be published in a newspaper having a general circulation in the City.

   Secs. 30.117–30.124     Reserved

   ARTICLE VII. MOVING OF STRUCTURES*

   Sec. 30.125     Definitions

The word “structure,” as used in this article, shall include buildings and houses of every nature and design and it is the intent to give the broadest interpretation and not to limit its meaning to houses and buildings only.

   Sec. 30.126     Permit–Required

It shall be unlawful for any person to move or cause to be moved a structure from one location to another within the City, or to move a structure from without the City to a location within the City, or to move a structure within the City to a point outside the City, without first securing a permit to do so.

   Sec. 30.127     Same–Application; designation of route; etc.

Before any structure of any nature is moved over any street in the City, the person desiring the permit shall obtain an application from the office of the Building Official and place on the application the date that the move is requested to be made, a description of the structure to be moved and any additional information required by the Building Official. A tentative route shall be designated by the chief of police and the applicant shall inform the City utilities, state utilities and the telephone companies, or their successors or assigns, of the tentative routes, date, time and loaded height of the structure to be moved. The utility company shall, by its authorized agent, indicate on the application if the tentative route is satisfactory or unsatisfactory. Upon consideration of the approval or disapproval of the tentative route by the utility companies, the chief of police shall designate the route to be used.

   Sec. 30.128     Same–Building permit prerequisite to issuance

Prior to the issuance of any permit for the moving of any structure to be located on any lot or parcel of ground in the City, the owner of the property on which the structure is to be located shall obtain a building permit in compliance with the Building Code and the zoning ordinance of the City.

   Sec. 30.129     Same–Issuance; fee

The Building Official will issue the moving permit as required in this article after all requirements of this article have been met satisfactorily, as determined by the Building Official, and upon the payment of a permit fee as provided by section 30.301 of this chapter. (Ordinance 4847, sec. 3, adopted 3/7/95; Ordinance 5628; sec. 13, adopted 2/19/02)

   Sec. 30.130     Bond required

Any person desiring to move a structure as provided in section 30.126 shall file a surety bond or other bond as may be approved by the City Attorney in the amount of one thousand dollars ($1,000.00), and such bond shall enure to the benefit of any person damaged by the moving and all such damages as may accrue to him by reason of such moving.

   Sec. 30.131     Move-in residential structures–Specific use permit required

From and after the effective date of sections 30.13130.134, a specific use permit must be presented to the Plan Commission and approved by the City Council, in order to move in a dwelling not of new construction from a point within or outside of the City limits to a location within the City limits for the purpose of establishing a residential dwelling unit within the City. (Ordinance 4847, sec. 3, adopted 3/7/95)

   Sec. 30.132     Same–Completion of structure required within specified time

Any move-in residential structure of whatever material constructed shall be completed within one hundred eighty (180) days from the issuance of any permit for said structure. Completion shall mean completion by final inspection and issuance of such certificates of occupancy as may be required under the Building Codes of the City and must meet all other ordinances previously set forth by the City.

   Sec. 30.133     Same–Extension of time for completion; general regulations

(A)     In the event this time limit is exceeded, a new application must be made to the Building Official stating the reasons for the excessive construction period, and the Building Official is authorized to extend the time limit for a period not exceeding thirty (30) days and, if at the expiration of said extended period of time the construction is not completed, a further request for extension must be made to and approved by the City Manager.

(B)     On application for permission to move in a house, the applicant shall state the location of the structure and shall authorize the Building Official to inspect the structure prior to the issuance of a permit.

(C)     No move-in residential structures shall be permitted to be stored or stockpiled within the City. Any move-in shall be permitted only for destination from a specific location to the permitted location.

   Sec. 30.134     Same–Penalty for violation

The violation of sections 30.131 through 30.134 is a misdemeanor and shall be punishable as provided in section 10.05 of this Code. This article shall be severable, and the invalidity of any part of this article shall not affect the remainder of this article. This article shall become effective on publication.

   Secs. 30.135–30.154     Reserved

   ARTICLE VIII. TEMPORARY PUBLIC AMUSEMENTS AND TEMPORARY COMMERCIAL ACTIVITIES*

   Sec. 30.155     Definitions

In this article:

Applicant. The owner of a temporary public amusement or temporary commercial activity who has applied for a permit under this article.

Manager. The person designated in the application as the person directly responsible for managing the operation if a permit is issued under the provisions of this article.

Operation. Either a temporary public amusement or a temporary commercial activity for which a permit application has been submitted or for which a permit has been issued, as the case may be, under the provisions of this article.

Owner. The person or persons who hold title to, lease or who have an equity interest in the operation to be permitted under this article.

Registered agent. The person identified in the registration application filed under this article who is authorized to receive on behalf of the operation any legal process or notice required for or provided for in this article.

Temporary commercial activity. An enterprise that, for a primarily commercial purpose, offers goods for sale on an occasional basis. The term includes, without limitation, Christmas tree lots and seasonal plant sales.

Temporary public amusement. Any traveling or itinerant amusement exhibition or show that, for a primarily commercial purpose, offers midway games and concessions, food concessions, or other commercial entertainment attractions including, without limitation, seasonal amusements such as “spook houses.” The term specifically includes, without limitation, an attraction that offers to the public amusement rides as defined in Chapter 2151, Tex. Occ. Code and circuses as defined by section 2152.001, Tex. Occ. Code.

(Ordinance 6362, sec. 1, adopted 10/20/09)

   Sec. 30.156     Permit required; application for permit

(A)     It shall be unlawful for any person to operate a temporary public amusement or a temporary commercial activity in the City that has not been issued a permit as required by this article. A permit issued under this article is not transferable.

(B)     The owner of a temporary public amusement or a temporary commercial activity shall apply for a permit by providing to the Building Official the following information regarding the operation:

(1)     The name, telephone number, facsimile number and business or residence address of the owner; and, if the owner is a corporation, whether foreign or domestic, the name of the registered agent of the owner and the telephone number and facsimile number and business or residence address of the registered agent (including the street name and number, office or suite number if a business address, and the city, state, and zip code);

(2)     The nature and extent of each owner's interest in the operation;

(3)     The name, telephone number, facsimile number, and business or residence address (including the street name and number, office or suite number if a business address, and the city, state, and zip code) of the current manager (the applicant must provide the physical address of the manager - the use of a public or private post office box or other similar address is not sufficient);

(4)     If the proposed operation is a temporary public amusement, a list of all shows, amusement rides, concession booths, and other businesses and attractions expected in connection with the temporary commercial amusement facility, listing same by name and with a description of each;

(5)     If the proposed operation is a temporary commercial activity, a list of all goods (by general category, if more than 10) to be offered for sale;

(6)     If the proposed operation is a circus as defined by section 2152.001, Tex. Occ. Code., a copy of the current, valid license issued to the owner under Chapter 2152, Tex. Occ. Code;

(7)     If the proposed operation will offer any class of amusement ride, as defined by Chapter 2151, Tex. Occ. Code, a copy of the written inspection certificate and insurance policy required under section 2151.101(a), Tex. Occ. Code, a copy of any records of governmental action and quarterly reports required under section 2151.1022, Tex Occ. Code, a copy of any injury reports required under section 2151.103, Tex. Occ. Code, and a copy of any order or reinspection certificate required under section 2151.1525, Tex. Occ. Code and section 2151.1526, Tex. Occ. Code;

(8)     If the operation is a temporary commercial amusement, and regardless of whether the operation offers an amusement ride as defined in Chapter 2151, Tex. Occ. Code, proof insurance of the type described in section 2151.101, Tex. Occ. Code; and

(9)     A copy of the bond required by section 30.158(C).

(C)     A permit application must be filed with the Building Official at least two weeks prior to the commencement of the operation for which the permit is sought.

(D)     The application must be signed by the applicant and shall be accompanied by a non-refundable permit fee of $100.00 to compensate the City for the cost of administering this article. The applicant shall sign the permit application under penalty of perjury.

(E)     It shall be unlawful for any person to file an application for a permit under this article that contains any false statement of fact.

(Ordinance 6362, sec. 1, adopted 10/20/09)

   Sec. 30.157     Permit issuance, denial, and revocation

(A)     The Building Official shall issue the applicant a permit of the category for which the applicant applied if the Building Official determines that the application has been fully and accurately completed, that all required records have been provided, and that the permit application fee has been paid; if not, the Building Official may deny the permit and deliver written notice to the applicant that the application is denied, including in the notice the reasons for denying the application.

(B)     The Building Official may revoke a permit if the Building Official determines that reasonable cause exists to believe that:

(1)     A statement of fact contained in the application was false or materially misleading;

(2)     The permit holder has failed to comply with any of the provisions of this article;

(3)     Any license, certificate, or other authorization required of the permit holder under either Chapter 2151 or Chapter 2152, Tex. Occ. Code, has been suspended or revoked; or

(4)     The operation violates in any material and adverse respect any applicable provision of this Code.

(C)     The Building Official shall provide notice of the revocation by certified mail, personal service, or courier-receipted commercial delivery sent to the address provided on the permit holder's application or by delivering notice, at the place of operation, to the manager of the operation named in the permit application. The permit holder may appeal the denial or revocation of a permit to the City Manager or a designated representative of the City Manager by filing a written notice of appeal with the Building Official within ten days of delivery of notice of the denial or revocation. The City Manager (or the designated representative) shall render a decision on the appeal within fifteen days of the date of the hearing. The decision of the City Manager or the designated representative shall be final. A revocation shall remain in effect for a period of eighteen months, during which time the permit holder may not be issued another permit under this article.

(D)     The provisions contained in this section are cumulative of all other remedies and are non-exclusive. Nothing in this section shall be deemed or construed to limit the availability of any remedy against any person or property otherwise provided by law including, without limitation, fines, penalties, closure, injunction or any other action or remedy provided by law.

(Ordinance 6362, sec. 1, adopted 10/20/09)

   Sec. 30.158     Operational requirements

(A)     A temporary public amusement shall not operate before 7:00 a.m. or later than 11:00 p.m. on weekdays (Sunday through Thursday) or 12:00 p.m. (midnight) on Friday and Saturday.

(B)     No living quarters of any kind shall be permitted to be located on the site of an operation except self-contained units needed for proper and customary security measures.

(C)     If the operation is a temporary public amusement, the owner shall provide to the City, as beneficiary, a bond, letter of credit, or cash escrow deposit in the amount of $2,000.00 prior to the issuance of a permit under this article. The bond or other security shall be conditioned that the applicant shall not cause, suffer or permit any litter, trash or debris resulting from the activities of the operation to remain on the permitted premises following the expiration or revocation of the permit. Any funds obtained by the City under the security posted under this section shall be used only for the purpose of clearing the premises of litter, trash and debris, and shall not be part of the City's general fund. If a premises for which a bond or other security is provided under this section has been cleaned of all such litter, trash or debris, then the person who posted the bond or other security shall be entitled to the cancellation of the bond or letter of credit, or a refund of the amounts then held for the property in the escrow account, as the case may be.

(D)     Unless sooner revoked under the provisions of this article, a permit for a temporary public amusement shall be valid for 14 days. Only two permits for a temporary public amusement may be issued for a given location during any one calendar year.

(E)     Unless sooner revoked under the provisions of this article, a permit for a temporary commercial activity shall be valid for a period not to exceed 90 days. The Building Official may grant one 30-day extension. Only one permit for a temporary commercial activity may be issued for a given location during any one calendar year. Notwithstanding the foregoing, if the temporary commercial activity is a Christmas tree lot, the operation may commence November 15th and shall discontinue December 25th. Sales may not begin prior to November 15th and the site must be cleaned and vacated by January 1st.

(F)     If the temporary commercial activity is to be operated by the holder of a certificate of occupancy on premises covered by that certificate of occupancy, the permit may be issued only to the current holder of the certificate of occupancy and only for a site that contains a minimum of 100 required parking spaces. The displayed merchandise shall not exceed ten feet in height and shall have a front and side street set back the same as the building for which the certificate of occupancy was issued unless a solid six (6) foot screen is provided. A temporary commercial activity shall be located so that it will not adversely affect parking. All goods and merchandise offered for sale at a temporary commercial activity shall be promptly removed from the permitted premises upon expiration or revocation of the permit.

(G)     All outdoor operations, except church bazaars, shall be located at a minimum of 300 feet from a residential structure provided that, if the outdoor operation is a temporary public amusement that offers public amusement rides, the minimum distance shall be 500 feet. For the purposes of this subsection, measurement shall be made in a straight line, without regard to intervening buildings, structures or objects, from the nearest portion of any equipment used in the operation to the nearest property line of the lot on which the residential structure is located.

(Ordinance 6362, sec. 1, adopted 10/20/09; Ordinance 6510, sec. 1, adopted 1/3/12)

   Secs. 30.159–30.184     Reserved

   ARTICLE IX. MISCELLANEOUS

   Sec. 30.185     Registration and licensing required

(A)     It shall be unlawful for any person, firm or corporation who is not registered by the City as a landscape architect or landscape irrigator to secure permits as provided herein.

(B)     Each applicant for registration as a landscape architect or landscape irrigator shall have an established place of business or shop for which a certificate of occupancy has been secured if within the City limits. Such certificate of occupancy shall be displayed in his place of business.

   Sec. 30.186     Method of registration

(A)     To register with the City as a landscape architect or landscape irrigator, application shall be made in writing on forms furnished for that purpose and filed with the Building Official. The application shall show the architect's or irrigator's name, local address and telephone number, and such other information as may be required to properly identify the architect or irrigator.

(B)     It shall be unlawful for any person, firm or corporation to represent himself or themselves as a registered and licensed landscape architect or landscape irrigator, or to falsely use the words “landscape architect,” “landscape irrigator,” or words of similar import or meaning as defined by the state board of landscape architects, on signs, cards, stationery, or by any other misleading manner whatsoever within the City, unless said person, firm or corporation is, in fact, registered and holds a valid certificate issued by the state board of landscape architects.

(Ordinance 5371, sec. 5, adopted 6/1/99)

   Sec. 30.187     Supervision

(A)     The actual work of installing, maintaining, altering or repairing of landscape irrigation systems for which a permit is required by this Code shall have supervision by a landscape architect or landscape irrigator as provided by the state board of landscape architects and this Code. Such registered landscape architect or irrigator shall be the supervisory architect or irrigator of only one firm or corporation within the City at any one time.

(B)     When contracts to install landscape irrigation systems have been obtained by persons who are not registered as plumbing contractors, landscape architects, or landscape irrigators, the actual installation work may be done only by a registered plumbing contractor, landscape architect, or landscape irrigator to whom the contract may be assigned or sublet.

   Sec. 30.188     License required

(A)     It shall be unlawful for any person, except those exempt therefrom by the state board of landscape architects and the Plumbing License Law of 1947, who is not licensed as a landscape architect, landscape irrigator, or plumber in accordance with provisions of the laws of the state to install landscape irrigation systems as defined herein.

(B)     Nothing herein shall be construed as prohibiting the employment of unskilled laborers to handle, haul or to carry materials when working under the immediate supervision of a landscape architect, landscape irrigator, or master plumber.

   Sec. 30.189     Display of certificate

(A)     Each holder of a certificate as a landscape architect or landscape irrigator shall display his license in a conspicuous place in his principal place of business.

(B)     Each holder of a license or certificate shall carry evidence of proper registration on his person at all times while doing work and shall produce and exhibit same when required by an inspector or officer of the City.

   Sec. 30.190     Registration fees

An annual registration fee per section 30.301 of this chapter, as amended, shall be paid to the City prior to the acceptance of registration and after the person has been issued a certificate by the state board of landscape architects. The contractor registration provided for in this Code shall expire one (1) year following the date of issuance. (Ordinance 5209, sec. 5, adopted 9/15/98; Ordinance 5371, sec. 5, adopted 6/1/99)

   Sec. 30.191     Specific permits

Permits shall apply to a specific installation to be done within a specific single building, structure, or premises.

   Sec. 30.192     Permits

All permits, issued pursuant to this Code, shall be issued upon the following conditions:

(1)     That connections with, or openings into, the water mains of the City shall be done by authorization of, and in the method prescribed by, the City Water Department.

(2)     That all installations meet the requirements of the Plumbing Code and such other requirements as may be directed by the Building Official.

(3)     All materials, up to and including the backflow preventer, shall meet the requirements of the Plumbing Code.

(4)     The landscape irrigation system fees shall be in an amount as provided in the fee schedule set forth in section 30.301 of this chapter.

(Ordinance 4847, sec. 6, adopted 3/7/95; Ordinance 5371, sec. 5, adopted 6/1/99; Ordinance 5628, sec. 16, adopted 2/19/02)

   Sec. 30.193     Penalty

Violation of this article shall be a misdemeanor punishable in accordance with section 10.05 of this Code.

   Sec. 30.194     Subdivision sales offices

(A)     Definitions:

Garage shall mean a place for the storage of personal property and the parking of motor vehicles.

Sales office shall mean an area within a new model home that provides for the sale and display of other homes in the subdivision.

(B)     Sales offices allowed. Sales offices are hereby allowed to be placed in the garages of homes located within any platted subdivision as long as any new home remains unsold in said subdivision, subject to the following conditions:

(1)     The overhead garage doors shall be installed in the garage so used as a sales office.

(2)     An appropriate notice, stating that the area used as a sales office is a garage and will be converted to same upon the sale of the home, such notice posted in a conspicuous place at all times in the area used as a sales office.

(3)     That the homes so used as sales offices shall be designated by the developer and filed with the Building Official.

(4)     That sales contracts providing for the sale of homes within subdivisions affected by this section shall contain appropriate language that a garage shall be maintained on the premises at all times.

(Ordinance 5371, sec. 5, adopted 6/1/99)

   Sec. 30.195     Merchandising in streets and alleys

(A)     Merchandising is hereby prohibited on any street, alley, public square, or public place in the City and every person, including any peddler or itinerant merchant or his agents, officers, or employees, is prohibited from merchandising on any street, alley, public square, or public place in the City.

(B)     The term “merchandising,” as used in this section, shall mean the sale or offering for sale of any products, medicines, goods, wares, or merchandise, except newspapers, ice, tickets or buttons for local charitable or benevolent purposes, and vegetable, farm, poultry and dairy products raised, owned and in possession of a bona fide farmer.

(C)     It shall not be unlawful for any product, medicine, goods, wares, and merchandise sold by any dealer or owner of the same, and not sold in violation of this section, to be delivered over or via the streets, alleys, public squares, or public places to the residence or place of business of the purchaser.

   Sec. 30.196     Use of streets and sidewalks for advertising or soliciting business

(A)     It shall be unlawful for any person, by loud talking or speaking or unusual acts or exhibitions, to attract a crowd on any portion of any street or sidewalk of the City to solicit trade or patronage for any business, house or other premises. The use of any portion of any street or sidewalk in the City for advertising or soliciting the sale of any goods, wares or merchandise, is hereby prohibited.

(B)     It shall not be unlawful for any product, medicine, goods, wares, and merchandise sold by any dealer or owner of the same, and not sold in violation of this section, to be delivered over or via the streets, alleys, public squares, or public places to the residence or place of business of the purchaser.

(Ordinance 4883, sec. 5, adopted 7/11/95)

   Sec. 30.197     Sidewalk obstructions

(A)     It shall be unlawful for any person to obstruct any portion of any sidewalk in the City by selling or offering for sale, at auction or otherwise, any goods, wares, or merchandise on or about any sidewalk. It shall likewise be unlawful for any person to place any barrel, box, wood or any other substance on any sidewalk in the City so as to obstruct the passage on or along such sidewalk or any part thereof. No person shall have or maintain any stand or stall for any purpose on any portion of any sidewalk in the City.

(B)     It shall be unlawful for any person to obstruct any sidewalk in front of any church, theater or other public place, or place of business, or in any other way obstruct the passage in or out of any church, theater, or other public place.

(C)     Nothing in this section shall be so construed as to prevent any merchant from occupying not to exceed one-half (1/2) of the sidewalk immediately in front of his place of business in receiving and forwarding goods, wares and merchandise, provided such goods, wares and merchandise shall not remain on such sidewalk for a longer time than one (1) hour.

   Sec. 30.198     Reserved

Editor's note–Former section 30.198 pertaining to the placing of advertising matter on sidewalks was repealed by Ordinance 6615, sec. 2, adopted May 21, 2013. Similar provisions can now be found in chapter 33, article XI of this Code.

   Sec. 30.199     Maintenance of commercial properties

(A)     For the purposes of this section, “commercial property” shall mean all property other than single-family residential property. “Commercial building” shall mean any building or structure located on a commercial property. The terms “commercial property” and “commercial building” specifically include apartment and multifamily properties and buildings. “Owner” shall include an agent of the owner who is authorized to, or who actually does, lease, manage, or collect rent from a commercial property on behalf of the owner.

(B)     Maintenance of parking areas. The owner of a commercial property shall:

(1)     Repair or resurface all parking areas, driveways to and from parking areas, and the pads and driveways to and from refuse storage facilities so as to be free from potholes, cracks which may contain weeds or other vegetation, or changes in surface grade of one inch (1") or greater.

(2)     Repaint or restripe parking spaces and fire lanes so as to maintain clearly designated parking spaces and fire lanes.

(C)     Maintenance of landscaping. The owner of a commercial property shall remove and replace all dead trees, shrubs, and groundcover which are part of required landscaping for the commercial property and, if not part of required landscaping, shall be removed or replaced.

(D)     Maintenance of commercial buildings and structures. The owner of a commercial building shall:

(1)     Repair or replace broken, cracked, damaged, or missing doors and windows.

(2)     Repair or replace loose, damaged, or missing exterior trim, siding, and roofs.

(3)     Repaint or resurface exterior surfaces of the building with a weatherproof protection.

(4)     Disconnect or cap off unsafe electric and unsanitary plumbing connections in commercial buildings, or portions thereof, that have not been in use for six (6) months or more.

(E)     Schedule of maintenance. The owner shall submit, within ten (10) days of notification of a violation of this section, a work schedule to the City and obtain all necessary permits for the work. All portions of the work shall be completed within thirty (30) days of issuance of a permit. However, major work such as reroofing a building or repaving (resurfacing) a parking lot will be allowed thirty (30) days to submit a work schedule and obtain a permit and a maximum of six (6) months to complete the work.

(Ordinance 4449, sec. 1, adopted 9/18/90)

   ARTICLE X. FENCES

   Sec. 30.200     Definitions

The following definitions shall apply in the interpretation and enforcement of this article:

(1)     Fence shall mean any structure which exceeds twelve (12) inches in height above the nearest grade and which encloses, partitions or divides any yard as defined in the zoning ordinance.

(2)     Build shall mean construct, erect, or place or cause, suffer or allow another to construct, erect or place.

(3)     Zoning ordinance shall mean the City zoning ordinance, as amended.

(4)     Residentially zoned shall mean property zoned single family, duplex, or any property zoned as a planned development district, (hereafter PD district), where the base zoning within the PD district is one of the foregoing.

(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95)

   Sec. 30.201     Permit required

No person shall build any fence without having first applied for and obtained a permit from the City. (Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95)

   Sec. 30.202     Prohibited materials

(A)     No person shall build any fence composed, in whole or in part, of:

(1)     Barbed wire or razor wire;

(2)     Welded or woven wire such as chicken wire, hog wire, stockade panels and similar agricultural wires;

(3)     Used materials;

(4)     An electric fence;

(5)     Galvanized sheet metal, corrugated metal, or corrugated fiberglass; or

(6)     Materials not approved for exterior exposure.

(B)     The following are affirmative defenses to a violation of this section:

(1)     In a district zoned agriculture and used for agricultural purpose or in other districts where an agricultural use lawfully exists, provided that the fence is not otherwise prohibited by any other ordinance or law, a fence may be composed of barbed wire, welded wire or woven wire, or both and may include an electric fence if the electric fence charging device is approved by a nationally recognized testing laboratory.

(2)     In a district zoned industrial or commercial, barbed wire may be used as a component of a fence provided that the fence is composed only in part of barbed wire and that portion of the fence is at least six (6) feet from the nearest grade. The barbed wire portion of the fence shall be a maximum height of 3 feet vertically or horizontally from the main portion of the fence. The barbed wire portion shall consist of individual strands of wire placed parallel to the ground and shall not be placed in a coiled or wrapped position.

(3)     In a residential zone, an electric fence may be located only within the side and rear yard, all electrified components must be located a minimum of 24" inside another fence (which must be a minimum of 36" in height), the electric fence charging device must be approved by a nationally recognized testing laboratory and the fence shall otherwise comply with all applicable laws and ordinances.

(4)     Subsection (A)(5) of this section does not prohibit the use of corrugated metal material with a minimum 26 gauge and one (1) inch corrugation when commercially designed and engineered as a fencing material as a component of a modular, prefabricated fence.

(C)     Fences within utility and maintenance easements must be constructed with metal posts and removable fence sections:

(1)     When mandated by state or federal statute.

(2)     When required for public safety for local governmental facilities.

(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95; Ordinance 4883, sec. 6, adopted 7/11/95; Ordinance 5371, sec. 6, adopted 6/1/99; Ordinance 5435, sec. 1, adopted 1/18/00)

   Sec. 30.203     Setback requirements generally

(A)     (1)     No fence shall be built within the required front yard, as defined in the zoning ordinance, except in agricultural and industrial zones.

(2)     Exceptions.

(a)     (i)     A fence less than three and one-half (3-1/2) feet in height; and

(ii)     Made of wood or wrought iron; and

(iii)     Provides at least a four-inch wide vertical space per each linear foot and at least a one-foot wide horizontal space between horizontal portions of the fence; or

(b)     (i)     A fence less than two and one-half (2-1/2) feet in height; and

(ii)     Made of brick or masonry, excluding cinder block.

(B)     No fence shall be built within the required front yard or any closer than the front edge of the building in commercial districts.

(C)     No barbed wire fence shall be built within a side or rear yard adjacent to a street in a commercial district.

(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95; Ordinance 4883, sec. 6, adopted 7/11/95; Ordinance 5435, sec. 1, adopted 1/18/00)

   Sec. 30.204     Gates required

(A)     Any fence built so as to enclose an area shall provide a gate or other opening in the fence of at least three (3) feet in width and with a minimum headroom clearance of six (6) feet eight (8) inches in height.

(B)     Any fence built along or near a rear property line which adjoins a street, alley or public easement shall provide a gate or other opening giving direct access to the street, alley or public easement.

(C)     Gates for vehicular use must be a minimum of 20 feet from the property line for all types of property other than residential.

(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95)

   Sec. 30.205     Height limit

(A)     No fence shall be built so as to exceed eight (8) feet in height on any residentially zoned property nor shall a fence be built so as to exceed ten (10) feet on any nonresidential property.

(B)     Fence height shall be measured from the grade adjacent to the fence from the applicant's side of the fence. If the fence is constructed on top of a retaining wall it shall be measured from grade near the retaining wall.

(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95)

   Sec. 30.206     Construction

Fences must be able to structurally support fencing materials for a 70 mph windspeed. (Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4847, sec. 7, adopted 3/7/95)

   Sec. 30.207     Maintenance

It shall be unlawful to maintain a fence in such a manner as to allow:

(1)     Any portion of a fence to lean so that the fence's axis is more than ten (10) degrees out of perpendicular alignment with its base.

(2)     Missing, loose or broken pickets, slats or panels in a fence.

(3)     Symbols, writings and other graffiti on a fence except for those which are permitted as signs under this chapter or which pertain to the address or occupancy of a property.

(Ordinance 4610, sec. 1, adopted 8/4/92; Ordinance 4883, sec. 6, adopted 7/11/95)

   Sec. 30.208     Variances

The Board of Adjustments may, upon the showing of an undue hardship to the applicant, grant a variance to sections 30.203, 30.204, and 30.205 of this article. (Ordinance 5371, sec. 6, adopted 6/1/99; Ordinance 4883, sec. 6, adopted 7/11/95; Ordinance 5713, sec. 1, adopted 3/4/03; Ordinance 5435, sec. 1, adopted 1/18/00; Ordinance 6204, sec. 1, adopted 2/19/08)

   Sec. 30.209     Existing fences

(A)     A fence that does not comply with the requirements of this article as of the effective date of this article shall be allowed to remain provided that fences located in front of a building or in yards adjacent to streets in commercial districts that include barbed wire as a component shall be screened from public view by means of any authorized fence material, slats, or materials or by any screening method authorized in the landscape and screening regulations within 90 days of the effective date of this article and shall otherwise comply with all requirements of this article. If a fence that has barbed wire as a component is screened as provided in this section, the fence shall be allowed to remain unless the fence is replaced, destroyed or damaged to the extent of sixty (60) percent or more of the value of the structure, in which even the right to maintain the structure shall terminate.

(B)     Any screening method installed under this article shall remain in place as long as the original fence is maintained. Once the original fence is removed the screening method must be removed within a 30-day period.

(Ordinance 5435, sec. 1, adopted 1/18/00)

   ARTICLE XI. SPECIAL EVENTS

   Sec. 30.210     Definitions

In this article:

(1)     Applicant means a person who has filed a written application for a special event permit.

(2)     Special event means a temporary event or gathering, including but not limited to parades, bike races, marathons, walk-a-thons, or other types of races and festivals, using either private or public property or both, and which involves one or more of the following activities:

(a)     Closing a public street;

(b)     Blocking or restriction of public property;

(c)     Sale of merchandise, food or beverages on public property, or on private property where otherwise prohibited by ordinance;

(d)     Erection of a tent on public property, or on private property where otherwise prohibited by ordinance;

(e)     Installation of a stage, bandshell, trailer, van, portable building, grandstand or bleachers on public property, or private property where otherwise prohibited by ordinance;

(f)     Placement of portable toilets on public property, or on private property where otherwise prohibited by ordinance; or

(g)     Placement of temporary no-parking signs in a public right-of-way.

(3)     Special event permit means written approval from the Building Official to hold a special event.

(Ordinance 4779, sec. 1, adopted 6/7/94)

   Sec. 30.211     General authority and duty of Building Official

(A)     The provisions of this article shall be administered and enforced by the Building Official.

(B)     The Building Official has authority to issue a special event permit that authorizes one or more of the activities described in section 30.210(2) when requirements of this article have been met.

(C)     Application for a special event permit authorizes appropriate City departments to issue permits for the activities described in section 30.210(2) in locations where the activity would otherwise be prohibited by ordinance.

(Ordinance 4779, sec. 1, adopted 6/7/94)

   Sec. 30.212     Article cumulative

The provisions of this article are cumulative of all City ordinances. Tent permits, building permits, electrical permits, food establishment permits, temporary outdoor amusement permits, animal exhibit permits, and all other permits required by ordinance or other law for specific activities to be conducted in conjunction with or as part of the special event may be applied for in one application through the Building Official if, in the determination of the Building Official, a cumulative permit is appropriate for the special event. (Ordinance 4779, sec. 1, adopted 6/7/94)

   Sec. 30.213     Exemptions

The provisions of this article do not apply to a special event:

(1)     Conducted entirely on:

(a)     Park property (with the approval of the Parks and Recreation Board);

(b)     The Garland Performing Arts Center premises; or

(c)     Firewheel Golf Course premises.

(2)     Funeral processions.

(3)     Housemoving and construction activities.

(Ordinance 4779, sec. 1, adopted 6/7/94)

   Sec. 30.214     Permit application; issuance

(A)     A person desiring to hold a special event shall apply for a special event permit by filing with the Building Official a written application upon a form provided for that purpose. A nonrefundable fee as specified in section 30.301 of this chapter must accompany each application. An application for a special event must be filed not less than forty-five (45) days before the special event is to begin. The Building Official may waive the 45-day filing requirement if the Building Official determines that the application can be processed in less than forty-five (45) days, taking into consideration the number and types of permits required to be issued in conjunction with the special event permit.

(B)     An application must contain the following information:

(1)     The name, address and telephone number of the applicant and any other organization they represent and of person(s) responsible for the conduct of the special event;

(2)     A description of the special event and requested dates and hours of operation for the special event;

(3)     The estimated number of persons to participate in the special event;

(4)     In addition to the foregoing, an application for a special event shall contain the following:

(a)     A sketch showing the area or route to be used during the special event, along with proposed structures, tents, fences, barricades, signs, banners and restroom facilities;

(b)     The time and location of street closings, if any, are requested;

(c)     Details of the sale of merchandise or the sale or serving of food or beverages at the special event, designating the vendors involved; and

(d)     Description of animals to be used in the special event, if any.

(C)     Upon receipt of the completed application, the Building Official shall forward a copy of the application to the appropriate departments of the City. Each department shall review the application and return it, with any comments, to the Building Official within ten (10) working days of receipt.

(D)     The applicant shall submit evidence that sufficient parking will be provided for the special event to accommodate the projected number of persons attending the special event with a ten percent (10%) surplus. If parking is to be provided on private property adjacent to the special event, the applicant shall submit written evidence that the applicant has a right of possession of the property through ownership, lease, license, or other permission. If the property is not an established parking area, the applicant shall submit a form describing how parking on the property will be achieved and arranged, including a designation of the number of parking spaces to be provided on the property.

(E)     The applicant for a special event shall also provide the Building Official with copies of all agreements or other arrangements regarding the provision of police and other emergency services, barricades and traffic control, and litter collection and trash removal.

(F)     If the applicant intends to use City services to provide any of the services described in subsection (E), above, the City shall submit to the applicant an estimate of the cost of each service. Any significant change in the nature and/or scope of the event may result in additional charges for City services. The applicant shall pay to the City a deposit of fifty percent (50%) not less than five (5) days prior to the special event and sign an agreement agreeing to pay the balance due within ten (10) days after the special event upon final accounting of the costs due.

(G)     The departments and the Building Official shall designate the licenses and permits required by other City ordinances or applicable law, restrictions, regulations, costs for City services, safeguards and other conditions necessary for the safe and orderly conduct of a special event, to be incorporated into the permit before issuance.

(H)     After reviewing the application and departmental comments, the Building Official shall issue the special event permit unless denied in accordance with section 30.215. A special event permit may be issued for a period not to exceed fourteen (14) consecutive days for a special event. A separate permit is required for each 14-day period during which a special event will be conducted.

(Ordinance 4779, sec. 1, adopted 6/7/94; Ordinance 5628, sec. 17, adopted 2/19/02)

   Sec. 30.215     Denial or revocation

(A)     The Building Official shall deny an application for a special event permit if:

(1)     A special event permit has been previously granted for another special event at the same place and time;

(2)     The proposed special event will occupy any part of a freeway, expressway or tollway;

(3)     The time, place or manner of the proposed special event or demonstration will unreasonably disrupt the orderly flow of traffic and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available;

(4)     The applicant fails to comply with, or the proposed special event will violate this article, another City ordinance, or other applicable law, unless the prohibited conduct or activity would be allowed under this article, or the applicant has failed to comply with the terms of a previous special use permit;

(5)     The applicant makes a false statement of material fact on an application for a special event permit;

(6)     The applicant fails to provide proof that the applicant possesses or is able to obtain a license or permit required by City ordinance or other applicable law for the conduct of all activities included as part of the special event; or

(7)     The applicant fails to pay any outstanding costs owed to the City for a past special event.

(B)     The Building Official shall revoke a special event permit if:

(1)     The applicant fails to comply with or conducts the special event in violation of a condition or provision of the special event permit, an ordinance of the City or any other applicable law; or

(2)     The permit holder made a false statement of material fact on an application for a special event permit.

(Ordinance 4779, sec. 1, adopted 6/7/94)

   Sec. 30.216     Appeal from denial or revocation of a special event permit

If the Building Official denies the issuance of a permit or revokes a permit, the Building Official shall promptly send to the applicant or permit holder by certified mail, return receipt requested, written notice of the denial or revocation and of the right to an appeal. The applicant or permit holder may appeal the decision of the Building Official to the City Manager, who shall promptly make a ruling on the appeal. (Ordinance 4779, sec. 1, adopted 6/7/94)

   Sec. 30.217     Temporary parking restrictions

The Director of Police may, as determined by a review of the proposed special event and the materials submitted by the applicant, prohibit or restrict, for temporary periods and only in conjunction with the special event, the parking of vehicles along a street or streets within and adjacent to the site of the special event. The City shall post signs to such effect and it shall be unlawful for any person to park or leave unattended any vehicle in violation of such signs. (Ordinance 4779, sec. 1, adopted 6/7/94)

   Sec. 30.218     Offenses

(A)     A person commits an offense if the person:

(1)     Commences or conducts a special event or a demonstration without a special event permit; or

(2)     Fails to comply with any requirement or provision of a special event permit or this article.

(B)     A culpable mental state is not required for the commission of an offense under this section.

(Ordinance 4779, sec. 1, adopted 6/7/94; Ordinance 5371, sec. 7, adopted 6/1/99)

   ARTICLE XII. TEMPORARY SHIPPING CONTAINERS

   Sec. 30.219     Temporary shipping containers

(A)     As used in this section, “shipping container” means a container which:

(1)     Is used or designed to be used in intermodal or over-the-road shipping that consists of a truck trailer body that may be detached from the chassis for loading onto a ship or other vessel, a rail car, or stacked in a container depot; and

(2)     Does not exceed 40 feet in length, 9 feet in height and 9 feet in width.

(B)     A shipping container may be used for the temporary storage of goods to be sold at retail only if a permit has been issued under the provisions of this section authorizing that use. A permit may not be issued for a refrigerated, open top, “flat rack” or bulk liquid or other container that is not fully enclosed on six sides.

(C)     The Building Official may issue a permit authorizing the use of a shipping container for the temporary storage of goods to be sold at retail if the following requirements are met and maintained:

(1)     No shipping container shall be located:

(a)     Nearer to a street than the front of the building to which the shipping container is an accessory;

(b)     Adjacent to a major thoroughfare designated as such by the master thoroughfare plan;

(c)     Within 100 feet of a residential zoning district;

(d)     Within 50 feet of the property line of an adjacent property; or

(e)     Nearer than 10 feet of the building to which the shipping container is an accessory.

     A permitted shipping container shall comply with all setback regulations of the zoning district in which the shipping container is located. In the event of a conflict between the setback specified by the zoning ordinance and a setback specified by this section, the more restrictive shall apply.

(2)     A shipping container shall be screened from the view of an adjacent street or residential property by means of a solid fence of at least six feet in height or a living screen of evergreen shrubs of at least six feet in height.

(3)     The total area of all shipping containers authorized under a permit shall not exceed 10% of the area of the building to which the shipping containers are an accessory. No more than fifteen shipping containers shall be permitted. Shipping containers may not be stacked.

(D)     No more than one permit may be issued to an applicant in any calendar year for the same site. A permit has a duration of ninety days. The applicant for a permit under this section shall submit the following information along with the applicant for a permit:

(1)     The size of the area building (in square feet) to which the shipping container is an accessory;

(2)     A site plan showing the proposed location(s) of the shipping container(s), the setback and other distances as specified by subsection (C) of this section, the location and type of screening to be used, and the number and dimensions of the shipping container(s); and

(3)     The proposed date for the commencement of the permit period and the date of expiration of the most recent permit issued under this section.

(E)     At the time application is made, a fee as provided by section 30.301 of this chapter shall be paid to the City for each permitted container. A permit may be revoked by the Building Official for a violation of any provision of this article upon ten days written notice to the applicant.

(Ordinance 5371, sec. 8, adopted 6/1/99; Ordinance 5628, sec. 18, adopted 2/19/02)

   Secs. 30.220–30.224     Reserved

   ARTICLE XIII. INTERNATIONAL RESIDENTIAL CODE*

   Sec. 30.225     Adopted

The 2015 edition of the International Residential Code (“Residential Code”) is hereby adopted by reference. A copy shall remain on file in the office of the City Secretary. Unless deleted, amended, expanded or otherwise changed herein, all provisions of this Code shall be fully applicable and binding and of full force and effect. The adoption of the Residential Code includes appendix sections A, B, C, and G (as amended herein). Such adoption does not include part VIII (Electrical) of the Residential Code. (Ordinance 5628, sec. 19, adopted 2/19/02; Ordinance 5977, sec. 8, adopted 3/7/06; Ordinance 6506, sec. 9, adopted 12/6/11; Ordinance 6850, sec. 12, adopted 8/16/16)

   Sec. 30.226     Amendments, modifications, and deletions

The following sections of the 2015 International Residential Code, as adopted in section 30.225 of the Code of Ordinances, are amended, modified or deleted as described below:

Section 101.1 Title shall be amended to read as follows:

R101.1 Title. These regulations shall be known as the Residential Code of the City of Garland, hereinafter referred to as the “Residential Code.”

Section R101.2 Scope, shall be amended by amending the exception to read as follows:

Exception: At the discretion of the Building Official, existing buildings undergoing repair, alteration or additions, and change of occupancy may with prior approval be permitted to comply with the appendix J of this Code or with the International Existing Building Code.

Section R102.4.1 Conflicts shall be amended to read as follows:

R102.4.1 Conflicts. Where conflicts occur between provisions of this Code and referenced Codes and standards the provisions of this Code shall apply.

Where differences occur between provisions of this Code and the Code of Ordinances the provisions of the Code of Ordinances shall control.

Section R103.1 Enforcement agency, shall be amended to read as follows:

R103.1 Enforcement agency. The Building Inspection Department shall enforce the provisions of this Code. The official in charge shall be the Building Official.

Section R105.2 Work exempt from permit, shall be amended to read as follows:

R105.2 Work exempt from permit. Exemption from permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code or any other laws, or ordinances of the City of Garland. Permits shall not be required for the following:

Building:

1.     Dog houses or detached accessory buildings not exceeding 20 square feet.

2.     Minor foundation repair or minor roof repair of less than $2,000.00.

3.     Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. See R404.4 of the Residential Code for additional requirements on unbalanced fill.

4.     Decks not exceeding 200 square feet in area, that are not attached to a dwelling and do not obstruct the exit door required by section R311.4. Uncovered decks not over 30 inches above grade.

5.     Painting, papering, tiling, carpeting, counter tops, cabinets and similar finish work.

6.     Prefabricated swimming pools that are less than 24 inches deep.

7.     Swing sets, playhouses, children's forts, and tree housed not larger than 100 square feet located entirely in the rear yard.

8.     Window awnings support by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support, provided they do not extend into the required front yard or closer than 3 feet to a side or rear property line when fully extended.

{Balance of section unchanged}

Section R105.5 Expiration shall be amended to read as follows:

R105.5 Expiration. An individual permit issued by the Building Official shall expire by limitation and become null and void on the expiration of 2 years after its issuance if no progress has been made toward the completion of the project, or upon expiration of the project. (A project shall expire immediately after the fifth anniversary of the date the first permit application was filed for the project if no progress had been made towards completion of the project.) Once a permit for particular work has expired, a new permit must be applied for and obtained before the work can be commenced. The permit fee shall be the full amount required for a new permit for such work. The Building Official shall determine the extent to which the work must comply with any new regulations that were not in effect at the time the original permit was issued.

Section R105.10 shall be amended by adding a new section and subsection to read as follows:

R105.10 Contractor registration and supervision of work. Any person providing services as a building, electrical, mechanical, roofing, irrigation, fire sprinkler or plumbing contractor in the City shall register with the Building Inspection Department as a contractor. Application shall be made in writing on forms furnished for that purpose and filed with the Building Official. The application shall show the contractor's name, local address and telephone number, a copy of the contractor's state license or registration (if applicable), and such other information as may reasonably be required to properly identify the contractor. Such registration shall include payment of a fee as prescribed in the fee schedule located in article XVI of chapter 30 of the Code of Ordinances.

R105.10.1 Roofing contractors. Any roofing or roofing repair work that exceeds $2,000.00 must be performed by a contractor registered in conformance with R105.10. As a condition of the registration the roofing contractor shall provide the City with a certificate of insurance issued by a company or companies authorized to transact business in Texas and rated at least “A” or AM Best or other equivalent insurance rating service. A contractor must have and maintain, throughout the performance of the roofing work, a policy or policies of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to the contractor's performance of its work with (1) a policy of comprehensive general liability insurance with combined single limit of not less than $300,000.00 per occurrence for bodily injury and property damage with an aggregate of not less than $600,000.00 and an aggregate of not less than $300,000.00 for products and completed operations; and (2) a policy of automobile liability insurance covering any vehicles owned and/or operated by the contractors, its officers, agents, and employees, and used in the performance of its roofing work with minimum coverage of as provided by the Texas Transportation Code. A certificate of insurance evidencing the required insurance will be submitted by the contractor to the owner of the dwelling unit upon request. The roofing permit shall contain the following notice:

‘Your roofing contract may be subject to chapter 58, Texas Business and Commerce Code. That law provide that, for disaster remediation work, unless your contractor has maintained a physical business address in either Dallas County, Texas or a county adjacent to Dallas County for at least one year preceding the date of your roofing contract, then your roofing contractor may not require full or partial payment (such as a deposit or down-payment) before the contractor begins work and, after the work begins, may not require partial payments in an amount that exceeds an amount reasonably proportionate to the work performed, including any materials delivered.'

Section R106.1 Submittal documents shall be amended by adding a sentence to the end of the section to read as follows:

The Building Official may require documents to be submitted in an electrical format as an alternate to paper copies.

Section R109.1.5.2 Erosion control shall be amended by adding a new subsections to read as follows:

R109.1.5.2 Erosion control. Erosion control inspection will be conducted at various time during the construction process.

Section R109.5.3 Special inspector shall be amended by adding a new subsection to read as follows:

R109.1.5.3 Special inspector. In addition to the inspections required by the Residential Code, the owner shall employ a special inspector specialized in that type of construction during construction when deemed necessary by the Building Official.

Section R110 Certificate of occupancy is deleted in its entirety.

Section R112 Board of Appeals, of the International Residential Code is amended in its entirety and shall read as follows:

(A)     Appeals. Any person aggrieved by any decision or ruling made by the Building Official under the provisions of this Article XIII, “Residential Code,” may appeal to the Unified Building Standards Commission.

(B)     Appeal Procedures. The provisions, procedures, rules, and deadlines of Section 30.02 shall apply to all appeals made under this Article XIII, “Residential Code.”

Section R115 Working hours, shall be amended by adding a new section to read as follows:

SECTION R115

WORKING HOURS

R115.1 Construction hours established. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use, including multifamily uses, shall be allowed only between 7:00 a.m. and 8:00 p.m. each day of the week. Any outside work being done adjacent to an occupied residential subdivision or adjacent to an occupied residential use including multifamily uses, shall be prohibited between the houses of 8:00 p.m. and 7:00 a.m. each day of the week.

R115.2 Other regulations unaffected. This section does not authorize violation of any other legally establish regulation, either public or private, regulating noise nuisance to residents.

R115.3 Exceptions. These regulations do not affect emergency work being done to secure a structure or to reestablish utility service to a structure.

R115.4 Variance. The Director of Health, in accordance with section 22.76 of the Code of Ordinances of the City, may issue a permit of variance to these regulations.

Section R202 Definitions shall be amended to redefine the following terms:

ACCESSORY STRUCTURE. A subordinate building, containing more than 20 square feet of area and more than 4 feet in height, which is detached from the main building and is clearly secondary and incidental to the main building on, and use of, the property.

TOWNHOUSE. A single-family dwelling unit constructed in a group of three or more attached units separated by property lines in which each unit extends from foundation to roof and with a yard or public way on at least two sides.

Table R301.2(1) Climatic and geographic design criteria table shall be amended by completing the table as follows:

Ground Snow Load...5lb/ft2

Wind Design

Speed...115(3sec-gust)/76 fastest mile

Topographic effects...No

Special wind region...No

Wind-borne debris zone...No

Seismic Design Category...A

Subject to Damage From:

Weathering...Moderate

Frost line depth...6 inches

Termite... Very Heavy

Winter Design Temp...22°F

Ice Barrier Underlayment Required... No

Flood Hazards...Local Code

Air Freezing Index...69

Mean Annual Temp...64.6°F

Section R302.1 Exterior wall, shall be amended to read as follows:

R302.1 Exterior walls. Exterior walls with a fire separation distance less than 3 feet shall have not less than a one-hour fire-resistive rating with exposure from both sides. Projections shall not extend to a point closer than 2 feet from the line used to determine the fire separation distance.

Exception: Detached garages accessory to a dwelling located within 2 feet of a lot line may have roof eave projections not exceeding 4 inches.

Projections extending into the fire separation distance shall have not less than one-hour fire resistive construction on the underside. The above provisions shall not apply to walls which are perpendicular to the line used to determine the fire separation distance.

Exceptions:

1.     Structures exempted from permits by R105.2 are not required to provide wall protection based on location on the lot. Projections beyond the exterior wall shall not extend over the lot line.

2.     Open metal carport structures may be constructed on the property line without fire-resistive or opening protection when the location of the carport is approved as provided by the Code of Ordinances.

3.     Type U occupancies (not garages or carports), less than 145 square feet in size need not be separated from the use to which they are an accessory.

Section R302.2 Townhouses shall be amended by amending its applicable exception to read as follows:

Exception: A common two-hour fire-resistance-rated wall assembly, or one-hour fire-resistance-rated wall assembly, when equipped with a sprinkler system, is permitted for townhouses if such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the common wall. The wall shall be rated for fire exposure from both sides and shall extend to and be tight against exterior walls and the underside of the roof sheathing. Electrical installations shall be installed in accordance with chapters 34 through 43 of the Residential Code. Penetrations of electrical outlet boxes shall be in accordance with section R302.4.

Section R302.2.4 Structural independence shall be amended by amending exception 5 to read as follows:

5.     Townhouses separated by a common two-hour fire resistance-rated wall, or one-hour fire resistant rated wall, when equipped with an automatic sprinkler system.

Section R302.3 Two-family dwellings, shall be amended by adding a new exception to read as follows:

3.     Two-family dwelling units that are also divided by a property line through the structure shall be separated as required for townhouses.

Section R302.7 Under-stair protection shall be amended to read as follows:

R302.7 Under stair protection. Enclosed accessible space under stairs shall have walls, under stair surface and any soffits protected on the enclosed side with 5/8-inch fire-rated gypsum board or one-hour fire-resistive construction.

Section R303.3 Bathrooms shall be amended by amending its applicable exception to read as follows:

Exception: The glazed areas shall not be required where artificial light and local exhaust systems are provided. The minimum local exhaust rates shall be determined in accordance with section M1507. Exhaust are from the space shall be exhausted out to the outdoors unless the space contains only a water closet, a lavatory or water closet and a lavatory may be ventilated with an approve mechanical recirculating fan or similar device designed to remove odors from the air.

Section R311.2 Egress doors shall be amended by adding an exception to read as follows:

Exception: Exit doors may be provided with a night latch, dead bolt or security chain, provided such devices are mounted at a height not to exceed 48 inches above the finished floor.

Section 313.2 One- and two-family dwellings automatic fire systems shall be amended to read as follows:

R313.2 One- and two-family dwellings automatic fire systems. An automatic sprinkler system shall be installed in any structure with more than 5,000 square feet of enclosed floor area. For the purpose of this section, a structure includes separate dwelling units that are physically connected, regardless of separation by fire rated walls and property lines. Areas under patio covers and carports shall not be required to be sprinklered.

Section R319.1 Address identification shall be amended to read as follows:

R319.1 Address identification.

(A)     Address numbers representing the actual, current, and accurate street address of the premises shall be placed and continuously displayed on any building that constitutes a residential premises.

(B)     Address numbers shall:

(1)     Be placed and continuously displayed in a position on the building that is readily visible from the street fronting the property;

(2)     Be and remain legible;

(3)     Contrast with the background on which they are placed;

(4)     Consist solely of Arabic numbers or alphabetical letters, as appropriate to accurately reflect the address;

(5)     Be not less than 4 inches in height with a stroke width of not less than 0.5 inches; and

(6)     Be pre-manufactured or professionally lettered.

(C)     Additional address numbering shall be placed and continuously displayed in compliance with subsection (B):

(1)     Where required by the Fire Code Official at additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from a street, a monument, pole or other sign or means may be required to identify the premises; and

(2)     At the rear of the premises if the owner of the premises has maintenance responsibility for the area behind the premises, for example (but not in limitation) if the premises is served by an alley, common area, or easement. A requirement provided by other law or a deed restriction that a premises must have a gate or other access to the adjoining area of responsibility is prima facie evidence that addressing on the rear of the premises is required under this subsection.

Section R320.1 Scope shall be amended to read as follows:

R320.1 Scope. Accessible dwelling units shall comply with the Texas Accessibility Standards as applicable.

Section R322.2.1 Elevations requirements, shall be amended to read as follows:

R322.2.1 Elevation requirements.

1.     Buildings and structures in flood hazard area, including flood hazards areas designated as Coastal A Zones, shall have the lowest floor elevation to or above the base flood elevation plus 2 feet or the design flood elevation.

2.     In areas of shallow flooding (AO zones), buildings and structures shall have the lowest floor (including basement) elevated to a height of not less than the highest adjacent grade as the depth number specified in feet on the FIRM plus 2 feet, or not less than 3 feet if a depth number is not specified.

3.     Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 2 feet or the design flood elevation, whichever is higher.

Exception: Enclosed areas below the design flood elevation, including basement with floors that are not below grade on all sides shall meet the requirements of section R322.2.2.

Section R401.1 Application shall be amended by adding a new exception to read as follows:

3.     In lieu of the requirements of this section, the Building Official may accept an alternative design if the foundation is designed by a professional structural engineer who is licensed by the State of Texas.

Section 401.2.1 Post tension foundations shall be amended by adding a subsection to read as follows:

401.2.1 Post tension foundations. Post tension foundations shall be designed by a professional structural engineer licensed by the State of Texas. Foundation construction shall be certified as meeting the design of the engineer by a special inspector or by the designing engineer.

Section R401.2.2 Foundation repair shall be amended by adding a new section to read as follows:

R401.2.2 Foundation repairs. Foundation repair shall be designed by a professional structural engineer licensed by the State of Texas. Foundation repair shall be certified as meeting the design of the engineer by a special inspector or by the designing engineer.

Section R401.3.1 Grading and drainage shall be amended by adding a new section to read as follows:

R401.3.1 Grading and drainage. Grading and drainage shall conform with chapter 31, article II, section 31.24 of the City of Garland Code of Ordinances.

Section R401.3.2 Protection to adjoining property shall be amended by adding a new section to read as follows:

R401.3.2 Protection of adjoining property. The requirements for protection of adjacent property and the depth to which the protection is required shall be defined by prevailing law. Lateral support of adjoining property is of a civil nature between adjoining property owners.

Section 602.6.1 Drilling and notching of top plate shall be amended to read as follows:

R602.6.1 Drilling and notching of top plate. When piping or ductwork is placed in or partly in an exterior wall or interior load-bearing wall necessitating cutting, drilling or notching of the top plate by more than 50 percent of its width, a galvanized metal tie not less than 0.054-inch thick and 5 inches wide shall be fastened across and to the plate at each side of the opening with not less than eight 10d (0.148-inch diameter) nails having a minimum length of 1 inches at each side or equivalent. Fasteners will be offset to prevent splitting of the top plate material. The metal tie must extend a minimum of 6 inches past the opening. See figure R602.6.1 below.

Figure R602.6.1 Top plate framing to accommodate piping shall be deleted in its entirety and the following figure shall be inserted in its place:

Section R703.8.4.1 shall be amended by adding a second paragraph to the end of the section to read as follows:

In stud framed exterior walls, all ties shall be anchored to studs as follows:

1.     When studs are 16 inches o.c., stud ties shall be spaced no further apart than 24 inches vertically starting approximately 12 inches from the foundation; or

2.     When studs are 24 inches o.c., stud ties shall be spaced no further apart than 16 inches vertically starting approximately 8 inches from the foundation.

Section R902.1 Roofing covering materials shall be amended to read as follows:

R902.1 Roofing covering materials. Roofs shall be covered with materials as set for the in section R904 and R905. Only class A, B, C roofing shall be installed. Class A, B and C roofing requirements by this section to be listed shall be tested in accordance with UL790 or ASTM E 108.

Exceptions:

1.     {Text unchanged}

2.     {Text unchanged}

3.     {Text unchanged}

4.     {Text unchanged}

5.     Nonclassified roof coverings shall be permitted on one-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided the floor area does not exceed 100 square feet.

Chapter 11 Energy efficiency, the contents of chapter 11 shall be deleted in their entirety and replaced with the following:

N1101 Scope. This chapter regulated the energy efficiency of the design and construction of buildings regulated by this Code.

N1101.2 Compliance. Compliance shall be demonstrated by meeting the requirement of the residential provisions of the 2015 International Energy Conservation Code as amended in conformance with State law.

Section M1305.1.3 Appliances in attics, shall be amended to read as follows:

M1305.1.3 Appliances in attics. Attics containing appliances requiring access for maintenance, repair, or replacement shall be provided with an opening and unobstructed passageway large enough to allow removal of the largest appliance. The passageway shall not be less than 30 inches high and 22 inches wide and not more than 20 feet in length measured along the centerline of the passageway from the opening to the appliance. The passageway shall have continuous unobstructed solid flooring not less than 22 inches wide. A level service space not less than 30 inches deep and 30 inches wide shall be present at the front or service side of the appliance. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches or shall be larger where such dimensions are not large enough to allow removal of the largest appliance. As a minimum, access to the attic space shall be provided by one of the following:

1.     A permanent stair;

2.     A pull down stair with a minimum 300 lb capacity;

3.     An access door from an upper floor level; or

4.     An access panel may be used in lieu of items 1, 2, or 3 with prior approval of the Building Official due to building conditions.

Exception: The passageway and level service space are not required where the appliance is capable of being removed through the required opening.

Section M1503.4 Makeup air required shall be amended to read as follows:

M1503.4 Makeup air required. Exhaust hood systems capable of exhausting in excess of 400 cubic feet per minute shall be provided with makeup air at a rate approximately equal to the difference between the exhaust air rate and 400 cubic feet per minute. Such makeup air systems shall be equipped with means of closure and shall be automatically controlled to start and operate simultaneously with the exhaust system.

Exception: Where all appliances in the house are of sealed combustion, power-vent, unvented, or electric, the exhaust hood system shall be permitted to exhaust up to 600 cubic feet per minute without providing make up air. Exhaust hood system capable of exhausting in excess of 600 cubic feet per minute shall be provided with a makeup air at a rate approximately equal to the difference between the exhaust air rate and 600 cubic feet per minute.

Section M2005.2 Prohibited locations shall be amended to read as follows:

M2005.2 Prohibited locations. Fuel fired water heaters shall not be installed in a room used as a storage closet. Water heaters located in a bedroom or bathroom shall be installed in a sealed enclosure so that combustion air will not be taken from the living space. Access to such enclosure may be from the bedroom or bathroom when through a solid door, weather stripped in accordance with the exterior door air leakage requirements of the International Energy Conservation Code and equipped with an approved self-closing device. Installation of direct-vent water heaters within enclosure is not required.

Section G2408.3 shall be deleted in its entirety.

Section G2415.2.1 Identification shall be amended by adding a new subsection to read as follows:

G2415.2.1 Identification. For other than steel pipe, exposed piping shall be identified by a yellow label marked “gas” in black letters. The marking shall be spaded at intervals not exceeding 5 feet. The marking shall not be required on pipe located in the same room as the appliance served. Both ends of each section of medium pressure corrugated stainless steel tubing (CSST) shall identify its operating gas pressure with an approved tag. The tags are to be composed of aluminum or stainless steel and the following working shall be stamped into the tag:

“WARNING

1/2 to 5 psi gas pressure

Do Not Remove”

Section G2414.5.3 Corrugated stainless steel tubing shall be amended to read as follows:

G2414.5.3 Corrugated stainless steel tubing. Corrugated stainless steel tubing shall be listed in accordance with ANSI LC1/CSA 6.26. Corrugated stainless steel tubing shall be a minimum of 1/2 inch in size.

Section G2415.12 Minimum burial depth shall be amended to read as follows:

G2415.12 Minimum burial depth. Underground piping systems shall be installed a minimum depth of 18 inches below grade.

Section G2415.12.1 Individual outside appliances shall be deleted in its entirety.

Section G2417.4 Test pressure measurement, shall be amended to read as follows:

G2417.4 Test pressure measurement. Test pressure shall be measured with a monometer or with a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss caused by leakage during the pressure test period. The source of pressure shall be isolated before the pressure tests are made.

Section G2417.4.1 Test pressure, shall be amended to read as follows:

G2417.4.1 Test pressure. The test pressure to be used shall be no less than 3 psig (20 kPa gauge), or at the discretion of the Code Official, the piping and valves may be tested at a pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope gauge. For tests requiring a pressure of 3 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one half inches (3-1/2"), a set hand, 1/10 pound incrimination and pressure range not to exceed 6 psi for tests requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, diaphragm gauges shall utilize a dial with a minimum diameter of three and one-half inches (3-1/2"), a set hand, a minimum of 2/10 pound incrimination and a pressure range not to exceed 20 psi. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column (52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one-half times the proposed maximum working pressure.

Section G2417.4.2 Test duration, shall be amended to read as follows:

G2417.4.2 Test duration. Test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than fifteen (15) minutes. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the Code Official, but in no case for less than thirty (30) minutes.

Section G2420.1.4 Valves in CSST installations, shall be added as a new section to read as follows:

G2420.1.4 Valves in CSST installations. Shutoff valves installed with corrugated stainless steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent support, suitable for the size of the valves, of adequate strength and quality, and located at intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches from the center of the valve. Supports shall be installed so as not to interfere with the free expansion and contraction of the system's piping, fittings, and valves between anchors. All valves and supports shall be designed and installed so they will not be disengaged by movement of the supporting piping.

Section G2421.1 Pressure regulators, shall be amended to read as follows:

G2421.1 Pressure regulators. A line pressure regulator shall be installed where the appliance is designed to operate at a lower pressure than the supply pressure. Line gas pressure regulators shall be listed as complying with ANSI Z21.80. Access shall be provided to pressure regulators. Pressure regulators shall be protected from physical damage. Regulators installed on the exterior of the building shall be approved for outdoor installation. Access to regulators shall comply with the requirements for access to appliances as specified in section 306.

Exception: A passageway or level service space is not required when the regulator is capable of being serviced and removed through the required attic opening.

Section G2445.2 Prohibited use, shall be amended to read as follows:

G2445.2 Prohibited use. One or more unvented room heaters shall not be used as the sole source of comfort heating in a dwelling unit.

Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the Code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist.

Section G2448.1.1 Installation requirements shall be amended to read as follows:

G2448.1.1 Installation requirements. The requirements for water heaters relative to access, sizing, relief valves, drain pans and scald protection shall be in accordance with this Code.

Section P2801.6.1 Pan size and drain shall be amended to read as follows:

P2801.6.1 Pan size and drain. The pan shall be not less than 1-1/2 inches (38 mm) in depth and shall be of sufficient size and shape to receive all dripping or condensate from the tank or water heater. The pan shall be drained by an indirect waste pipe having a diameter of not less than 3/4 inch (19 mm). Piping for safety pan drains shall be of those materials listed in table 605.4. Multiple pan drains may terminate to a single discharge piping system when approved by the administrative authority and permitted by the manufactures installation instructions and installed with those instructions.

Section P2804.6.1 Requirement for discharge piping shall be amended to read as follows:

P2804.6.1 Requirements for discharge piping. The discharge piping serving a pressure relief valve, temperature relief valve or combination thereof shall:

1.     Not be directly connected to the drainage system.

2.     Discharge through an air gap.

3.     Not be smaller than the diameter of the outlet of the valve served and shall discharge full size to the air gap.

4.     Serve a single relief device and shall not connect to piping serving any other relief device or equipment.

Exception: Multiple relief devices may be installed to a single T & P discharge piping system when approved by the Building Official and permitted by the manufacture's installation instructions and installed per those instructions.

5.     Discharge to an indirect waste receptor or to the outdoors. Where discharging to the outdoors in areas subject to freezing, discharge piping shall be first piped to an indirect waste receptor through an air gap located in a conditioned area.

6.     Discharge in a manner that does not cause personal injury or structural damage.

7.     Discharge to a termination point that is readily observable by the building occupants.

8.     Not be trapped.

9.     Be installed so as to flow by gravity.

10.     Not terminate less than 6 inches or more than 24 inches above grade.

11.     Not have a threaded connection at the end of such piping.

12.     Not have valves or tee fittings.

13.     Be constructed of those materials listed in section 605.4 or materials tested, rated and approved for such use in accordance with ASME A112.4.1.

Section P2902.5.3 Lawn irrigation systems shall be amended to read as follows:

P2902.5.3 Lawn irrigation systems. The potable water supply system to lawn irrigation systems shall be protected against backflow by an atmospheric type vacuum breaker, a pressure type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer. A valve shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventer.

Section P3003.9 Solvent cementing shall be amended by deleting the exceptions in their entirety.

Section P3112.2 Installation shall be amended to read as follows:

P3112.2 Installation. Traps for island sinks and similar equipment shall be roughed in above the floor and may be vented by extending the vent as high as possible, but not less than the drain board height and then returning it downward and connecting it to the horizontal sink drain immediately downstream from the vertical fixture drain. The return vent shall be connected to the horizontal drain through a wye-branch fitting and shall, in addition, be provided with a foot vent taken off the vertical fixture vent by means of a wye-branch immediately below the floor and extending to the nearest partition then through the roof to the open air or may be connected to their vents at a point not less than six (6) inches above the flood level rim of the fixtures served. Drainage fittings shall be used on all parts of the vent below the floor level and a minimum slope of 1/4 inch per foot back to the drain shall be maintained. The return vent used under the drain-board shall be a one (1) piece fitting or be a forty-five (45) degree, a ninety (90) degree and a forty-five (45) elbows in the order named. Pipe sizing shall be as elsewhere required in this Code. The island sink drain, upstream of the return vent shall serve no other fixtures. An accessible cleanout shall be installed on the vertical portion of the foot vent.

(Ordinance 5628, sec. 19, adopted 2/19/02; Ordinance 5725, sec. 2, adopted 4/15/03; Ordinance 5977, sec. 8, adopted 3/7/06; Ordinance 6506, sec. 10, adopted 12/6/11; Ordinance 6616, sec. 2, adopted 5/21/13; Ordinance 6820, sec. 1, adopted 1/5/16; Ordinance 6835, sec. 1, adopted 5/17/16; Ordinance 6850, sec. 13, adopted 8/16/16; Ordinance 6952, sec. 16, adopted 1/16/18)

   Secs. 30.227–30.250     Reserved

   ARTICLE XIV. INTERNATIONAL ENERGY CONSERVATION CODE*

   Sec. 30.251     Adopted

The 2015 edition of the International Energy Conservation Code (“Energy Conservation Code”) is hereby adopted by reference. A copy shall remain on file in the office of the City Secretary. Unless deleted, amended, expanded or otherwise changed herein, all provisions of the Energy Conservation Code shall be fully applicable and binding and of full force and effect. (Ordinance 5628, sec. 20, adopted 2/19/02; Ordinance 5977, sec. 9, adopted 3/7/06; Ordinance 6506, sec. 11, adopted 12/6/11; Ordinance 6850, sec. 14, adopted 8/16/16)

   Sec. 30.252     Amendments, modifications, and deletions

The following sections of the International Energy Conservation Code, as adopted in section 30.251 of the Code of Ordinances, are amended as described below:

Sections C101.1 and R101.1 title shall be amended to read as follows:

C101.1 and R101.1 Title. These regulations shall be known as the Energy Conservation Code of The City of Garland, Texas (hereinafter referred to as “the Energy Conservation Code”) and shall be cited as such. It is referenced to herein as “this Code.”

Section C102.1.2 and R102.1.2 Alternative compliance shall be amended to read as follows:

C102.1.2 Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Building Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program Certification Of Energy Code equivalency shall be considered in compliance.

R102.1.2 Alternative compliance. A building certified by a national, state, or local accredited energy efficiency program and determined by the Energy Systems Laboratory to be in compliance with the energy efficiency requirements of this section may, at the option of the Building Official, be considered in compliance. The United States Environmental Protection Agency's Energy Star Program Certification Of Energy Code equivalency shall be considered in compliance. Regardless of the program or the path to compliance, each 1- and 2-family dwelling shall be tested for air and duct leakage as prescribed in section R402.4 and R403.3.3 respectively.

Section C109 Board of Appeals, of the International Energy Conservation Code is amended in its entirety and shall read as follows:

(A)     Appeals. Any person aggrieved by any decision or ruling made by the Building Official under the provisions of this Article XIV, “Energy Conservation Code,” may appeal to the Unified Building Standards Commission.

(B)     Appeal Procedures. The provisions, procedures, rules, and deadlines of Section 30.02 shall apply to all appeals made under this Article XIV, “Energy Conservation Code.”

Sections C202 and R202 General definitions shall be amended by adding the following definitions:

DYNAMIC GLAZING. Any fenestration product that has the fully reversible ability to change its performance properties, including U-factor, solar heat gain coefficient (SHGC), or visible transmittance (VT).

ENERGY STAR. ENERGY STAR is a joint program of the United States Environmental Protection Agency and United States Department of Energy. It provides technical information and resources related to energy efficiency, and it provides a recognition program for consumer goods as well as new homes and commercial and industrial buildings.

ENERGY SYSTEMS LABORATORY (“ESL”). ESL is a division of the Texas Engineering Experiment Station and a member of the Texas A&M University System. ESL assists with the calculation of emissions reduction benefits from energy efficiency and renewable energy initiatives as part of the Texas Emissions Reduction Program (“TERP”).

GLAZING AREA. Total area of the glazed fenestration measured using the rough opening and including sash, curbing or other framing elements that enclose conditioned space. Glazing area includes the area of glazed fenestration assemblies in walls bounding conditioned basements. For doors where the daylight opening area is less that 50 percent of the door area, the glazing area is the daylight opening area. For all other doors, the glazing area is the rough opening area for the door including the door and the frame.

HERS INDEX. A HERS Index of 100 represents the energy use of the “American standard building” and a HERS Index of 0 (zero) represents a building using no net purchased energy (a “zero energy building”). Lower HERS Index scores indicate greater energy efficiency.

HISTORIC BUILDING. Any building or structure that is listed in the State or National Register of Historic Places; designated as a historic property under local or state designation law or survey; certified as a contributing resource within a National Register-listed or locally designated historic district or with an opinion or certification that the property is eligible to be listed on the National or State Registers of Historic Places, either individually or as a contributing building, to a historic district by the State Historic Preservation Officer of the Keeper of the National Register of Historic Places.

HOME ENERGY RATER. A person who performs a standardized evaluation of the energy efficiency of a building. The rater conducts onsite inspections and tests, including a blower door test and a duct test, the results of which are used to generate a final HERS Index for a building.

HOME ENERGY RATING SYSTEM (“HERS”). A home energy rating is an analysis of a building's projected energy efficiency in comparison to a “reference home” (the current reference home is based on the 2006 International Energy Conservation Code, but is subject to change). A home energy rating involves analysis of a home's construction plans and onsite inspections and testing by a certified home energy rater. This analysis yields a projected, preconstruction HERS Index.

INTERNATIONAL CODE COMPLIANCE CALCULATOR (“IC3”). Developed by ESL, IC3 is a software tool that compares the energy efficiency of a proposed construction design to the energy efficiency of ESL's standard construction design.

PROJECTION FACTOR. The ratio of the horizontal depth of the overhang, eave, or permanently attached shading device, divided by the distance measured vertically from the bottom of the fenestration glazing to the underside of the overhang, eave or permanently attached shading device.

Sections C303.1.5 and R303.1.5 Spray foam, shall be added to read as follows:

Sections C303.1.5 and R303.1.5 Spray foam. Where spray-applied polyurethane foam is installed, the installer must provide product information from the insulation manufacturer indicating a flame spread index of not more than 25 and a smoke-developed index of not more than 450 when tested in accordance with ASTM E84 or UL723.

Sections C402.2.7 and R402.2.14 Insulation installed in walls shall be added to read as follows:

Sections C402.2.7 and R402.2.14 Insulation installed in walls. To insure that insulation remains in place, insulation installed in walls shall be totally enclosed on all sides consisting of framing lumber, gypsum, sheathing, wood structural panel sheathing, netting or other equivalent material approved by the Building Official.

Section R402.3.2 Glazed fenestration SHGC, shall be added to read as follows:

R402.3.2 Glazed fenestration SHGC. Where vertical fenestration is shaded by an overhang, eave, or permanently attached shading device, the SHGC required in table R402.1.2 shall be reduced by using the multipliers in table R402.3.2 SHGC Multipliers for Permanent Projections.

Table R402.3.2 SHGC Multipliers for permanent projections shall be added to read as follows:

Table R402.3.2 SHGC Multipliers for Permanent Projectionsa

Projection Factor

SHGC Multiplier
(all other orientation)

SHGC Multiplier
(north oriented)

0–0.10

1.00

1.00

>0.10–0.20

0.91

0.95

>0.20–0.30

0.82

0.91

>0.30–0.40

0.74

0.87

>0.40–0.50

0.67

0.84

>0.50–0.60

0.61

0.81

>0.60–0.70

0.56

0.78

>0.70–0.80

0.51

0.76

>0.80–0.90

0.47

0.75

>0.90–1.00

0.44

0.73

a North oriented means within 45 degrees of true north.

Section R402.4.1.2 Testing, this paragraph shall be added to the end of the section as follows:

Mandatory testing shall only be performed by individuals that are certified to perform air infiltration testing certified by national or state organizations as approved by the Building Official. The certified individuals must be an independent third-party entity, and may not be employed; or have any financial interest in the company that constructs the structure. The testing agency shall submit a Residential Testing Compliance Certificate to the Building Official.

Section R403.3.3 Duct testing (mandatory), this paragraph shall be added to the end of the section as follows:

Mandatory testing shall only be performed by individuals that are certified to perform duct testing leakage testing certified by national or state organizations as approved by the Building Official. The certified individuals must be an independent third-party entity, and may not be employed; or have any financial interest in the company that constructs the structure. The testing agency shall submit a Residential Testing Compliance Certificate to the Building Official.

Section R405.6.2 Specific approval, this sentence shall be add to the end of this section to read as follows:

Acceptable performance software simulation tools may include, but are not limited to, REM RateTM, Energy Gauge and IC3. Other performance software programs accredited by RESNET BESTEST and having the ability to provide a report as outlined in R405.4.2 may also be deemed acceptable performance simulation programs and may be considered by the Building Official.

Table R406.4 Maximum energy rating index, shall be amended to read as follows:

TABLE R406.41

MAXIMUM ENERGY RATING INDEX

Climate Zone

Energy Rating Index

3

65

1 This table is effective until August 31, 2019.

TABLE R406.42

MAXIMUM ENERGY RATING INDEX

Climate Zone

Energy Rating Index

3

63

2 The table is effective from September 1, 2019 to August 31, 2022.

TABLE R406.43

MAXIMUM ENERGY RATING INDEX

Climate Zone

Energy Rating Index

3

59

3 This table is effective on or after September 1, 2022.

(Ordinance 5628, sec. 20, adopted 2/19/02; Ordinance 5977, sec. 9, adopted 3/7/06; Ordinance 6506, sec. 12, adopted 12/6/11; Ordinance 6850, sec. 15, adopted 8/16/16; Ordinance 6952, sec. 17, adopted 1/16/18)

   Secs. 30.253–30.269     Reserved

   ARTICLE XV. INTERNATIONAL PROPERTY MAINTENANCE CODE

   Sec. 30.270     Adopted

The following provisions (as are enumerated in section 30.271) of the International Property Maintenance Code (“Property Maintenance Code”), 2015 edition, are hereby adopted by reference. A copy shall be kept on file in the office of the City Secretary. If so adopted, the adopted provisions of the Property Maintenance Code shall be fully applicable, binding, and of full force and effect within the City. When any section of, or amendment to, the Property Maintenance Code conflicts with a provision of the Code of Ordinances, the Code of Ordinances shall control. (Ordinance 6506, sec. 13, adopted 12/6/11; Ordinance 6850, sec. 16, adopted 8/16/16)

   Sec. 30.271     Amendments, modifications, and deletions

The following sections of the International Property Maintenance Code are adopted as follows:

Section 101 Scope and administration shall be adopted, provided that section 101.2 shall be amended to read as follows:

101.2 Scope. The provisions of this Code shall apply to all existing nonresidential structures and all existing nonresidential premises and constitutes the minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for safe; and a reasonable level of sanitary maintenance; the responsibility of owners, owner's authorized agents, operators, and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.

Section 108 Unsafe structures and equipment shall be adopted.

Chapter 2 Definitions shall be adopted, with the exception of the definition of “inoperable vehicle,” which is hereby deleted.

Section 301 General shall be adopted.

Section 304 Exterior structure shall be adopted.

Section 305 Interior structure shall be adopted.

Section 306 Component serviceability shall be adopted.

Section 307 Handrails and guardrails shall be adopted.

Chapter 8 Referenced standards shall be adopted.

Appendix A Boarding standard shall be adopted.

(Ordinance 6506, sec. 14, adopted 12/6/11; Ordinance 6850, sec. 17, adopted 8/16/16)

   Secs. 30.272–30.300     Reserved

   ARTICLE XVI. FEE SCHEDULE

   Sec. 30.301     Schedule of fees

The following fees shall be charged when issuing either combined permits or individual permits for the work shown. In the event that a permit is to be issued for work not shown below, a fee shall be charged based upon a category of work shown which most resembles the work intended. All fees will be rounded to the closest dollar amount, with 1–49 cents rounded down and 50–99 cents rounded up to the next dollar. The permit fees listed may be doubled if work is started prior to the permit being issued.

Construction valuation shall be stated on the permit application and shall include the entire value of the construction being proposed. Construction valuation shall include all costs of constructing the actual structure including all mechanical, electrical, plumbing, fire sprinkler and interior and exterior finishes. If the stated construction valuation is less than what is reflected in the most current square footage construction cost table from building valuation data published by the International Code Council, the city may recalculate the construction valuation using that table and assess the fee based on the new calculated construction value.

(A)     Permit processing fee: A permit processing fee shall be assessed on each permit application and contractor registration, and shall be payable at the time a permit application or contractor registration is filed with the Building Inspection Department. The permit processing fee shall be in an amount equal to twenty-five percent (25%) of the permit fee for the particular permit being sought, or twenty-five percent (25%) of the contractor registration fee, as applicable, but in no instance shall the fee be less than fifteen dollars ($15.00). This processing fee is nonrefundable.

(A.1)     Credit access business application fee: A non-refundable application fee shall be assessed on each application for a certificate of registration issued pursuant to section 26.185 of this Code, and shall be payable at the time application is filed with the Building Inspection Department. The application fee shall be $75.00.

(B)     Plan revision/plan restamping fee: $30.00 per hour ($30.00 minimum).

(C)     Residential construction:

(1)     SFR - New:

$3.75

Per $1,000.00 of construction valuation. Minimum $650.00 (includes mechanical, electrical and plumbing fees)

  

$30.00

Sidewalk adjacent to public or private street (if applicable)

  

$30.00

Per approach

  

$35.00

Fence (if applicable)

  

$50.00

Stormwater plan review

Plus applicable water meter fee, water/roadway impact fees, fire sprinkler fees, etc.

(2)     SFR - Addition (including attached accessory building, detached accessory building 400 square feet or larger, and/or garage not constructed at time of the main building):

$5.00

Per $1,000.00 of construction valuation. Minimum $100.00 (includes mechanical, electrical and plumbing fees)

(3)     SFR - Repair, alteration or remodeling (including, but not limited to, garage conversions and fire repairs):

$5.00

Per $1,000.00 of construction valuation, minimum $50.00.

  

$70.00

Mechanical (if applicable)

  

$70.00

Electrical (if applicable)

  

$70.00

Plumbing (if applicable)

(4)     SFR - Miscellaneous:

$50.00

Carport not constructed at the time of the main building

  

$50.00

Fireplace

  

$40.00

Wood burning stove

  

$55.00

Ham antenna

  

$50.00

Rebrick, stucco, etc. of house

  

$30.00

Improved parking surface (new or replace driveway)

  

$30.00

Detached storage building and patio cover up to 144 square feet

  

$55.00

Detached storage building and patio cover more than 144 square feet but less than 400 square feet

  

$30.00

Sidewalk adjacent to public or private street

  

$30.00

Per approach

  

$35.00

Fence

  

$50.00

Retaining wall requiring a permit

  

$30.00

Foundation repair

  

$30.00

Demolition

  

$35.00

Screening wall plus $0.25 per linear foot

  

$70.00

Mechanical (heating and air conditioning)

  

$70.00

Electrical

  

$70.00

Plumbing (includes water heater replacement and sprinkler systems)

  

$35.00

Temporary utility inspection

  

$80.00

Irrigation installation

  

$60.00

Roofing permit

(5)     Multifamily construction:

(a)     Multifamily new:

$450.00

Per unit (including common noncommercial areas, such as laundry rooms; includes mechanical, electrical and plumbing fees)

  

$75.00

Per unit for garages/carports

  

$50.00

Sidewalk adjacent to public or private street (if applicable)

  

$50.00

Per approach

  

$60.00

Fence

  

$35.00

Temporary utility inspection, per inspection (electric or gas), per building

Additional fees (meter fees, impact fees, pro-rata fees, fire sprinkler fees, etc.) may apply, depending on scope of project.

(b)     Multifamily additions:

$450.00

Per unit (including common areas; includes mechanical, electrical and plumbing fees)

Additional fees (meter fees, impact fees, pro-rata fees, fire sprinkler fees, etc.) may apply, depending on scope of project.

(c)     Multifamily repairs, alterations and/or remodeling (including re-roofs):

$10.00

Per $1,000.00 of construction value. Minimum fee $100.00 (Includes mechanical, electrical and plumbing fees)

(d)     Multifamily miscellaneous permit fees:

$100.00

Miscellaneous building permit fees

  

$70.00

Mechanical (per unit, minimum $140.00)

  

$70.00

Electrical (per unit, minimum $140.00)

  

$70.00

Plumbing (per unit, minimum $140.00) includes water heater replacements and sprinkler systems

  

$60.00

Retaining wall requiring a permit

  

$35.00

Screening wall plus $0.25 per linear foot

  

$50.00

Sidewalk adjacent to public or private street

  

$50.00

Per approach

  

$60.00

Fence

  

$75.00

Paving repair/replacement

  

$150.00

New parking lot, parking lot expansion

(D)     Commercial:

(1)     Commercial and nonresidential - New building and new shell buildings:

$4.25

Per $1,000.00 of construction valuation. Minimum $1,000.00 (includes mechanical, electrical and plumbing fees)

Additional fees (meter fees, impact fees, pro-rata fees, fire sprinkler fees, etc.) may apply, depending on scope of project.

(2)     Commercial and nonresidential canopies:

$6.00

Per $1,000.00 of construction valuation. Minimum $100.00 (includes any electrical fee)

Additional fees (meter fees, impact fees, pro-rata fees, fire sprinkler fees, etc.) may apply, depending on scope of project.

(3)     Commercial and nonresidential - Interior completions, major repairs, remodeling or alterations:

$6.00

Per $1,000.00 of construction valuation. Minimum permit fee $100.00 (includes mechanical, electrical and plumbing fees)

Additional fees (meter fees, impact fees, pro-rata fees, fire sprinkler fees, etc.) may apply, depending on scope of project.

(4)     Commercial - Miscellaneous:

$75.00

Reroof

  

$60.00

Fence

  

$50.00

Sidewalk adjacent to public or private streets

  

$50.00

Per approach

  

$50.00

Demolition

  

$100.00

Cell antenna monopole

  

$35.00

Satellite

  

$100.00

Fire sprinkler system with building permit

  

$90.00

Mechanical

  

$90.00

Electrical

  

$90.00

Plumbing

  

$50.00

Screening wall plus $0.25 per linear foot

  

$75.00

Paving repair/replacement

  

$150.00

New parking lot, parking lot expansion

  

$100.00

Grading

  

$500.00

Foundation only

  

$75.00

Temporary batch plant (fee due upon each 90-day renewal)

  

$75.00

Temporary shipping container (per unit)

  

$35.00

Temporary utility inspection

  

$60.00

Retaining wall requiring a permit

  

$100.00

Irrigation installation

(E)     Signs:

(1)     Signs – New, repair or reface attached or detached:

$125.00

Up to 50 square feet

  

$165.00

50 to 100 square feet

  

$215.00

101 to 200 square feet

  

$325.00

201 to 300 square feet

  

$75.00

For each additional 100 square feet above 300

(2)     Signs – Banners (includes ground mounted heavier-than-air inflatables, streamers, etc.):

$100.00

Sixty day wind device, inflatables, streamers

(F)     Contractor registration – Registration is good for one year from the date of registration (plus applicable processing fee):

$100.00

General contractor (includes contractors who obtain permits for pools, fences, paving, structure moving, roof repair, foundation repair or general repairs)

  

$100.00

Mechanical contractor

  

None

Plumbing contractor

  

$100.00

Irrigator contractor

  

$100.00

Sign contractor

  

$100.00

Electrical contractor

(G)     Miscellaneous permit fees:

(1)     In-ground swimming pools:

$250.00

Residential (includes electrical and plumbing)

  

$290.00

Commercial (includes electrical and plumbing)

(2)     Aboveground swimming pools, spas and/or hot tubs:

$190.00

Residential (includes electrical and plumbing)

  

$210.00

Commercial (spas and/or hot tubs only) (includes electrical and plumbing)

(H)     Certificate of occupancy:

$150.00

Change of location, ownership or new business

  

$30.00

Change of name, addendum or duplicate copy

  

$60.00

Clean & show

  

$100.00

Conditional certificate of occupancy

(I)     Moving:

$50.00

Less than 400 square feet

  

$100.00

More than 400 square feet

(J)     Special event or temporary commercial amusement facility (circus, carnival, etc.):

$100.00

If not using a tent larger than 200 square feet or a canopy larger than 400 square feet.

  

$170.00

If using a tent larger than 200 square feet or a canopy larger than 400 square feet.

(K)     Temporary activity (public auction, stock show, commercial sporting activities, Christmas tree lot, temporary seasonal activities such as plant sales and landscaping material, etc.):

$70.00

If not using a tent larger than 200 square feet or a canopy larger than 400 square feet.

  

$140.00

If using a tent larger than 200 square feet or a canopy larger than 400 square feet.

(L)     Temporary sales (5 consecutive days per month; permit must be issued to certificate of occupancy holder):

$40.00

If not using a tent larger than 200 square feet or a canopy larger than 400 square feet.

  

$100.00

If using a tent larger than 200 square feet or a canopy larger than 400 square feet.

(M)     Reinspection fees:

$50.00

Single re-fee

  

$100.00

Double re-fee

  

$50.00

Single stormwater re-fee

  

$100.00

Double stormwater re-fee

(N)     After hours inspection: $60.00 per hour ($120.00 minimum).

(O)     Board Fees.

$100.00

Unified Building Standards Commission

  

$200.00

Board of Adjustment - Residential, nonrefundable

  

$300.00

Board of Adjustment - Commercial, nonrefundable

(P)     Request for public information: The charge for providing public information under this section shall comply with the cost provisions contained within subchapter F of the Public Information Act, Texas Government Code sections 552.261–552.275, and the cost regulations as promulgated by the Office of the Attorney General and contained with title 1, Texas Administrative Code, section 70.3.

(Q)     Other fees:

(1)     Water and roadway impact fees are assessed by the Planning Department, but paid for in the Building Inspection Department. Water impact fees do not include water meter fees.

(2)     Pro rata fees are paid for in the Engineering Department (972) 205-2170.

(3)     Sewer tap fees are assessed by the Water Department, but paid for in the Building Inspection Department.

(R)     Refunds:

(1)     In the event of abandonment or discontinuance of work for which a permit has been issued, a refund by the city of certain portions of the permit fee shall be made; provided, however, that a written request is made by the person or firm who paid the fee; and provided, that the written request is delivered, along with the original receipt to the office of the Building Official within sixty (60) days of the date of abandonment or discontinuance of the work. The portion of the fee to be refunded shall be in accordance with the schedule shown below, where the portion of the fee to be refunded shall be based upon the point to which the work has progressed prior to abandonment or discontinuance, as determined from City inspection records.

(2)     For the purpose of determining the refundable portion of the fee for combined and individual building permits and for swimming pool permits, the term “first inspection” shall mean any building foundation inspection, pool steel inspection or plumbing rough-in inspection. Similarly, the term “second inspection” shall mean any building framing inspection, plumbing top-out inspection, electrical rough-in inspection or mechanical system duct inspection.

(a)     Residential, apartment and commercial building permits; both combined and individual swimming pool permits:

Time at Which Work is Abandoned or Discontinued

Percentage of Fee to be Refunded

  

Following issuance of permit, but prior to any first inspection

75%

  

Following any first inspection, but prior to any second inspection

50%

  

Following any second inspection, but prior to any final inspection

25%

  

Following any final inspection

No refund

(b)     Subcontractor permits and miscellaneous permits other than swimming pools:

Time at Which Work is Abandoned or Discontinued

Percentage of Fee to be Refunded

  

Following issuance of permit, but prior to any inspection

50%

  

Following any inspection

No refund

(c)     Certificates of occupancy:

Time at Which Refund is Requested

Percentage of Fee to be Refunded

  

Prior to any inspection

75%

  

Following one (1) inspection, by any department

50%

  

Following two (2) inspections by any department

No refund

(S)     Payment required: No permit required by chapter 30, article I, of this Code and by the International Building Code shall be issued until the fee prescribed by chapter 30, article I, of this Code has been paid, nor shall an amendment to a permit be approved until any additional fee required by such amendment has been paid.

(Ordinance 5628, sec. 21, adopted 2/19/02; Ordinance 5666, sec. 6, adopted 9/17/02; Ordinance 5704, sec. 1, adopted 2/4/03; Ordinance 5763, sec. 1, adopted 9/2/03; Ordinance 5847, sec. 7, adopted 9/7/04; Ordinance 5977, sec. 10, adopted 3/7/06; Ordinance 6260, sec. 12, adopted 9/2/08; Ordinance 6350, sec. 4, adopted 9/1/09; Ordinance 6485, sec. 3, adopted 9/6/11; Ordinance 6641, sec. 3, adopted 9/3/13; Ordinance 6709, sec. 1, adopted 7/1/14; Ordinance 6820, sec. 2, adopted 1/5/16; Ordinance 6857, secs. 1–3, adopted 9/6/16; Ordinance 6952, sec. 18, adopted 1/16/18; Ordinance 7017, secs. 5–6, adopted 9/18/18)