close
As used in this article, the following terms shall have the meanings given below. The definitions set forth in title 16, Texas Residential Construction Commission Act, Texas Property Code, as amended from time to time, are hereby adopted and incorporated by reference herein.
Builder.
A person or business entity meeting the definition set forth in section 401.003, Texas Property Code.
Building official.
The person or persons designated to inspect building or construction or designated to enforce the provisions of this chapter.
Living space, habitable space.
Interior space in a residential building used for purposes of living, eating, sleeping or sanitary needs.
Residential construction.
Construction described by section 401.003(a)(1), (2), and (3), Texas Property Code.
State residential construction commission (TRCC) or successor agency.
The state agency which has oversight and authority over building standards of residential housing in the state (state agency 370) under title 16, Texas Property Code.
(Ordinance 081908, sec. 2, adopted 8/19/08)
(a) 
Work requiring permit; conditions.
No building or structure or part thereof shall be hereafter constructed, erected, altered, moved, or placed within the city unless all appropriate permits to comply with this chapter shall have first been issued for such work. No permit shall be issued by the city for building or for the installation of the city’s water and wastewater services or a private sewage facility upon any lot in a subdivision or confirming plat for which a final plat has not been approved by the city and filed for record, or upon any lot in a subdivision in which the standards contained in the city’s subdivision ordinance, as amended, or referred to therein have not been complied with in full. No site clearance, excavation, grading, or land fill on public or private land shall commence unless all applicable permits shall have first been issued for such work.
(b) 
Exception for work by owner.
Any owner may make minor improvements and ordinary repairs on any structure without a permit provided that such improvements and repairs conform to all applicable building laws and codes. The building official shall have the right to inspect all such improvements or repairs and determine whether a permit is necessary.
(Ordinance 081908, sec. 2, adopted 8/19/08)
(a) 
Except as provided by subsection (b), the city shall grant building permits only to builders who are registered with and approved by the TRCC.
(b) 
Subsection (a) does not apply to a home that is:
(1) 
Built by the individual who owns the home, alone or with the assistance of the individual’s employees or independent contractors; and
(2) 
Used by the individual as the individual’s primary residence for at least one year after the completion or substantial completion of construction of the home.
(c) 
Subsection (a) does not apply to a homeowner or to a homeowner’s real estate broker, agent, interior designer registered under chapter 1053, Occupations Code, interior decorator, or property manager who supervises or arranges for the construction of an improvement to a home owned by the homeowner.
(d) 
If a builder is exempt from registration with the TRCC, the builder must submit a signed, notarized statement to the permit clerk stating why the builder is exempt prior to starting the permit process.
(Ordinance 081908, sec. 2, adopted 8/19/08)
To obtain a permit under this chapter, the applicant shall first file an application therefor in writing. Each such application shall be accompanied by the required fee, which is set forth in division 2 of this article, and shall:
(1) 
Identify and describe the work to be covered by the permit for which application is made;
(2) 
Describe the land on which the proposed work is to be done, by lot, block, tract, and house or structure and street address, or similar description that will readily identify and definitely locate the proposed work;
(3) 
Indicate the use and occupancy for which the proposed work is intended;
(4) 
Be accompanied by plans and specifications as required in __________;
(5) 
State the valuation of the proposed work;
(6) 
Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate authority;
(7) 
For builders of residential construction, include proof of registration with the TRCC. It is the builder’s responsibility to determine whether the builder’s project is subject to TRCC regulations and registration requirements. If a builder is exempt from registration with the TRCC, the builder must submit a signed, notarized statement stating why the builder is exempt.
(8) 
Include the construction documents required by the city building code that applies to the work; and
(9) 
Give such other information as reasonably may be required by the building official to determine compliance with this chapter.
(Ordinance 081908, sec. 2, adopted 8/19/08)
(a) 
Review of plans and specifications.
The application, plans, specifications and other data filed by the applicant for a permit shall be reviewed by the building official. If the building official determines that the work described in an application and the required plans, specifications, and other data comply with this chapter and other applicable ordinances, and that all fees have been paid, he or she shall issue the permit to the applicant.
(b) 
Stamping of plans.
When the building official issues a permit where plans are required, the accepted plans and specifications shall be endorsed or stamped “received.” The plans and specifications marked “received” shall not be changed, modified, or altered without authorization from the building official. All work shall be done in accordance with the plans marked “received” unless directed otherwise in writing by the building official.
(c) 
Plans for part of work.
The building official may issue a permit for construction of part of a building, structure, or building service equipment before the entire plans and specifications for the whole building, structure, or building service equipment have been submitted or approved, when information and detailed statements have been filed with the city which the building official determines adequately comply with requirements of this article. The holder of a permit issued under this subsection may proceed with construction at his or her own risk, without assurance that the permit for the entire building or structure will be approved. No vested right shall arise under a permit issued under this subsection.
(d) 
Validity of permit.
The issuance of a permit, the acceptance of plans and specifications, and the written direction of the building official is not a permit for, or an approval of, any violation of any provision of this article or any other city ordinance. Issuance of a permit or directions based on plans, specifications, and other data shall not prevent the building official from thereafter requiring the correction of errors in the plans, specifications, and other data, or from preventing building operations being carried on thereunder when in violation of this article or other applicable city ordinances. No permit presuming to give authority to violate or cancel any requirement or provision of this article [shall be valid].
(e) 
Expiration and extension of permit.
(1) 
A building permit expires if work authorized by the permit is not commenced within 180 days. An extension may be granted by the building official for good cause. This extension must be requested before the permit expires and must be granted in writing to be effective.
(2) 
A building permit expires if work authorized by the permit, once begun, is suspended or abandoned for more than 180 days. A single extension of up to 180 days may be granted by the building official for good cause. The extension must be requested before the permit expires and must be granted in writing to be effective.
(3) 
After a building permit has expired, no work shall be commenced until a new permit has been applied for, fees paid and the permit has been issued by the building official.
(Ordinance 081908, sec. 2, adopted 8/19/08)
(a) 
Generally.
Before issuing a permit, the building official may examine or cause to be examined any building or electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. The building official shall inspect all buildings, structures, and electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. The building official shall make a record of every such examination and inspection and of all violations of the mechanical [sic] codes.
(b) 
Manufacturers and fabricators.
When deemed necessary by the building official, the building official shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the building regulations.
(c) 
Use of inspection service.
The building official may make, or cause to be made, the inspections required by this chapter. The building official may accept reports of inspectors of recognized inspection services, provided that after investigation the building official is satisfied as to their qualifications and reliability. A certificate called for 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) 
Inspections during progress of work; final inspection.
The building official shall inspect or cause to be inspected at various intervals all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, and electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the certificate of occupancy or completion.
(e) 
Posting of permit.
Work requiring a permit shall not commence until the permit holder or his or her 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 permit the building official or representative 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 or her 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 or her agent of any violations which must be corrected in order to comply with the technical codes:
(1) 
Building inspections.
(A) 
Foundation inspection: To be made after trenches are excavated and forms erected.
(B) 
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.
(C) 
Final inspection: To be made after the building is completed and ready for occupancy.
(2) 
Electrical inspections.
(A) 
Underground inspection: To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place.
(B) 
Rough-in inspection: To be made after the roof, framing, fireblocking and bracing is in place and prior to the installation of wall or ceiling membranes.
(C) 
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 inspections.
(A) 
Underground inspection: To be made after trenches or ditches are excavated, piping installed and before any backfill is put in place.
(B) 
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.
(C) 
Final inspection: To be made after the building is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy.
(4) 
Mechanical inspections.
(A) 
Underground inspection: To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place.
(B) 
Rough-in inspection: To be made after the roof, framing, fireblocking and bracing is in place and all ducting and other concealed components are complete, and prior to the installation of wall or ceiling membranes.
(C) 
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) 
Other inspections.
In addition to the required inspections specified above, the building official shall make, or require to be made, any other inspections of any construction work to ascertain compliance with the provisions of this chapter and other laws which are enforced by the city.
(Ordinance 081908, sec. 2, adopted 8/19/08)
A building permit and inspections shall not be required for the construction of buildings or other structures located outside of the city limits or for additions to or repairs to any such building or structure located outside of the city limits except in cases in which city utilities are required to be furnished to the subject building or structure. In those cases where city utilities will be required for buildings outside of the city limits, a fee for each such building permit shall be paid at the time of filing application in accordance with the city's adopted fee schedule.
(1989 Code, ch. 3, sec. 1(F); Ordinance 09-2022C adopted 9/20/2021)
(a) 
Fees.
For residential project permitting and inspection fees, refer to the city's adopted fee schedule.
(b) 
Reinspection fees.
In the event that any residential building or electrical, gas, mechanical, or plumbing system does not pass final inspection in regard to installation, the City shall have the right to charge an additional fee in accordance with the City's adopted fee schedule for each reinspection required.
(c) 
Certificates of occupancy.
Certificate of occupancy must be obtained for new homes and for residential addition projects. Refer to the city's adopted fee schedule for certificate of occupancy fees.
(d) 
Doing work without permit.
If work is started prior to the issuance of a permit by the city, a written warning or a citation may be issued with a maximum penalty of up to $250.00 per day for a first offense, and a maximum of $500.00 per day for repeat offenses. For new residential construction, the permit fee shall be increased to double the normal fee, in addition to any other penalties.
(e) 
ResCheck or IC3.
ResCheck or IC3 may be downloaded for free from the DOE website or the Texas Energy Systems Lab. All new construction and additions are required to meet the state energy code.
(Ordinance 091509, ex. A, adopted 9/15/09; Ordinance 081611 adopted 8/16/11; Ordinance 09-2022C adopted 9/20/2021)
(a) 
Applicability; asbestos inspection.
Commercial construction is anything that is not residential: churches, schools, offices, public buildings, restaurants, retail, some farm/ag projects, signs, industrial or manufacturing. By state law you must have an asbestos inspection before doing any work involving demolition or remodeling.
(b) 
Fees.
For commercial project permitting and inspection fees, refer to the city's adopted fee schedule.
(c) 
Reinspection fee.
In the event that any commercial building or electrical, gas, mechanical, or plumbing system does not pass final inspection in regard to installation, the City shall have the right to charge an additional fee in accordance with the City's adopted fee schedule for each reinspection required.
(d) 
Certificates of occupancy.
Certificates of occupancy are required for all commercial projects prior to occupancy/opening of business. After the final inspection, the builder must apply for the C.O. at the permit office. An inspection may be required prior to issuance of the C.O. Refer to the city's adopted fee schedule for certificate of occupancy fees. A new certificate of occupancy and inspection shall be required for any change of occupancy.
(e) 
Doing work without a permit.
If work is started prior to the issuance of a permit by the city, the cost of the permit increases to double the normal fee, and a written warning or a citation shall be issued. The maximum penalty for a first offense shall not exceed $250.00 per day, and for repeat offenses shall not exceed $500.00 per day.
(f) 
ComCheck.
ComCheck may be downloaded free from the DOE website. All new construction and some additions and remodel projects are required to comply with the state energy code.
(Ordinance 091509, ex. A, adopted 9/15/09; Ordinance 09-2022C adopted 9/20/2021)
The code enforcement authority, city police officers, the building official, and other designated inspectors, including the plumbing inspector, customer service inspector, and other similar trade inspectors authorized by the city administrator, are hereby authorized to enforce this division. A person authorized to enforce this code may issue a written warning in lieu of filing charges in municipal court; provided that issuance of a warning shall not be a prerequisite to filing charges in municipal court.
(Ordinance 091509, sec. 4, adopted 9/15/09)
Any person who shall violate any of the provisions of this division, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed $250.00 for a first offense, and not to exceed $500.00 for subsequent offenses. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein. Proof of a culpable mental state shall not be required to establish proof of violation of this division.
(Ordinance 091509, sec. 5, adopted 9/15/09)