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As used in this division, 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.
Fee inspector.
A person described by section 446.004, Texas Property Code.
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-B, sec. 1, adopted 8/19/08)
(a) 
The city adopts the building and inspection standards set forth in chapters 446 and 430, Texas Property Code, as amended from time to time, and any administrative regulations adopted under the authority of chapter 430, Texas Property Code, to be applicable to residential construction in the city limits (the “building and performance standards”). This division does not preempt, repeal, or replace the building codes adopted by the city, and any person engaging in construction activity shall be required to [comply with] all applicable city regulations. In the event of a conflict between the residential construction standards and another building code adopted by the city, the more restrictive provision shall control.
(b) 
This division applies to residential construction. No residential construction which is under contract or under construction at the time of the effective date of this division shall fall under the authority of this division.
(Ordinance 081908-B, sec. 2, adopted 8/19/08)
(a) 
Before commencing residential construction in the city limits or utility service area, a builder shall obtain a building permit from the city. Except as provided in section 3.03.094, the city shall grant building permits only to builders who are registered with and approved by the TRCC. Builders of residential construction shall be required to submit proof of registration with the TRCC at the time of application for a building permit, as well as any other information required by the city’s permit application. It is the builder’s responsibility to determine whether the builder’s project is subject to TRCC regulations and registration requirements.
(b) 
The permit fee shall be in accordance with the city's adopted fee schedule and is payable at the time of application for the permit. This fee does not include the fee required by the fee inspector. The city shall not regulate the fee arrangement between the fee inspector and the builder.
(c) 
The builder shall request an inspection by the city of the setbacks established by city ordinance. Builders will make arrangements with a fee inspector and cause to be performed the inspections set forth in the building and performance standards. Plumbing and electrical inspections as required by state law and city ordinances shall be coordinated and performed as required by city ordinance. At the time of application for the building permit, the builder will submit to the city the name(s) of fee inspector(s) performing required inspections. The fee inspector(s) shall be named on the building permit.
(d) 
Inspections performed by fee inspectors and which follow all guidelines and requirements of the residential construction standards and the TRCC shall be accepted by the city in lieu of any inspections required by the city for foundation, framing and mechanical systems, and final inspection for residential construction.
(Ordinance 081908-B, sec. 3, adopted 8/19/08; Ordinance 09-2022C adopted 9/20/2021)
(a) 
Section 3.03.093(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.
(b) 
Section 3.03.093(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.
(c) 
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-B, sec. 4, adopted 8/19/08)
(a) 
The fee inspector shall complete all inspection forms for inspections performed by the fee inspector under this division and file copies of the completed forms with the city. The city will keep a copy of all inspection forms on file at the city’s permit office.
(b) 
When all required inspections and documentation for a residential project have been completed, the builder or owner of the property shall apply for a certificate of occupancy (C.O.) from the permit clerk. If the residence has been sold, the city may provide the C.O. in the name of the buyer at the request of the builder.
(c) 
No person shall occupy residential construction until a certificate of occupancy (C.O.) has been issued for the residential construction. No C.O. will be issued for residential construction for which the applicable standards contained in the city’s regulations have not been complied with in full. A C.O. shall not be issued unless all required inspections of the residential construction have been successfully completed.
(d) 
If the home has been sold, the city may provide the C.O. in the name of the buyer at the request of the builder.
(e) 
The C.O. must be signed by the city’s permit clerk and by the city administrator or assistant city administrator prior to issuance.
(f) 
Refer to the city's adopted fee schedule for certificate of occupancy fees, which shall be paid at the time of request for the C.O.
(Ordinance 081908-B, sec. 5, adopted 8/19/08; ; Ordinance 09-2022C adopted 9/20/2021)
(a) 
The city may fine a builder up to $500.00 per day for beginning or performing residential construction without first obtaining a permit required by this division or for failing to have performed inspections required by this division. 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 the sum of five hundred dollars ($500.00). Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(b) 
Whenever any construction is being done contrary to the provisions of this division, or another controlling ordinance or statute governing the building, the building official, code enforcement authority, or other person designated by the city administrator (the “city’s representative”) may order the work stopped by notice verbally or in writing served on any persons engaged in the doing or causing such work to be done and the city’s representative shall post a stop work order on the property adjacent to the posted building permit, and any such persons shall forthwith stop such work until authorized by the city’s representative to proceed with the work. If no permit has been issued, all work shall stop until a permit has been properly issued and all errors corrected to the satisfaction of the city’s representative. The city’s representative may also issue a work correction order, which shall be served upon any persons who are working on a certain aspect of the construction project. The work on other aspects of the construction not in violation of the city’s ordinances may proceed, but work shall cease as to that aspect in violation of the city’s ordinances.
(Ordinance 081908-B, sec. 6, adopted 8/19/08)