HomeMy WebLinkAbout08012019 BSC Agenda Item 3 STAFF REPORT
BUSINESS OF THE BUILDING AND STANDARDS
COMMISSION
City of West University Place, Texas
AGENDA OF: July 30, 2019 DEPARTMENT: Public Works
Development Svcs.
DATE SUBMITTED: August 1, 2019
PREPARED BY: C. Chew, CBO, CFM PRESENTER: C. Chew, CBO, CFM
Chief Building Official Chief Building Official
SUBJECT: Sidewalk ordinance modifications
Proposed changes to Chapter 18 Buildings and Development,
ATTACHMENTS: Chapter 70 Street Areas and Public Places and Appendix C
Technical Codes Schedule
STAFF SUMMARY
The City underwent a comprehensive sidewalk program from 2001-2008 that installed
sidewalks throughout the city. Staff has met to discuss the current policies and procedures
related to sidewalk standards. Modifications to Chapter 18 and 70 have been discussed as well
as the design standard detail. Portions of the sidewalk ordinances do not apply since the City
owns all sidewalks and is responsible for the maintenance and reconstruction for all sidewalks.
A sidewalk policy is being developed for Chapter 70 which staff will present to Council for
approval.
Staff Recommendation
Approve changes to Chapter 18 and Appendix C.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AMENDING CHAPTER 18, BUILDINGS
AND DEVELOPMENT, SECTION 18-62, CURBS, GUTTERS,
SIDEWALKS, AND CHAPTER 70, STREET AREAS AND PUBLIC
PLACES, ARTICLE III, SIDEWALKS, OF THE CODE OF ORDINANCES
OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS, TO REVISE
THE CRITERIA FOR CONSTRUCTING SIDEWALKS WITHIN THE CITY
AND CONTAINING FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS, THAT:
Section 1. Chapter 18, Buildings and Development, Section 18-62 of the Code
p9 p
of Ordinances of the City of West University Place, Texas is amended by the repeal of
the existingSection 18-62 and the adoption of a new Section 18-62 to read as set out in
p
Appendix A, attached hereto. All other Chapter1 ppo e portions of 8 of the Code of
Ordinances not specifically amended hereby remain in full force and effect.
Section 2. Chapter 70, Street Areas and Public Places, Article Ill, Sidewalks,
of the Code of Ordinances of the City of West University Place, Texas is amended by
the repeal of the existing Section 70-58 and the adoption of a new Section 70-58 as well
as the adoption of a new Section 70-60 to read as set out in Appendix B, attached
hereto. All other portions of Chapter 70 of the Code of Ordinances not specifically
amended hereby remain in full force and effect.
Section 3. All ordinances and parts of ordinances in conflict with this
Ordinance are 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, shall
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 circumstances, 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 takes effect immediately upon its passage and
adoption on second reading.
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PASSED, APPROVED AND ADOPTED ON FIRST READING on the day
of , 2019.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED,
on the day of , 2019.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Attest: Signed:
City Secretary (Seal) Mayor
Recommended:
City Manager
Approved as to legal form:
City Attorney
{00204054.doc} 2
Appendix A
(Language to be added shown by underline, language to be deleted shown by strike-
out).
Section 18.
Sec. 18-62. - Curbs, gutters, sidewalks.
(a) Required for major development, remodeling . It shall be the duty of each permittee for
any major development or any major remodeling to:
(1) Provide new sidewalks along all streets abutting the building site (front, side and
rear), including streets outside the city limits, meeting all criteria for formal acceptance
by the city for maintenance (see chapter 70 of this Code) as defined in Chapter 70.
Article III —Sidewalks and other applicable regulations; and
(2)
practicable, such facilities will function like new facilities and will appear to be sound.
In addition, for any site for which the building official certifies that an official city
sidewalk plan is being prepared but the actual construction has not yet occurred, the
permittee and the owner of the site must jointly sign and deliver to the city a formal
acknowledgment that:
a. They are aware that the plan is being prepared;
b. They agree to adjust, remove and replace all sidewalks abutting the site (including
conform to the plan when it is adopted; and
c. Such obligation shall "run with the land" and bind future owners of the site.
Such work shall be done promptly upon receipt of notice from the city. The notice must specify
the work necessary to conform to the plan. Note: See the special provision for interim waivers
of this requirement, in subsection (d).
(b) Exceptions .
(1) No sidewalk is required along the rear of a site containing at I ast 5,000 square feet
major thoroughfare within 50 feet of the site in question.
(2) If there is any existing sidewalk which cam be preserved or repaired so that it will
function as a new facility and will appear to be see-nd, the building official may allow it
to be used instead of new construction.
{3) In the case of a major remodeling, any required sidewalk may be omitted if its fair
market value would exceed ten percent of the fair market value of the other
remodeling work.
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(1) A sidewalk, curb or gutter is not required if the building official determines it would
cause a drainage problem or similar condition.
{5) A curb or gutter is not required if the building official determines that an official city
plan calls for installation, removal or reconstruction of the particular facility within five
years.
{6) A sidewalk is not required at a specific place if the building official determines that an
official city sidewalk plan specifically calls for no sidewalk at that place. Example: An
only.
(1) Sidewalks are required on both sides of all publicly maintained streets within the City
except local streets that have a width of less than 20 feet, in this case sidewalks will be
placed on one side of the street. Streets that meet this criteria are: 5300 to 6200
Rutgers, Westchester, Sewanee, Mercer and 3200 to 3500 Pittsburg, Duke.
(2) The foregoing exceptions do not limit the authority of the city council to require
sidewalks under chapter 70 or other applicable regulations.
(c) Permit details . The building permit application for each major development or major
remodeling must clearly illustrate the work necessary to comply with this section, and all
required work on sidewalks, curbs and gutters must be completed within the time allowed
for completion of the major development or major remodeling.
(d) Interim waivers . The building official shall waive the requirements of this section for
providing, replacing and repairing sidewalks (including any related modifications to curbs
and gutters), if:
(1) An official city sidewalk plan is being prepared for the site in question, but the actual
construction has not yet occurred;
(2) The cost of compliance with those requirements, as estimated by the building official,
has been deposited by the permittee or owner into a special fund maintained for that
purpose by the director of finance; and
(3) The permittee and the owner of the site jointly sign and deliver to the city a formal
acknowledgment that:
a. They have requested a waiver under this subsection;
b. The owner agrees to provide any easement that may be reasonably necessary to
allow construction of sidewalks under the official city sidewalk plan, while
avoiding unnecessary harm to qualified trees on or near the site;
c. Such obligation shall "run with the land" and bind any future owners of the site;
and
d. They understand the provisions for refunds (if any).
The director of finance shall maintain all funds deposited under this section and shall use them,
together with any interest earnings, only to design, construct, repair and replace sidewalks
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(including any related modifications to curbs and gutters) in the immediate area of the site for
which they were deposited. No refunds shall be made. Exception: If the official city sidewalk
plan, as adopted and constructed, provides no sidewalk on a street adjacent to the site in
question, the amount deposited for a sidewalk on that street shall be refunded to the then-
owner of the site, but only if that owner applies in writing to the director of finance within four
years following completion of the city's sidewalk construction at the site and provides proof of
ownership. The refund shall include interest earnings, as estimated by the director of finance.
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Appendix B
(Language to be added shown by underline, language to be deleted shown by strike-
out).
Chapter 70. Article III. - Sidewalks
Sec. 70-58. - Sidewalks required.
(a) In general . Sidewalks are required in the City of West University Place, Texas and shall
follow the following design criteria. Persons are required to construct sidewalks in the
circumstances required by chapter 18. In addition, the city council has the authority to
order certain work on sidewalks in accordance with this chapter. Exception: This article
does not apply to sidewalks that have been formally accepted by the city for maintenance
(see section 70 2, above), unless they are damaged or destroyed by an act or omission of:
(1) The abutting owner or other person in€er el of the abutting property;
(2) A tenant, invitee, contractor, officer,-a-gent, employee or other person acting with the
consent or approval of either the abutting owner or a person in control of the abutting
property.
(b) Ordering work . If, after a public h arin-g, the cityeeuncil finds it necessary that sidewalks
be constructed, reconstructed, repaired or brought to grade in the street area abutting the
side, front or rear of any property in the city, the city council may:
{1) Designate the locations; and
{2) Order that the work be done within a specified time period.
{c) Notice to owners . If the city council orders such work, the building official shall notify the
owners of the abutting property. The net+ce shall include a copy of the order and
specifications for the work promulgated lay the wilding official or public works director.
{d) Performing the work . Each owner who receives such a notice shall have the specified time
period in which to cause the work-te be de-he. If the work has not been done when the
time period expires, the city may:
{1) Cause the work to be done (or completed, in case it is partially done); and
{2) Determine the reasonable cost and assess it to the abutting owner.
The work may be done (or completed) by city forces or by a city contractor.
{e) Costs; lien . The city council's determination e.cast is conclusive. The cost of the work
shall:
{1) Be billed to the abutting owner;
{2) Be payable, with interest, at the city's finance office;
{3) Shall bear legal interest from the date payment is made for the work; and
{-1) Shall be a lien against abutting property.
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{f) Recorded statement . The mayor may make a statement, under oath, showing the cost of
such work done in a street area abutting a parcel of property. The statement may include
more than one parcel. The statement shall give the name of each owner of abutting
property (as known to the mayor) and a description of each parcel sufficient to identify it.
No mistake of name of the owner or description of the parcel shall vitiate or defeat any
claim for payment or lien. The statement shall be filed for record in the office of the county
clerk. When filed for record, it shall:
(1) Fix the amount stated as a preferred lien against each respective parcel of property,
superior to all other liens, claims or titles except lawful taxes;
(2) Constitute a personal demand against the owner of each parcel; and
{3) Be prima facie evidence that all necessary preliminary things have been done to
establish each lien and the amount thereof.
{g) Enforcement . Any such lien may be foreclosed by the institution of suit in any court of
competent jurisdiction in the county. If the claim is placed in the hands of an attorney for
collection, or if suit is filed thereon, the costs thereof including a reasonable attorney's fee,
shall be added thereto.
Sec. 70-59. - Change of street, sidewalk grade or line.
This section applies to projects where the city changes or alters the lines or grades of
streets or sidewalks. The city may make such changes without liability to abutting owners or
others on the part of the city by reason of said change. If the line or grade of a sidewalk is
changed, but is in good condition and does not, in the opinion of the building official require
entire reconstruction, the owner or owners of the abutting property may be given notice to:
(1) Break said sidewalk back to a point fixed by the building official; and
(2) Remove the broken portion and reconstruct said portion on the line and grade
determined by the building official, at the cost of said owner. This work may be
required, and the cost may be assessed, in the same manner as other work on
sidewalks.
Sec. 70-60—Driveway and Sidewalk Requirements
(a) Where there are tree canopies overhanging any portion of the driveways or sidewalks a
root protective layer of 6 mil poly shall be placed on top of the ground, under the rebar
which will protect any root system that could be become damaged from the concrete. No
tree roots 1" diameter or larger shall be cut of damaged without approval of City Forester.
(b) No water meters, water valves, hydrants valves or cleanouts shall be installed in paved
areas unless approved in writing by the City of West University Place Building Official.
(c) On side street entry garages, the garage door shall be 18 feet minimum from the closest
edge of the public sidewalk.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS; AMENDING APPENDIX C, TECHNICAL
CODES SCHEDULE, SECTION C-104, INTERNATIONAL BUILDING
CODE OF THE CODE OF ORDINANCES OF THE CITY OF WEST
UNIVERSITY PLACE, TEXAS, BY ADOPTING A NEW
SUBSECTION C-104-4 TO ESTABLISH CONSTRUCTION CRITERIA
FOR SIDEWALKS AND CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST UNIVERSITY PLACE, TEXAS, THAT:
Section 1. Appendix C, Technical Codes Schedule, Section C-104,
International Building Code of the Code of Ordinances of the City of West University
Place, Texas is amended by the adoption of a new Subsection 104-4 to read as set out
in Appendix A, attached hereto. All other portions of Appendix C of the Code of
Ordinances not specifically amended hereby remain in full force and effect.
Section 2. All ordinances and parts of ordinances in conflict with this
Ordinance are repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph, section or other
part of this Ordinance or the application thereof to any person or circumstance, shall
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 circumstances, shall be affected thereby.
Section 4. 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 5. This Ordinance takes effect immediately upon its passage and
adoption on second reading.
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K .
PASSED, APPROVED AND ADOPTED ON FIRST READING on the day
of , 2019.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED, APPROVED AND ADOPTED ON SECOND READING, AND SIGNED,
on the day of , 2019.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Attest: Signed:
City Secretary (Seal) Mayor
Recommended:
City Manager
Approved as to legal form:
City Attorney
{00204055.doc} 2
r .
Appendix A
(Language to be added shown by underline, language to be deleted shown by strike-
out).
APPENDIX C - TECHNICAL CODES SCHEDULE
Sec. C-104. - International Building Code.
1. The administrative officer is the building official. All hearings, variances etc. are handled by
the BSC.
2. On sites primarily used for residential purposes, all roofs must have Class A or better fire
residence, as determined under Section 1505.1, except that wooden roofing materials are
forbidden.
3. The foundation for each new building (and each new addition to a building) must meet all
the criteria in this section, as applicable. Exception. if the building or addition does not
contain habitable space (as defined in the IBC), it must meet only the requirements for
"nonhabitable space," as indicated below.
a. Definitions. In this section:
"A2LA Lab" means a laboratory accredited by the American Association for Laboratory
Accreditation on the basis of ISO/IEC 17025:1999 ("general requirements for the
competence of testing and calibration laboratories").
"RLPE" means a licensed or registered professional engineer of the State of Texas
who is:
(1) Listed with the State Board of Professional Engineers in the structural branch;
(2) Employed by a registered engineering firm of the State of Texas; and
(3) Covered by professional errors and omissions insurance that: (i) has limits of at
least $500,000.00 per claim (and at least $1,000,000.00 per year, aggregate) and
(ii) has effective dates-including any retroactive coverage date-that include the
entire period when the person provides services or takes actions regulated by this
section.
"RLGE" means a person who is:
(1) Either:
(a) A registered professional geoscientist of the State of Texas, or
(b) A licensed or registered professional engineer who is listed with the State
Board of Professional Engineers in a relevant branch of engineering (civil,
structural or geological) and employed by a registered engineering firm of the
State of Texas; and
(2) Covered by professional errors and omissions insurance that:
(i) Has limits of at least $500,000.00 per claim (and at least $1,000,000.00 per
year, aggregate) and
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(ii) Has effective dates-including any retroactive coverage date-that include the
entire period when the person provides services or takes actions regulated by
this section.
b. Engineering. Foundations must be constructed in accordance with complete plans and
specifications prepared, signed and sealed by a RLPE. The plans and specifications
must be prepared specifically for the site of the work, and they must meet criteria as to
scope, content and form specified by the building official. If there are existing trees
(either to remain or to be removed) within 20 feet of a foundation, the RLPE must
acknowledge, in writing, that the trees have been taken into account in the preparation
of the plans and specifications.
c. Basic standards. Each foundation must be an approved basic type listed in the
following chart. In addition, the design of each foundation must be supported by a
geotechnical report and special engineering certification, to the extent indicated in the
following chart.
Approved Basic Types. Geotechnical Report. Special Engineering
See Note 1. See Notes 2 and 3. Certification.
See Note 4.
Structural slab with void space and deep
foundations Limited Not required
Structural floor with crawl space and deep
foundations Limited Not required
Stiffened structural slab with deep Full Required
foundations
Stiffened non-structural slab with deep Full Required
foundations
Mixed-depth system for all new building
construction Full Required
Mixed-depth system for building additions Full Required
with deep foundations
Another type approved by special exception As specified in the As specified in the
issued by the BSC. See "i" below. special exception special exception
Note 1. Approved Basic Types. Types of foundations are defined and described in
"Foundation Design Options For Residential and Other Low-Rise Buildings on
Expansive Soils" published by the Structural Committee of the Foundation
Performance Association, Houston, Texas (Document # FPA-SC-01-0, Rev #0, 30 Jun
04, marked "For Website Publishing"), a copy of which is on file in the City Secretary's
office ("FDO").
Note 2. Geotechnical Report, Standards. The plans and specifications for each
foundation must be based on a written geotechnical report prepared, signed and
sealed by a RLGE. The report must cover all testing and site evaluation, and all must
meet all applicable criteria in "Recommended Practice for Geotechnical Explorations
and Reports" published by the Structural Committee of the Foundation Performance
Association, Houston, Texas (Document # FPA-SC-04-0, Rev#0, 11 April 2001, issued
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for website publishing), a copy of which is on file in the City Secretary's office. The
report may be limited as allowed by Note 3 below. The minimum depth of borings is 20
feet in all cases. All required tests and other laboratory work must be performed by an
A2LA Lab.
Note 3. Geotechnical Report, Scope. "Limited" indicates that the geotechnical testing,
evaluation and report may be limited to a determination of the appropriate depth for the
deep foundations (but the deep foundation components must meet the other criteria
applicable to them). "Full" indicates that the geotechnical testing, evaluation and report
must cover all foundation components.
Note 4. Special Engineering Certification. Where indicated as "required," for a
particular type of foundation, the RLPE must certify that the plans and specifications
were prepared to achieve a soil-caused foundation movement potential of one inch or
less, and that the RLPE used the estimated depth of the active zone and at least two of
the following methods to prepare the plans and specifications:
(1) Potential vertical rise (PVR) determined in accordance with Test Method Tex-
124-E, Rev. January 1, 1978/December 1982, Texas State Department of
Highways and Public Transportation, Materials and Test Division, "Method for
Determining the Potential Vertical Rise, PVR" (a copy of which is on file in the
office of the City Secretary). For this purpose, the "dry" moisture condition (from
which little shrinkage is experienced, but where volumetric swell potential is
greatest) shall be used for each sample and test.
(2) Swell tests performed in accordance with ASTM D4546-03, "Standard Test
Methods for One-Dimensional Swell or Settlement Potential of Cohesive Soils" as
last revised prior to June 1, 2004.
(3) Suction and hydrometer swell tests performed in accordance with ASTM D5298-
03 "Standard Test Method for Measurement of Soil Potential (Suction) Using Filter
Paper" and ASTM D6836-02 'Standard Test Methods for Determination of the Soil
Water Characteristic Curve for Desorption Using a Hanging Column, Pressure
Extractor, Chilled Mirror Hygrometer, and/or Centrifuge," as such methods were
last revised prior to June 1, 2004.
d. Foundations, Deep Support Components. Deep support components must be of an
approved type. Approved types are listed below. In this list, types of deep support
components are defined and described in FDO.
(1) Drilled and under-reamed concrete piers.
(2) Drilled straight-shaft concrete piers.
(3) Auger-cast concrete piles.
(4) Another type approved by special exception issued by the BSC. See "i." below.
e. Reinforcement. Reinforcement for each foundation must be of an approved type.
Approved types are listed below. In this list, types of reinforcement are defined and
described in FDO.
(1) Deformed bar reinforcing.
(2) Another type approved by special exception issued by the BSC. See "i," below.
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f. Observation and Certification. Each foundation must be professionally observed
and must be certified by an RLPE, as more fully described below:
(1) Observations must:
(i) Be performed either by the certifying RLPE or by one or more persons under
that RLPE's direct supervision and control whose professional qualifications
are approved by the RLPE (any such person may be an RLGE, with respect to
geophysical matters);
(ii) Include actual measurement of piers, fill, compaction, reinforcement, forms,
materials, dimensions, structural elements, attachments, etc. before the work
is covered or concrete is placed (Note: dimensions of an underground element
may be measured or estimated from the forms, boring or cavity for the
element, before pouring or filling);
(iii) Be performed continuously during placement of concrete; and
(iv) Be documented in a form and manner approved by the building official
(which may include photographs).
(2) Certifications must:
(i) Refer to and be based upon the professional observations required by this
section;
(ii) State that the work complies with the plans and specifications last approved
by the building official (with any field changes that are ordered by the RLPE
and reported to the building official and that comply with applicable
regulations);
(iii) Comply with criteria as to form and content as may be specified by the
building official;
(iv) Be signed and sealed by the certifying RLPE; and
(v) Be filed with the building official.
(3) Certifications may:
(i) Rely in part upon an attached certification by a RLGE, as to geophysical
matters;
(ii) Rely in part upon an attached certification by an A2LA Lab, as to materials
testing; and
(iii) Be expressed as a professional opinion based on RLPE's knowledge,
information and belief that does not constitute a guarantee or warranty,
express or implied.
Before framing or other work commences on top of a foundation (and before the
foundation is otherwise covered), the permittee must obtain written
acknowledgment from the building official that the certification for the foundation
was duly filed as required above. Certifications, plans, specifications and related
items must be kept on file by the City, available for public inspection, for the
retention period required by public records laws and may be kept longer (for an
indefinite period of time).
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•
g. Curing concrete. All concrete piers, footings and foundations must be cured for at least
72 hours before any significant load is placed on them.
h. Nonhabitable space. This paragraph applies to buildings and additions to buildings that
do not contain habitable space (as defined in the IBC). Footings, beams and monolithic
slabs with integral footings shall be constructed of masonry or reinforced concrete
rated at 2,500 psi @ 28 days (except for accessory buildings with only one story and
less than 200 feet of gross floor area). Each building must have footings, beams and
slabs of reinforced concrete assuming a soil bearing capacity of 1,500 psi; see R-403
of the IRC. All footings and beams shall be at least 24 inches deep and at least 12
inches wide and shall extend at least 12 inches below the undisturbed soil level.
Reinforcement for concrete footings and beams must include at least two #5 deformed
bars top and bottom, grade 60 (or better). Slabs must be reinforced with #4 deformed
bars, grade 60 (or better), spaced no wider than 16-inches on center each way. Post-
tensioned slab or cable foundations are not allowed.
i. Special exceptions. Excluding the requirement for professional errors and omissions
insurance, the BSC may issue a special exception from any other requirement in
subsection "a" through "h," above, but only upon a showing that:
(1) The requirement will not affect life safety or the performance of a structure; or
(2) An alternate requirement to be imposed by the special exception will provide
equal or better protection for life safety and long-term structural performance.
However: In connection with any special exception, the BSC may require that the
applicant provide supporting engineering data and opinion, and the BSC may
impose conditions to carry out the purpose and intent of applicable regulations.
j. Elevation of bottom floor. Each foundation shall have an elevation of at least 24 inches
above standard base level.
4. The public sidewalk for each new building and substantial improvement must meet all
the criteria in this section, as applicable.
a. Sidewalks shall be constructed with Portland cement concrete 4 inches thick with
compressive strength of 3,000 psi and 4 foot minimum width,
b. Sidewalks through driveways shall be thickened to 6 inches and 5 feet wide to meet
ADA turn-around requirements.
c. Plastic chairs shall be used to hold reinforcement steel at 2 inches high.
d. 3/4 inch redwood joints shall be placed at intervals of 20 feet maximum throughout the
entire length and construction joints shall be placed every 5 feet.
e. Sidewalks shall be 5 inches thick if laid in a tree root zone. Urban forester must be
contacted prior to installation.
f. Sidewalk shall not have any joints in the root zone unless it is located at a driveway.
Urban forester must be contacted prior to installation.
g. The finish on all public driveway approaches and sidewalks shall be natural concrete. No
pigment, color, tile, brick or patterning shall be placed or installed.
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h. Conduit under pavement shall be minimum Schedule 40 PVC.
5. Sheathing (gypsum board) and trim must comply with this section, as follows:
a. All walls and ceilings within a R-1, R-2, R-3 and R-4 type occupancy shall be sheathed
with Type X gypsum board at least 5/8 -inch (15.9 mm) thick. Exception: Where
applicable code (IBC, IRC) requires otherwise for moisture protection.
b. All exterior trim (e.g., soffit, fascia, window trim, chimney trim, etc.) must be made of
treated lumber or noncombustible materials.
6. Structural elements, engineering, etc. must comply with the following section:
a. Scope.
(1) The structural elements for the following must meet the criteria in this section, as
applicable:
(i) Each new building (and each addition to an existing building) containing
habitable space and having either a gross floor area of 485 square feet or
more or a finished floor height greater than four feet; and
(ii) Each accessible deck, porch, balcony, walkway and similar structure with a
finished floor height greater than four feet.
(2) This section does not apply to foundation elements observed and certified under
another section.
b. Definitions. In this section:
Height is measured from the "standard base level" as provided in the Zoning
Ordinance.
A2LA Lab means a laboratory accredited by the American Association for Laboratory
Accreditation on the basis of ISO/IEC 17025:1999 ("general requirements for the
competence of testing and calibration laboratories").
RLPE means a registered or licensed professional engineer of the State of Texas who
is:
(1) Listed with the State Board of Professional Engineers in the structural branch;
(2) Employed by a registered engineering firm of the State of Texas; and
(3) Covered by professional errors and omissions insurance that: (i) has limits of at
least $500,000.00 per claim (and at least $1,000,000.00 per year, aggregate) and
(ii) has effective dates-including any retroactive coverage date-that include the
entire period when the person provides services or takes actions regulated by this
section.
c. Engineering; Plans and Specifications. Structural elements must be constructed in
accordance with complete plans and specifications prepared, signed and sealed by a
RLPE. The plans and specifications must be prepared specifically for the structure in
question, and they must meet criteria as to scope, content and form specified by the
building official.
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d. Specific Requirements.
(1) Framing; Sheathing. All framing must include full exterior sheathing with
structural elements (or blocking) along all joints. The plans must indicate the type,
size and spacing of fasteners. All sheathing must be minimum 7/16 " structural
wood panels. In walls where plumbing, drain, waste or vent lines are located, the
framing members must be two inches by six inches or larger.
(2) Trusses, Joists, Etc.
(i) The species and grade of all lumber used for trusses, joists, purlins, purlin
supports or similar elements must be specified in the plans.
(ii) The length, spacing and direction of trusses and joists must be specified in
the plans.
(iii) Each manufactured wood truss must comply with applicable requirements of
the "National Design Standard For Metal Plate Connected Wood Truss
Construction" published by Truss Plate Institute (TPI), 1-2000 Ed. The design
and specifications of any truss built on the site (and any other truss not
already certified as meeting such TPI requirements), must be included in the
plans and specifications.
(3) Utility-grade lumber may not be used for joists, rafters or vertical framing.
(4) Windspeed clips and straps must meet these minimum requirements:
(i) Clips: Simpson Strong Tie H2.5 or equal, installed on every other member as
follows: rafter to double top plate.
(ii) Straps I rafters : Simpson Strong Tie LSTA 18 or MSTA 18 or equal installed
rafter to rafter over ridge, on every other member.
(iii) Strap I beams for porches, patios, garage doors: Simpson Strong Tie
LSTA15 or MSTA15 or equal, installed two on each end of each beam,
strapped to post/support.
(iv) Purlins: Simpson Strong Tie LSTA 15 or MSTA 15 or equal, installed to
rafters and spaced no wider than 48 inches on center, also installed on purlin
braces and tied to purlins and brace supporting members.
e. Observation and Certification. Structural elements must be professionally
observed and must be certified by an RLPE, as more fully described below:
(1) Observations must:
(i) Be performed either by the certifying RLPE or by one or more persons
under that RLPE's direct supervision and control whose professional
qualifications are approved by the RLPE;
(ii) Include actual observation of structural elements and attachments in
crawl spaces before they are covered by floors or other materials;
(iii) Include actual observations of each beam, joist, rafter, truss and similar
element, including each related weld and high- strength bolt: (1) after all
required plumbing, electrical and mechanical "rough-in" inspections have
been passed and all expected "notching," boring and similar work has
been done, and (2) before the item is covered; and
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(iv) Be documented in a form and manner approved by the building official
(which may include photographs).
(2) Certifications must:
(i) Refer to and be based upon the professional observations required by
this section;
(ii) State that the portions of the work required to be observed comply with
the plans and specifications last approved by the building official (with any
field changes that are ordered by the RLPE, reported to the building
official and in compliance with applicable regulations);
(iii) Comply with criteria as to form and content as may be specified by the
building official;
(iv) Be signed and sealed by the certifying RLPE; and
(v) Be filed with the building official.
(3) Certifications may:
(i) Rely in part upon attached certifications by:
(1) An A2LALab, as to materials testing, and
(2) An inspector certified by the City of Houston, as to welds or high-
strength bolts (or meet the provisions of Section 1704.3 of the IBC);
and
(ii) Be expressed as a professional opinion based on the RLPE's
knowledge, information and belief that does not constitute a guarantee or
warranty, express or implied.
Before any a beam, joist, rafter, truss, weld, high-strength bolt or similar
element is covered: (i) all required city inspections relating to that element
must be passed, and (ii) the permittee must obtain written acknowledgment
from the building official that the certification for that element was duly filed as
required above. For any given building, there may be more than one
certification filed.
After a beam, joist, rafter, truss, weld, high-strength bolt or similar element has
been observed and certified, as provided above, it may not be notched, bored
or structurally altered without: (i) a new or amended permit, if required, and (ii)
a new observation and certification, in accordance with this section.
Certifications, plans, specifications and related items must be kept on file by
the city, available for public inspection, for the retention period required by
public records laws and may be kept longer (for an indefinite period of time).
f. Special Exceptions. Excluding the requirement for professional errors and omissions
insurance, the BSC may issue a special exception from any other requirement in
subsection "a" through "e", above, but only upon a showing that:
(1) The requirement will not affect life safety or the performance of a structure (for its
estimated useful life); or
(2) An alternate requirement to be imposed by the special exception will provide
equal or better protection for life safety and long-term structural performance.
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However: In connection with any such special exception, the BSC may require that the
applicant provide supporting engineering data and opinion, and the BSC may impose
conditions to carry out the purpose and intent of applicable regulations.
7. Delete: All appendices of the International Building Code.
8. In Section 1612.3, the referenced flood study (with FIRM and FBFM) means the "Flood
Insurance Study for Harris County, Texas and Incorporated Areas," dated June 18, 2007
(revision date), with the most effective Flood Insurance Rate Maps and/or Flood Boundary-
Floodway Maps (FIRM and/or FBFM) dated June 18, 2007 (map revised date).
9. In Section 3410.2, the blank date shall mean the date of that edition of the IBC, as adopted
by the City.
10. If work done on a building within any 12-month period constitutes, cumulatively, a
"substantial improvement" (as defined in the City's flood damage prevention ordinances,
e.g., Section 18-272 of this Code), the owner shall—to the extent reasonably practicable—
make the building comply with current code provisions for new construction regarding: (i)
structural components (except foundations) and (ii) life safety features (hand and guard
rails, smoke detectors, safety glazing, ground fault circuit interrupters, arc-fault combination
breakers, emergency egress from sleeping rooms, locking devices on required egress
components, etc.). To determine the "market value" of a pre-existing building, the most
current tabulation of square foot construction costs published by the International Code
Council (usually as part of "Building Valuation Data." see e.g.,
www.iccsafe.org/cs/techservices) shall be used.
11. If a building is "substantially damaged" (as defined in the City's flood damage prevention
ordinances, e.g., Section 18-272 of this Code), the owner shall cause it to be: (i) secured to
prevent entry by unauthorized persons, within 24 hours after all embers are extinguished
(or other damaging occurrence has ended) and (ii) either demolished (in accordance with
Chapter 18 of this Code) or rebuilt in conformity with applicable technical codes as though it
were a new building. Normal permits (including certificate of occupancy) are required. Work
to demolish or rebuild must begin within 60 days following the date the occurrence ends
and must be completed within a reasonable time, but not longer than the time allowed by
the applicable permit(s). To determine the "market value" of a pre-existing building, the
most current tabulation of square foot construction costs published by the International
Code Council (usually as part of "Building Valuation Data," see, e.g.,
www.iccsafe.org/cs/techservices) shall be used.
12. All basement construction for each new building (and each new basement for an existing
building) shall meet the requirements of this section.
a. Definitions.
'A2LA Lab", "RLPE" and "RLGE" have the same meaning as stated in [Sub]section
3.a. of this Section C-104 above.
b. Soil Testing and Design. Soil testing and designs shall meet all the criteria set out in
this Section C-104, as well as the following additional mandatory requirements:
(1) The minimum depth for test boring holes shall be 30 feet.
(2) The RLPE shall certify that the plans and specifications were designed using a 1
inch potential vertical rise. Potential vertical rise (PVR) to be determined in
accordance with Test Method Tex-124-E, Rev. January 1, 1978/December 1982,
Texas State Department of Highways and Public Transportation, Materials and
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•
Test Division, "Method for Determining the Potential Vertical Rise, PVR" (a copy of
which is on file in the office of the City Secretary). For this purpose, the "dry"
moisture condition (from which little shrinkage is experienced, but where
volumetric swell potential is greatest) shall be used for each sample and test.
(3) The RLPE shall certify that the plans and specifications were designed assuming
water level rises to ground level for all hydrostatic and uplift pressure designs.
c. Foundation, Basement Walls and Floors. Foundations shall meet all the criteria set out
in this Section C-104, as well as the following additional mandatory requirements:
(1) The entire foundation of the building and the walls and floor of the basement shall
be cast-in-place concrete.
(2) Shoring shall be required during any and all excavation. All shoring shall be
designed based on the recommendations of the RLGE and approved by the
RLPE.
(3) All foundation walls shall be designed to resist the earth pressures at-rest and to
resist full hydrostatic loading to ground surface. If the soil tests indicate the
presence of expansive soils, the walls shall be designed to resist lateral swelling
pressures also.
(4) Minimum wall and floor thickness shall be: Wall = 8 inches, Floor = 8 inches.
(5) Minimum reinforcement of all concrete shall be two layers of #4 grade 60 rebar
16 inches on center each way.
(6) Minimum concrete testing shall consist of testing each truck with 7 and 28 day
test breaks with an approval letter from the RLPE delivered to the office of the
building official and acknowledged by the same prior to continuing any further
construction.
(7) Minimum concrete strength shall be 3,000 PSI at 28 days.
(8) Monolithic concrete placement is mandatory for all walls, wall to wall connections
and in floors. Wall to floor connections may be monolithic or segmented.
d. Drainage. Foundation drainage plans, outside and inside of a basement, shall include
the following minimum requirements:
(1) Drains shall be provided around all concrete foundations that retain earth and
enclose habitable or usable spaces located below grade. Gravel or crushed stone
drains, perforated pipe or other approved systems or materials shall be installed at
or below the area to be protected and shall discharge by gravity or mechanical
means into an approved drainage system. Gravel or crushed stone drains shall
extend at least 1 foot (305 mm) beyond the outside edge of the footing and 6
inches (152 mm) above the top of the footing and be covered with a commercial
grade filter cloth Type A woven or non-woven, non-bio degradable plastic yarn
meeting at a minimum all of the following ASTM Standards: Grab tensile strength
(ASTM D 1682 @ 90 lbs. min.; Burst strength (ASTM D 751) @ 100 psi min.;
Equivalent opening size (OES) @ 40 min., 100 Max. Perforated pipe shall be
covered with the above filter membrane material and placed on a minimum of 2
inches (51 mm) of washed gravel or crushed rock at least one sieve size larger
than the pipe opening or perforation and covered with not less than 6 inches (152
mm) of the same material. There must be a granular drainage layer beneath the
floor slab.
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(2) Separate sump pumps for outside and inside the basement which shall be a
minimum of 1/4-horsepower sump pumps. The sump pumps shall be rated at four
times the estimated seepage rate and shall discharge away from the building to
the public storm sewer system. The drainage systems shall be provided with a
positive means of preventing backflow. Pumps shall be accessible for removal and
maintenance.
(3) Emergency power supply for sump pumps shall be provided. Natural Gas or LP
Gas (10 gallon storage maximum) systems allowed, no battery systems shall be
allowed. Systems shall be located outside, not in basement area.
e. Waterproofing. Waterproofing shall include the following minimum requirements:
(1) The entire exterior basement walls shall be covered with waterproofing materials
designed for below grade/soil contact that will withstand the stated hydraulic
pressures per the soil report.
(2) The exterior wall waterproofing shall be protected with a protection board of
extruded polystyrene or equal non-bio degradable product.
f. Mechanical, Electrical or Plumbing. Mechanical, electrical or plumbing equipment shall
meet all the requirements set out in Section 18-67 of the City's Buildings and
Development ordinances as well as the following additional requirements:
(1) Minimum height above finished floor of the basement for the base of any such
equipment shall be eighteen (18) inches.
(2) Gas fired appliances shall not be allowed inside any basement.
(3) Conditioned space (e.g. air/heat) shall be at the discretion of the owner.
(4) Access to basement shall be by stairway. Trap door access shall not be
permitted.
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