HomeMy WebLinkAboutOrd 1585 - permits and registrations for building related activities
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Ordinance No. 1585
AN ORDINANCE RELATING TO'PERMITS AND
, REGISTRATIONS FOR BUILDING-RELATED ACTIVITIES;
AMENDING THE CODE OF ORDINANCES OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. Sections 6.103, 6.104 and 6.301 of the Code of Ordinances of the
City of West University ~lace, Texas are hereby amended to read in their entirety,
and a new Section 1.009 is added to the Code of Ordinances, all as set out in
Appendix A, which is attached and made a part of this ordinance.
Section 2. This ordinance applies from and after its effective date. Any
. violations committed before the effective date are govemedby the ordinances in
effect before the effective date, and they are continued in effect for thispwpose.
Section 3 _ All ordinances and parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict only.
Section 4. If any word, phrase, clause, sentence, paragraph, section or other
part of this ordinance or the application thereof to any person or circumstance, shaH
ever be held to be. invalid or unconstitutional by any court of competent jurisdiction,
neither the remainder of this ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this ordinance to any other
persons or circwnstances, shall be affected thereby.
Section 5. The City Council officially finds, determines and declares that a
sufficient written notice of the. date, hour, place and subject of each meeting at
which this ordinance was discussed, considered or acted upon was given in the
manner required by the Texas Open Meetings Act~ as amended, and that each such
meeting has been open to the public as required by law at all times during such
discussion, consideration and action. The City Council ratifies, approves and
confirms such notices and the contents and posting thereof.
Section 6. This.ordinance shall.becomeeffectiveon March I, 1998.
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~ PASSED AND APPROVED ON FIRST READING, this 6ay of
~I..I ~ 1998
:J Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
,;U(
~ PASSED AND APPROVED ON SECOND READING, this.:lJ day of
!L4~ ' 19~R
. Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Mayor
Attest:
(Seal)
~~~
~etaIy ~ '
City Attorney
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Appendix A
Amend Section 6.10J as foUows:
Sec. 6.103. Registration of contractors.
(a) When required. It shall be unlawful for any perso~ to perform any work for which a
permit is required under this chapter (or to offer to perform it) in exchange for money or other
substantial consideration, unless such person is registered as a contractor as required by this.
chapter. It is an affirmative defense that one. or more of the following four sets of circumstances
. is present:
(1) The work in question is completely authorized by one or more licenses is-
sued by or under the authority of the City (for example, an electrician's li-
cense ).
(2) The work in question is completely authorized by a license issued by the
state (for example, a plumber's license), and the license is registered with
the City.
(3) . The work in question is performed by the owner of the site in question
without the involvement of any contractors.
(4) The person is a regular employee of a contractor who is registered as
required by this subsection and the person does the work (or offers to do
it) strictly asa servant or agent of the registered contractor.
(b) Application. A person desiring to register as a contractor with the Building Official
must:
(1) fill out and file with the Building Official the standard contractor's registra-
tion form prescribed by the Building Official (which shall include names,
addresses, telephone numbers, driver's license numbers, business structure
information, proof of insurance required by this section and other relevant
data);
(2) submit a new registration fonn on or before the tenth day fonowing the day
that any of the information in current fonn changes; and
(3) submit, prior to expiration, proof that each insurance policy in the current
registration is duly extended or replaced upon expiration.
(c) Insurance coverage. Registrants are required to have and maintain public liability
insurance with a combined single limit per occurrence no Jess than $300,000 (or with separate
limits each no . less than this amount), or higher limits if required by applicable state law.
(dllnsurance Criteria. All insurance policies must meet~ of the criteria regularly re-
quired for contractors on City construction jobs (City Fonne-IOt, or other standard fonn,as it
may be amended from time to time), except:
(1) the City need not be named as an additional insured; and
(2) there need not be a waiver of subrogation.
The Building Official may require that registrants submit a properly signed City fonn, or other
documents, as proof of insurance.
(e) Expiration. ~'et1OCtftiolJ. A contractor's registration becomes ineffective if:
APPENDIX A
P~ge 1
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(1) it is not renewed. prior to the time that any of the insurance policies
mentioned in the registration. is reduced, canceled or allowed to expire; or
(2) it is ICvoked 01 susp.eIlded bj the Ddilding Official. .
(0 Suspension. The Building Official may ~oke suspend a registration for failure to
maintain required insurance coverage. subject to the same 6ta1ldcll ds And procedures applicable to
the revocation of permits. If requested by the Building Official. and after notice to the registrant
and an opportunity for a hearing. the BSC may suspend a registration. if:
. ill The BSC determines that the registrant is responsible for three or more
building violations within anv I2-month period. "Building violations"
include all violations of this Code arising out of. .or relating to. building or
development activity. Violations of the Standard Codes Schedule and
violations ofChapters:3. 6. 8. 9. 12. 13. 15. 17. 19 and 22. for example.
can be "building violations." and this list is not exclusive.
ill The BSG determines that the registrant is responsible for any aggravated
building violation. Abuilding violation.is aggravated if: 0) it is committed
knowingly or intentionally after a specific warning .or admonishment. or (ii)
it is committed knawingly or intentionally and clearly causes harm to a
person or praperty~
Registrants are responsible for all .of the following: (i) building violations committed by the
registrant's .officers. agents. emplayees .or subcontractars. and (ii) building vialatians .occurring in
connection with activities under a permit for which the registrant is a permittee. Registrants are
not responsible for violations if the registrant demonstrates. ii~mWKffi~~:!if~jie and by clear
and convincing evidence. that the registrant couldnat reasonably prevenuhem.
(g) Nature of suspension: pr()()f. . Sus.pension is a nan-criminal administrative remedy. and
registrants. are responsible for the indicated violations regardless of whether criminal convictions
are. .or could be. .obtained. Hawever.evidence .of a criminal convictian may be used ta prove that
an indicated violation occurred. The burden is.on the Building Official to prove violations by
clear and convincing evidence. EmeDttohi~~mfiw~TemstfiHtnmirtlB~~eii;n\airei!lVetlisues.
(1) Lenfflh ofsuspensi()n: effect. . etc. .' The suspension periad shall be set in proportion to
the severity of the violations involved. but an:initial suspension lllay.not exceed 90 days. .Any
subsequent suspension of the same registrantshall be in effect until reinstated. Whena
registration is suspended. neither the registrant nar any "alter ega entity" is eligible far new
permits. The term "alter ega entity". includes:. (i) any praprietarship. iaint venture .or partnership
that includes the registrant. (ii)any person under comman .ownership. management .or control
with the registrant. and (ill) any ather person acting in concert with the registrant. Any current
permits . held by a suspended registrant maybe revaked .or suspended by separate praceedings.
(i) Reinstatement after suspension. . Upan applicatian bya persan with a suspended
registratian. the BSC may reinstate the registratian if either .of the fallawing sets .of circumstances
is present:
ill
The applicant demanstrates clearly.that the vialatians causing the
revacatian .or suspensian did nat. in fact. .occur. .or that the applicant was
not actually responsible far the vialatians.
The applicant has taken effective corrective action and has made all
ill
APPENDIX A
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changes necessa(y to prevent ~imilSllr violations from. Ocaln1Ag ill- die
future.
Reinstatement shall be conditioned QpOn complianr.p. with the theg,.CUm:Rt &iplieatioR
reouirements and DaVlnent. of required fees... .
Amend Section 6.104, lIS follows:
Sec. 6.104. Permit applications.
(a) Who must apply. An application for a permi~ whether original or renewal, must be
made to the Building Official by the general contractor. Exceptions: (i) if there is no general
contractor, the application must be made by the owner, lessee or other person controlling the site
who is acting as the general contractor, and (ii) applications for permits under specific ordinances
requiring a specially licensed or regulated person to perform the work (e.g.. plumber, electrician,
HV AC, street facilities, etc.) must be made by the licensed person.
(b) Contents. . The Building Official shall prescribe the content of applications and permits,
including all matters reasonably necessary to cany out the intent of this. chapter and to assist in
enforcement. The Building Official may require that the application include plans and
specifications and may require that they be previously submitted to and checked by City staff
Plans and specifications prepared by. an architect, engineer or other designer must be signed by
that person, or by another person with simiJarqualifications. Architect's and engineer's plans
must also be sealed. (Note: Some ordinances:require specific plans, specifications and
certifications; see, e.g., the Standard Codes Schedule requiring engineering plans for foundations.)
The Building Official may promulgate a short form application for small scale projects, and the
short form need not include all of the .items required for applications generally. Applications must
be accompanied by the applicable fees. The Building Official may require that applications be
verified.
(c) Master 1Jennits. The Buildin2 Official must require a master permit in the followin~
circumstances:
ill All the work is proposed to be done by a prime contractor and its subcontractors.
In this case. the prime contractor mu~t apply for a master permit to cover all the
work even.ifthere are se.parate. subordinate permits for part of the work
ill There are two or more permits in effect for the same premises at . the Same time. In
this case. one person must apply for a master permit to cover all the work. The
applicant may be a contractor or the owner. lessee or other personcontrol1in~ the
site who is acting as the general contractor.
The applicant for a master permit must affirm'that the applicant will direct all activities under the
master pennit and each subordinate permit. Each holder of a master pennit is deemed to be a
pennittee not only on the master permit. but also on each subordinate pe_ regardless of what
the permits themselves say. . Each holder of a. master permit is responsible for. and strictly liable
. for. any violations ~f this Code arising out 0(; or relating to. the master permit or any of the
subordinatepermits~ or allY activities under those permits.
APPENDIX A
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Add a new subsection (6) to SeeMn 6.301 (entided "In General'?, tIS foUows:
(b) Strict liabilitY: duty of permittees. It is the intent of this Code to impoqP. ~fTict Iiabilitj'
noon all nelsons or entities violatin!l this Chapter. Each permittee has a duty to preventviolation~ .
of this Codearisinfl out of. or relating to. the permit or activities under that person's pennit
Add a new section 1.009 to read as foUows:
Sec. 1.009. Culpable mental state; eorporations. .
Offenses under this Code may be. prosecuted without alleiing or Provini any C41pable
mental state. unless a culpable mental state is ~ressly made an element of the offense in
auestion. This Code is intended to UnDO" criminal resoonsibilitv on comorations and
associations.
APPENDIX A.
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