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06/13/2002 - Bylaws - Construction Board of AdjustmentsORDINANCE NO. 2562 �r AN ORDINANCE AMENDING CHAPTER 3, `BUILDING REGULATIONS ", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 3, "Building Regulations ", of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A ", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said I�Nr Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 13` day of June, 2002. APPROVED: RON IA, Mayor ATTEST: P ie ooks, City Secretary APPROVED: s � N City Attorney P /group /agen -cal /for legal review 16 -13 -02 1Chap 3 Amending Ord.doc OR ORDINANCE NO.2562 Page 2 EXHIBIT "A" That Chapter 3, "Building Regulations ", Section 1, "Standard Administrative Code ", of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by changing subsection (A)(2) "Construction Board of Adjustments and Appeals" as set out hereafter to read as follows: 66 2. Membership and Term of Appointment (a) Membership The Construction Board of Adjustments and Appeals shall consist of five (5) members appointed by City Council. The Board shall be composed of individuals with knowledge and experience in the Technical Codes, such as design professionals, contractors or building industry representatives. In addition to the regular members, the City Council may appoint up to four (4) alternate members. A Board member shall not act in a case in which he has any conflict of interest. (b) Terms Two (2) members of the Board and the Chairman shall initially be appointed to serve a two -year term. The remaining two members of the Board shall initially be appointed to serve a one -year term. Subsequent appointments to the Board shall be for two -year terms, in order to stagger the terms of office of the Board Members so that only a portion of the Board is appointed or replaced in any 12 -month period. Alternates shall serve for the same period as regular members. The alternates shall serve in the absence of one or more of the regular members. Vacancies shall be filled for an unexpired term. Continued absence of any member from required meetings of the Board shall, at the discretion of the governing body of the City, render any such member subject to immediate removal from office. (c) Quorum and Voting All cases heard by the Board shall be heard by at least four (4) members. The concurring vote of four (4) members of the Board is necessary to take any action. In the event that regular members are unable to attend a meeting, the alternate members shall vote. (d) Secretary of Board The Building Official shall appoint a Secretary to record minutes of the meetings of the Board and to make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote." culu :Wrdinance 20021 ordinance no. 2562 doc.doc 6111101 ORDINANCE NO. 1128 STRUCTURAL STANDARDS CODE AN ORDINANCE ESTABLISHING MINIMUM STANDARDS GOVERNING THE USE, OCCUPANCY AND MAINTENANCE OF BUILDINGS, DWELLINGS, DWELLING UNITS AND STRUCTURES; ESTABLISHING l�r MINIMUM STANDARDS GOVERNING SUPPLIED UTILITIES AND FACILITIES, AND OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL TO MAKE BUILDINGS SAFE, SANITARY AND FIT FOR HUMAN HABITATION; ESTABLISHING MINIMUM STANDARDS GOVERNING THE CONDITION AND MAINTENANCE OF BUIDINGS, DWELLINGS AND STRUCTURES; CREATING A STRUCTURAL STANDARDS BOARD AND FIXING THE DUTIES AND RESPONSIBILITIES THEREOF; FIXING CERTAIN RESPONSIBILITIES AND DUTIES OF OWNERS AND OCCUPANTS OF BUILDINGS; AUTHORIZING THE INSPECTION OF BUILDINGS, DWELLINGS AND STRUCTURES AND PROVIDING FOR THE CONDEMNATION AND REMOVAL OF ALL BUILDINGS AND STRUCTURES DEEMED UNFIT FOR HUMAN HABITATION OR USE; AND FIXING PENALTIES FOR VIOLATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: WHEREAS, within the area of jurisdiction of the City of College Station, Brazos County, Texas, there are or may be buildings, dwellings, dwelling units and structures which are unfit for human habitation or use due to inadequate maintenance, obsolescence or abandonment; containing defects which increase the hazards of fire, accident, or other calamities, and which by reason of the lack of maintenance, inadequate ventilation, light and sanitary facilities or other conditions render such buildings, dwellings or structures unsafe, unsanitary and dangerous or detrimental to the health, safety, morals and general welfare of the community; and WHEREAS, experience and accepted national housing surveys have clearly demonstrated that such conditions result in a large measure from improper maintenance, unavailable or insufficient financing, inadequate sanitary facilities, overcrowded conditions conditions in residential occupancies, buildings and premises and from general neighborhood neglect; and WHEREAS, it has become common knowledge that these conditions can be relieved, in a measure prevented, and often eliminated through planned and properly enforced minimum structural standards, resulting thereby in the upgrading of living conditions, improving the quality of life, and an overall enhancement of the general health, safety and welfare of all residents and property owners of the community; NOW, THEREFORE, BE IT ENACTED, THAT: The provisions herein shall be controlling in the use, maintenance and occupancy of all dwellings (permanent, movable, and mobile), dwelling uints and /or structures within the area of jurisdiction of the City of College Station, Texas. 100.1 TITLE AND SCOPE: The provisions embraced in the following sections shall constitute and be known as THE STRUCTURAL STANDARDS CODE of the City of College Station, Brazos County, Texas. The code establishes minimum standards for occupancy, and does not replace or modify standards otherwise established for construction, replacement or repair of buildings except as are contrary to the provisions of this code. *N/ Every building, structure or dwelling, permanent, movable or mobile shall conform to the requirements of this code regardless of the primary use of such building, structure or dwelling, and regardless of when such building, structure or dwelling may have been constructed, altered or repaired. 02-985 ORDINANCE NO. 1128 Page 2 This Code is hereby declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof (which are public safety, health, and general welfare) through structural strength, stability, sanitation, adequate i light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings, dwellings and structures (permanent, movable and mobile). The Code does not alter the provisions for the immediate security or demolition of hazardous structures in cases where there exists imminent danger to human life or health. 100.2 EXIST BUILDINGS: The provisions of this Code shall apply to any building, dwelling or structure regardless of when said building, dwelling or structure was constructed, altered or repaired. 100.3 MAINTENANCE: All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this Code in a building when erected, altered, or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings, structures and premises to the extent set out in this Code. The tenant shall be responsible for the maintenance of buildings, structures and premises to the extent set out in this Code. 100.4 MOVING DWELLINGS AND STRUCTURES: The owner of any dwelling or structure, or his designated agent, shall secure a permit from the Building Official at the City Hall of the City of College Station, Texas, before moving a dwelling or structure into, within, or out of the City Limits and be responsible to the extent of this Code. 100.5 PENDING ACTIONS: Nothing in this ordinance or in the Code hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance. MINIMUM STANDARDS FOR BASE EQUIPMENT AND FACILITIES SECTION 101 - GENERAL No person shall occupy as owner- occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following require- ments: 101.1 SANITARY FACILITIES REQUIRED: `rr Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, and a water closet all in good working condition and properly connected to an approved water and sewer system. Every plumbing fixture and watex��daC ORDINANCE NO. 1128 Page 3 waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks and obstructions. 101.2 LOCATION OF SANITARY FACILITIES: All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet, and tub or shower, shall be located in a room affording privacy to the user and such room shall have a minimum floor space of thirty (30) square feet. 101.3 HOT AND COLD WATER SUPPLY: Every dwelling unit shall have connected to the kitchen sink, lavatory and tub or shower an adequate supply of both cold water and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply. 101.4 WATER HEATING FACILITIES: Every dwelling shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 ° F. Such water heating facilities shall be capable of meeting the requirements of this sub - section when the dwelling or dwelling unit heating facilities required under the provisions of this ordinance are not in operation. 101.5 HEATING FACILITIES: (a) Every dwelling unit shall have heating facilities which are properly installed, are maintained in safe and good working conditions, and are capable of safely and adequately heating all habitable rooms and bathrooms in every dwelling unit located therein to a temperature of at least 70 ° F at a distance three (3) feet above floor level, under ordinary minimum winter conditions. (b) Where a gas or electric central heating system is not provided, each dwelling unit shall be provided with sufficient fireplaces, chimneys, flues, or gas vents whereby heating appliances may be connected so as to furnish a minimum temperature of 70 ° F measured at a point three (3) feet above the floor during ordinary minimum winter conditions. 101.6 COOKING AND HEATING EQUIPMENT: All cooking and heating equipment and facilities shall be installed in accordance with the building, gas or electrical code and shall be maintained in a safe and good working condition. 101.7 GARBAGE DISPOSAL FACILITIES: Every dwelling unit shall have access to adequate garbage disposal facilities or garbage storage containers, type and location of which facilities or containers comply with the regulations for solid waste disposal. SECTION 102 - MINIMUM REQUIREMENTS FOR LIGHT AND VENTILATION No person shall occupy as owner- occupant or sublet to another for occupancy, any dwelling or dwelling unit designed or intended to be used for the purpose of living, 0298'7 ORDINANCE NO. 1128 Page 4 sleeping, cooking or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements; :1 102.1 (a) Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be seven (7) percent of the floor area of any such room, except sleeping rooms where the minimum total window area shall be the lesser of seven (7) percent of the floor area or twelve (12) square feet. If light obstructing structures are located less than five (5) feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contribu- ting to the required minimum total window area. Whenever the only window in a room is a skylight type window in the top of such room, the total window area of such skylight shall equal at least fifteen (15) percent of the total floor area of such room. (b) Year around mechanically ventilating conditioned air systems may be substituted for windows, as required herein, in rooms other than rooms used for sleeping purposes. 102.2 HABITABLE ROOMS: Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall equal to at least forty -five (45) percent of the minimum window area size or minimum skylight -type window size, as required, or shall have other approved, equivalent ventilation. ��w 102.3 BATHROOM: Every bathroom shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with an approved ventilation system. 102.4 ELECTRIC LIGHTS AND OUTLETS REQUIRED: Every dwelling shall be wired for electric lights and convenience receptacles. Every habitable room of such dwelling shall contain at least two (2) separate floor or wall -type electric convenience outlets; and every kitchen, bathroom, laundry room, furnace room, corridors or hallways, and proches shall contain at least one supplied ceiling or wall -type electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working conditions, and shall be connected to the source of electric power in a safe manner. 102.5 LIGHT IN PUBLIC HALLS AND STAIRWAYS: Every public hall and stairway in every multiple dwelling containing five (5) or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full -time lighting. All public outdoor walkways or sidewalks within multiple dwelling complexes shall be adequately lighted at all times. Adequate lighting shall be defined as an average horizontal foot candle level of 0.2 lumens per square foot with no value of less than 0.02 lumens per square foot. V069Q8 ORDINANCE NO. 1128 Page 5 SECTION 103 - MINIMUM REQUIREMENTS FOR ELECTRICAL SYSTEMS No person shall occupy as owner - occupant or let or sublet to another for occupancy any building, dwelling or structure, nor shall any vacant building, dwelling or structure be permitted to exist which does not comply with the following requirements: 103.1 GENERA All fixtures, receptacles, equipment and wiring shall be maintained in a state of good repair, safe, capable of being used and installed and connected to the source of electric power in accordance with the adopted Electrical Code of the City of College Station, Texas. (a) Where the determination is made, upon examination of the existing electrical service supply, that such electrical service supply is obsolete or is being used in such manner as would constitute a hazard to the occupants or would otherwise constitute a hazard to life and property, the following shall be used for determining the adequacy of such service supply and main disconnect switch: Total Number of Lighting Electrical Outlets Only Capacity of Main Service Supply and Main Disconnect Switch 0 -24 60 amp service 25 -50 100 amp service 1 � w (b) The minimum capacity of the service supply and the main disconnect switch shall be sufficient to adequately carry the total load required in accordance with the electrical code of the City of College Station, Texas. SECTION 104 - GENERAL REQUIREMENTS FOR THE EXTERIOR AND INTERIOR OF STRUCTURES No person shall occupy as owner- occupant or let or sublet to another for occupancy any building, dwelling or structure, nor shall any vacant building, dwelling or structure be permitted to exist which does not comply with the following require- ments: 104.1 FOUNDATION: The building foundation walls, piers, or other structural elements shall be maintained in a safe manner and capable of supporting the load which normal use may cause to be placed thereon. 104.2 EXTERIOR WALLS: The exterior walls shall be substantially weathertight, watertight and shall be made impervious to the adverse effects of weather and be maintained in sound condition and good repair. 104.3 ROOFS: Roofs shall be maintained in a safe manner and have no defects which might admit rain or cuase dampness in the walls or interior portion of the building. 104.4 MEANS OF EGRESS: ®®pppp ��JVv ORDINANCE NO. 1128 Page 6 Every dwelling unit shall have safe, unobstructed means of egress with minimum ceiling height of seven feet (7') leading to a safe and open space at ground level. 104.5 STAIRS, PORCHES AND APPURTENANCE: Every inside and outside stair, porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair. 104.6 PROTECTIVE RAILINGS: Protective railings shall be required on any unenclosed structure over five (5) feet from the ground level or on any steps containing four (4) risers or more. 104.7 WINDOWS AND DOORS: Every window, exterior door and basement or cellar door and hatchway shall be substantially weathertight, watertight and rodent proof; and shall be kept in sound working condition and good repair. 104.8 WINDOWS TO BE GLAZED: Window panes or an approved substitute shall be maintained without cracks or holes. 104.9 WINDOW SASH: Window sash shall be properly fitted and weathertight within the window frame. 104.10 WINDOWS TO BE OPENABLE: Every window required for light and ventilation for habitable rooms in dwellings or dwelling units shall be capable fo being easily opened and secured in position by window hardware. 104.11 HARDWARE: Every exterior door shall be provided with proper hardware and maintained in good condition. 104.12 DOOR FRAMES: Every exterior door of a dwelling or dwelling unit shall fit reasonably well within its frame so as to substantially exclude rain and wind from entering the dwelling building. 104.13 SCREENS: Every door opening directly from a dwelling unit to outdoor space shall have screens and a self- closing device; and every window or other device with opening from a dwelling unit to outdoor space, used or intended to be used for ventila- tion, shall likewise have screens. Dwelling buildings containing central heating furnaces and air - conditioning equipment for mechanically ventilating the building year around are not required to have screens on door openings. 104.14 PROTECTIVE TREATMENT: All exterior wood surface, other than decay resistant woods, shall be protecte ORDINANCE NO. 1128 Page 7 from the elements and decay by painting or other protective covering or treatment. 104.15 ACCESSORY STRUCTURES: Garages, storage buildings and other accessory structures shall be maintained and kept in good repair and sound structural condition. 104.16 INTERIOR FLOOR. WALL. AND CEILINGS: Every floor, interior wall and ceiling shall be substantially rodent proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. 104.17 STRUCTURAL SUPPORTS: Every structural element of the building, dwelling or structure shall be maintained structurally sound and show no evidence of deterioration which would render them incapable of carrying the loads which normal use may cause to be placed thereon. 104.18 PROTECTIVE RAILINGS FOR INTERIOR STAIRS: Interior stairs and stairwells more than four (4) risers shall have handrails located in accordance with the requirements of the building code. Handrails or protective railings shall be capable of bearing normally imposed loads and be maintained in good condition. 104.19 NOTIFICATION OF ELOOD HAZARDS: If a dwelling unit is damaged by flooding, it shall be the responsibility of the owner or his agent to provide prospective tenants or purchasers with a written record describing all flood damage within the past ten (10) years. SECTION 105 - MINIMUM DWELLING SPACE REQUIREMENTS No person shall occupy as owner- occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements: 105.1 REQUIRED SPACE IN DWELLING UNIT: Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space per additional occupant. 105.2 REQUIRED SPACE IN SLEEPING ROOMS: In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes for more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof. 105.3 MINIMUM CEILING HEIGHT: At least one -half corridor shall ha area of that part (7') shall not be floor area of the of the floor area of every habitable ve a ceiling height of at least seven of any room where the ceiling height considered as part of the floor area room for the purpose of determining room, foyer, hall or feet (7'); and the floor is less than seven feet in computing the total the maximum permissible ���J� ORDINANCE NO. 1128 occupancy thereof. 105.4 OCCUPANCY OF DWELLING UNIT BELOW GRADE: Page 8 `�✓ No basement or cellar space shall be used as a habitable room or dwelling unit unless; (a) The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness; (b) The total of window area in each room is equal to at least the minimum window area size as required in Section 102.1 of this Code; (c) Such required minimum window area is located entirely above the grade of the ground adjoining such window area; and (d) The total of openable window area in each room is equal to at least the minimum as required under Section 102.2 of this Code, except where there is supplied some other device affording adequate ventilation. SECTION 106 - SANITATION REQUIREMENTS No person shall occupy as owner- occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements: � 106.1 SANITATION: t Every owner of a dwelling containing three or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. 106.2 CLEANLINESS: Every occupant of a dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls or which is provided for his particular use. 106.3 GARBAGE DISPOSAL: Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents and all rubbish in a clean and sanitary manner by complying with the applicable city ordinance. 106.4 CARE OF PREMISES: (a) It shall be unlawful for the owner or occupant of a residential building, structure or property to utilize the premises of such residential property for the open storage of any abandoned motor vehicle, ice box, refrigerator, stove, glass, building material, building rubbish or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such residential property clean and to remove from the premises all such abandoned items as listed above, including but not limited to weeds, dead trees, trash, garbage, etc., upon notice from the Building Official. Owners and occupants shall maintain lawn areas in a manner consistent with adjacent properties. Z'_J9 2 ORDINANCE NO. 1128 Page 9 (b) For the purpose of this section, an abandoned motor vehicle is defined as one that is in a state of disrepair and incapable of being moved under its own power. 106.5 EXTERMINATION: Every occupant of a single dwelling building and every owner of a building containing two or more dwelling units shall be responsible for the extermination of any insects, rodents, or other pests within the building or premises. 106.6 USE AND OPERATION OF SUPPLIED PLUMBING FIXTURES: Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. SECTION 107 - ROOMING HOUSES No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this Code except the provisions of Section 101 and Section 106. 107.1 WATER CLOSET, LAVATORY AND BATH FACILITIES: (a) At least one flush water closet, lavatory basin, and bathtub or shower, properly connected to a water and sewer system and in good working condition, shall be supplied for each four (4) rooms within a rooming house whereever said facilities are shared. { `rr (b) All such facilities shall be located on the floor they serve within the dwelling so as to be reasonably accessible from a common hall or passageway to all persons sharing such facilities. 107.2 WATER HEATER REQUIRED: Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. 107.3 MINIMUM FLOOR AREA FOR SLEEPING PURPOSES: Every room occupied for sleeping purposes by one person shall contain at least seventy (70) square feet of floor space and every room occupied for sleeping purposes by more than one person shall contain at least fifty (50) square feet of floor space for each occupant thereof. 107.4 EXIT REQUIREMENT: Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of the governed area or of the state. 107.5 SANITARY CONDITIONS: The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for maintenance of a sanitary condition in every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises owned, leased or occupied by the operator. ()2993 ORDINANCE NO. 1128 SECTION 108 - UNSAFE STRUCTURES Page 10 All structures, dwellings, apartment houses, rooming houses, buildings or out- buildings which are unsafe, unsanitary, unfit for human habitation; or which �r constitutes a fire hazard, or otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescense, abandonment, or lack of adequate egress, are generally in contemplation of this section, unsafe buildings. All such unsafe buildings are hereby declared illegal and a public nuisance and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of this ordinance and the laws of the State of Texas. SECTION 200 - ORGANIZAT 201.1 ENFORCEMENT OFFICER: There is hereby established by the City Council of the City of College Station, Texas, provisions for the enforcement of the Code by the Building Official. 201.2 RESTRICTIONS ON EMPLOYEES: No officer or employee connected with the department, except one whose only connection is a member of the Structural Standards Board, shall be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building within the City, or in the making of plans or of specifications therefor, unless he is the owner of such building. No such officer or employee shall engage in any work which is inconsistent with his duties or with the interests of the department. 201.3 RECORDS: The Building Official shall keep, or cause to be kept, a record of the business of the department. The records of the department shall be open to public inspection. 201.4 RIGHT OF ENTRY: The Building Official shall enforce the provisions of this Code, and he, or his duly authorized representative upon presentation of proper identification to the owner, agent or tennant in charge of such property, may enter any building, structure, dwelling, apartment, apartment house or premises between 8:00 a.m. and 5:00 p.m. or other times specified by the owner between 7:00 a.m. and 10:00 p.m.; in the event that the property is or reasonably appears to be unoccupied the Building Official or his authorized representative may enter any such structure at any reasonable time. 201.5 DUTIES: The duties of the Building Official shall be: (1) To inspect structures, buildings and dwellings which he may have reason to believe are unsafe buildings within the meaning of the Code. (2) To forward to the Structural Standards Board the results of his investigations, notifying the owners, tennants and such other persons as the Board may direct of the time and place of the hearing. (3) To make such investigations as the Board may direct pursuant to this Code. X7934 ORDINANCE NO. 1128 Page 11 (4) To issue such notices and orders as may be necessary to accomplish the directives of the Board in abatement of nuisances. (5) To submit to the City Council ordinances levying assessments in cases ' fir' where abatement by City forces is required. 201.6 REPORTS: The Building Official shall annually submit a report to the City Manager covering the work of the department during the preceding year. He shall incorporate in said report a summary of the decisions of the Structural Standards Board during said year. 202.1 STRUCTURAL STANDARDS BOARD: There is hereby created by the City Council of the City of College Station, a board to be known as the Structural Standards Board, which shall consist of not less than three members appointed by the City Council. The members shall be residents of the City. Members of the Board shall be appointed for three year terms, except that on initial appointment, one shall be appointed for one year, one for two years, and one for three years. Any one or more members of said Board shall be subject to removal or replacement by the City Council for cause, and a vacancy on said Board shall be filled by the City Council for the unexpired term of such vacancy. The members of the Board shall serve without compensation. 202.2 RU LES OF PROCEDURE: As soon as practical after their appointment, the members of the Structural �✓ Standards Board shall meet and organize, electing a chairman and adopting such rules of procedure as they deem necessary. Thereafter, officers of the Board shall be elected at the first meeting after appointment of a new member or members, and rules of procedure may be amended by the Board at any time. 202.3 MEETINGS: The Board shall hold regular meetings each month at the call of the chairman. Special meetings may be called by the chairman at any time, and the chairman may cancel a regular meeting for which no business is presented.' The chairman may decline to admit to the agenda any case involving premises or parties previously considered by the Board when no substantial change of condition is shown. 202.4 RECORDS: The Board shall keep, or cause to be kept, minutes of their proceedings and such records shall be open to public inspection. Decisions and directives of the Board shall be noted in the minutes and shall indicate the vote on the decision or directive. 202.5 DUTIES: The duties of the Structural Standards Board shall be: (a) To consider and determine whether or not a particular building, t%W dwelling or structure is an unsafe building within the meaning of this ordinance and a public nuisance. (b) To determine the means by which any unsafe building and public U2395 ORDINANCE NO. 1128 Page 12 nuisance shall be abated, whether by vacating, repair or demolition and to determine the time by which such actions shall be accomplished. (c) To hear and consider appeals for modification or reversal of orders, notices and actions of the Building Official in execution of his duties pursuant to this ordinance and directives of the Board, and to this end the Board shall have the powers of the Building Official. SECTION 300 - PROCEDURE 300.1 COMPLAINTS: When the Building Official shall find or if any person files with him a complaint in writing alleging that a building, dwelling or structure is an unsafe building within the meaning of this Code, he shall investigate and document the conditions on the site. 300.2 INVESTIGATION: If the said investigation shows that there is reasonable cause to believe that the building is unsafe, the Building Official shall forward the results of the investigation to the Structural Standards Board and give notice of the hearing to the owners and occupants of the premises and to such other persons as the Board may direct. If the investigation reveals that there is no cause for action, the Building Official shall so inform the plaintiff by regular mail, and such decision may be appealed to the Board by the plaintiff. 300.3 FORM OF NOTICE OF HEARING: `'' The notice of hearing shall: (a) Be in writing. (b) State the time and place of the hearing. (c) Include a description of the real estate sufficient for identification. (d) Summarize the questions to be determined by the Board. 300.4 SERVICE OF NOTICE: Service of notice of the hearing shall be accomplished by a minimum of two of the following: (a) By delivery to the owner and to the occupant personally, or by leaving the notice at the usual place of abode of the owner with a person of suitable age and discretion; or (b) By depositing the notice in the United States Post Office addressed to the owner and to the occupant at his last known address with postage prepaid thereon; or (c) By posting and keeping posted for thirty (30) days a copy of the notice in placard form in a conspicuous place on the premises to be vacated. (d) By publishing the notice in a newspaper of general circulation in Brazos County, Texas. This subsection may be used whenever the name of the owner of the property is unknown to the Building Official or such owner is a transient person, and after due diligence the Building Official is unable to determine the name of the owner or his whereabouts. ORDINANCE NO. 1128 300.5 HEARING: Page 13 The Board shall hold a public hearing at the time and place specified in the notice of hearing, study the eveidence presented and hear testimony of those persons who appear to have interest in the question and shall determine in each case the following: (a) Whether or not the conditions shown are singly or in combination, such that the building, structure or dwelling is an unsafe building and a public nuisance within the meaning of the Code. (b) Whether continued occupancy is to be allowed or the building, structure or dwelling is to be vacated, and the time by which the building, structure or dwelling is to be vacated. (c) Whether the nuisance is to be abated by repair or demolition, the extent of repairs and time allowed for completion of repairs if required; or the time by which demolition is to be accomplished. 300.6 NOTICE OF CONDEM NATION: In the event that the Board finds that a nuisance exists, the Building Official shall, on the first working day following the hearing, post notice of the decision of the Board on the premises and keep the same posted until the nuisance is abated. It shall be unlawful for any person to remove, deface or cover such notice until the Building Official determines that its requirements have been fulfilled. nuisance shall obtain the necessary permits, and execute the work necessary to comply with the requirements of the Board, completing the same within the time specified by the Board. Where vacancy is required, the occupants shall vacate the premises on or before the date set for vacancy, and thereafter it shall be unlawful for any person to enter the premises for any purpose other than the abatement of the nuisance. 300.8 REMOVAL BY CITY FORCES: After the expiration of the time fixed by the Board for removal or repair of the structure, if the necessary action has not been taken the Building Offiical may direct that the structure be removed at the expense of the City and the expenses for removal be assessed on the land on which the structure stood or to which it was attached. The assessment shall be levied by ordinance passed by the City Council and published once in a newspaper of general circulation in Brazos County, Texas. The assessment may be collected by any lawful means not inconsistent with Article 1175, Section 35, Vernon's Annotated Civil Statutes. SECTION 400 - DEFINITIONS 400.1 For the purpose of this Code, certain abbreviations, terms, phrases, words, and their derivatives, shall be construed as set forth in this Section. 400.2 Words used in the present tense include the future. Words in the masculine gender include the feminine and neuter. Words in the feminine and neuter gender include V0*4>3VI 300.7 OBLIGATIONS OF THE OWNERS AND OCCUPANTS: j�4w The owner of a building, dwelling or structure declared unsafe and a public nuisance shall obtain the necessary permits, and execute the work necessary to comply with the requirements of the Board, completing the same within the time specified by the Board. Where vacancy is required, the occupants shall vacate the premises on or before the date set for vacancy, and thereafter it shall be unlawful for any person to enter the premises for any purpose other than the abatement of the nuisance. 300.8 REMOVAL BY CITY FORCES: After the expiration of the time fixed by the Board for removal or repair of the structure, if the necessary action has not been taken the Building Offiical may direct that the structure be removed at the expense of the City and the expenses for removal be assessed on the land on which the structure stood or to which it was attached. The assessment shall be levied by ordinance passed by the City Council and published once in a newspaper of general circulation in Brazos County, Texas. The assessment may be collected by any lawful means not inconsistent with Article 1175, Section 35, Vernon's Annotated Civil Statutes. SECTION 400 - DEFINITIONS 400.1 For the purpose of this Code, certain abbreviations, terms, phrases, words, and their derivatives, shall be construed as set forth in this Section. 400.2 Words used in the present tense include the future. Words in the masculine gender include the feminine and neuter. Words in the feminine and neuter gender include V0*4>3VI ORDINANCE NO. 1128 Page 14 the masculine. The singular number includes the plural and the plural number includes the singular. The following definitions shall apply in the interpretation and enforcement of this ordinance: ALTER OR ALTERATION means any change or modification in construction or occupancy. APPLICABLE GOVERNING BODY - City Council, College Station, Texas, to administer and enforce the provisions of this Code, as adopted or amended. APPROVED shall mean approved by the Building Official. BASEMENT shall mean a portion of a building located partly underground but having less than one -half or more of its clear floor -to- ceiling height below the average grade of the adjoining ground. BUILDING shall mean any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. The term "building" shall be construed as if followed by the words "or part thereof ". BUILDING OFFICIAL shall mean the officer, or other person, charged with the administration and enforcement of this ordinance or his duly authorized representative. CELLAR shall mean a portion of a building located partly or wholly under- ground, having one -half or more of its clear floor -to- ceiling height below the average grade of the adjoining ground. DWELLING shall mean any building which is wholly or partly used or intended to be used for living or sleeping by human occupants whether or not such building is occupied or vacant: provided that temporary housing as hereinafter defined shall not be regarded as a dwelling, nor shall trailers be included as a dwelling. DWELLING UNITS shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating whether or not such unit is occupied or vacant. EXTERMINATION shall mean the control and extermination of insects, rodents, or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping; or by any other recognized and legal pest elimination methods. FAMILY means one or more persons living together, whether related by blood, marriage or adoption, and having common housekeeping facilities. FLOOR AREA shall mean the total area of all habitable space in a building or structure. GARBAGE shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food. HABITABLE ROOM shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding 02398 ORDINANCE NO. 1128 Page 15 bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces. INFESTATION shall mean the presence within or around a dwelling, of any insects, rodents, or other pests. MULTIPLE DWELLING shall mean any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of more than two (2) families living independently of each other and doing their own cooking in the said building, and shall include flats and apartments. OPENABLE AREA shall mean that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR shall mean any person who has charge, care of control of a building, or part thereof, in which dwelling units or rooming units are let. OWNER shall mean the holder of the title in fee simple and any person, group of persons, company, association or corporation in whose name tax bills on the property are submitted. It shall also mean any person who, alone or jointly or severally with others: (a) Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or (b) Shall have charge, care or control of any dwelling or dwelling unit, as owner, executor, executrix, administrator, trustee, {� guardian of the estate of the owner, mortgagee or vendee in possessions, assignee of rents, lessee; or other person, firm, or corporation in control of a building; or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of this ordinance, and of rules and regulations adopted pur- suant thereto, to the same extent as if he were the owner. It is his responsibility to notify the actual owner of the reported infractions of these regulations pertaining to the property which apply to the owner. PERSON shall mean and include any individual, firm, corporation, associa- tion or partnership. PLUMBING shall mean the practice, materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system and the public or private water - supply systems, within or adjacent to any building, structure, or conveyance; also the practice and materials used in the installation, maintenance, extension, or alteration of storm - water, liquid- waste, or sewerage, and water - supply systems of any premises to their connection with any point of public disposed or other acceptable terminal. PREMISES shall mean a lot, plot or parcel of land including the buildings or structures thereon. In the case of multi - dwelling units, each dwelling unit as defined in this ordinance shall be considered a separate premise. PUBLIC AREAS as used in this Code, means an unoccupied open space adjoining a building and on the same property, that is permanently maintained accessible to the Fire Department and free of all incumbrances that might 02933 ORDINANCE NO. 1128 interfere with its use by the Fire Department. Page 16 REPAIR means the replacement of existing work with the same kind of ��Nw material used in the existing work, not including additional work that would change the structural safety of the buidling, or that would effect or change required exit facilities, a vital element of an elevator, plumbing, gas piping, wiring or heating installations, or that would be in violation of a provision of law or ordinance. The term "Repair" or "Repairs" shall not apply to any change of construction. REQUIRED means required by some provision of this Code. RESIDENTIAL OCCUPANCY - Buildings in which families or households live or in which sleeping accommodations are provided, and all dormitories, shall be classified as "Residential Occupancy ". Such buildings include, among others, the following: dwellings, multiple dwellings, and lodging houses. ROOMING HOUSE shall mean any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator. ROOMING UNIT shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. RUBBISH shall mean combustible and non - combustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass crockery, and dust. STAIRWAY means one or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one story to another in a building or structure. STORY means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. STRUCTURE means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term structure shall be construed as if followed by the words "or part thereof ". SUPPLIED shall mean paid for, furnished, or provided by or under control of, the owner or operator. TEMPORARY HOUSING shall mean any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than thirty (30) consecutive days. VENTILATION means the process of supplying and removing air by natural I or mechanical means to or from any space. YARD means an open unoccupied space on the same lot with a building %J6J0((��`0 ORDINANCE NO. 1128 Page 17 extending along the entire length of a street, or rear, or interior lot line. MEANING OF CERTAIN WORDS - Whenevery the words "dwelling ", "dwelling units", "rooming house ", "rooming units ", "premises ", are used in this ordinance, they shall be construed as though they were followed by the words "or any part thereof ". SECTION 500 - SEVERABILITY If any provision of this Code, or the application thereof to any person or circumstances, is held invalid, the remainder of the Code, and the application of such provision to other persons or circumstances, shall not be affected thereby. SECTION 600 - REPEAL All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 700 - PENALTY Any person, either by himself or agent, and any firm, corporation or other entity who violates any of the provisions of this Code shall be deemed guilty of a misdemeanor and, upon conviction of any such violation, shall be fined in any sum not to exceed Two Hundred Dollars ($200.00); and each day during which such violation continues shall constitute a separate and distinct offense. In any case of a violation of any of the terms or provisions of this ordinance by any corporation, the officers and agents actively in charge of the business of such corporation shall be subject to the penalty herein provided. Any offense defined herein which has been defined by laws of theState of Texas as an offense and for �1�kr which penalty has been prescribed shall be punished as provided in said State Law, and nothing herein shall be held as fixing any penalty contrary to a penalty provided by the laws of the State of Texas. SECT ION 800 - DATE OF EFFECT This ordinance shall become effective immediately upon its passage and publica- tion in a newspaper of general circulation in the City of College Station, Texas. PASSED, ADOPTED AND ORDERED PUBLISHED this the 14th day of September, 1978. APPROVED Mayor ATTEST V Il City Secretary 03U[%'JA& ORGANIZATION OF MUNICIPAL GOVERNMENT § 54.035 1 lu- „ a m, i;, breeding and living places for insects and rodents; or (5) relating to a building code or to the condition, use, or appearance of property in a municipality. Added by Acts 1989, 71st Leg., ch. 1113, § 1, eff. Aug. 28, 1889 Amended by Acts 1997, 75th Leg., ch. 582, § 1, eff. June '2. § 5033. Building and Standards Commission (a) The governing body of the municipality may provide for the appointment of a building and stan- dards commission to hear and determine cases con- cerning alleged violations of ordinances. (b) A commission appointed for the purpose of hearing cases under this subchapter shall consist of one or more five- member panels to be appointed for terms of two years. (c) The appointing authority may remove a commis- sion member for cause on a written charge. Before a decision regarding removal is made, the appointing authority must hold a public hearing on the matter if requested by the commission member subject to the removal action. (d) A vacancy shall be filled for the unexpired term. (e) The governing body, by charter or ordinance, may provide for the appointment of eight or more alternate members of the commission who shall serve in the absence of one or more regular members when requested to do so by the mayor or city manager. The alternate members serve for the same period and are subject to removal in the same manner as the regular members. A vacancy is filled in the same manner as a vacancy among the regular members. Added by Acts 1989, 71st Leg., ch. 1113, § 1, eff. Aug. 28, 1989. Amended by Acts 1993, 73rd Leg., ch. 836, § 1, eff. Sept. 1, 1993. Section 12 of the 1993 amendatory act provides: "The changes in law made by this Act apply only to proceedings or actions instituted on or after the effective date of this Act. Proceed- ings or actions instituted before the effective date of this Act are covered by the law in effect when the proceeding or action was Instituted, and the former law is continued in effect for that purpose." or :te- ,le res, its; ricr inns 154-034. Proceedings of Commission Panels (a) All cases to be heard by the commission may be heard by any panel of the commission, but at least four members of a panel must hear a case. (b) A majority of the entire commission shall adopt tales for the entire commission in accordance with any ordinances adopted pursuant to this subchapter. The rules shall establish procedures for use in hearings, providing ample opportunity for presentation of evi- dence and testimony by respondents or persons op- posing charges brought by the municipality or its building officials relating to alleged violations of ordi- nances. (c) The governing body of the municipality by ordi- nance shall designate the appropriate official of the municipality who shall present all cases before the commission panels. (d) Meetings of the commission panels shall be held at the call of the chairman of each panel and at other times as determined by the commission. All meetings of the commission and its panels shall be open to the public. Each chairman of a panel, or in the chair- man's absence each acting chairman, may administer oaths and compel the attendance of witnesses. (e) Each commission panel shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. Each commission panel shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the office of the commission as public records. Added by Acts 1989, 71st Leg., ch. 1113, § 1, eff. Aug. 28, 1989. Amended by Acts 1993, 73rd Leg., ch. 836, § 2, eff. Sept. 1, 1993. For applicability provisions of the 1993 amendatory act, see notes under § 54.033. § 54.035. Notice (a) Notice of all proceedings before the commission panels must be given: (1) by certified mail, return receipt requested, to the record owners of the affected property, and each holder of a recorded lien against the affected property, as shown by the records in the office bf the county clerk of the county in which the affected property is located if the address of the lienholder can be ascertained from the deed of trust establish- ing the lien and/or other applicable instruments on file in the office of the county clerk; and (2) to all unknown owners, by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practicable. (b) The notice shall be mailed and posted on or before the 10th day before the date of the hearing before the commission panel and must state the date, time, and place of the hearing. In addition, the notice must be published in a newspaper of general circula- tion in the municipality on one occasion on or before the 10th day before the date fixed for the hearing. (c) The commission may file notice of a proceeding before a commission panel in the Official Public Rec- 93 ORDINANCE NO. 1919 AN ORDINANCE AMENDING CHAPTER 3 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, BUILDING REGULATIONS, BY REPLACING THE CURRENT SECTION 1; BY DELETING THE CURRENT SECTIONS 2, 3, AND 7; AND BY RENUMBERING SECTIONS 4, 5, 6, AND 8 AS SECTIONS 2, 3, 4 AND 5. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: I. That Chapter 3, Building Regulations, Section 1, of the Code of Ordinances of the City of College Station is hereby amended to read as follows: "CHAPTER 3 BUILDING REGULATIONS SECTION 1: STANDARD ADMINISTRATIVE CODE A- TITLE AND SCOPE Title The provisions of the following chapters shall constitute and be brown and cited as "The Standard Administrative Code" (hereinafter referred to as "this Code "). 2. Purpose The purpose of this Code is to provide for the administration and enforcement of the Standard Building, Gas, Mechanical, Plumbing and Fire Codes, and the National Electrical Code (hereinafter referred to as the "Technical Codes "), as adopted by this City. "City" in this Code shall mean the City of College Station. "State' in this Code shall mean the State of Texas. 'Building OhScial' shall include each of the separate officials designated by each of the Technical Codes. 3. Code Remedial (a) General This Code is hereby declared to be remedial, and shall be con- strued to secure the beneficial interests and purposes of the Technical Codes, which are public safety, health, and general welfare, and the specific beneficial interests and purposes to which each of the Technical Codes applies, as stated in 101.3.1 below. (b) Quality Control Quality control of materials and workmanship is not within the purview of the Technical Codes except as it relates to the purposes stated herein. (c) Permitting and Inspection The inspection or permitting of any building, system or plan by the City, under the requirements of the Technical Codes or this Code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. Neither the City nor any employee thereof shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. Ordinance No. 1919 Page 2 4. Scop (a) Applicability (1) Building The provisions of the 1991 Standard Building Code shall apply to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition, of every building or structure or any appurtenances connected or attached to such buildings or structures; except as altered by Appendix 1 attached and incorporated hereto. (2) Electrical The provisions of the 1990 National Electrical Code shall apply to the installation of electrical systems, including alter- ations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto; except as altered by Appendix 2 attached and incorporated herein. (3) Gas. The provisions of the 1991 Standard Gas Code shall apply to the installation of consumer's gas piping systems extending from the point of delivery to the inlet connections of appliances, and the installation and operation of residential and commercial gas appli- ances and related accessories; except as altered by Appendix 3 attached and incorporated herein. (4) Mechanical The provisions of the 1991 Standard Mechanical Code shall apply to the installation of mechanical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heatirig, cool- ing, air conditioning and refrigeration systems, incinerators, and other energy - related systems; except as altered by Appendix 4 attached and incorporated herein. (5) Plumbing The provisions of the 1991 Standard Plumbing Code shall apply to every plumbing installation, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances, when connected to a water or sewerage system; except as altered by Appendix 5 attached and incorporated herein. (6) Fire Protection The provisions of the 1991 Standard Fire Code shall apply to the repair, equipment, use and occupancy, and maintenance of every existing building or structure or any existing appurtenances connected or attached to such buildings or struc- tures; except as altered by Chapter 6 of the Code of Ordinances. (7) Structural Standards The provisions of the Structural Standards Code shall be as set out in Appendix 6 attached and incorporated herein. (8) Enercrv The provisions of the 1988 College Station Residential Energy Compliance Code shall apply to the design of new residen- tial buildings and additions to existing buildings that provide shelter for residential occupancies, as set out in Appendix 7 attached and incorporated herein. (b) Federal and State Authority Neither the provisions of this Code nor the Technical Codes shall be held to deprive any Federal or State agency, this City, or any applicable governing authority having jurisdiction, of any power or authority that it had on the effective date of the adoption of this Code or Ordinance No. 1919 Page 3 the Technical Codes or of any remedy then existing for the enforcement of its orders, nor shall it deprive any individual or corporation of its legal rights as provided by law. (c) Referenced Standards Standards referenced in the Technical Codes shall be considered an integral part of the codes without separate adoption. If specific portions of a standard are denoted by code text, only those por- tions of the standard shall be enforced. Where code provisions conflict with a standard, the code provisions shall be enforced. Permissive and advisory provisions in a standard shall not be construed as mandatory. No provisions with respect to the nature of city employment relationships shall apply. (d) Maintenance All buildings, structures, electrical, gas, mechanical, plumb- ing and fire protection systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safe- guards that are required by the technical codes when constructed, altered, or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings, structures, electrical, gas, mechanical, plumbing and fire protection systems. S. Building Department There is hereby established a department to be called the Building Department and the person in charge shall be known as the Building Official. ... (a) Restrictions On Employees An officer or employee connected with the Building Department shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or mainte- nance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he is the owner of such. This officer or employee shall not engage in any other work that is inconsistent with his duties or conflict with the interests of the Building Department. (b) Records The Building Official shall keep, or cause to be kept, a record of the business of the Building Department, which shall be open to public inspection as required by State law. (c) Reports The Building Official shall submit annually a report covering the work of the building department during the preceding year. He may incor- porate in said report a summary of the decisions of the Board of Adjust- ments and Appeals during said year. 6. Code Enforcement Manager (a) General There is hereby established a Code Enforcement Manager of the City of College Station. The Code Enforcement Manager is hereby autho- rized and directed to enforce the provisions of zoning, technical, and related codes. (b) Right of Entry The Code Enforcement Manager is hereby designated as the person authorized to seek a warrant for the entry of any premises in College Station for the purpose of allowing the inspection to determine the presence of a fire or health or unsafe building condition or violation of any fire, health or building regulation, statute or ordinance. The request for a warrant shall be based upon the following probable cause criteria: Ordinance No, 1919 (1) the age and general condition of the premises; Page 4 (2) the previous violations or hazards found present in the premises; the type of premises; (3) the purposes for which the premises are used; and the presence of hazards or violations in and the general condition of premises near the premises sought to be inspected. 7. Existing Buildings (a) General Alterations, repairs or rehabilitation work may be made to any existing structure, building, electrical, gas, mechanical, plumbing or fire protection system without requiring the building, structure, plumbing, elec- trical, mechanical, gas, or fire protection system to comply with all the requirements of the Technical Codes provided that the alteration, repair or rehabilitation work conforms to the requirements of the Technical Codes for new construction. The Building Official shall determine the extent to which the existing system shall be made to conform to the requirements of the Technical Codes for new construction. (b) Chancre of Occupancy If the occupancy classification of any existing building or structure is changed, the building, electrical, gas, mechanical, plumbing and fire protection systems shall be made to conform to the intent of the Technical Codes as required by the Building Official. 8. Spec Historic Buildings The provisions of the Technical Codes relating to the construction, alteration, repair, enlargement, restoration, relocation, or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the State or City as Historic Buildings, when such buildings or structures are judged by the Building Official to be safe and in the public interest of health, safety and welfare regarding any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within fire districts. B. POWERS AND DUTIES OF THE BUILDING OFFICIAL General The Building Official is hereby authorized and directed to enforce the provisions of this Code and the Technical Codes. The Building Official is further authorized to render interpretations of this Code and the Technical Codes, which are consistent with their spirit and purpose. 2. Right Of Entry The Building Official may enter on to premises for the purpose of inspecting any building with the permission of the person in charge. In the event that the Building Official is denied access to premises he shall contact the Code Enforcement Manager, who may seek a search warrant. 3. Stop Work Orders Upon notice from the Building Official or Fire Marshal, work on any building, struc- ture, electrical, gas, mechanical, plumbing or fire protection system that is being done contrary to the provisions of this Code or the Technical Codes or in a dan- gerous or unsafe manner, shall immediately cease Such notice shall be in writing �Aw Ordinance No. 1919 Page 5 and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where the Building Official or Fire Marshal observes a health or safety violation he shall not be required to give a written notice prior to stopping the work. Revocation Of Permits (a) Misrepresentation of Application The Building Official may revoke a permit or approval, issued under the provisions of this Code or the Technical Codes, upon determination by the Building Official that the applicant made a false statement or misrepresentation as to a material fact in the applica- tion or plans on which the permit or approval was based. (b) Violation of Code Provisions The Building Official may revoke a permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation or replacement of the building, structure, electrical, gas, mechanical, plumbing or fire protection system for which the permit was issued is in violation of, or not in confor- mity with, the provisions of this Code or the Technical Codes. 5. Unsafe Buildings Or Systems All buildings, structures, electrical, gas, mechanical, plumbing. or fire protection systems that are unsafe, unsanitary, or do not provide adequate egress, or that constitute a fire hazard, or are otherwise dangerous to human life, or that in relation 40 to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. 6. Requirements Not Covered By Code Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical, plumbing or fire protection system, or for the public safety, health and general welfare, not specifically covered by this Code or the Technical Codes, shall be determined by the Building Official or Fire Official. 7. Alternate Materials And Methods The provisions of the Technical Codes are not intended to prevent the use of any material or method of construction not specifically prescribed by them, provided any such alternate has been reviewed by the Building Official. The Building Official shall approve any such alternate, provided the Building Official finds that the alter- nate, for the purpose intended, is at least the equivalent of that prescribed in the Technical Codes, in quality, strength, effectiveness, fire resistance, durability and safety. The Building Official shall require that sufficient evidence or proof be sub- mitted to substantiate any claim made regarding the alternate. ftbh*I iif169 General A person, firm or corporation shall not erect, construct, enlarge, install, alter, repair, move, improve, remove, convert or demolish any building, structure, electrical, gas, mechanical, plumbing or fire protection system in the City, or cause the same to be done, without first obtaining a permit for such from the Building Official. Ordinance No. 1919 Permit Anolication Page 6 (a) When Required Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, plumbing or fire protec- tion system, the installation of which is regulated by the Technical Codes, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit for the work. However, permits shall not be required for the following mechanical work: (1) any portable heating appliance; (2) any portable ventilation equipment; (3) any portable cooling unit; (4) any steam, hot or chilled water piping within any heating or cooling equipment regulated by this Code; (S) replacement of any part that does not alter its approval or make it unsafe; (6) any portable evaporative cooler; (7) any self - contained refrigeration system containing ten (10) pounds or less of refrigerant and actuated by motors of one horsepower or less. (b) Work Authorized A building, electrical, gas, mechanical or plumbing permit shall carry with it the right to construct or install the work, provided the same are shown on the drawings and set forth in the specifications filed with the application for the permit. Where these are not shown on the drawings and covered by the specifications submitted with the application, separate permits shall be required. (c) Minor Repairs Ordinary minor repairs may be made with the approval of the Building Official without a permit, provided that such repairs shall not violate any of the provisions of the Technical Codes. (d) Information Required Each application for a permit, with the required fee, shall be filed with the Building Official on a form furnished for that purpose, and shall contain a general description of the proposed work and its loca- tion. The application shall be signed by the owner, or his authorized agent. The building permit application shall indicate the proposed occupancy of all parts of the building and of that portion of the site or lot, if any, not covered by the building or structure, and shall contain such other informa- tion as may be required by the Building Official. (e) Time Limitations An application for a permit for any proposed work shall be deemed to have been abandoned six (6) months after the date of filing for the permit, unless before then a permit has been issued. One or more extensions of time for periods of not more than ninety (90) days each may be allowed by the Building Official for the application, provided the exten- sion is requested in writing and justifiable cause is demonstrated. Ordinance No. 1919 3. Drawings And Specifications Page 7 (a) Requirements When required by the Building Official, two or more copies of specifications, and of drawings drawn to scale with sufficient clarity and detail to indicate the nature and character of the work, shall accompany the application for a permit. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the Technical Codes. Such in- formation shall be specific, and the Technical Codes shall not be cited as a whole or in part, nor shall the term 'legal' or its equivalent be used, as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name, signature and seal of the person responsible for the design. (b) Additional Data The Building Official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the Building Official to be prepared by an architect or engineer shall be affixed with their official seal. (c) Design Professional The design professional shall be an architect or engineer legally registered under the laws of the State regulating the practice of architecture or engineering and shall affix his, official seal to said drawings, specifications and accompanying data, for the following: (1) All Group A, E and I occupancies (as defined in the Standard Building Code as adopted by City). (2) Building and structures three stories or more high. (3) Buildings and structures five thousand (5000) square feet or more in area. For all other buildings and structures, the submittal shall bear the certifica- tion of the applicant that some specific State law exception permits `its preparation by a person not so registered, with the exception of Group R -3 buildings (as defined in the Standard Building Code as adopted by City), which, regardless of size, shall require neither a registered architect or engineer, nor a certification that an architect or engineer is not required. (d) Structural And Fire Resistance Integrity Plans for all buildings shall indi- cate how required structural and fire resistive integrity will be maintained where a penetration of a required fire resistant wall, floor or partition will be made for electrical, gas, mechanical, plumbing and communication conduits, pipes and systems and also indicate in sufficient detail how the fire integrity will be maintained where required fire resistant floors intersect the exterior walls. (e) Site Drawings Drawings shall show the location of the proposed building or structure and of every existing building or structure on the site or lot. The Building Official may require a boundary line survey prepared by a qualified surveyor. Examination Of Documents (a) Plan Review The Building Official shall examine or cause to be examined NOW each application for a permit and the accompanying documents, consisting of drawings, specifications, computations and additional data, and shall Ordinance No. 1919 Page 8 ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of the Technical Codes and all other pertinent laws or ordinances. (b) Affidavits The Building Official may accept a sworn affidavit from a Regis- tered Architect or Engineer stating that the plans submitted conform to the Technical Codes. For buildings and structures, the affidavit shall state that the plans conform to the requirements regarding egress, type of construc- tion and general arrangement. If accompanied by drawings showing the structural design, the affidavit must also include a statement that the plans and design conform to the requirements of the Technical Codes as to strength, stresses, strains, loads and stability. The Building Official may, without any examination or inspection of the plans, accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the Building Official, copies of inspection reports as inspections are performed and upon completion of the structure. For electrical, gas, mechanical, plumbing or fire protection systems, the affidavit must include a certification that the structure, electrical, gas, mechanical, plumbing or fire protection system has been erected in accordance with the requirements of the Technical Codes. Where the Building Official relies upon such affidavit, the architect or engineer shall assume full responsibility for the compliance with all provisions of the Technical Codes and other pertinent laws or ordi- nances. 5. Issuing Permits (a) Action on Permits The Building Official shall act upon an application for a permit without unreasonable or unnecessary delay. If the Building' Official is satisfied that the work described in an application for a permit and the contract documents filed therewith conform to the requirements of the Technical Codes and other pertinent laws and ordinances, he shall issue a permit to the applicant. (b) Refusal To Issue Permit If the application for a permit and the accompa- nying contract documents describing the work do not conform to the requirements of the Technical Codes or other pertinent laws or ordinances, the Building Official shall not issue a permit, but shall return the contract documents to the applicant with his refusal to issue such permit. Such refusal shall, when requested, be in writing and shall contain the reason for refusal. (c) Special Foundation Permit When application for permit to erect or enlarge a building has been filed and pending issuance of such permit, the Building Official may, at his discretion, issue a special permit for the foundation only. The holder of such a special permit is proceeding at his own risk and with- out assurance that a permit for the remainder of the work will be granted nor that corrections will not be required in order to meet provisions of the Technical Codes. (d) Construction in the Public Right -Of -Way or Easements A permit shall not be given by the Building Official for the construction of any building, or for the alteration of any building the encroachment into any right -of -way or easements on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has made application at the office of the City Engineer for Council approval of the encroachment and it shall be the duty of the Building Official to see that the right -of -way or easements are not encroached. Ordinance No. 1919 6. Contractor's Responsibilities Page 9 (a) It shall be the duty of every contractor who shall make contracts for the installation or repairs of building, structure, electrical, gas, mechanical, plumbing or fire protection systems, for which a permit is required, to comply with State or local rules and regulations concerning licensing that the governing authority may have adopted. (b) Dedication of Easements Where required for the provision of electrical, water or sewer service, the contractor shall obtain for the City any required easements pursuant to the City of College Station Right -of -Way Manual. 7. Conditions Of The Permit (a) Permit Intent A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter, or set aside any of the provisions of the Technical Codes, nor shall issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans, construction, or violations of this Code. Every permit issued shall become invalid unless the work authorized by such permit is com- menced within six (6) months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six (6) months after the time the work is commenced. One or more extension of time, for a period not to exceed ninety (90) days each, may be allowed for the permit. The extension shall be requested in writing and must demonstrate justifi- able cause to the Building Official. All extensions which are granted shall be in writing and signed by the Building Official. (b) Permit Issued Based On An Affidavit/Hazardous Work Whenever, a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions that, in the opinion of the Building Official, are hazardous or complex, the Building Official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, the architect of engineer shall be responsible for conformity with the permit, provide copies of inspection reports as inspections are performed, and, upon completion, make and file with the Building Official a written affidavit that the work has been done in conformity with the reviewed plans and with the structural provisions of the Technical Codes. In the event such archi- tect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed and approved by the Building Official. (c) Plans When the Building Official issues a permit, he shall endorse, in writing or by stamp, both sets of plans as "Reviewed for Code Compliance ". One set of drawings so reviewed shall be retained by the Building Official and the other set shall be returned to the applicant. The permitted draw- ings shall be kept at the site of work and shall be open to inspection by the Building Official or his authorized representative. 8. Fees (a) Required Fees A permit shall not be issued until the fees required by Chapter 14 have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical, plumbing, mechanical, gas or fire protection systems, has been paid. Ordinance No. 1919 Page 10 (b) Work Commencing Before Permit Issuance If any person commences any work on a building, structure, electrical, plumbing, mechanical, gas or fire protection systems before obtaining the necessary permit, he shall be subject to a penalty of double the permit fees. (c) Accounting The Building Official shall keep a permanent and accurate accounting of all permit fees and other monies collected, the names of all persons upon whose account the same was paid, the name of the person who paid the amount, along with the date and amount thereof. (d) Schedule of Permit Fees On all buildings, structures, electrical, plumbing, mechanical, gas and fire protection systems or alterations requiring a permit, a fee for each permit shall be paid as required at the time the appli- cation is filed, in accordance with the schedule established by the City Council by resolution from time to time. (e) Building Permit Valuations If, in the opinion of the Building Official, the valuation of building, alteration, structure, electrical, gas, mechanical, plumbing or fire protection systems appears to be underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the Building Official. Permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing, fire protection and other systems, including materials and labor. 9. Inspections (a) Inspections of Existing Buildings Before issuing a permit the Building Official may examine or cause to be examined any building, electrical, gas, mechanical, plumbing or fire protection systems for which an application has been received for a permit to' enlarge, alter, repair, move, demolish, install, or change the occupancy. He shall inspect all buildings, structures, electrical, gas, mechanical, plumbing and fire protection systems, from time to time, during and upon completion of the work for which a permit was issued. He shall make a record of every such examination and inspection and of all violations of the Technical Codes. (b) Manufacturers and Fabricators When deemed necessary by the Building Official he shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. The Building Official shall make a record of every such examination and inspection and of all violations of the Technical Codes. (c) Inspection Service The Building Official shall make, or cause to be made, the inspections required by this section. He may accept reports of inspec- tors of recognized inspection services, provided that after investigation he is satisfied as to their qualifications and reliability. A certificate required by any provision of the Technical Codes shall not be based on such reports unless the same are in writing and certified by a responsible officer of such service. (d) Inspectio Prior To Issuance of Certificate of Occupancy or Completion. The Building Official shall inspect or cause to be inspected at various inter- vals all construction or work for which a permit is required, and a final in- spection shall be made of every building, structure, electrical, gas, mechanical, plumbing or fire protection system upon completion, prior to the issuance of the Certificate of Occupancy or completion or the provision of utility service to the premises. Ordinance No. 1919 Page 11 (e) Posting of Permit Work requiring a permit shall not commence until the permit holder or his agent posts the permit card in a conspicuous place on the premises. The permit shall be protected from the weather and located in such position as to allow the Building Official or his authorized repre- sentative to conveniently make the required entries thereon. This permit card shall be maintained in such position by the permit holder until the Certificate of Occupancy or Completion is issued by the Building Official. (f) Required Inspections The Building Official upon notification from the permit holder or his agent shall make the following inspections and such other inspections as necessary, and shall either release that portion of the construction or shall notify the permit holder or his agent of any violations which must be corrected in order to comply with the Technical Codes: (1) Building (i) Foundation and Inspection: to be made after trenches are excavated and forms erected. (ii) Frame Inspection: to be made after the roof, all framing, fireblocking and bracing is in place, all concealing wiring, all pipes, chimneys, ducts and vents are complete. (iii) Insulation inspection: to be made after walls are insulated. (iv) Final Inspection: to be made after the building is completed and ready for occupancy. (2) Electrical (i) Underground Inspection: to be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put into place. (ii) Rough -In Inspection: to be made after the roof, framing, fireblocking and bracing is in place and prior to the instal- lation of wall or ceiling membranes. (iii) Final Inspection: to be made after the building is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. (3) Plumbing (i) Underground Inspection: to be made after trenches or ditches are excavated, piping installed, and before any backfill is put into place. (ii) Rough -In Inspection: to be made after the roof, framing, fireblocking and bracing is in place and all soil, waste and vent piping is complete, and prior to the installation of wall or ceiling membranes. (iii) Final Inspection: to be made after the building is complete, to all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. All tests required by the Standard Plumbing Code, as adopted by City, must Ordinance No. 1919 Page 12 be passed to the satisfaction of the Building Official for the Final Inspection to be complete. See Section 417 of the Standard Plumbing Code. (4) Mechanical (i) Underground Inspection: to be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put into place. (ii) Rough -In Inspection: to be made after the roof, framing, fire - blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. (iii) Final Inspection: to be made after the building is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. (5) Gas: (i) Rough Piping Inspection: to be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. (ii) Final Piping Inspection: to be made after all piping autho- rized by the permit has been installed and after all'portions that are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appli- ances have been connected. This inspection shall include a pressure test. (iii) Final Inspection: to be made on all new gas work autho- rized by the permit and such portions of existing systems as may be affected by new work or any changes, to insure compliance with all the requirements of this Code and to assure that the installation and construction of the gas system is in accordance with the reviewed plans. (6) Fire Protection (i) Automatic Fire Extinguishing Systems: To be tested by 'dry fire test ". Test must be completed and passed before protected equipment is operated. Automatic Fire extinguishing systems must comply with NFPA 17 or 17A (ii) Automatic Fire Sprinkler Systems: Underground: to be tested and witnessed by the contractor and the property owner or his repre- sentative. Completed, signed state test sheet must be submitted to the Fire Official prior to Certificate of Occupancy inspection. Above ground: 200 lb. hydrostatic test to be witnessed by the College Station Fire Marshal for a Ordinance No. 1919 Page 13 period of two (2) hours. State test sheet must be completed, signed and submitted to the Fire Official prior to Certificate of Occupancy inspection, or storage of combustibles within the protected struc- ture. All Automatic Fire Sprinkler Systems must comply with NFPA 13. (iii) Underground Fuel Systems: Fuel Tanks: all underground fuel tanks must be tested at five (5) psi (air) for thirty (30) minutes. The Fire Official must witness all tests and approve installation before fill dirt is replaced. Fuel Lines: all underground fuel lines must be tested at seventy -five (75) psi (air) for thirty (30) minutes. The Fire Official must witness all tests and approve installation before fill dirt is replaced. (iv) Fire Alarms: all required fire alarms will be tested by the Fire Official immediately after completion of the installation, or prior to Certificate of Occupancy inspection. (v) Routine Fire /Safety Inspections: each commercial property will be periodically inspected, by the Fire Department, for compliance with applicable fire and safety regulations and 60 to assist owners /managers with fire safety problems or questions. (g) Written Release Work shall not be done on any part of a building, structure, electrical, gas, mechanical, plumbing or fire protection system beyond the point indicated in each successive inspection without first obtaining a written release from the Building Official. Such written release shall be given only after an inspection has been made of each successive step in the construction or instal- lation as indicated by each of the foregoing three (3) inspections. (h) Reinforcing Steel and Structural Frames Reinforcing steel or structural frame work of any part of any building or structure shall not be covered or concealed without first obtaining a written release from the Building Official. (i) Plaster Fire Protection In all buildings where plaster is used for fire protection purposes, the permit holder or his agent shall notify the Building Official after all lathing and backing is in place. Plaster shall not be applied without first obtaining a written release from the Building Official. 10. Certificate Of Occuoanc (a) Building Occupancy A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building prior to the issuance of a Certificate of Occupancy by the Building Official. The Building Official shall not issue the Certificate of Occupancy until all required electrical, gas, mechanical, plumbing and fire protection systems have been inspected for compliance with the technical codes and other applicable laws and ordinances and released by the Building Official. 610 Ordinance No. 1919 Page 14 (b) Issuing Certificate Of Occupancy Upon satisfactory completion of con- struction of a building or structure and installation of electrical, gas, mechanical, plumbing and fire protection systems in accordance with the Technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code and the Tech- nical Codes. (c) Temporary/Partial Certificate of Occupancy At the request of the owner, the Building Official may issue a temporary/partial Certificate of Occupancy for a portion or portions of a building if the requirements of the Technical Codes have been completed on said portion or portions of the building and, in the opinion of the Building Official the completed portion or portions of the building can safely be occupied prior to final completion of the building. (d) Certificate Of Occupancy For Existing Building A Certificate of Occupancy for any existing building may be obtained by making an application to the Building Official, including all relevant information and data necessary to determine compliance with the Technical Codes for the occupancy intended. Two sets of detailed drawings, or a general inspection, or both, may be required prior to the issuance of the Certificate of Occupancy, if such information is deemed necessary by the Building Official. When, upon examination and inspection, the Building Official determines that the build- ing conforms to the provisions of the Technical Codes and other applicable laws and ordinances for such occupancy, a Certificate of Occupancy shall be issued. 11. Certificate Of Completion Upon satisfactory completion of a building, structure, electrical, gas, mechanical, plumbing or fire protection system, the Building Official may issue a Certificate of Completion. This Certificate shows that a structure or system has been inspected for compliance with the Technical Codes, that construction has been completed, and that the structure or system may be connected to a utility system. This Certifi- cate does not grant authority to occupy or connect a building, such as a shell building, prior to the issuance of a Certificate of Occupancy. 12. Utility Service (a) Connection of Utility Service No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by the Technical Codes and for which a permit is required, until the building or system is released by the Building Official and a Certificate of Occupancy or Completion is issued. (b) Temporary Connection of Utility Service The Building Official may autho- rize the temporary connection of the building or system to the utility, source of energy, fuel or power for the purpose of testing building service systems or for use under a temporary Certificate of Occupancy. (c) Authority to Disconnect Utility Service The Building Official shall have the authority to authorize disconnection of utility service to the building, struc- ture or system regulated by the Technical Codes, in case of emergency to where necessary to eliminate an immediate hazard to life or property. The Building Official shall notify the serving utility, and whenever reasonably possible, the owner and occupant of the building, structure or user of the k Ordinance No. 1919 Page 15 service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. 13. Posting Floor Loads (a) Occupancy An existing or new building shall not be occupied for any purpose that will cause the floors thereof to be loaded beyond their acceptable safety limits as designed and constructed. The Building Official may permit occupancy of a building for mercantile, commercial or industrial purposes, by a specific business, when he is satisfied that such capacity will not thereby be exceeded. (b) Storage and Factory- Industrial Occupancies It shall be the responsibility of the owner, agent, proprietor or occupant of Group S and Group F occu- pancies (as defined in the Standard Building Code as adopted by City), or any occupancy where excessive floor loading is likely to occur, to employ a competent architect or engineer in computing the safe load capacity. All such computations shall be accompanied by an affidavit from the architect or engineer stating the safe allowable floor load on each floor in pounds per square foot uniformly distributed. The computations and affidavit shall be filed as a permanent record of the Building Department. (c) Signs Required In every building or part of a building used for storage, industrial or hazardous purposes, the safe floor loads, as reviewed by the 60 Building Official on the plan, shall be marked on plates or approved design that shall be supplied and securely affixed by the owner of the building in a conspicuous place in each story to which they relate. Such plates shall not be removed or defaced, and if lost, removed or defaced, shall be replaced by the owner of the building. D TESTS The Building Official may require tests or test reports as proof of compliance with tf e Technical Codes. Required tests are to be made at the expense of the owner, or his agent, by an approved testing laboratory or other approved agency. E. CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS Appointment There is hereby established a Board to be called the Construction Board of Adjust- ment and Appeals, which shall consist of seven members and two alternates. The Board shall be appointed by the governing body of the City. 2. Membership and Term of Appointment (a) Membership The Construction Board of Adjustment and Appeals shall consist of seven members. The Board shall be composed of individuals with knowledge and experience in the Technical Codes, such as design professionals, contractors or building industry representatives. In addition to the regular members, there should be two (2) alternate members, one member at large from the building industry and one member at large from the public. A Board member shall not act in a case in which he has any conflict of interest. Ordinance No. 1919 Page 16 (b) Terms Three (3) members of the Board and the Chairman shall initially be appointed to serve a two -year term. The remaining three members of the Board shall initially be appointed to serve a one -year term. Subsequent appointments to the Board shall be for two -year terms, in order to stagger the terms of office of the Board Members so that only a portion of the Board is appointed or replaced in any 12 -month period. The two alternates, if appointed, shall serve one -year terms. Vacancies shall be filled for an unexpired term. Continued absence of any member from required meetings of the Board shall, at the discretion of the governing body of the City, render any such member subject to immediate removal from office. (c) Quorum and Voting A simple majority of the Board shall constitute a quorum. In varying any provision of this Code or the Technical Codes, the affirmative votes of the majority present, but not less than four (4) affirmative votes shall be required. In modifying a decision of the Building Official, not less than four (4) affirmative votes, but not less than a majority of the Board, shall be required. In the event that regular members are unable to attend a meeting, the alternate members shall vote. (d) Secretary of Board The Building Official shall appoint a Secretary to record minutes of the meetings of the Board and to make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote. 3. Powers The Construction Board of Adjustments and Appeals shall have the power, as further defined in this chapter, to hear appeals of decisions and interpretations of the Building Official and to consider variances to the terms of the Technical Codes. 4. Appea (a) Decision of the Building Official The owner of a building, structure ,or service system, or his duly authorized agent, may appeal a decision of the Building Official to the Construction Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: (f) The Building Official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. (ii) The provisions of this Code or the Technical Codes do not apply to this specific case. (iii) An equally good or more desirable form of installation can be employed in any specific case. (fv) The true intent and meaning of this Code or the Technical Codes or any of the regulations thereunder, have been misconstrued or incorrectly interpreted. (b) Variances The Construction Board of Adjustments and Appeals, when so appealed to and after a hearing, may vary the application of any provision of this Code or the Technical Codes to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be Ordinance No. 1919 Page 17 contrary to the spirit and purpose of this Code or the Technical Codes or the public interest, and also finds all of the following: (i) That special conditions and circumstances exist that are peculiar to the building, structure or service system involved and that are not applicable to others. (ii) That the special conditions and circumstances do not result from the action or inaction of the applicant. (iii) That granting the variance requested will not confer on the appli- cant any special privilege that is denied by this Code or the Technical Codes to other buildings, structures or service system. (iv) That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. (v) That the grant of the variance will be in harmony with the general intent and purpose of this Code or the Technical Codes and will not be detrimental to the public health, safety and general welfare. In granting the variance, the Board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the Board may prescribe appropriate conditions and safeguards in conformity with this Code or the 60 Technical Codes. Violation of the conditions of a variance shall be deemed a violation of this Code. (c) Notice of Appeal Notice of appeal shall be in writing and filed within thirty (30) calendar days after the decision is rendered by the Building Official. The notice of appeal shall be in a form acceptable to the Building Official. 5. Pro cedures Of The Board (a) Rules and Regulations The Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this Code or the Technical Codes. The Board shall meet on call of the Chairman. The Board shall meet within thirty (30) calendar days after notice of appeal has been received. (b) Decisions The Construction Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the Board shall also include the reasons for the decision. If a decision of the Board reverses or modifies a refusal, order, or dis- allowance of the Building Official or varies the application of any provision of this Code, the Building Official shall immediately take action in accor- dance with such decision. Every decision shall be promptly filed in writing in the office of the Building Official and shall be open to public inspection as required by State law. An official copy of the decision shall be sent by certified mail or by hand delivery to the applicant and a copy shall be kept publicly posted in the office of the Building Official for two weeks after filing. Every decision of the Board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity. Ordinance No. 1919 Page 18 F. BUILDING AND STANDARDS COMMISSION Creation Of The Building And Standards Commission There shall be appointed by the City Council a building and standards commission to hear and determine cases concerning violations of the building code. (a) Cornrnission Members The commission shall consist of five (5) appointed members appointed for two -year terms and four (4) alternate members who shall serve in the absence of one or more of the regular members when requested to do so by the mayor or City Manager. The alternate commission members serve for the same period and are subject to removal in the same manner as the regular members. (b) Removal The City Council may remove a commission member for cause on a written charge. Before a decision regarding removal is made, the City Council shall hold a public hearing on the matter if requested by the commission member subject to the removal action. 2. Hearings Before The Commission (a) Number All cases heard by the commission shall be heard by at least four members. (b) Rules The commission may adopt rules and establish procedures for use in hearings, providing ample opportunity for presentation of evidence and to testimony by persons opposing charges brought by the municipality through the Building Official, Fire Marshal, or Code Enforcement Manager relating to alleged violations. The Commission shall appoint a chairman and an action chairman to act in the chairman's absence. (c) Meetings The meetings of the commission shall be held at the call of the Chairman and at other times established by the Commission. The meetings shall be open to the public. (d) Minutes The Commission shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. The Commission shall keep records of its examina- tions and other official actions. The minutes and records shall be filed immediately in the office of the Commission as public records. (e) Vote The concurring vote of four members of the Commission is necessary to take any action. 3. Representative The Building Official, Fire Marshal, or Code Enforcement Manager is hereby desig- nated as the representative of the municipality before the Building and Standards Commission. (a) Investigation When the Building Official, Fire Marshal, or Code Enforce- ment Manager determines, whether on his own initiative or as a result of a complaint, that a building, dwelling or structure is an unsafe building within the meaning of the Code of Ordinances, he shall upon the completion of his investigation document the violations. (b) Determination If, upon the conclusion of his investigation, the Building Official, Fire Marshal, or Code Enforcement Manager concludes that there Ordinance No. 1919 Page 19 is a probable cause to believe that the building is substandard, dilapidated or unfit for human habitation and a hazard to the public health, safety and welfare, he shall make a report to the Commission and give notice of a hearing to the owner, lienholder(s) and mortgagee(s), all parties having a legal interest in the premises, and to such other persons as the Commission may direct. 4. Function Of The Commission Cases Heard The Commission may hear cases concerning violations of ordinances that regulate: (a) the preservation of public safety, relating to the materials or methods used to construct a building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances and exits; (b) relating to the fire safety of a building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design or width of entrances or exits; (c) relating to dangerously damaged or deteriorated buildings or improve- ments; (d) relating to conditions caused by accumulations of refuse, vegetation or other matter that creates a breeding ground for insects and rodents. 5. Notices Of Hearings (a) Notices sent The Building Official, Fire Marshal, or Code Enforcement Manager shall send to the property owner and each mortgagee and lien - holder notice of the hearing in the following manner: (1) by delivery to each party personally or by leaving the notice at the usual place of abode of that party with a person of sixteen (16) years of age or older or by depositing the notice in United States mail addressed to the party at his last known address, certified mail return receipt requested. (2) by posting on the property and keeping posted for thirty (30) con- secutive days notice of the hearing, in placard form, in a conspicu- ous place; (3) by publishing notice in the Bryan/College Station Eagle, at least twice. (b) Violations It shall be unlawful for any person to remove, deface or cover such notice posted pursuant to 106.5.1 (2) until after the date of the hearing. (c) Contents The notice of the hearing shall: (1) be in writing; (2) state the time and place of the hearing; (3) include a description of the building and property on which it is located sufficient for identification; Ordinance No. 1919 Page 20 (4) list all of the owners, lienholders and mortgagees shown to have a legal interest in the property; (5) provide a description of the violation(s) of the municipal standards that is(are) present at the building; (6) A statement of the action that will be recommended to the Commis- sion by the Building Official, Fire Marshal, or Code Enforcement Manager which may include vacating, securing, removing or demo- lition of the building or relocating the occupants of the building. 6. The Hearing Presentation of evidence The Commission shall provide each party an opportunity to present evidence and cross examine witnesses at the hearing. Action Of The Commission (a) Decision The Commission may declare a building substandard, dilapidated or unfit for human habitation and a hazard to the public health, safety and welfare. (b) Remedy The Commission may order, in an appropriate case, the immedi- ate removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions 40 exist on the property that constitute a violation of an ordinance, and order action to be taken as necessary to remedy, alleviate, or remove any sub- standard building found to exist. (1) If the Commission declares a building substandard, dilapidated or unfit for human habitation and a hazard to the public health, safety and welfare, it may order the building to be vacated, secured, repaired, removed or demolished or for the occupants to be relocated within a fixed period time. (2) The order shall provide that the owner has a fixed period of time to comply and will also provide an additional fixed period of time for compliance by the mortgagee(s) and lienholder(s) in the event that the owner fails to comply with the order of the Commission within the time period provided to him. (3) If the Building Official, Fire Marshal, or Code Enforcement Manager finds that the owner has failed to comply with the order he shall notify the mortgagee(s) and lienholder(s) in writing by certified mail return receipt requested with a copy of the order of the Commis- sion. (4) If the Building Official, Fire Marshall, or Code Enforcement Manager finds that neither the owner nor the mortgagee(s) and lienholder(s) have complied he shall notify the Commission. (c) Peace Officer The Commission may issue orders or directives to any peace officer of the state, including a sheriff or constable or chief of the City of College Station police force, to enforce and carry out the lawful orders or directives of the Commission. Ordinance No. 1919 Page 21 (d) Failure of Lienholder It shall be unlawful for the owner, lienholder(s) or mortgagee(s) to fail to comply with an order of the Commission. (e) Civil Penalty The Commission may determine the amount and duration of a civil penalty that it may impose. (1) The civil penalty may only be enforced if the municipal secretary has filed with the District Clerk of Brazos County a certified copy of the order of the Commission establishing the amount and duration of the penalty. No other proof shall be required for a district court to enter final judgment on the penalty. (2) The determination of the Commission with regard to the civil penalty is final and binding and constitutes prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the City for final judgment. (3) The civil penalty shall accrue interest at a rate of ten (10) percent per year for the date of the assessment until paid in full. (f) Commission Action If a building is not vacated, secured, repaired, removed or demolished, or the occupants are not relocated within the allotted time, the Commission may, upon the recommendation of the Build- ing or Fire Official, order the City to vacate, secure, remove or demolish the building or relocate the occupants at City expense. (1) The Commission may only order the repair of a residential dwelling unit with ten (10) or fewer dwelling units. (2) The Commission may only order the repair to the extent necessary to bring the building into compliance with minimum City standards. The repairs may not improve the building to the extent that the building exceeds minimum housing standards. (g) Lien. The Commission shall order the City Attorney to place a lien against the property for the expenses incurred. (1) The Commission may place a lien against the property unless it is homestead. (2) The City Attorney shall record the lien at the office of the county clerk in Brazos County, Texas. (3) The lien notice shall contain the name and address of the owner if that information can be determined with reasonable effort, a legal description of the property on which the building was or is located, the amount of the expenses incurred by the City of College Station and the balance due. (4) The lien shall be a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to the property. (5) The lien may not be foreclosed if the property on which the repairs were made is occupied as a residential homestead by a person 65 years of age or older. _ Ordinance No. 1919 Page 22 (6) The expenses incurred shall accrue interest at a rate of ten (10) percent per year from the date of the assessment until paid in full. Appellate Review Notification of decision. The decision of the Commission shall be mailed by first class mail, certified return receipt requested. Any party shall have thirty (30) days from the date of mailing to file a petition. A copy of the order shall be published in the Bryan/College Station Eagle within ten (10) calendar days after the date of mailing of the notice. A copy shall be filed with the City Secretary. Appeal in the district court shall be limited to a hearing under the substantial evidence rule. The decision shall become final if no appeal is taken within the thirty (30) day time period. G Severability If any section, subsection, sentence, clause or phrase of this Code or the Technical Codes is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code or the Technical Codes. H. V iolations And Penalties Any person, firm, corporation or agent who shall violate a provision of this Code or the Technical Codes, or fails to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical, plumbing or fire protection system, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical, plumbing or fire protection system, in violation of a detailed statement or drawing submitted and per- mitted thereunder, shall be guilty of a misdemeanor. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code or the Technical Codes is committed or continued, and upon conviction of any such violation such person shall be punished with a fine pursuant to the general penalty section of the Code of Ordinances. Ordinance No. 1919 Page 23 APPENDIX 1 STANDARD BUILDING CODE ADOPTED A booklet entitled "Standard Building Code 1991 Edition" as amended and as hereafter may be amended, at least one (1) copy of which is on file in the office of the Building Official of the City of College Station, Texas, is hereby adopted and designated as the Building Code of the City of College Station, Texas. AMENDMENTS TO STANDARD BUILDING CODE A- The above referenced Standard Building Code is hereby amended as follows: 1. Section 102.4 is amended by deleting therefrom the following sentence: 'All unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilita- tion or by demolition in accordance with the provisions of the Structural Standard Code for the elimination or repair of unsafe buildings.' 2. Section 105.2.3 is amended to read as follows: 105.2.3. Home Owner Permit - A property owner shall obtain a permit for work to be done by him on a building owned and occupied by him as his homestead. After twenty -four (24) months, the permit is void and must be re- permitted by the home owner or a contractor at the discretion of the Building Official and subject to appeal to the Board of Adjustments and Appeals." 3. Table 400 shall be amended by the addition of the superscript 'k" to the allowable areas tabulated in the Type III, V, VI, columns for Group R Occupancy, story height three (3) and above, and the addition to the table of a new note "k" to read: "Two (2) remote independent means of egress from each floor area occupied by separate tenants shall be provided." 4. Section 402.2.3.0 shall be amended by adding to the definition of "mezzanine' a new sentence to read: "A mezzanine shall be considered to be an additional story only in Group R Residential and Group A Assembly occupancy types." 5. Section 403.2 is amended by deleting therefrom the following phrase: "except that in Group B- Business and Group S- Storage Buildings, non -fire rated partitions may be used to separate tenants provided no area between partitions rated at one (1) hour or more exceeds three thousand (3,000) square feet. 6. Section 404.6 shall be amended by adding the following sentence: "There shall be required a supplementary lighting system in addition to the regular system by local electric power in Group A Small Assembly." 7. Section 403.5.3 shall be added to read as follows: "403.5.3 Public Rental Storage Warehouse - (A) A public rental storage warehouse is a structure used solely for storage occupancy, which is divided into separate spaces accessible to each tenant and in which the management does not bear responsibilities as a ware- houseman. (B) Tenant separation shall not be required in a public rental storage warehouse. (C) A wall having fine resistance of not less than two (2) hours, parallel to the longitudinal axis of the building and dividing the building into two (2) parts of equal area insofar as the configuration of rental spaces permits, shall be provided in each public rental storage warehouse building." Ordinance No. 1919 Page 24 8. Section 506.1.1 is amended by deleting therefrom the phrase "or areas of refuge (compartmentation) in accordance with Section 506.9." 9. Section 506.8.3 shall be added to read as follows: "All enclosed stairways are to be pressurized." (See Section 506.11 #5) 10. Section 506.11 shall be added as follows: "The one and one -half inch (1 1/2') wet standpipe hose and nozzles is not required; however, the Fire Department risers and hose connections are to be provided in the corridor and not in the stairway." 11. Section 704.3 - Table 704.3 shall be amended to read as follows: "Minimum flame spread classifications for all group A- Assemblies shall be Class A interior finish material in exit corridors and exits when sprinklered.' 12. Section 704.4 shall be amended with the first paragraph to read as follows: "Delete Exceptions." 13. Section 901.8.6 shall be added as follows: 'An approved automatic sprinkler system shall be provided in group A- Assembly occupancies (except churches), when a group A- Assembly total floor area exceeds five thousand (5000) square feet." 14. Section 901.8.7 shall be added to read as follows: "(7) An approved sprinkler sys- tem shall be provided in all structures where the total building area exceeds fifteen thousand (15,000) square feet and in all structures exceeding two stories in height.' 15. Section 901.8(d) shall be added to read as follows: "An approved sprinkler system shall be provided in all hotels and motels." 16. Section 1703.12 shall be amended by adding: "All concrete slabs at grade shall have special termite protection by soil treatment or other approved methods of ter- mite protection', per Section 1703.11. 17. Section 1708.7 shall be amended to read as follows: "Attic spaces shall be provided with an access opening not less than twenty inches (20 ") by twenty -four inches (24 "). Access opening shall be readily accessible and provided with a lid or device that may be easily removed or operated, when mechanical equipment is to be in- stalled in the attic and only interior access is to be provided. The access opening shall be not less than specified above, but in no case less than the size required to install or remove the largest major component of the unit without disassembly. Access is not required when the clear height of the attic space measured at the roof peak, is less than twenty -four inches (24 ") " 18. All Appendices except D and H are hereby adopted. 19. Section A- 103.4.5 shall be added to read: "There shall be no combustible or flammable materials placed on site, lot or subdivision where waterlines and fire hy- drants as required by the applicable subdivision regulations are not completed and in service and where all- weather access for emergency vehicles does not exist to within one hundred fifty feet (150') of the most remote part of the structure." 20. Section A -103.5 is amended by deleting therefrom the phrase "to pay a license tax as provided in the general license ordinance," and adding: "Building Contractors It shall be the duty of every contractor who shall make con- tracts for the installation or repair of buildings for which a permit is required, and every contractor or builder making such contracts and subletting the same or any part thereof, to register his name and license with the Building Official, giving full Ordinance No. 1919 Page 25 name, residence and place of business, and in case of removal from one place to another to have made corresponding change to the Building Official. Plumbing Contractors Plumbing contractors that have a State of Texas Master Plumb -ing Contractor's License must register their license with the City of College Station before a permit will be issued by the City. Air Conditionina, Refrigeration and Heating Contractors Air conditioning and heat- ing contractors that have a State of Texas Air Conditioning, Refrigeration and Heat- ing Contractors License must register their licenses with the City of College Station before a permit will be issued by the City. Lawn Sprinkler or Irrigation Contractors Lawn Sprinkler or Irrigation Contractors who have a State of Texas License must register their license with the City of College Station before a permit will be issued by the City. Electrical Contractors Electrical Contractors who have a Master's License must pay a license fee to the City of College Station before a permit will be issued by the City. Before a license is registered by the City, applicant shall provide adequate proof of insurance coverage for bodily injury, property damage and worker's compensation in the following amounts: (a) $300,000 combined single limit; (b) Worker's Compensation in accordance with the State of Texas. All Contractors Each vehicle used shall have affixed to the back window driver's side identification numbers and letters two inches (2 ") high as follows: For Building Contractors C.C.B.L. (License No.) For Electrical Contractors C.C.E.L. (License No.) For Plumbing Contractors C.C.P.L. (License No.) For Air Conditioning Contractors C.CAC. (License No.) For Irrigation Contractors C.C.I.L. (License No.) Use State of Texas License number, if applicable." 21. Section 101.4.1 is amended to provide that the Building Official is an employee -at- will and may be terminated as per the personnel manual. 22. Table 600 shall be amended to read: "After 15' there is no firewall on exterior walls required (N L %)." 23. Accessory Portable Storage Building. Portable storage buildings are defined as those portable storage buildings that are not permanently affixed to the ground. One accessory portable storage building, not over one hundred (100) square feet in area, per residential lot will be allowed in the rear yard without a building permit if it can be moved and sanitary facilities, water supply, and electric system are not contained in the structure and structure is not placed in surface drainage easement. 24. Section 1104.4 shall be amended to read as follows: "Every sleeping room in one and two family dwellings shall have at least one operable window or exterior door approved for emergency egress or rescue. The units must be operable from the in- side to a full clear opening without the use of separate tools. Where windows are provided as a means of egress or rescue, they shall have a sill height of not more than forty -four inches(44 ") above the floor.' Ordinance No. 1919 Page 26 All egress or rescue windows from sleeping rooms shall have a minimum net clear opening of twenty -four inches (24 ") by twenty inches (20 "). 25. Section 1301.1.2 TRENCH SAFETY. On all construction projects, public or private, within the boundaries of the City of College Station, or within the extraterritorial jurisdiction, the bid document and the contract shall contain: (a) Detailed plans and specifications for adequate safety systems that meet OSHA standards, and (b) A pay item for those safety systems. (c) This requirement shall not apply to persons subject to safety standards adopted under Article 6053 -1, V.T.C.S., and subject to the administrative penalty provisions of Article 6053 -2, V.T.C.S. (d) Violations will be reported to OSHA and the job superintendent. B. REGISTRATION FEES License fees for contractors shall be set by Council resolution. C. TEMPORARY OCCUPANCY OF STREETS WITH BUILDING MATERIAL, ETC. Permit and Bond Hereafter any person or persons, firm, or corporation desiring to temporarily occupy any portion of any public street, alley, or sidewalk within the City of College Station for the purpose of placing thereon material or rubbish for or from building opera- tions, or for any purpose whatsoever connected with the erection, removal, alter- ation, or repair of any building or other structure, shall apply to the Building Official for a permit for such temporary occupation as aforesaid, and it shall be unlawful to occupy or obstruct any street, alley, or sidewalk, as aforesaid, without a permit therefor from the Building Official, which permit shall not be issued until the person, persons, firm, or corporation applying therefor shall have first presented a building permit with a bond approved by the City Attorney, conditioned that the principal therein will discharge all claims of every character arising from or occasioned by such occupancy of such street, alley, or sidewalk or the construction or repair of such building or the making of such excavation and discharge all judgments obtained, together with all costs attached thereto against the City of College Station, by reason of any such claim, injury, or damage sustained, and every person or persons, firm, or corporation carrying on any such excavation or building opera- tion shall keep all streets, alleys, and sidewalks adjacent to such excavations or building operations carried on by them, in a clean and orderly condition, and unob- structed, except as provided herein, during such operation, and at the expiration of the time stipulated in the permit aforesaid, they shall restore all such streets, alleys, and sidewalks to as good condition as they were before the beginning of such operations. 2. Reauisite of Permit Permits for temporary street, alley, or sidewalk occupancy as hereinbefore provided shall be issued by the Building Official, shall be in writing, and shall be for a period of time not to exceed ninety (90) days, such as said Building Official may deem ex- t w provided that such time may be extended by the City Council of the City of College Station; such permit shall specify how much of the street, sidewalk, or alley shall be obstructed, which amount of obstruction shall be within the discretion of Ordinance No. 1919 Page 27 the Building Official; provided that not more than one -half (1/2) of any alley, not more than two -thuds (2/3) of any sidewalk, nor more than one -fourth (1/4) of any street shall be obstructed. 3. Protection of Sidewalks Wherever any portion of any street, alley, or sidewalk shall be obstructed under a permit as hereinbefore provided, the sidewalk or driveway thereon shall be pro- tected by a covering, which shall be sufficient to protect the public from danger attendant upon such building, and a driveway and sidewalk sufficient in the opinion of the Building Official, kept in good condition for travel; and a failure to comply with this subsection shall immediately work a forfeiture of the permit given there- under and all the rights and privileges granted therein. D. CONSTRUCTION OF SIDEWALKS AND CURBS License and Permit Required Hereinafter no person, persons, firm, or corporation shall lay, construct, build, re- pair, or rebuild any sidewalk, curb, gutter, or driveway on any street, alley, or thor- oughfare within the City of College Station, without first having obtained from the City Engineer a license to do such work, having made and executed a bond to said City in the sum of Two Thousand Five Hundred Dollars ($2,50400), having paid a license fee of Ten Dollars ($10.00) per annum, and having obtained a permit from the City Engineer to do such work. Provided, however, that for building construc- tion, only the construction of sidewalks, curbs, gutters, driveways, and approaches to a building may be included in the building contractor's permit for the construc- tion of the building if application to construct such sidewalk, curb, gutter, driveway, and drive approach is made at the time the building permit is applied for. further, that the preceding sentence shall allow only the building contractor himself to construct curbs, gutters, sidewalks, driveways, and drive approaches on his building contractor's bond without the necessity of making a separate cement bond for their construction, and the preceding sentence shall not apply if the building contractor contracts with another to construct the sidewalks, curbs, gutters, drive- ways, and approaches. The building contractor shall have the construction of such sidewalks, curbs, gutters, driveways, and drive approaches inspected and approved by the City Engineer. Where the building contractor avails himself of the provisions of this subsection, he shall be responsible for the construction and maintenance of such concrete construction in the same manner as individuals holding a license to do such concrete work, and his building contractor's bond shall be amended and supplemented to comply with this subsection. Requisite of License and Bond The license hereinbefore mentioned shall be issued and approved by the City Engineer, and before the issuance of same, the applicant shall file in the office of the City Engineer a statement of his qualifications, together with a surety bond in the penal sum of Two Thousand Five Hundred Dollars ($2,500.00), conditioned that said applicant will indemnify and save harmless the City of College Station from any and all damages of every character arising from or caused directly or indirectly by negligence in doing said work, or for any imperfect or inadequate work done by the applicant, and that he will maintain said work in a good and workmanlike state of repair for and during a period of one (1) year from and after its completion and acceptance by the City. Said statement of qualifications approved by the City Engi- neer, together with bond, and date of issuance shall be filed by said City Engineer with the City Secretary. Ordinance No. 1919 Page 28 The applicant shall also state in his application for license, his place of business, and shall notify the City Engineer immediately of any and every change in address or style of his firm. All such bonds shall be subject to the approval of the City Attor- ney, and shall run for a period of one (1) year from date, or until revoked as here- inafter provided. Such bond shall be on substantially the same form as that shown on Exhibit A, as given in subsection C herein. E. ENCLOSURE OF SWIMMING POOL Fences Every outdoor swimming pool shall be completely surrounded by a fence or wall not less than four feet (4') high, which shall be so constructed as not to have openings, holes, or gaps larger than four inches (4 ") in any dimension except for doors and gates; and if a fence is erected or maintained, the horizontal spacing between pickets shall not exceed four inches (4 "). A dwelling house or accessory building may be used as a part of such enclosure. Gates All gates or doors opening through such enclosure shall be equipped with a self - closing and self - latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. 3. Applicability This requirement shall be applicable to all new swimming pools hereafter con- structed, other than indoor pools, and shall apply to all existing pools which have a depth of eighteen inches (18 ") or more of water at any point. No person in posses- sion of land within the City, either as owner, purchaser, lessee, tenant, or a licensee, upon which is situated a swimming pool having a depth of eighteen inches (18 ") or more of water at any point shall fail to provide and maintain such fence or wall as herein provided. 4. Modifications The City of College Station Building Code Board of Adjustments and Appeals may make modifications in individual cases, upon a showing of good cause with respect to the height, nature of location of the fence, wall, gates or latches, or the necessity therefor; provided the protection as sought hereunder is not reduced thereby. The Building Code Board of Adjustments and Appeals of the City may permit other pro- tective devices or structures to be used so long as the degree of protection afforded by the substitute devices or structures is not less than the protection afforded by the fence, gate, or latch described herein. The Building Official shall allow a reasonable period within which to comply with the requirements of this sub- section. Swimming Pool Defined The term swimming pool as used herein shall mean a body of water in an artificial or semi - artificial receptacle or other container located outdoors, used or intended to be used for public, semi- public, or private swimming by adults or children, or both adults and children, operated and maintained by any person, whether he be an owner, lessee, operator, licensee, or concessionaire, and shall include swimming pools used or intended to be used solely by the owner or friends invited to use it without payment of any fee. Ordinance No. 1919 F. BUILDING PERMIT FEES Page 29 Building permit fees will be established by City Council resolution adopted pursuant to Chapter 14 of the Code of Ordinances. An official copy of the latest such fees shall remain on file in the Office of the City Secretary at all times. Ordinance No. 1919 APPENDIX 2 ELECTRICAL CODE ADOPTED Page 30 A booklet entitled 'National Electrical Code 1990 Edition' as amended and as hereafter may be amended, at least one (1) copy of which is on file in the office of the Building Official of the City of College Station, Texas, is hereby adopted and designated as the Electrical Code of the City of College Station, Texas. AMENDMENTS TO NATIONAL ELECTRICAL CODE A. The above referenced National Electrical Code is hereby amended as follows: 1. Section 210 -23(a) shall be amended to include after the words ". . . are also supplied." the following sentence: However, a circuit of fifteen (15) amperes shall not serve more than ten openings unless authorized by the Electrical Inspector. 2. Table 210 -21(b) (2) or (b) (3) shall be amended by adding the following: Reference all 14 AWG conductor indicated in the table with asterisks ( * * *) and add this foot- note at the bottom of the table ' * ** special note: Except for fixture wires in UL or 60 other listed fixtures, no conductor of a size smaller than 12 AWG copper is allowed in residential wiring.' 3. Section 210 -52(b) shall be amended by adding the following: Exception No. 4: A separate circuit is required for each refrigerator, deep freeze, dishwasher, disposal, trash compactor or any other load exceeding six (6) amperes. 4. Section 210 -52(c) shall be amended by adding the following at the end of the section: Exception: A separate circuit is required for microwave ovens or any other counter top appliance with a load exceeding six (6) amperes. 5. Section 210 -52(f) shall be amended to include after the words '. . . for the laundry." the following sentence: However, a separate circuit is required for a washing machine or any other laundry appliance with a load exceeding six (6) amperes. 6. Section 210 -52 shall be amended by adding the following subsection: (i) Spare Circuits. In all residential electrical systems spare circuits shall be provided in the crawl space or attic of at least one (1) 12 -2 and one (1) 10 -3 with equipment grounding conductor. Such circuits shall terminate in a junction box with a proper cover and breaker space must be available in panel for these spares. 7. Section 250 -52 shall be amended by adding the following subsection: (j) Other Locations. A separate circuit is required for each well pump or other outdoor loads exceeding six (6) amperes. 8. The Electrical Code shall be amended by adding the following section: 230 -10 Meter Mounting Heights. Individual meters shall be mounted at a height not greater than 5' -6" nor less than 4' -6' above finished grade. Meter packs shall be mounted with its horizontal centerline not greater than 4' -6" nor less than 4' -0" above finished grade. Ordinance No. 1919 Page 31 Section 230 -72 shall be amended by adding section (d) to read: (d ) Location: The service disconnecting means shall be installed at a readily accessible location. Such location shall be on the outside of commercial buildings or structures. Resi- dential buildings may provide this disconnecting means either outside or inside the nearest point of entrance of the service conductors. 10. Section 230 -79(c) shall be amended by changing the paragraph to read: For a one - family dwelling, the service disconnecting means shall have a rating of not less than 125 amperes, 3 -wire under each of the following conditions: (1) where the initial computed load is 10 KVA or more, or (2) where the initial installation consists of six or more 2 -wire branch circuits. 11. Section 250- 83(c)(1) and (2) shall be amended by allowing only copper coated grounds. 12. Section 310 -2(b) shall be amended to read as follows: Conductor Material. Conductors in this article shall be copper only. 13. Section 333 -6(b) shall be amended to read as follows: Uses Not Permitted. Type AC cable shall not be permitted in commercial buildings as a wiring method. 14. Section 334 -4 shall be amended to read as follows: Uses Not Permitted. Type MC cable shall not be permitted in commercial buildings as a wiring method. 15. Section 337 -3 shall be amended to read as follows: Uses Permitted. Type SNM cable shall be used only as follows: (1) where operating temperatures do not exceed the rating marked on the cable, (2) in cable trays or in raceways, and (3) in residential wiring only. B, LICENSING Licensing as Master Electrician Required It shall be unlawful for any person to do electrical work within the City of College Station unless such person is licensed under the provisions of this ordinance by the City of College Station as a master electrician, or unless such electrical work is performed under the personal control, supervision, direction and responsibility of such a licensed master electrician. The term "electrical work" as used in this ordi- nance shall mean the installing, maintaining, altering, repairing or erecting of any electrical wiring, apparatus, devices, appliances, fixtures or equipment for which a permit is required under the terms and provisions of this ordinance, except poles and guy anchors installed by an electric telephone, telegraph, signal or public service company as a part of its distribution system. 2. Electrical Board Created To Administer Licensing Provisions There is hereby created an Electrical Board consisting of five (5) members. The five members of the Board shall be appointed by the City Council. The five shall not be employees of the City, and one shall be licensed as a master electrician by the City. The Board shall select its own chairman. The members of the Board shall serve at the pleasure of the City Council except any Board member shall be replaced any time he fails to meet the criteria for appointment or if his attendance at called meetings falls below seventy percent (70 %) for any twelve (12) month period or he fails to attend three (3) consecutive meetings. The Board shall review applicants for license, determine if their experience is such that they are qualified to take the examination, grade said examinations, and determine by majority vote of the Board that a license shall or shall not be issued. Said Board shall determine, by majority vote of the Board, as hereafter provided, when licenses shall be revoked ,%W Ordinance No. 1919 Page 32 for cause. If said Board revokes a license for cause, the individual whose license is revoked shall cease all electrical work within the City unless or until said action of the Board is altered by action of the City Council or a court of law. Also serving with the Board will be an employee from the City who will serve as a staff liaison. 3. Qualifications for Master Electrician License Anyone desiring to qualify for a "Master Electrician's License" shall proceed in the following manner: (a) Application for Examinations Fee Apply in writing to the Secretary of the Electrical Board to take the qualify- ing examination. The application shall state the qualifications and expe- rience of the applicant and shall be accompanied by an examination fee of Fifty Dollars ($50.00), which fee shall be refundable if the Electrical Board denies the applicant the opportunity to take the examination because his qualifications or experiences are unacceptable. (The minimum required experience shall be four [4) years full time employment in electrical work under direct supervision of a licensed master electrician.) Along with the application shall be two (2) letters of recommendation. The letters shall be from Master Electricians or Electrical Inspectors who can recommend the applicant for examination. (b) Examinations Administration of Take the examination prescribed by the Electrical Board, which examina- tion may be written, oral, or both, and shall relate to their qualification to in- stall, repair, alter and maintain electrical appliances, wiring, apparatus, devices, fixtures or equipment, for which a permit is required under the terms and conditions of this ordinance and as to their qualifications to plan installations of electrical wiring and equipment, to plan changes, to interpret plans and specifications, and to supervise various types of electrical installations for which a permit is required. Examinations will be scheduled during the first week of each month and an applicant may take the exami- nation not earlier than two (2) weeks or later than eight (8) weeks after he is certified eligible to do so by the Board. Failure of the applicant to appear for the examination after written notice he is eligible to do so or failure to satisfactorily pass the examination shall result in forfeiture of his Fifty Dollar ($50.00) fee. (c) Examination Records A complete record of the examination given, consisting of the questions, answers, grades and final results shall be kept in the records of the Electri- cal Board for a period of not less than one (1) year. The applicant will not be allowed to review his examination papers, he will only be told his grade. (d) Issuance of License; Terms of Upon certification by a majority of members of the Board present that he has passed the examination and is eligible for the license as a "Master Electrician ", he shall be issued said license by the Secretary of the Electri- cal Board upon payment of a Twenty -five Dollar ($25.00) fee and filing a bond, in a form as issued by a company satisfactory to the City, in the amount of One Thousand Dollars ($1,000.00), conditioned upon compliance with the ordinances of the City regulating electrical work and faithful per C Ordinance No. 1919 Page 33 formance of all contracts. Said license shall be good for a period of one (1) year from date of issue unless revoked by the Electrical Board for due cause. (e) License Renewals; Fee At least one (1) month prior to the expiration date of the license, licensee shall apply for renewal for the subsequent year. Unless said license is denied by the Electrical Board for due cause, the Secretary of the Electri- cal Board is authorized to issue a renewal of the license upon payment of a renewal fee of Twenty -five Dollars ($25.00). (f) Ineligibility Anyone licensed under the provisions of this or previous ordinances per- taining thereto who does not practice his profession within the City of College Station for two (2) consecutive years after the date he received his license or any subsequent renewal thereof, shall not be eligible for renewal of his license. He may, at any later date, re- qualify according to the provi- sions of this ordinance. 4. Reciprocal Agreements The City of College Station may negotiate reciprocal agreements with other municipalities wherein the license requirements are deemed to be equal to those of this ordinance. Under said reciprocal agreements, a license may be issued to any- one possessing a valid license in the municipality with which the reciprocal agree- ment exists without the applicant being required to take the written and oral exami- nations provided for in this ordinance. Said applicant shall be required to, fulfill all other requirements and pay all fees provided herein. S. Forfeiture Of Any Bonds The amount realized upon the forfeiture of any bond over and above the expense involved in its forfeiture shall be expended in making the necessary changes in t�e electric work found to be contrary to the provisions of this ordinance or deficient in quality or other particulars as specified in the contract or contracts entered into and covered by the bond, and the unused balance, if any, shall be paid into the City Treasury. C. ELECTRICAL INSPECTIONS AND PERMITS When Permit Required; Exceptions No wiring, poles, duct line, guy anchors, apparatus, devices, appliances, fixtures or equipment for the transmission, distribution or utilization of electrical energy for any purpose shall be installed within the City limits, nor shall any alteration or addition be made to any such existing wiring, poles, duct lines, guy anchors, apparatus, de- vices, fixtures or equipment without first securing a permit therefor from the Electri- cal Inspector, except as stated in the following paragraphs: (a) Replacincl Fuses No permit shall be required for replacing fuses of like rating or lamps or the connection of portable appliances to suitable receptacles which have been permanently installed or for repairs to portable appliances. Ordinance No. 1919 (b) Replacing Flush or Snap Switches Page 34 No permit shall be required for replacing flush or snap switches, recepta- cles, lamp sockets, the installation of lamps, or minor repairs on perma- nently connected electrical appliances. (c) Conveying Signals No permit shall be required for the installation, maintenance or alteration of wiring, poles and down guys, apparatus, devices, appliances or equipment for telegraph, telephone, signal service or central station protective service used in conveying signals or intelligence, except where electrical work is done on the primary side of the source of power at a voltage over 50 volts and of more than 500 watts. (d) Wiring by Electric Public Service Company No permit shall be required for the installation, maintenance or alteration of electric wiring, apparatus devices, appliances or equipment to be installed by an electric public service company for the use of such company in the generation, transmission, distribution, sale or utilization of electrical energy. However, an electric public service company shall not do any wiring on a customer's distribution system, including metering equipment wherever located and transformer vaults in which customer's transformers are located, nor shall any of its employees do any work other than done for said company as hereinbefore provided for by virtue of this exception. (e) Temporary Wiring No permit shall be required for the installation of temporary wiring, appa- ratus, devices, appliances or equipment used by a recognized electrical training school or college. (f) Railway Crossing Signal Devices No permit shall be required for the installation and maintenance of railway crossing signal devices, when such is performed by due authority of the railroad and in accordance with the standards of the American Railroad Association, and in collaboration with and approval of the Department of Public Services of the City of College Station. (g) Suspensions and Revocations (1) The Electrical Inspector may, in writing, suspend or revoke a permit issued under the provisions of this ordinance whenever the permit is issued in error or on the basis of incorrect information supplied or when in violation of any ordinance, regulation or any of the provisions of this ordinance. (2) A permit may be cancelled upon notification by the owner of the property that the contractor is no longer employed to do work on said property after written notification by the Electrical Inspector and a hearing by the Electrical Examining Board. (3) Failure on the part of any licensed master electrician to correct any defect, error or deficiency in any work installed under the authority of an electrical permit issued to him within ten (10) calendar days after written notification thereof from the Electrical Inspector, the Ordinance No. 1919 Page 35 Electrical Inspector shall, without further notice, stop the issuance of permits to such licensed master electrician until such corrections have been made, inspected and approved. This provision shall be cumulative of all other penalties provided herein. 2. Notification and Final Approvals (a) Electrician to Notify Electrical Inspector When any part of a wire installation is to be hidden from view by the per- manent placement of parts of a building, the licensed electrician to whom the permit has been issued shall notify the Electrical Inspector. The licensed electrician to whom the permit has been issued shall give the Electrical Inspector due notice and inspection shall be made periodically during the progress of the work, and where at the discretion of the Elec- trical Inspector or his Assistant it is necessary, he shall post notice on the premises stating that work is approved and may be covered, or it is not approved and may not be covered, until such further inspection as is necessary has been made. Any person removing, destroying, altering or defacing said notice without the consent of the Electrical Inspector, shall be deemed guilty of an offense under this section, and any work described in said notice shall be stayed pending the further necessary inspection. Upon completion of the work which has been authorized ,by the issuance of a permit, it shall be the duty of the licensed electrician, to whom the permit has been issued, to immediately notify the Electrical Inspector, who shall inspect or cause to be inspected, such installation within thirty -six (36) hours, exclusive of Saturdays, Sundays, and holidays, of the time such notice is given. (b) Final Certificates of Approval If the work is found to be in compliance with the provisions of this ordi- nance, the Electrical Inspector, subject to the other applicable provisions of this ordinance, shall issue a final Certificate of Approval to the public utility company furnishing the electrical service or to the person supplying the energy, which certification shall authorize connection of such approved work to the source of energy of the electrical service, the turning on of the current, and the use of the installation. No connection shall be made until such authorization and final certificate is issued. OP Ordinance No. 191 9 APPENDIX 3 GAS CODE ADOPTED A booklet entitled "Standard Gas Code 1991 Edition" as amended and as hei amended, at least one (1) copy of which is on file in the office of the Building OfficL College Station, Texas, is hereby adopted and designated as the Gas Code of the Station, Texas. AMENDMENTS TO GAS CODE A- The above - entitled Gas Code is hereby amended as follows: 1. Article 306.1 is amended by deleting therefrom the following: Copper and brass. 2. Article 306.2 is amended to read as follows: '306.2 - Underground Service Line. Service lines underground shall be standard weight wrought iron, galvanized steel, black steel protected against soil corrosion with an approved type protective coat- ing, or polyethylene pipe, tubes and fittings conforming to AS.T.M. D- 2513 -57 and C.S. 255.63, and shall be installed according to manufacturer's recommendations. Field wrapping shall be limited to short sections stripped for threading and fittings." 3. Article 306.3 is amended by deleting therefrom the following: "Plastic Pipe Polyvinyl Chloride type 1, 2 & 3 ". 4. Article 308.4.2 is amended by deleting therefrom the following: Item 3 of Section 308.4.2. S. Article 308.5 is amended by deleting therefrom the following: Item 2 of Section 308.5. 6. Article 309.3.3 is amended by deleting therefrom the following term as used in Items 1, 2 and 3: Plastic. 7. Article 309.5.2 is amended by including the following addendum: "Gas lines must not be installed in duct systems used for supply or return of conditioned air.' 8. Article 311.2 - Testing, is amended by changing "6 inches of Mercury" to read as follows: "ten inches (10 ") of Mercury." 9. Articles 314.1 and 314.2 are amended by deleting therefrom the following: "Use of Plastic." 10. Article 605.4 is amended by deleting therefrom the following: "Single wall vent pipe." �W C Ordinance No. 1919 Page 37 APPENDIX 4 MECHANICAL CODE ADOPTED A booklet entitled "Standard Mechanical Code 1991 Edition" as amended and as hereafter may be amended, as least one (1) copy of which is on file in the office of the Building Official of the City of College Station, Texas, is hereby adopted and designated as the Mechanical Code of the City of College Station, Texas. Ordinance No. 1919 Page 38 APPENDIX S STANDARD PLUMBING CODE ADOPTED A booklet entitled "Standard Plumbing Code 1991 Edition" as amended and as hereafter may be amended, at least one (1) copy of which is on file in the office of the Building Official of the City of College Station, Texas, is hereby adopted and designated as the Plumbing Code of the City of College Station, Texas. AMENDMENTS TO PLUMBING CODE r A- The above -named Plumbing Code is hereby amended as follows: Section 404 is amended to read as follows: "404 - Individual or Private Sewage Dis- posal System. When there is no sewer available within two hundred feet (200), an approved private disposal system may be installed. Private sewage systems must comply with City of College Station's Code of Ordinances (refer to Chapter 11, Section 2). Owners are required at their expense to have City sewer extended to their property if not over one hundred fifty feet (150). If over this distance, owner must agree to connect to City sewer when made available (within 60 days of written notice as referred to in Chapter 11, Section 2, of the College Station Code Ordi- nances). All private sewage disposal systems must comply with the latest, adopted standards of the Texas Department of Health and be constructed under the direc- tion of Brazos County Health Department. The installer must be registered with the State Health Department as a Registered Private Sewer Facilities Installer! 2. Table 500 - Materials and Uses is amended with the following deletions: Materials Govemincr Standards per 501.3 Asbestos - Cement Sewer Pipe Asbestos - Cement Sewer Underdrain Pipe Asbestos - Cement Storm Drain Pipe Polyolefin Laboratory Drainage Systems Large Diameter Ribbed PVC Sewer Pipe and Fittings Polybutylene Pipe & Tubing (PB) Number 2110 Polybutylene Pipe & Tubing (PE) Number 2305, 2306, 3306, 3406, 3408 ASTM C 429 -81, (1985) ASTM C 644 -78 ASTM C 508 -88 ASTM C 633 -83 CAN /CSA -B 181.3 -M86 CAN /CSA -B 182.4 -M90 .ASTM D 2662 -88, ASTM D 2666 -88, Listed, See 504.3 ASTM D 2104 -88, ASTM D 2239 -88, ASTM D 2737 -88, Listed, See 504.3 Ordinance No. 1919 PE Insert Fittings Cross - linked Polyethylene (PE}) Tubing Systems for Pressure PVC Injection Molded Gasketed Fittings and Pressure Applications Polybutylene (PB) Plastic Hot Page 39 ASTM D 2609 -88, Listed CAN /CSA -B 137.5 -M89, Listed CAN /CSA -B 137.2 -M89, Listed ASTM D 3309 -88a, Listed 3. Table 500 is amended to read as 'Plastic pipes or fittings are not allowed for water distribution inside a building." 4. Table 500 is amended to read as 'Type M copper is not allowed for pressure piping." S. Section 801.6 is amended to read as follows: "801.6 - Sand Traps. All garage, auto laundries, or gasoline or oil filling stations having car wash racks shall install and maintain in proper repair an approved sand trap in accordance with the plans and specifications on file in the office of the Plumbing Inspector." 6. Section 905.2 - Connections, is amended by adding the following statement: "Connections behind bathtubs. All connects behind tubs shall have access panels." 7. Section 1205.1.1 is amended by the deletion therefrom of "type M copper" from the materials for water piping. 8. Section 1210.1.1 is amended by the deletion therefrom of the following materials: Type M Copper, Polyvinyl Chloride (C.P.V.C.) plastic pipe, and Polybutylene (P B) plastic pipe. 9. Section 1205.5 is amended to read as follows: "1205.5 - Water Supply Control. 6n approved gate valve shall be installed in the water service pipe on the property side of the meter and protected by an approved enclosure with a removable cover and a covered valve box over cut off.' 10. Section I104.2.3 is amended to read as follows: "1104.2.3 - Depth of Building Sewer. Building sewers must be installed with a minimum of twelve inches (12 ") of cover. Where conditions prohibit the required amount of cover, cast iron pipe with caulked or approved mechanical joints must be used unless other means of protecting the pipe is provided. Use of cast iron of twelve inches (12 ") depth cannot be main- tained." 11. Section 1411.3 is amended to read as follows: "1411.3 - Multi -Story Wet Venting. Water closet re -vents must be two inches (2'), not one and one -half inches (1 1/2 "). Under these circumstances, a four inch (4 ") building drain must be used and not a three inch (3 "). (See Diagrams No. 1 and No. 2.)" Ordinance No. 1919 APPENDIX 6 STRUCTURAL STANDARDS CODE A, TITLE AND SCOPE 1. The provisions embraced in this section shall constitute and be known as "The Structural Standards Code" of the City of College Station, Brazos County, Texas. The code establishes minimum standards for occupancy, and does not replace or modify standards otherwise established for construction, replacement, or repair of buildings except as are contrary to the provisions of this code. 2. Every building, structure, or dwelling, permanent, movable, or mobile, shall conform to the requirements of this code regardless of the primary use of such building, structure, or dwelling, and regardless of when such building, structure, or dwelling may have been constructed, altered, or repaired. 3. This code is hereby declared to be remedial, and shall be construed to secure the beneficial interests and purposes thereof (which are public safety, health, and general welfare) through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use, and occupancy of buildings, dwellings, and structures (permanent, movable, and mobile). 4. The code does not alter the provisions for the immediate security or demolition of hazardous structures in cases where there exists imminent danger to human life or health. 5. Existing Buildings The provisions of this code shall apply to any building, dwelling, or structure regardless of when said building, dwelling, or structure was constructed, altered, or repaired. 6. Maintenance All buildings or structures, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safe- guards which are required by this code in a building when erected, altered, or repaired, shall be maintained in good working order. The owner, or his designated agent, shall be responsible for the maintenance of buildings, structures, and premises to the extent set out in this code. The tenant shall be responsible for the maintenance of buildings, structures, and premises to the extent set out in this code. Moving Dwellings and Structures The owner of any dwelling or structure, or his designated agent, shall secure a permit from the Building Official at the City Hall of the City of College Station, Texas, before moving a dwelling or structure into, within or out of the City limits, and be responsible to the extent to this code. 8. Pending Actions Nothing in this section or in the code hereby adopted shall be construed to affect any suit or proceeding now pending in any court, or any rights acquired or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired, or affected by this section. Ordinance No. 1919 Page 41 B. GENERAL MINIMUM STANDARDS FOR BASE EQUIPMENT AND FACILITIES No person shall occupy as owner - occupant or let or sublet to another for occupancy any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleep- ing, cooking, or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements: 1. Sanitary Facilities Required Every dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, and a water closet all in good working condi- tion and properly connected to an approved water and sewer system. Every plumbing fixture and water waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions. 2. Location of Sanitary Facilities All required plumbing fixtures shall be located within the dwelling unit and be accessible to the occupants of same. The water closet and tub or shower shall be located in a room affording privacy to the user and such room shall have a minimum floor space of thirty (30) square feet. 3. Hot and Cold Water Supply Every dwelling unit shall have connected to the kitchen sink, lavatory, and tub or shower an adequate supply of both cold water and hot water. All water shall be supplied through an approved pipe distribution system connected to a potable water supply. 4. Water Heating Facilities Every dwelling shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are 60 capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, or shower at a temperature of not less than one hundred twenty degrees (1202) Fahrenheit. Such water heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of this section are not in operation. 5. Heating Facilities (a) Every dwelling unit shall have heating facilities which are properly installed, are maintained in safe and good working conditions, and are capable of safely and adequately heating all habitable rooms and bathrooms in every dwelling unit located therein to a temperature of at least seventy degrees (7M) Fahrenheit at a distance three feet (3') above floor level, under ordi- nary minimum winter conditions. (b) Where a gas or electric central heating system is not provided, each dwelling unit shall be provided with sufficient fireplaces, chimneys, flues, or gas vents whereby heating appliances may be connected so as to furnish a minimum temperature of seventy degrees (702) Fahrenheit measured at a point three feet (3') above the floor during ordinary minimum water condi- tions. Cooking and Heating Equipment All cooking and heating equipment and facilities shall be installed in accordance with the building, gas, or electrical code and shall be maintained in a safe and good working condition. 7. Garbage Disposal Facilities Every dwelling unit shall have access to adequate garbage disposal facilities or garbage storage containers, type, and location of which facilities or containers comply with the regulations for solid waste disposal. Ordinance No. 1919 Page 42 C, MINIMUM REQUIREMENTS FOR LIGHT AND VENTILATION No person shall occupy as owner- occupant or let or sublet to another for occupancy, any dwelling or dwelling unit designed or intended to be used for the purpose of living, sleep- ing, cooling, or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements: Habitable Rooms - Windows and Skvliohts. (a) Every habitable room shall have at least one (1) window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be seven percent (7 %) of the floor area of any such room, except sleeping rooms where the minimum total window area shall be the lesser of seven percent (7 %) of the floor area or twelve (12) square feet. If light obstructing structures are located less than five feet (5') from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a sky- light type window in the top of such room, the total window area of such skylight shall equal at least fifteen percent (15 %) of the total floor area of such room. (b) Year -round mechanically ventilating conditioned air systems may be sub- stituted for windows, as required herein, in rooms other than rooms used for sleeping purposes. 2. Habitable Rooms - Ventilation Every habitable room shall have at least - one (1) window or skylight which can easily be opened, or such other device as will ad- equately ventilate the room. The total of openable window area in every habitable room shall equal to at least forty -five percent (45 %) of the minimum window area size or minimum skylight type window size, as required, or shall have other approved, equivalent ventilation. 3. Bathroom Every bathroom shall comply with the light and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with an approved ventilation system. 4. Electric Lights and Outlets Required Every dwelling shall be wired for electric lights and convenience receptacles. Every habitable room in such dwelling shall contain at least two (2) separate floor or wall-type electric convenience outlets; and every kitchen, bathroom, laundry room, furnace room, corridors or hallways, and porches shall contain at least one (1) supplied ceiling or wall-type electric light fixture. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of elec- tric power in a safe manner. Light in Public Halls and Stairways Every public hall and stairway in every multiple dwelling containing five (5) or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four (4) dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting. All public out- door walkways or sidewalks within multiple dwelling complexes shall be adequately lighted at all times. Adequate lighting shall be defined as an average horizontal foot candle level of 0.2 lumens per square foot with no value of less than 0.02 lumens per square foot. Ordinance No. 1919 MINIMUM REQUIREMENTS FOR ELECTRICAL SYSTEMS Page 43 No person shall occupy as owner- occupant or let or sublet to another for occupancy any building, dwelling, or structure, nor shall any vacant building, dwelling, or structure be permitted to exist which does not comply with the following requirements: General All fixtures, receptacles, equipment, and wiring shall be maintained in a state of good repair, safe, capable of being used and installed and connected to the source of electric power in accordance with the adopted Electrical Code of the City of College Station, Texas. (a) Where the determination is made, upon examination of existing electrical service supply, that such electrical service supply is obsolete or is being used in such manner as would constitute a hazard to life and property, the following shall be used for determining the adequacy of such service supply and main disconnect switch: Total Number of Capacity of Main Service Lighting Electrical Supply and Main Disconnect Outlets Only Switch 0 -24 60 amp service 25 -50 100 amp service E.. (b) The minimum capacity of the service supply and the main disconnect switch shall be sufficient to adequately carry the total load required in accordance with the Electrical Code of the City of College Station, Texas. GENERAL REQUIREMENTS FOR THE EXTERIOR AND INTERIOR OF STRUCTURES No person shall occupy as owner- occupant or let or sublet to another for occupancy any building, dwelling, or structure, nor shall any vacant building, dwelling, or structure be permitted to exist which does not comply with the following requirements: 1. Fou ndation . The building foundation walls, piers, or other structural elements shall be maintained in a safe manner and capable of supporting the load which normal use may cause to be placed thereon. 2. Exterior Walls The exterior walls shall be substantially weathertight, watertight, and shall be made impervious to the adverse effects of weather and be maintained in sound condition and good repair. 3. Roofs Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the walls or interior portion of the building. 4. Means of Egress Every dwelling unit shall have safe, unobstructed means of egress with minimum ceiling height of seven feet (7') leading to a safe and open space at ground level. 5. Stairs, Porches, and Appurtenance Every inside and outside stair, porch, and any appurtenance thereto, shall be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair. 6. Protective Railings Protective railings shall be required on any unenclosed struc- ture over five feet (5') from the ground level or on any steps containing four (4) risers or more. Ordinance No. 1919 Page 44 7. Windows and Doors Every window, exterior door, basement or cellar door, and hatchway shall be substantially weathertight, watertight, and rodent proof; and shall be kept in sound working condition and good repair. 8. Windows to be Glazed Window panes or an approved substitute shall be main- tained without cracks or holes. 9. Window Sash Window sash shall be properly fitted and weathertight within the window frame. 10. Windows to be Openable Every window required for light and ventilation for habitable rooms in dwellings or dwelling units shall be capable of being easily opened and secured in position by window hardware. 11. Hardware Every exterior door shall be provided with proper hardware and main- tained in good condition. 12. Door Frames Every exterior door of a dwelling or dwelling unit shall fit reasonably well within its frame so as to substantially exclude rain and wind from entering the dwelling building. 13. Screens (a) In dwelling buildings without central heating furnaces and air conditioning equipment for mechanically ventilating the building year- round, every door opening directly from a dwelling unit to outdoor space shall have screens 40 and a self - closing device; and every window or other opening from a dwelling unit to outdoor space, used or intended to be used for ventilation, shall likewise have screens. (b) Dwelling buildings containing central heating furnaces and air conditioning equipment for mechanically ventilating the building year -round are not required to have screens on door openings. (c) Non -owner occupied dwelling buildings containing central heating furnaces and air conditioning equipment for mechanically ventilating the building year -round and required to have screens by building regulations applicable to their construction or reconstruction shall have all such screens main- tained in working order. (d) The management of non -owner occupied dwelling buildings containing central heating furnaces and air conditioning equipment for mechanically ventilating the building year -round and not otherwise required to have screens shall make screens available to the tenants who request them under the following terms: (1) A reasonable refundable deposit, the amount of which for any apartment complex may be appealed to the Structural Standards Board, may be required to be paid for each such installation for replacement. (2) Each management shall keep on hand a sufficient quantity of screen assemblies to fulfill normal demand within seven (7) working days of any request for installation. (3) Where a screen is required for an opening which can serve no purpose for ventilation, the Building Official, after inspecting the premises in the presence of the tenant and the manager, may Ordinance No. 1919 relieve the management of the Such determination shall be in provided in subsection 202.5(c). Page 45 obligation of fulfilling the request. writing and subject to appeal as (4) Notice of the availability of screens and the terms under which they may be installed shall be posted in the place or places where rents are collected and will be delivered to each occupied dwelling unit during the first month of the lease term. 14. Protective Treatment All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. 15. Accessory Structures Garages, storage buildings, and other accessory structures shall be maintained and kept in good repair and sound structural condition. 16. Interior Floors, Walls, and Ceilings Every floor, interior wall, and ceiling shall be substantially rodent proof; shall be kept in sound condition and good repair; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. 17. Structural Supports Every structural element of the building, dwelling, or structure shall be maintained structurally sound and show no evidence of deterioration which would render them incapable of carrying the loads which normal use may cause to be placed thereon. so 18. Protective Railings for Interior Stairs Interior stairs and stairwells with more than four (4) risers shall have handrails located in accordance with the requirements of the building code. Handrails or protective railings shall be capable of bearing nor- mally imposed loads and be maintained in good condition. 19. Notification of Flood Hazards If a dwelling unit is damaged by flooding, it shall be the responsibility of the owner or his agent to provide prospective tenants or pur- chasers with a written record describing all flood damage within the past ten (10) years. F. MINIMUM DWELLING SPACE REQUIREMENTS No person shall occupy as owner- occupant or let or sublet to another for occupancy any dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, or eating therein, nor shall any vacant dwelling building be permitted to exist which does not comply with the following requirements: 1. Required Space in Dwelling Unit Every dwelling unit shall contain at least one hundred fifty (150) square feet of floor space for the first occupant thereof and at least one hundred (100) additional square feet of floor space per additional occu- pant. 2. Required Space in Sleeping Rooms In every dwelling unit of two (2) or more rooms, every room occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping purposes for more than one (1) occupant shall contain at least fifty (50) square feet of floor space for each occupant thereof. Minimum Ceiling Height At least one -half (1/2) of the floor area of every habitable room foyer, hall, or corridor shall have a ceiling height of at least seven feet (7'); and the floor area of that part of any room where the ceiling height is less than Ordinance No. 1919 Page 46 seven feet (7') shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof. Occupancy of Dwelling Unit Below Grade No basement or cellar space shall be used as a habitable room or dwelling unit unless: (a) The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness. (b) The total of window area in each room is equal to at least the minimum window area size as required in subsection 102.1 of this code. (c) Such required maximum window area is located entirely above the grade of the ground adjoining such window area. (d) The total of openable window area in each room is equal to at least the minimum as required under subsection 102.2 of this code, except where there is supplied some other device affording adequate ventilation. G. SANITATION REQUIREMENTS No person shall occupy as owner- occupant or let or sublet to another (or occupancy any dwelling unit designed or intended to be used for the purpose of living, sleeping, cooking, or eating therein, nor shall any vacant dwelling building be permitted to exist when it does not comply with the following requirements: 1. Sanitation Every owner of a dwelling containing three (3) or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof. 2. Cleanliness Every occupant of a dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which he occupies and controls or which is provided for his particular use. 3. Garbage Disposal Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents and all rubbish in a clean and sanitary manner by complying with the applicable City ordinance. 4. Care of Premises (a) It shall be unlawful for the owner or occupant of a residential building, structure, or property to utilize the premises of such residential property for the open storage of any abandoned motor vehicle, ice box, refrigerator, stove, glass, building material, building rubbish, or similar items. It shall be the duty and responsibility of every such owner or occupant to keep the premises of such residential property clean and to remove from the premises all such abandoned items as listed above, including but not limited to weeds, dead trees, trash, garbage, etc., upon notice from the Building Official. Owners and occupants shall maintain lawn areas in a manner consistent with adjacent properties. (b) For the purpose of this section, an abandoned motor vehicle is defined as one that is in a state of disrepair and incapable of being moved under its own power. Ordinance No. 1919 Page 47 5. Extermination Every occupant of a single dwelling building and every owner of a building containing two (2) or more dwelling units shall be responsible for the extermination of any insects, rodents, or other pests within the building or premises. 6. Use and Operation of Supplied Plumbing Fixtures Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. G.. ROOMING HOUSES No person shall operate a rooming house, or shall occupy or let to another for occupancy any rooming unit in any rooming house, except in compliance with the provisions of every section of this code except the provisions of subsection 106. Water Closet, Lavatory, and Bath Facilities (a) At least one (1) flush water closet, lavatory basin and bathtub or shower, properly connected to a water and sewer system and in good working con- dition, shall be supplied for ch four (4) rooms within a rooming house wherever said facilities are shared. (b) All such facilities shall be located on the floor they. serve within the dwelling so as to be reasonably accessible from a common hall or pas- sageway to all persons sharing such facilities. 2. Water Heater Required Every lavatory basin and bathtub or shower shall be supplied with hot water at all times. 3. Minimum Floor Area for Sleeping Purposes Every room occupied for sleeping pur- poses by one (1) person shall contain at least seventy (70) square feet of floor space and every room occupied for sleeping purposes by more than one (1) person shall contain at least fifty (50) square feet of floor space for each occupant thereof. 4. Exit Requirement Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of the governed area or of the state. S. Sanitary Conditions The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors, and ceilings, and for maintenance of a sanitary condition in every other part of the rooming house; and he shall be further responsible for the sanitary maintenance of the entire premises owned, leased, or occupied by the operator. H. UNSAFE STRUCTURES All structures, dwellings, apartment houses, rooming houses, buildings, or outbuildings which are unsafe, unsanitary, unfit for human habitation; or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, abandonment, or lack of adequate egress, are generally in contemplation of this section, unsafe buildings. All such unsafe buildings are hereby declared illegal and a public nui- sance and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of this section and the laws of the State of Texas. lor. Ordinance No. 1919 Page 48 DEFINITIONS The following definitions shall apply in the interpretation and enforcement of this section: Alter or Alteration means any change or modification in construction or occupancy. 2. Applicable Governing Body means the City Council, College Station, Texas, to administer and enforce the provisions of this code, as adopted or amended. 3. Approved shall mean approved by the Building Official. 4. Basement shall mean a portion of a building located partly underground but not having less than one -half (1/2) or more of its clear floor -to- ceiling height below the average grade of the adjoining ground. 5. Building shall mean any structure built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind. The term building shall be construed as if followed by the words "or part thereof." 6. Building Official shall mean the officer, or the person, charged with the administra- tion and enforcement of this section or his duly authorized representative. 7. Cellar shall mean any building which is wholly or partly underground, having one - half (1/2) or more of its clear floor -to- ceiling height below the average grade of the adjoining ground. 8. Dwelling shall mean any building which is wholly or partly used or intended to be used for living or sleeping by human occupants whether or not such building is occupied or vacant; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling, nor shall trailers be included as a dwelling. 9. Dwelling Units shall mean any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating whether or not such unit is occupied or vacant. 10. Extermination shall mean the control and extermination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods. 11. Family means one (1) or more persons living together, whether related by blood, marriage, or adoption, and having common housekeeping facilities. 12. Floor Area shall mean the total area of all habitable space in a building or structure. 13. Garbage shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food. 14. Habitable Room shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces. 15. Infestation shall mean the presence within or around a dwelling of any insects, rodents, or other pests. �r Ordinance No. 1919 Page 49 16. Multiple Dwelling shall mean any building or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of more than two (2) families living independently of each other and doing their own cooking in the said building, and shall include flats and apart- ments. 17. Openable Area shall mean that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. 18. Operator shall mean any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are let. 19. Owner shall mean the holder of the title in fee simple and any person, group of persons, company, association, or corporation in whose name tax bills on the prop- erty are submitted. It shall also mean any person who alone or jointly or severally with others shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or shall have charge, care, or control of any dwelling or dwelling unit, as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee, or vendee in possession, assignee of rents, lessee, or other person, firm, or corporation in control of a building, or their duly authorized agents. Any such person thus representing the actual owner shall be bound to comply with the provisions of this section, and to the rules and regula- tions adopted pursuant thereto, to the same extent as if he were .the owner. It is his responsibility to notify the actual owner of the reported infractions of these regula- tions pertaining to the property which apply to the owner. 20. Person shall mean and include any individual, firm, corporation, association, or partnership. 21. Plumbing shall mean the practice, materials, and fixtures used in the installation, maintenance, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with any of the following: sanitary drainage or storm drainage facilities, the venting system and the public or private water supply systems, within or adjacent to any building, structure, or conveyance; also the practice and materials used in the installation, maintenance, extension, or alteration of storm water, liquid waste, or sewerage, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. 22. Premises shall mean a lot, plot, or parcel of land including the buildings or struc- tures thereon. In the case of multi - dwelling units, each dwelling unit as defined in this section shall be considered a separate premise. 23. Public Areas as used in this code, means an unoccupied open space adjoining a building and on the same property, that is permanently maintained accessible to the Fire Department and free of all encumbrances that might interfere with its use by the Fire Department. 24. R epair means the replacement of existing work with the same kind of material used in the existing work, not including additional work that would change the structural safety of the building, or that would effect or change required exit facilities, a vital element of an elevator, plumbing, gas piping, wiring, or heating installations, or that would be in violation of a provision of law or ordinance. The term repair or repairs shall not apply to any change of construction. 25. Required means required by some provision of this code. Ordinance No. 1919 Page 50 26. Residential Occupancy means buildings in which families or households live or in which sleeping accommodations are provided, and all dormitories shall be classi- fied as residential occupancy. Such buildings include among others, the following: dwellings, multiple dwellings, and lodging houses. 27. Rooming House shall mean any dwelling, or that part of a dwelling containing one (1) or more rooming units, in which space is let by the owner or operator to three (3) or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator. 28. Rooming Unit shall mean any room or group of rooms forming a single habitable unit used or intended to be used for sleeping and living, but not for cooking or eating purposes. 29. Rubbish shall mean combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass crockery, and dust. 30. Stairway means one (1) or more flights of stairs and the necessary landings and platforms connecting them to form a continuous and uninterrupted passage from one (1) story to another in a building or structure. 31. Story means that portion of a building included between the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. 32. Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. The term structure shall be construed as if followed by the words "or part thereof." 33. Supplied shall mean paid for, furnished, or provided by or under control of the owner or operator. 34. Temporary Housing shall mean any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utility system on the same premises for more than thirty (30) consecutive days. 35. Ventilation means the process of supplying and removing air by natural or mechanical means to or from any space. 36. Yard means an open unoccupied space on the same lot with a building extending along the entire length of a street, rear or interior lot line. Whenever the words dwelling, dwelling units, rooming house, rooming units, or premises are used in this section, they shall be construed as though they were followed by the words "or any part thereof." Ordinance No. 1919 Page 51 APPENDIX 7 RESIDENTIAL ENERGY COMPLIANCE CODE ADOPTED There are hereby adopted regulations establishing minimum requirements for the design of new residential buildings and additions to existing buildings that provide shelter for residential occupan- cies, said regulations being specifically contained in a city code book entitled "College Station Residential Energy Compliance Code - 1988 Edition." Said "College Station Residential Energy Compliance Code," a copy of which is filed with the City Secretary, is hereby adopted as the official residential energy compliance code to the same extent as if set forth at length herein. Residential buildings which are not covered by said code are those that have more than 5,000 square feet of gross floor area per dwelling unit." II. That Sections 2, 3 and 7 of Chapter 3 of the Code of Ordinances of the City of College Station, are hereby deleted; and Sections 4, 5, 6, and 8 are to be renumbered as Sections 2, 3, 4 and 5. III. This ordinance shall become effective from and after its passage in accordance with the City Charter of the City of College Station. PASSED, ADOPTED and APPROVED this 10th day of October, 1991. APPROVED: Mayor L ge A TEST: itv Secret 'Va..