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CH 03 BUILDING REGULATIONS (3) CHAPTER 3 BUILDING REGULATIONS SECTION 1: STANDARD ADMINISTRATIVE CODE A. CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS 1. Appointment There is hereby established a Board to be called the Construction Board of Adjustments 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 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 t 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. 3-1 Rev. 02/07 4. Appeals (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 Adjustments and Appeals whenever any one of the following conditions are claimed to exist: (i) 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 in- stallation 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. (iv) 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 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 applicant 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 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. Procedures 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. 3-2 Rev. 02/07 (b) Decisions. The Construction Board of Adjustments 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 disallowance of the Building Official or varies the application of any provision of this Code, the Building Official shall immediately take action in accordance 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. B. BUILDING AND STANDARDS COMMISSION 1. 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) Commission Members. The commission shall consist of five (5) members appointed by City Council 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) Chairperson. City Council will appoint one (1) member of the commission to serve as chairperson and one (1) member to serve as vice-chairperson on an annual basis. (c) 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. Any member shall be automatically removed, without the necessity of charges and a hearing, in the event that said member is absent from twenty-five percent (25%) or more of the regularly scheduled meetings in a twelve (12) month period. 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 testimony by persons opposing charges brought by the municipality through the Building Official or the Fire Marshal relating to alleged violations. The Commission shall (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 examinations 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. 3-3 Rev. 02/07 3. Representative The Building Official or the Fire Marshall is hereby designated as the representative of the municipality before the Building and Standards Commission. 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, 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 improvements; (d) relating to conditions caused by accumulations of refuse, vegetation or other matter that creates a breeding ground for insects and rodents. C. DANGEROUS STRUCTURES 1. The City may require the vacation, relocation of occupants, securing, repair, removal, or demolition of a structure that is: (a) dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare; (b) regardless of its structural condition, unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or (c) boarded up, fenced, or otherwise secured in any manner if: the building constitutes a danger to the public even though secured from entry; or the means used to secure the structure are inadequate to prevent unauthorized entry or use of the structure in the manner described in subsection (b) above. 2. Minimum Standards The minimum standards that shall determine the suitability of a structure for continued use or occupancy, regardless of the date of construction, are those found in th adopted Property Maintenance Code. 3. Public Nuisance All structures determined unsafe within the terms of this ordinance are hereby declared public nuisances and illegal and shall be vacated, secured, repaired, removed, demolished, or the occupants relocated as herein provided. 4. Investigation When the Building Official or the Fire Marshall determines, whether on his own initiative or as the result of a complaint, that a structure may be unsafe within the meaning of this ordinance, he shall do the following: (a) Conduct a drive-by inspection; 3-4 Rev. 02/07 (b) If the structure is occupied, present proper identification to the occupant and request entry to conduct an inspection; (c) If entry is refused or the structure unoccupied, an administrative search warrant must be obtained pursuant to Chapter 3, Section 1(6)(b) of the Code of Ordinances; (d) If the drive-by inspection and/or other facts suggest an emergency exists, an administrative search warrant is not required; (e) Upon completion of the inspection, the Building Official or Fire Marshall shall document any violations of this ordinance; (f) If, upon the conclusion of his investigation, the Building Official or the Fire Marshall concludes that there is probable cause to believe that the building is unsafe within the terms of this ordinance, he shall make a report to the Commission and give notice of a public hearing to the property owner(s), lienholder(s), and mortgagee(s) as herein provided. 5. Notice of Hearings (a) Notices Sent. The Building Official or Fire Marshall, or their designee, shall, at least ten (10) calendar days prior to the hearing date, send to each property owner 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 the notice on or near the front door of the structure; and (3) by publishing notice in the Bryan/College Station Eagle on two consecutive days. (4) Notice shall also be filed in the Official Public Records of Real Property in . (b) Violations. It shall be unlawful for any person to remove, deface or cover such notice posted pursuant to section 5(a)(2) above until after the date of the hearing. (c) Notice Contents. The notice of the hearing shall: (1) be in writing; (2) state the time and place of the hearing; (3) provide a legal description of the affected property; (4) list the name and address of the owner of the affected property if that information can be determined from a reasonable search of the instruments on file (5) list each owner, lienholder and mortgagee shown to have a legal interest in the property; (6) describe each violation of the municipal standards which allegedly exists; (7) state the action that will be recommended to the Commission by the Building Official or Fire Marshall which may include vacating, securing, repairing, removing or demolition of the structure or relocating occupants of the building; (8) provide a description of the hearing; 3-5 Rev. 02/07 (9) state that the owner, lienholder or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work; and (10) state that the City may perform any required work to abate the violation if the owner fails to do so. (d) Notice shall be provided to each mortgagee and lienholder in the same manner provided for in subsection (a) above. 6. Hearing Before the Commission (a) The Building Official or Fire Marshall shall request a public hearing before the Commission for the purpose of determining whether a structure is unsafe within the terms of this ordinance. The Building Official or Fire Marshall shall present all cases before the Commission. (b) In a public hearing to determine whether a structure complies with the standards the burden of proof to demonstrate the scope of any work that may be required to comply with the Code of Ordinances and the time it will take to reasonably perform such work. (c) The Commission shall provide each party an opportunity to present evidence and cross examine witnesses at the hearing. 7. Action of the Commission (a) Decision. Upon conclusion of the hearing, the Commission may declare a structure unsafe within the terms of this ordinance. (b) Commission Order. If the Commission determines the structure is unsafe within the terms of this ordinance, it shall proceed to determine whether the structure should be vacated, repaired, secured, demolished and/or the occupants relocated under the standards contained herein and in accordance with the following: (1) If the structure can be feasibly repaired or the dangerous condition remedied so that violations no longer exist, it shall be ordered repaired or remedied. Repairs shall be deemed feasible if the cost of repair, reconstruction or improvement of a structure, equals less than fifty percent (50%) of the market value of the structure. (2) In any case where fifty percent (50%) or more of the value of a structure is damaged or deteriorated, it shall be ordered demolished or removed, and in all cases where a structure cannot be repaired so that it will no longer be considered dangerous under the provision of this ordinance, it shall be demolished or removed. (c) Order. Upon determining that the structure should be either vacated, repaired, secured, demolished and/or the occupants relocated, the Commission shall issue an order stating that the required action be taken by the owner within a specified reasonable time as provided in subsection 8 below. (d) Notification to Owner. The Building Official or Fire Marshall shall, no later than the next working day after the Commission issues an order, mail by certified mail, return receipt requested, a copy of the order to the owner of the structure and to any mortgagee or lienholder. (e) Public Notice. Within ten (10) calendar days after the date the order is issued, the Building Official or Fire Marshall shall: (1) file a copy of the order in the office of the City Secretary; and 3-6 Rev. 02/07 (2) publish in the Bryan/College Station Eagle a notice containing the street address or legal description of the property, the date of the hearing, a brief statement indicating the results of the order, and instructions stating where a complete copy of the order may be obtained. 8. Compliance (a) Each order issued by the Commission shall require the owner to, within thirty (30) calendar days: (1) secure the structure from unauthorized entry; or (2) repair, remove, or demolish the structure, unless the owner, mortgagee or lienholder establishes at the hearing that the work cannot reasonably be performed within thirty (30) days. (b) In the event that the owner fails to comply with the order, the Commis may allow an additional thirty (30) calendar days to any lienholder or mortgagee to comply with subsection (a) above. (c) If the Commission allows the owner, mortgagee, or lienholder more than thirty (30) calendar days to repair, remove, or demolish the building, the municipality shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder or mortgagee to secure the property in a reasonable manner from unauthorized entry while the work is being performed, as determined by the Building Official or Fire Marshall. (d) The Commission may not allow the owner, lienholder, or mortgagee more than ninety (90) calendar days to repair, remove, or demolish the structure or fully perform all work to comply with the order unless the owner, lienholder or mortgagee: (1) submits a detailed plan and time schedule for the work at the hearing; and (2) establishes at the hearing that the work cannot reasonably be completed within ninety (90) calendar days because of the scope and complexity of the work. (e) If the Commission allows the owner, lienholder, or mortgagee more than ninety (90) calendar days to complete any part of the work required to repair, remove, or demolish the building, the Commission shall require the owner, lienholder, or mortgagee to regularly submit progress reports to the Building Official or Fire Marshall to demonstrate compliance with the time schedules established for commencement and performance of the work. The order may require that the owner, lienholder, or mortgagee appear before the Building Official or Fire Marshall to demonstrate compliance with the time schedules. If the owner, lienholder or mortgagee owns property, including structures or improvements on property within city boundaries that exceeds $100,000.00 in total value, the city may require the owner, lienholder or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing a building under this ordinance. In lieu of a bond, the city may require the owner, lienholder or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party approved by the city. The bond must be posted, or the th letter of credit or third party guaranty provided, not later than the thirtieth (30) day after the date the commission issues the order. (f) If the Building Official or Fire Marshall finds that the owner has failed to comply with the writing by certified mail, return receipt requested, with a copy of the order. (g) If the Building Official or Fire Marshall, finds that neither the owner nor the lienholder(s) and mortgagee(s) have complied, he shall notify the Commission. 3-7 Rev. 02/07 9. Abatement by City (a) If the unsafe structure is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the time allowed by order, the Commission may, upon the recommendation of the Building Official or Fire Marshall, order the City to vacate, secure, repair, remove, or demolish the ond or other financial guaranty that is required under paragraph 8 (e). (b) The Commission may order a structure repaired under subsection (a) above only to the extent necessary to bring the structure into compliance with the minimum standards and only if the structure is a residential building with ten (10) or fewer dwelling units. (c) secure, repair, remove, or demolish the structure or to relocate the occupants. Such charges shall include, but are not limited to: the expense of inspection or labor and equipment costs for preparation of the premises, work to secure, repair or demolish; clean up and remove debris; and landfill fees. (d) The Building Official or Fire Marshall shall certify the expenses incurred to (e) The City may assess expenses on, and the City shall have a lien against, the property on which the structure was located, unless the property is a homestead as protected by the Texas Constitution. (f) Notice of the lien shall be provided to the property owner. Notice of the lien shall contain: the name and address of the owner if that information can be determined with a reasonable effort; a legal description of the real property on which the structure was located; the amount of the expenses incurred by the City; the interest rate to be charged; and the balance due. (g) bear an interest rate of ten percent (10%) per annum until paid. (h) The lien for repair expenses may not be foreclosed if the property on which the repairs were made is occupied as a residential homestead by a person sixty-five (65) years of age or older. 10. Emergency Actions In cases where a structure is determined unsafe under the terms of this ordinance by the Building Official or Fire Marshall, and such structure or the manner of its use constitutes of danger or peril and where accidents or injuries are likely to occur. Under those the owner or occupant of the property to vacate, repair, remove or demolish the structure to the extent necessary to alleviate the imminent danger. If the owner, agent or occupant fails to comply with the order within seventy-two (72) hours, the City may vacate, repair, remove or demolish the structure and assess the expenses of such action against the property. Notice of the assessment and recovery of the expenses shall be in the manner provided for in section 9 of this ordinance. 3-8 Rev. 02/07 11. Appellate Review Any owner, lienholder, or mortgagee of record shall have the right to appeal the decision of the Commission to district court. The petition must be filed with the District Court Clerk within thirty (30) calendar days from the date the Commiser is mailed to the owner, lienholder, or mortgagee. Appeal in the district court shall be limited to a hearing appeal is taken within the thirty (30) calendar day time period. 12. Liability of City for Action Under This Ordinance Neither the City nor any authorized agent acting under the terms of this ordinance shall be liable or have any liability by reason of orders issued or work done in compliance with the terms of this section. D. 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. E. VIOLATIONS 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 permitted thereunder, shall be guilty of a misde- meanor. 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." 3-9 Rev. 02/07 SECTION 2: RIGHT-OF-WAY MAINTENANCE A. GOVERNING LAW; LIMITATIONS; COMPLIANCE (1) effect on the effective Date of this ordinance to the extent that such Charter and Code are not in conflict with or in violation of the Constitution and laws of the United States or the State of Texas. (2) This ordinance shall be governed in accordance with the laws of the State of Texas. B. CIVIL PENALTIES (1)Civil penalties may be imposed for the violation of any provision of this Chapter, as follows: (a) Up to One Thousand Dollars ($1,000.00) for each violation, and each day of a continuing violation may be considered a new violation; and/or (b) If applicable, default and revocation of any or all permits granted to allow work in the right-of-way, subject to the procedural guidelines noted in this chapter and any agreement which applies to the right-of-way user, and further subject to any limitations imposed by federal or state law. (c) In imposing the penalties and the amount, the City may weigh all applicable factors, such as damages caused by the violation, economic benefit to the violator, reasons for the violation, the seriousness of the violation, and all other factors. (2) Monetary civil penalties may be imposed in the manner prescribed by either local or state law. (3) In addition, the City Council may order specific performance of any actions required by this chapter or required by a franchise, license or permit, including the permit authorizing work to be performed in the rights-of-way, or any other agreement or authorization. (4) Prior to initiation of enforcement litigation, the user shall be given the opportunity to correct the violation within time frame specified by the City. (5) For the purposes of this Ordinance, when not inconsistent with the context, words, used in the present tense include the future tense, words in the plural include the singular, and words in the singular include the plural, and the use of any gender shall be applicable to common and ordinary meaning. C. CRIMINAL PENALTIES (1) That any person, firm, or corporation willfully and intentionally violates 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 Two Thousand Dollars ($2000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. D. DEFINITIONS For the purpose of this section, certain words as used herein are defined as follows: Person shall include unless otherwise required in context, a natural person, a legal entity or other group or organization. Facilities means all the plant and equipment including all tangible and intangible real and personal property without limitation, and any and all means and instrumentality in any manner 3-10 Rev. 02/07 owned, operated, leased, licensed, used, controlled, furnished, or supplied for, by, or in connection with its business. Owner means the person who owns the facilities located in the -of-way. Permit means the document issued by the City to the owner of the facilities that authorizes the use of the right-of-way by the owner to install and maintain its facilities. Permittee means the owner. User means a person who uses the -of-way to install its facilities. Right of Way means the surface of, and the space above and below a public street, road, highway, freeway, land, path, public way or place, alley, court, boulevard, parkway, drive, or other easement no or hereafter held by the City (including any street, as defined, which is acquired by eminent domain) for the purpose of public travel and shall include other easements or rights-of- way now or hereafter held by the City or in which the City has an interest (including any easements or rights-of-way acquired by eminent domain) which shall, with their proper use and meaning, entitle the City and a utility to use thereof for the purpose of installing facilities, and other property as may ordinarily be necessary and pertinent to a utility system Easement means and shall include any public easement or other compatible use created by dedication, or by other means, to the City for public utility purposes or any other purpose whatsoever. City means the City of College Station, Texas, a home-rule municipal corporation Applicant means the owner who submits an application to the City for a permit authorized under the terms and conditions set forth in this Ordinance. An application is not considered administratively comple authorized representative or if it does not contain all of the information required by the application or this ordinance or if the required fee has not been submitted with the application. Franchise means the user fee or charge that the City requires as payment for using its streets, rights-of-way, public ways, and easements of the City in order to construct, maintain, and operate a private utility system, and includes fees for permits or licenses. Invalid Permit a permit will not be considered valid if it contains information that is incorrect at the time it was submitted or if it is executed by an unauthorized representative or if the applicant has made any misrepresentation of material fact in the application. E. RIGHT-OF-WAY CONSTRUCTION. No person shall commence or continue with the construction, installation or operation of facilities within the right-of-way in the City except as provided by the ordinances of the City and the directives of the City. All construction activity in City right-of-way will be in accordance with this Chapter. F. REGISTRATION AND CONSTRUCTION PERMITS Registration. (1) In order to protect the public health, safety and welfare, all users of the right-of-way will register with the City of College Station Right of way users who are telecommunications providers and pay annual blanket right-of-way fees pursuant to Chapter 283 of the Texas Local Government Code as amended or users who hold a valid franchise with the City are exempt from the payment of registration fees under this Ordinance. Registration and permits will be issued in the name of the person who owns the facilities. Registration must be renewed every five (5) years. For utilities with a current franchise or license, the franchise or license will be evidence of renewal. If a registration is not renewed, and subject to sixty (60)-day notification to the owner, the facilities of the user will be deemed to have been abandoned. When any information provided for the registration changes, the user will inform the City of College Station of the change no more than thirty (30) days after the date the change is made. Registration shall include: 3-11 Rev. 02/07 (a) The name of the user of the right-of-way; (b) The name, address and telephone number of people who will be contact person(s) for the user; (c) The name, address and telephone number of any contractor or subcontractor, if known, who will be working in the right-of-way on behalf of the user; (d) The name(s) and telephone number of an emergency contact who shall be available twenty-four (24) hours a day; (e) Proof of insurance and bonds: 1. An applicant must provide acceptable proof of liability insurance in the total amount of Five Million Dollars ($5,000,000.00); Two Million Dollars $2,000,000.00) primary plus Three Million Dollars ($3,000,000.00) umbrella if requested by the owner of the facilities, or other provisions as acceptable to the director of financial services or his/her designee. The City Manager or his / her designee may waive or reduce the bonding requirements in a non-discriminatory, competitively neutral manner, taking into consideration both that the person has furnished the City with documentation sufficient in the sole discretion of the Finance Director to evidence adequate financial resources substantially greater than the -of- way construction activity, prompt resolution of any claims and substantial compliance with all required applicable building codes and ordinances. 2. coverage for personal injury, contractual liability, premise liability, medical damages, underground, explosion and collapse hazards. 3. Each policy must include a cancellation provision in which the insurance company is required to notify the City in writing not fewer than thirty (30) days before canceling, failing to renew, or reducing policy limits. 4. The applicant shall file the required original certificate of insurance prior to any commencement of work. The certificate shall state the policy number; name of the insurance company; name and address of the agent or authorized representative of the insurance company; name, address and telephone number of insured; policy expiration date; and specific coverage amounts. 5. Applicant shall file an annual surety bond which will be valid each year construction will occur through one (1) full year after the completion of the construction from a surety company authorized to do business in the State of Texas in the amount of the estimated amount of the cost to restore the right-of-way for the work anticipated to be done in that year, in the event the applicant leaves a job site in the right-of-way unfinished, incomplete or unsafe or other provisions as acceptable to the director of financial services or his/her designee. 6. The above requirements may be met by utilities with a current franchise or license if their current franchise or license adequately provides for insurance or bonds or provides an indemnity in favor of the City. Construction permits. (2) (1) A construction permit is not required for construction of new or replacement electric facilities, or upgrading existing electric facilities, when the constructed or upgraded facilities share existing aerial facilities owned by the City. (Ordinance No. 2010-3244 of June 10, 2010) 3-12 Rev. 02/07 (a) No person shall perform any construction or installation of facilities in the right-of- way without first obtaining a construction permit, except as provided herein. The permit will be in the name of the person who will own the facilities to be constructed. The permit must be completed and signed by a representative of the owner of the facilities to be constructed. 1. property, or repair or maintenance of existing facilities unless such repair or maintenance requires the breaking of pavement; the closure of a nonresidential traffic lane; excavation or boring. 2. Emergency responses related to existing facilities may be undertaken without first obtaining a permit; however the City shall be notified in writing within two (2) business days of any construction related to an emergency response; including a reasonably detailed description of the work performed in the right-of-way and an updated map in a format prescribed by the City of any facilities that were relocated, if applicable. 3. Emergency response permits are required only if a permit is required pursuant to the applicable provisions herein. (b) The permit shall state to whom it is issued, location of work, location of facilities, dates and times work is to take place and any other conditions established by the City. (c) The person requesting a permit will provide the City with documentation in the format specified by the City describing: 1. The proposed, approximate location and route of all facilities to be -of-way construction. 2. . 3. Detail of the location of all right-of-way and utility easements that applicant plans to use. 4. route. 5. Detail of what facilities the applicant proposes to install, such as pipe size, number of interducts, valves, etc. 6. Detail of plans to remove and replace asphalt or concrete in streets (include City of College Station standard construction details). 7. Drawings of any bores, trenches, handholes, manholes, switch gear, transformers, pedestals, etc. including depth located in public right-of- way. 8. Handhole and/or manhole typical of types of manholes and/or handholes applicant plans to use or access. 9. Complete legend of drawings submitted by applicant unless otherwise approved by the City. 10. Four (4) sets of engineering plans must be submitted with permit application. 11. The name, address and phone numbers of the contractor or subcontractor who will perform the actual construction, including the name and telephone number of an individual employed by the contractor 3-13 Rev. 02/07 who will be available at all times during construction. Such information shall be required prior to the commencement of any work. 12. The construction and installation methods to be employed for the protection of existing structures, fixtures, and facilities within or adjacent to the right-of-way, and the dates and times work will occur, all of which (methods, dates, times, etc.) are subject to approval of the City. 13. A statement that the requirements of Subsection F(1)(e)1 are met. (d) All construction and installation in the right-of-way shall be in accordance with the permit for the facilities and any approved plans and specifications made in connection with it. The City shall be provided access to the worksite and to such further information as may be reasonably required to ensure compliance with the permit. (e) A copy of the construction permit and approved engineering plans shall be maintained at the construction site and made available for inspection by the City at all times when construction or installation work is occurring. (f) All construction or installation work authorized by permit must be completed in the time specified in the construction permit. If the work cannot be completed within the specified time periods, the permittee may request an extension from the City. Extension requests are to be made at the same location where permits are issued. The City will use its best efforts to approve or disapprove a request for extension as soon as possible. (g) A copy of any permit or approval issued by federal or state authorities for work in federal or state right-of-way located in the City of College Station, if requested by the City. (h) A request for a permit must be submitted at least ten (10) working days before the proposed commencement of work in the request, unless waived by the City in writing. (i) Requests for permits will be approved or disapproved by the City within a five (5) business days of receiving all the necessary information. The City will use best efforts to approve or disapprove a request for permit as soon as possible. City will provide reason to permittee should permit be disapproved. (j) The City or the applicant can request a pre-construction meeting with the permittee and their construction contractor. (k) Permit applications are required for construction of new, replacement facilities or -of-way or public utility easement either aerial or underground. Registration and Construction Permit Fees (3) (a) The Registration Fee of $50.00 will apply to those right-of-way users who do not pay annual blanket right-of-way fees. (b) The Construction Permit Fee of $850.00 will apply to those right-of-way users who do not pay annual blanket right-of-way fees. (4) Registration and construction permits are not required when a current franchise provides for a process that adequately replaces or meets the requirements of registration and permitting in this section. (Ordinance No. 2010-3278 on September 9, 2010) G. CONSTRUCTION STANDARDS. (1) City must be notified twenty-four (24) hours in advance that construction is ready to proceed by either the right-of-way user, their contractor or representative. At the time of 3-14 Rev. 02/07 notification, the right-of-way user will inform the City of the number (or other information) assigned from the one-call system. (2) All construction shall be in conformance with all applicable City codes, local, state and federal laws. (3) Three-by-three (3 x 3) feet information signs identifying the name of the company doing placed at the location where construction is to occur prior to the beginning of work in the right-of-way and shall continue to be posted at the location during the entire time the work is occurring. An informational sign will be posted in public right-of-way one hundred feet thereafter, unless other posting arrangements are approved or required by the City. (4) Erosion control measures (e.g. silt fence) and advance warning signs, markers, cones and barricades must be in place before work begins. The contractor will contain and prevent all soil from migrating offsite by use of water suppression, vehicle cleaning areas, silt fences, hay bales, etc. (5) The Contractor will maintain base material on streets under construction and on detours as required to maintain sufficient moisture content in surface layer for dust control. The Contractor will be responsible for cleaning mud and dust from roadways on a daily basis. (6) Lane closures on major thoroughfares will be limited after 8:30 a.m. and before 4:00 p.m. unless the City grants prior written approval. Arrow boards will be required on lane closures, with all barricades, advance warning signs and thirty- cones placed according to the specifications of the City. (7) Permittee is responsible for the quality of the workmanship and any damage caused by its contractors or subcontractors. A designated representative of the permittee will be available to the City at all times during construction. (8) Permittee shall be responsible for storm water management erosion control that complies with City, state and federal regulations and guidelines. Requirements shall include, but not be limited to, silt fencing around any excavation that will be left overnight, silt fencing in erosion areas until reasonable vegetation is established, barricade fencing around open holes, and high erosion areas will require wire-backed silt fencing. Upon request permittee may be required to furnish documentation submitted or received from federal or state government. (9) Permittee, contractor or subcontractor will notify the City immediately of any damage to other utilities, either City or privately owned. (10) cut is necessary, prior written approval must be obtained from the City and all requirements of the City shall be followed. Repair of all street and sidewalk removals must be made promptly to avoid safety hazards to vehicle and pedestrian traffic. (11) Installation of facilities must not interfere with City utilities, in particular, gravity dependent facilities. (12) New facilities must be installed to a depth approved by the City. (13) All directional boring shall have locator-place bore marks and depths while bore is in progress. Locator shall place mark at each stem with paint dot and depth at least every other stem. (14) The working hours in the rights-of-way are 7:00 a.m. to thirty (30) minutes before sunset, Monday through Friday. Work that must be performed after thirty (30) minutes before sunset Monday through Friday must be approved in advance. Any work performed on Saturday must be pre-approved twenty-four (24) hours in advance by the City. Directional boring is permitted only Monday through Friday 7:00 a.m. to thirty (30) minutes before sunset, unless approved in advance. No work will be done, except for emergencies, on City holidays. 3-15 Rev. 02/07 (15) People working in the right-of-way are responsible for obtaining line locates from all affected utilities or others with facilities in the right-of-way prior to any excavation. Use of the Geographic Information System or the plans of record or both does not satisfy this requirement. (16) Permittee will be responsible for verifying the location, both horizontal and vertical, of all facilities. When required by the City, permittee shall verify locations by pot holing, hand digging or other method approved by the City prior to any excavation or boring with the exception of work involving lane closures, as discussed above. (17) Placement of all manholes and/or hand holes must be approved in advance by the City. Handholes or manholes will not be located in sidewalks, unless approved by the City. (18) Locate flags shall not be removed from a location while facilities are being constructed. (19) Construction which requires pumping of water or mud shall be contained in accordance with City of College Station ordinances, federal and state law. (20) All construction of electric utility facilities must be in compliance with National Electrical Safety Code (NESC) standards. (Ordinance No. 2010-3244 of June 10, 2010) H. PLANS OF RECORD (1) Right-of- within ninety (90) days of completion of facilities in the right- of-way and/or public utility easement. Users who have existing facilities in the right-of-way and public utility easements as of the effective date of this ordinance who have not -fourth (¼) of the information concerning facilities in City right-of-way within one (1) year after the passage of the ordinance and one-fourth (¼) each six (6) months thereafter. The plans shall be provided to the City with as much detail and accuracy as required by the City. Plans that do not meet these requirements are incomplete and shall not be considered submitted to the City under this Ordinance. All the requirements specified for the plans submitted for the initial permit shall be submitted and updated in the plans of record. The detail and accuracy will concern issues such as location and any other health, safety and welfare concerns required to be included by City. The detail will not include matters such as ca (2) This requirement, or portions of this requirement, may be waived by the City for good cause. (3) Plans of record for electric utilities shall be submitted to and maintained by College StationUtilities. (Ordinance No. 2010-3244 of June 10, 2010) I. RELOCATION OF FACILITIES REQUIRED; ABANDONMENT Whenever the City widens, or straightens, installs, relocates public streets, alleys, easements, bikeways, sidewalks, thoroughfares, highways, public ways, water lines, electric lines, fiber optic or sewer lines, the user shall relocate, at its own expense (unless otherwise provided otherwise by state law or a franchise in effect on August 26, 1999, until that franchise expires or is otherwise terminated), its facilities and other appurtenances in order to accommodate the installation, relocation, widening, or changing of the grade of same including if necessary relocating such poles wire cables anchors, manholes, conduits, or other facilities or appurtenances to a sufficient distance from the edge of the pavement to permit a reasonable work area for machinery and individuals engaged in installing, relocating, widening, or changing the grade of any public street, sidewalk, bikeway, alley, public thoroughfare, highway or public way. Additionally, the user must relocate at its sole expense any facilities erected or maintained if said relocation is deemed necessary by the governing body or its designated representative for traffic safety purposes or the accommodation of other necessary utilities owned and/or operated by the City including traffic 3-16 Rev. 02/07 signals. Whenever by reason of changes in the grade of a thoroughfare or in the location or manner of constructing a water pipe, gas pipe sewer or other aboveground or underground structure it is deemed necessary by the City to remove, alter change adapt or conform the underground or aboveground facilities of the user, the user shall make the promptly but not later than ninety (90) days from the date that notice is sent to Owner unless a different schedule was approved by the City without claim for reimbursement or damages against the City. If Owner fails to move its facilities after ninety (90) days or the approved schedule, whichever is applicable, as same may be extended from time to time, the facilities shall be deemed abandoned and City may remove the facilities without liability therefore and charge the cost of removal to Owner. 3-17 Rev. 02/07 J. IMPROPERLY INSTALLED FACILITIES. (1) Any person doing work in the City right-of-way shall install, repair, upgrade and maintain facilities in a good and workmanlike manner, and in accordance with the standards and specifications established herein as well as all applicable industry standards, and local, state, administrative and federal laws, rules, regulations and guidelines. (2) Facilities shall be considered to be improperly installed, repaired, upgraded or maintained if: (a) The installation, repairs, upgrade or maintenance endangers property or people; (b) The facilities do not meet the applicable City codes; (c) The facilities are not capable of being located using standard practices; (d) The facilities are not located in the proper place at the time of construction in accordance with the directions provided by the City. K. RESTORATION OF PROPERTY. (1) Users of the right-of-way shall restore property affected by construction of facilities to a condition that is equal to or better than the condition of the property prior to the performance of the work. Restoration must be approved by the City. (2) Restoration must be to the reasonable satisfaction of the City. The restoration shall include, but not be limited to: (a) Replacing all ground cover with the type of ground cover damaged during work or better either by sodding or seeding, as directed by the City; (b) Installation of all manholes and handholes, as required; (c) Backfilling all bore pits, potholes, trenches or any other holes shall be filled in daily, unless other safety requirements are approved by the City; (d) Leveling of all trenches and backhoe lines; (e) Restoration of excavation site to City specifications; (f) Restoration of all landscaping, and sprinkler systems. 1. All locate flags shall be removed during the clean up process by the permittee or his/her contractor at the completion of the work. 2. Restoration must be made promptly, as specified by approved City schedules and to the satisfaction of the City. If restoration is not performed promptly, all work-in-progress, except that related to the problem, including all work previously permitted but incomplete may be halted and a hold may be placed on any permits in progress but not approved until all restoration is complete. L. REVOCATION OR DENIAL OF PERMIT If any of the provisions of this ordinance are not followed, a permit may be revoked by the City. If a person has not complied with the terms and conditions of this ordinance in work done pursuant to a prior permit, new permits may be denied or additional terms and conditions required. 3-18 Rev. 02/07 M. APPEAL FROM DENIAL OR REVOCATION OF PERMIT Appeal from denial or revocation of a permit or from the decision of the City staff shall be to the City Council. Appeal shall be filed with the City Secretary within fifteen (15) days from the date of the decision being appealed. N. RIGHT-OF-WAY AND EASEMENT ABANDONMENT (1) Criteria (a) The City Council of the City of College Station, at the request of one or more underlying fee simple or a initiative, may, after holding a public hearing, abandon an easement or right-of- way only upon affirmative findings regarding the following criteria: (i) That the abandonment will not result in property that does not have access to public roadways or utilities. (ii) That there is no current public need or use for the easement or right-of- way. (iii) That there is no anticipated future public need or use for the easement or right-of-way. (iv) That all public utilities have access to serve current and future customers. (b) In order to make the affirmative findings listed above, the City Council may consider, but is not limited to, the following: the proposed use of the property involved, existing uses of land in the neighborhood, the utilities or roadways located in the easement or right-of-way, the purpose of the easement or right of- way, and the probable effect of the abandonment upon the immediate preservation of the order, public health, safety, convenience and welfare of the community. (2) Procedure to Request Abandonment. (a) The City Council may consider a request to abandon an easement or right-of-way to the underlying fee simple or abutting property owner(s) only after such property owner(s) submit to the City: (i) a completed application to abandon submitted upon forms provided by the City, reviewed and accepted by the City as complete; (a) The City Council shall consider the request for abandonment after public notice is provided and a public hearing is held. Requirements for public notice and a public hearing shall be the same as those public notice and public hearing requirements for zoning map amendments (rezonings) under the City Unified Development Ordinance. (b) If the City Council grants the request to abandon, the ordinance abandoning the easement or right-of-way will be filed in the Official Records of Brazos County, Texas. (3) Reserved 3-19 Rev. 02/07 (4) Nothing in this section shall be construed to require the City Council to abandon an easement or right-of-way or to give any person a vested right to compel the City to abandon an easement or right-of-way. 3-20 Rev. 02/07 SECTION 3: STREETS, SIDEWALKS, AND DRIVEWAYS A. SCOPE AND PURPOSE (1) This section shall govern all streets, sidewalks, driveways within the corporate limits of the City of College Station, Texas, including both the subdivided and unsubdivided portion of the City, and within the extraterritorial jurisdiction of the City as established by the Local Government Code, as amended. (2) The regulation of streets and the associated utilities affects the welfare of the entire community in many important aspects. These regulations are deemed to be the minimum requirements as adopted by the City Council for the protection of the public health, safety, and welfare. B. DEFINITIONS For the purpose of this section, certain words as used herein are defined as follows: (1) Bikeway is a trail, path, part of a highway shoulder, or any other means specifically marked and assigned for bicycle use. Bikeway facilities are further classified as bike paths, lanes, and routes. (2) City means the City of College Station, Texas. (3) Corner means the point of intersection of the lines of two (2) street curbs extended into the street intersection. (4) Cul-de-sac means a street having only one (1) outlet to another street and terminating on the other end in a vehicular turnaround. (5) Curb Return means that portion of a curb which is constructed on a curve, to connect normal street curbs at a street intersection, or at driveway approaches connecting the street curb to the driveway approach. (6) Driveway means a place on private property for vehicular traffic. (7) Driveway Approach means an area or facility between the street and private property intended to provide access for vehicles from the street to private property. A driveway approach must provide access to something definite on private property, such as parking area, a driveway, or a door at least eight feet (8') in width, intended and used for entrance of vehicles. (8) Extraterritorial Jurisdiction (within the terms of the Local Government Code) means the unincorporated area, not a part of any other city, which is contiguous to the corporate limits of the City of College Station, the outer boundaries of which are measured from the extremities of the corporate limits of the City, outward for such distances as may be stipulated in the Local Government Code, in which area, the City may enjoin the violations of this street regulations section. (9) Major Streets include major and minor arterial and major collector streets, (10) Minor Streets include residential, minor, collector, and rural streets. (11) May is permissive. (12) Parking shall mean parallel parking (parallel to traffic lanes). (13) Principal Streets include all major streets and minor collector streets as designated on the Thoroughfare and Transportation Improvement Plan. (14) Right-of-Way (in this case) refers to right-of-way for streets and alleys, which includes pavement, sidewalks, bikeways, utilities, and other public use. 3-21 Rev. 02/07 (15) Shall is always mandatory. (16) Sidewalk is a paved way for pedestrian traffic. Street is a way for vehicular traffic or parking, whether designated as a highway, arterial (17)  street, collector street, or local street. (18) Street, Minor Arterial is a street that collects traffic from the collector system and connects with the major arterial system. (19) Street, Major Arterial is a street that collects traffic from the collector and minor arterial system and connects with the freeway system. (20) Street, Collector is a street that collects traffic from local streets and connects with minor and major arterials. This includes minor and major collectors. (21) Street, Local is a street that provides vehicular access to abutting property. (22) Street Width shall mean the distance as measured from back of curb to the back of curb. In the case where there is no curb, street width shall mean the distance between the edges of pavement. ÜÙÎÍÉØÙÆÔÉÕÉÕØúÎÐÍËØÕØÏÊÔÇØíÑÜÏØÊÉÜÛÑÔÊÕÔÏÖÉÕØ (23) Thoroughfare Plan refers to a plan ÑÎÚÜÉÔÎÏÚÑÜÊÊÔ×ÔÚÜÉÔÎÏÜÏÙÚÎÏÉØÅÉÊ×ÎËÚØËÉÜÔÏÍËÔÏÚÔÍÜÑÉËÜ××ÔÚÆÜÄÊÆÔÉÕÔÏÉÕØÚÎËÍÎËÜÉØ ÑÔÐÔÉÊÎ×ÉÕØúÔÉÄÜÏÙÆÔÉÕÔÏÉÕØØÅÉËÜÉØËËÔÉÎËÔÜÑÓÈËÔÊÙÔÚÉÔÎÏÎ×ÉÕØúÔÉÄ C. STREETS (1) Paving and Repaving of Existing Streets (a) In the established and platted parts of the City, priority in minor street construction will be determined and established from time to time by the City Council, based upon recommendations by the City staff. (b) Where the owners of more than fifty percent (50%) of the abutting lots along any existing minor street or way shall request paving or repaving of same by petition presented to the City Council showing the signatures of each of the record owners of such lots, the City staff shall review the proposed project and present its conclusions concerning same to the City Council within forty-five (45) days. The Council shall give priority to such projects where feasible, consistent with the needs of the public for safe and adequate streets and public ways and the financial circumstances pertinent to the project. (c) Paving or repaving of existing streets shall be in accordance with plans and specifi- cations reviewed and approved by the City Engineer or his delegate. (d) The City Council may require the execution of a mechanic's and materialmen's lien contract, approved by the City Attorney, from the owners of at least 90% of the abut- ting lot owners to cover the estimated portions of the construction cost for each such lot, prior to the approval of any proposed paving or repaving. (2) Planting on Street Right-of-Way (a) Unpaved Areas There will be no restrictions on planting and care of grass on unpaved areas, and no permit shall be required. 3-22 Rev. 02/07 (b) Obstructions It shall be unlawful to plant flowers, shrubs, or trees to obstruct the view of or access to fire hydrants, mail boxes, traffic control devices, police or fire call boxes. (c) Permit Requirements Other plantings will be permitted only if an application, together with a plan of planting, has been filed with the City Engineer and he in turn has issued a permit for such planting. D. PRIORITY IN SIDEWALK CONSTRUCTION In the established and platted part of the City, priority in sidewalk construction will be established by the City Council, based on recommendations of the City Manager and City Engineer. Lengths shall be one (1) block or more. First consideration will be given to major streets, second consideration to minor streets; however, no consideration will be given until petitioned by property owners representing a percentage of the front footage of the property as established by policy of the City Council, and funds are available. The Council may, however, at its discretion, when a situation warrants, arrange for construction without a signed petition. 3-23 Rev. 02/07 E. DRIVEWAYS (1) Driveway Interference No driveway approach shall interfere with municipal facilities such as street light or traffic signal poles, signs, fire hydrants, cross walks, bus loading zones, utility poles, fire alarm supports, drainage structures, or other necessary street structures. The City Engineer is authorized to order and effect the removal or reconstruction of any driveway approach which is constructed in conflict with street structures. The cost of reconstructing or relocating such driveway approaches shall be at the expense of the abutting property owner. (2) Driveway Permits (a) Any plans submitted for building approval which include or involve driveway approaches shall be referred to the City Engineer or his designee for approval before a building permit is issued. (b) A written driveway permit for a new development shall be not issued or required. Approval of driveway location and design for new properties and other developments on a building plan or site plan shall be considered the permit for driveway installation. (c) Any property owner desiring a new driveway approach or an improvement to an existing driveway at an existing residential or other property shall make application for a driveway permit, in writing, and designating the contractor who will do the work, to the City Engineer or the building supervisor, accompanied by a sketch or drawing showing clearly the driveway, parking area, or doorway to be connected and the location of the nearest existing driveways on the same and opposite sides of the roadway. The City Engineer will prescribe the construction procedure to be followed. (See the Building Code for contractor's bond and permit requirement, for work on public property.) (d) A permit or building/site plan approval as per the procedure of either 2(b) or 2(c) shall be required for the location of all driveways which provide for access to property. Driveway permits will also be required for any significant structure change, land use change, or property boundary change. (e) The driveway permit fee shall be set by resolution of the College Station City Council from time to time as deemed appropriate by said council and shall be of an amount to cover the cost of licensing and maintaining records. (f) All permits granted for the use of public property under the terms of this section shall be revocable at the will of the City Council. F. USE OF RIGHTS-OF-WAY FOR PUBLIC CONVENIENCES AND AMENITIES AND FOR PRIVATE IMPROVEMENTS AND FACILITIES (1) Definitions For the purpose of this section, certain words as used herein are defined as follows: (a) over a wood or metal frame that extends beyond the exterior wall face and is removable. This definition does not include copy or logo. (b) and is located in proximity to mass transit stops or businesses. (c) bicycles. 3-24 Rev. 02/07 (d) -rule city. (e) his designated representative. (f) designated representative. (g) ing along either the front, side, or rear of a building along the right-of-way frontage. This definition does not include copy. (h) -canopy trees and shrubs as established in Section 11.2 of the City of College Station Zoning Ordinance. (i) and ground cover. (j) Wellborn Road and the City of College Station City limits. (k) used in this ordinance means the person owning the underlying fee title to any real property upon which any public street within the City of College Station corporate limits is situated, or any association or other entity acting with a lease or other express written permission of the said fee title owner, to make use of the property, and who has been lawfully issued a Right-of- Way Improvements Permit by the City Engineer. (l) t have not been accepted by the City of College Station. (m) which is held by the City in fee or by easement or dedication when any part thereof is open to the use of the public for purposes of vehicular travel; provided the term public street shall not include any designated state or federal highway or road or any designated county road. (n) -of- to a person who qualifies for said permit under the terms of this ordinance authorizing the construction, installation and maintenance of improvements in right-of-way dedicated to the City of College Station, Texas. (o) reet which is improved, designed, or ordinarily used for vehicular travel, exclusive of the curb, berm, or shoulder. In the event that a public street includes two or more separate roadways, roadway means each such roadway separately. (p) Ordinance. (q) or the lateral lines of a roadway, and the adjacent property lines and is improved and designed for or is ordinarily used for pedestrian travel. (r) walk and containing movable tables, chairs, planters, or related appurtenances. (s) , any obstruction that extends above natural ground grade. Excluded from this definition are wooden fences overall height. 3-25 Rev. 02/07 (2) Scope (a) The City Council of the City of College Station acting by and through its official designated in paragraph (3) below may permit any person owning the underlying fee title to any real property upon which any public street within its corporate limits is situated, or any association or other entity acting with a lease or other express written permission of the said fee title owner, to make use of the property, notwithstanding its being part of a public street, for any one or more of the following improvements or facilities: (i) the establishment or maintenance or both of trees and decorative land- scaping, including landscaping lighting, watering systems, and other appurtenances for the maintenance thereof; (ii) the establishment or maintenance or both of sidewalk cafes; provided that a sidewalk cafe may not be enclosed by fixed walls and shall be open to the air, except that it may have a canopy; provided further that a sidewalk cafe must be abutting and contiguous to a restaurant in which food preparation, sanitation, and related services for the sidewalk cafe will be performed; (iii) the establishment or maintenance or both of ornamental gates, columns, or other ornamental works of wood, iron, masonry, earth, or other materi- als denoting the entrance to a neighborhood or a platted and recorded subdivision; provided that such improvements may display the name of the subdivision or neighborhood but shall not contain any commercial advertising or other signage; (iv) the establishment or maintenance or both of any supportive or decorative columns, arches, or other structural or decorative feature of any building which is fifty (50) or more years old at the time of filing an application for a permit hereunder and of unusual architectural design, character, or significance or of historical value; or (v) the establishment or maintenance or both of transit bus shelters, drinking fountains, benches, and other related amenities for the convenience of the public in the use of the public streets for pedestrian or vehicular transportation. (3) Designation of City Official Authorized to Make Findings The City Engineer is hereby designated by the City Council of the City of College Station, Texas, to make the findings required by law contained in paragraph (4) below prior to the issuance of a permit authorizing the establishment or maintenance of the improvements or facilities specified in paragraph (2) above. (4) Findings Required (a) The establishment or maintenance of the improvements or facilities may not be implemented without a finding by the City Engineer that: (i) the improvement or facility will not be located on, extend onto, nor intrude upon any portion of the roadway; (ii) the improvement or facility will not be located on, extend onto, nor intrude upon any portion of the sidewalk which is needed for pedestrian use; (iii) the design and location of the improvement or facilities includes all reasonable planning to minimize potential harm, injury, or interference to the public in the use of the public street or sidewalk; (iv) the improvement or facility will not create any hazardous condition or obstruction of vehicular or pedestrian travel upon the public street or sidewalk. 3-26 Rev. 02/07 (b) Appeal An applicant may appeal the decision of the City Engineer to the City Council within ten (10) days of the denial or issuance of the permit. Failure to appeal the action shall constitute a contractual acceptance of all conditions imposed, and a waiver of all complaints, defects, or potential invalidity, whether under state or federal law. (5) Permit Required (a) Use Without a Permit Prohibited It shall be unlawful for any person to install or construct or cause to be installed or constructed, the amenities, improvements or facilities established in paragraph (2) above within the public streets or rights-of-way for within the corporate limits of the City of College Station without first obtaining a permit issued by the City Engineer authorizing such improvements or facilities. (b) Prescribed Fee The applicant or permit holder shall pay a fee for the right-of-way improvements permit that shall be the same as that charged in Chapter 14, Section of the City of College Station Code of Ordinances as amended from time to time. (c) The permit shall be granted and allowed to remain in force on condition that: (1) the applicant complies with the regulations established by the City Council and contained in paragraph (7) below for the protection of the public and utility companies and other persons or firms having the right to use the public street at the site of the applicant's proposed facility; (2) the site is properly maintained and (3) the applicant owns or is legally authorized by the fee simple owner of land to use his land for the establishment and maintenance of the improvements authorized by permit. (d) Procedure for Obtaining a permit Application Requirements: Any person desiring a permit authorizing the use of the public right-of-way for the installation of improvements or facilities within the City limits shall file an application with the Development Services Department on a form provided by that Department. The applicant must include the following information with the application form: A facility layout plan which includes the identity, and location of, and gives the dimensions of the right-of-way and the pavement edge or curb. The applicant must locate all existing traffic signs, meter boxes, light poles, manholes, overhead electrical lines, fire hydrants, valves, and electrical transformers contained within the right-of-way. The diagram must include dimensions of the right-of-way and locate the facilities from the right-of-way or back of the curb. The size and material of the facilities must be specified. All proposed signage must be located including its dimensions. An erosion control plan must be submitted with the application. If there are waterway alterations proposed, a drainage report and drainage plan must be submitted. If improvements are proposed that will alter the drainage patterns in the area, a drainage report and drainage plan will be required. Applicant must state whether there will be any waterway alterations with a drainage report (if applicable). Elevation drawings of signage that include the description of material. 3-27 Rev. 02/07 The location and type of plantings. All plantings must be detailed by using both the scientific as well as common names. Describe all work to be performed including but not limited to any electrical work, landscaping, irrigation systems, drainage work, waterway alterations, demolition, fencing (whether wood or masonry), signs, facades, awnings, cafe, canopy, benches, bike racks. The cost, where applicable, of the proposed relocation of any public facilities associated with the work. The total square footage of the site. Designate the party responsible for maintenance. An estimate of the future relocation of improvements. Where applicable, the applicant must submit the following plans: electrical, landscaping, plumbing, sealed structural details with anchoring, attachment and material description and/or any sealed irrigation plans. Identify all contractors and subcontractors including, but not limited to, the master electrician, irrigator, landscape architect or company, master plumber, design engineer and/or structural engineer. (e) Inspection of Facilities Inspections of improvements shall be requested in accordance with the Standard Building Code as amended by the City of College Station Code of Ordinances. (f) Maintenance of Facilities All improvements shall be maintained by the person designated by the permit holder in the permit application. The improvements shall be maintained in a reasonably safe, secure and sanitary manner and the site shall be free of rubbish, weeds, filth or other offensive items. All dead plantings shall be removed and replaced annually. (g) Construction of Facilities Construction and installation of improvements must comply with all provisions of this ordinance as well as with the Streetscape Standards as adopted by the City Council of the City of College Station and established in the Streetscape Study issued in December 1992 and as amended from time to time. (6) Removal of Facilities The City or any utility company or other person authorized by the City may remove all or any part of any facility for which a permit has been issued without liability therefore in the event of a lawful need for the site or for access thereto. (7) Regulations The regulations that govern the issuance and continuing validity of this permit as follows: (a) Permittee must comply with the construction, maintenance, operation, and inspection requirements as detailed in paragraph (5) above. (b) Permittee must provide indemnity agreements by abutting fee owners, which agreements shall be covenants running with the title of the abutting land; provided, however, that Permanent and Temporary Landscaping, including landscaping lighting and watering systems shall be exempt from this requirement. 3-28 Rev. 02/07 (c) The applicant or permittee must provide traffic and safety studies at his own expense if, and whenever, required by the City Engineer. (d) This permit may be terminated at the discretion of the City. (e) All facilities or improvements shall comply with the clearance required from struc- tures to utility lines as provided in the Standard Building Code or any other applicable code as adopted or as amended by the City of College Station Code of Ordinances. (f) All facilities or improvements must comply with all applicable City of College Station Codes and Ordinances in existence at the time of construction, unless specifically prohibited by said Codes or Ordinances. (g) All site work, demolition and construction must comply with the Standard Building Code as amended by the City of College Station Code of Ordinances. (h) All drainage and waterway work must comply with Chapter 13 of the City of College Station Code of Ordinances and associated Bryan/College Station Unified Design Guidelines, Standard Details, and Technical Specifications. (i) Permanent Signage If an identification sign is requested, a minimum of two hundred fifty (250) landscaping points must be provided per sign. The sign may not exceed one hundred fifty (150) square feet per sign face as measured by an imaginary rectangle of vertical and horizontal lines that contain all extremities of the copy (j) All facilities and improvements must assure that there is adequate sight clearance for traffic and pedestrian safety. (k) The permittee shall provide a cash or surety bond in a sum sufficient to cover the costs of removal of its facilities or improvements by the City or any public utility upon terms and in an amount which is approved by the City Engineer. The bond or surety shall be submitted to the City Engineer upon approval of the permit but prior to its issuance and prior to the commencement of construction of any proposed improvements. (l) The costs of any relocation of public or private utility facilities and improvements within the public streets which may be associated with the installation of any perimeters authorized facilities and improvements shall be borne by the permittee. (m) The City is prohibited from using any of its funds or employees for installation or maintenance with respect to a facility operated by permit except for inspection or removal purposes. (n) If irrigation and/or electrical lines are to be extended across a paved roadway, the applicant must pay a one-time fee in the amount of Thirty-five Dollars ($35.00) per square yard of extension area. The extension area is equivalent to three (3) times the yard length to be installed under the roadway. The fee will be waived if the applicant installs sleeves under the pavement and places the irrigation and/or electrical in the sleeves. (o) Permittee must notify the City Engineer of any change of information contained in the application or permit. (p) Permittee or fee simple owner must notify the City Engineer of any change in fee simple ownership of the property, expiration or renewal of lease or revocation or renewal of license agreement by fee simple owner. 3-29 Rev. 02/07 (q) This permit is valid only to whom it is issued and may not be assigned or trans- ferred. (r) Permittee may not modify the improvements authorized by permit. (8) Exemptions The City may establish or maintain, with its funds, materials, equipment, and personnel, any of the improvements or facilities described and shall not be required to issue a permit for any such improvement or facility established or maintained by the City; provided, however, that the City shall remove its improvement or facility placed by it upon any public street if there is a lawful need for the site or for access to the site by a utility company. This ordinance does not require a political subdivision of this state to obtain a permit to establish or maintain an improvement or facility authorized by other law. (9) Penalty for Violations Violations of the ordinance shall be punished in accordance with Chapter 1, Section 5 of the Code of Ordinances as amended from time to time. (10) Invalidity If any provision of this ordinance shall be held to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. (11) Conflict with Other Ordinances That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. E.. UNUSUAL CONDITIONS The City Engineer is hereby authorized to grant, in writing, variances from the strict application of the principles of this subsection; provided that he first determines that the following conditions are present: (1) The exception or variance desired arises from peculiar conditions not ordinarily existing in similar districts in the City, or due to the nature of the business or operation on the abutting property. (2) That the exception or variance desired is not against the public interest, particularly safety, convenience, and general welfare. (3) That the granting of the permit for the exception or variance will not adversely affect the rights of adjacent property owners or tenants. (3) That the strict application of the terms of this section will not work unnecessary hardship on the property owner or tenant. F. ADMINISTRATION AND ENFORCEMENT (1) City Engineer Designated as Enforcement Official; Powers and Duties (a) The City Engineer is designated as the administrative official of the City, to administer the provisions of this section. (b) If the City Engineer shall find or if any person files with him a complaint in writing alleging that any of the provisions of this section are being violated, he shall immediately investigate and when necessary, give written notice to the person responsible to cease such violations, forthwith. 3-30 Rev. 02/07 (c) Notice may be delivered in person or by certified mail to violator or to any person in charge of the property where the violation is occurring. (2) Penalty for Violation Any person who violates or fails to comply with the requirements of this section shall be guilty of a misdemeanor and shall be liable to a fine pursuant to the General Penalty set out in Chapter 1, Section 5, of this Code of Ordinances. Nothing herein contained shall prevent the City from taking such other lawful action as may be necessary to prevent or remedy any violation. 3-31 Rev. 02/07 SECTION 4: ENCROACHMENTS UPON EASEMENTS A. CITY COUNCIL TO GRANT LICENSE; FINDINGS TO BE MADE The City Council of the City of College Station, upon good cause shown, may grant a license to encroach into an easement when it is in the opinion of the City Council that undue hardship would result from requiring remedial steps to be taken to restore the easement to its former status. The City Council may consider the proposed use of the property involved, existing uses of land in the neighborhood, the utilities located in the easement, the purpose of the easement, and the probable effect of the encroachment upon the immediate preservation of the order, public health, safety, convenience and welfare of the community. In order for a license to be granted, the City Council must find all of the following: (1) That there are special circumstances or conditions affecting the property involved such that the strict enforcement of encroachment policies would deprive the applicant of the reasonable use of his property. (2) That the license is necessary for the preservation and enjoyment of the substantial property right of the applicant. (3) That the utilization of the easement area for the access to and the operation of utilities, including drainage, will not be impaired. (4) That the granting of the license will not be detrimental to the public health, safety, or welfare or injurious to another party in the area. The findings, together with the specific facts upon which such findings are based, shall be incorporated into the minutes of the meeting at which the license is considered. Licenses will not be routinely granted. When a license is granted, it will be granted if order will be preserved and the public health, safety and welfare will not be affected. Pecuniary hardship of the applicant, standing alone, will not be deemed to constitute undue hardship. B. SUBMITTAL OF INFORMATION The City Engineer shall specify the information that is required to be submitted with the application. C. APPLICATION FEE An application for a license to encroach shall be accompanied by a non-refundable filing fee as established by City Council resolution. D. LICENSE MAY BE CONTINGENT UPON REMEDIAL ACTION If the City Council so requires, a license may be granted subject to the licensee's completion of all remedial action necessary to accommodate the encroachment so the City may utilize the area so encroached. 3-32 Rev. 02/07 SECTION 5: UNDERGROUND ELECTRIC UTILITY SERVICE A. Electric Service Installation (1) All new electric utility service shall be installed underground in all building plots. All lateral electric and service lines supplying electric utility service shall be placed underground. (2) All upgraded electric utility service shall be installed underground in all building plots wherever such is sound and practical from an engineering standpoint as reasonably determined by the City. (3) Overhead feeder lines may be placed within dedicated easements in building plots when determined by the City to be necessary and appropriate, pursuant to the following criteria: (a) Along the perimeter of the platted building plots. (b) Adjacent to or within the right-of-way of thoroughfares identified on the current thoroughfare plan of the City of College Station and approved for the location of overhead utilities. (c) Within alleys or other areas identified for the location of aerial utility service on the approved building plot plat. (4) Prior to the issuance of a certificate of occupancy for any structure on the building plot, the Builder shall dedicate easements upon forms approved by City for the installation of utilities, including electric. All liens and other ownership interests shall be subordinated to the easement use. (5) Where the electric service is placed underground, all street lighting and site lighting equipment shall be placed underground except for the poles on which the lights are to be affixed. (6) The Builder shall be responsible for furnishing and installing, and the expenses related thereto, of conduit for the installation of all on-site underground development feeder, lateral and service lines utilized to provide electric utility service to the building plot. The specifications for the conduit shall be approved by the Electrical Department prior to installation. The installation of the conduit shall be inspected and approved by the Electrical Department at the time of installation. (7) Where electric service is placed underground, all auxiliary equipment for such service, including but not limited to transformers, junction enclosures and switching devices, shall be pad-mounted on grade or shall be placed underground. (8) Temporary utility service may be provided via overhead line extension. B. Definitions For the purpose of this section, certain words as used herein are defined as follows: (1) "Builder" means any person or persons, firm or corporation who applies for or is issued a permit by the Building Official to erect, construct, enlarge, install, alter, repair, move, improve, remove, convert or demolish any building, structure, electrical, gas, mechanical, plumbing or fire protection system located within the municipal corporation, City of College Station, Texas. (2) "Building Plot" shall mean all of the land within a project, whether one or more lots, developed according to a common plan or design for similar or compatible uses, which singularly or in phases is treated as such for site plan review purposes. The determination of the boundaries of a building plot shall be made as the first step in the site plan or project review, unless such determination has previously been made at the time of plat approval. For development not subject to site plan review, the building plot or premises shall be the exterior boundary of any included lots, in the event that the structure is built upon more than one lot. 3-33 Rev. 02/07 (3) "Feeder Line" shall mean any line, wire, or cable and appurtenances which distributes, transmits, or delivers an electric utility service from a source to a general area or to multiple developments, and not to a specific end user. (4) "Lateral Line" shall mean any line, wire, or cable and appurtenances used to distribute, transmit, or deliver electric utility service from a feeder line to two (2) or more sites or end users of the electric utility service within a specific development. (5) "Lot" as used herein is the physical and undivided tract or parcel of land as shown on a duly recorded plat. (6) "Service Line" shall mean any line, wire, or cable and appurtenances used to distribute, transmit, or deliver an electric utility service from a source of supply, feeder line, or lateral line directly to an end user. (7) "Plot Plan" is a plan showing the use of land, including locations of buildings, drives, side- walks, parking areas, drainage facilities and other facilities to be constructed, and any- thing else in accordance with Sections 10 and 11 of the Zoning Ordinances of the City of College Station." (8) "Upgraded Electric Utility Service" as used herein means any increase in electric service capacity or any relocation of the electric service entrance. 3-34 Rev. 02/07 SECTION 6: INTERNATIONAL BUILDING CODE ADOPTED A booklet entitled 'International Building Code, 2009 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 2009 INTERNATIONAL BUILDING CODE A. The above referenced International Building Code is hereby amended as follows: 1. Section 105 (Permits) is amended by adding Section 105.1.3 to read as follows: 105.1.3 Registration of Contractors. It shall be the duty of every individual who makes contracts 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, or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, and every individual making such contracts and subletting the same or any part thereof, to first register with the Building Official, giving full name, residence, name and place of business, and in case of removal from one place to another to have made corresponding change to the Building Official. Exception: Homeowner permits as provided for in Section R105.2.4, International Residential Code. Plumbing Contractors - Plumbing contractors shall be licensed as prescribed by the State of Texas and shall register their license with the City of College Station before a plumbing permit is issued by the City. Air Conditioning, Refrigeration and Heating Contractors - Air Conditioning, Refrigeration and Heating Contractors shall be licensed by the State of Texas and shall register their license with the City of College Station before a mechanical permit is issued by the City. Licensed Irrigators - Irrigation Contractors shall be licensed Irrigators by the State of Texas shall register their license with the City of College Station before a lawn irrigation permit is issued by the City. Electrical Contractors - Electrical Contractors shall be licensed by the State shall register their license with the City of College Station before an electrical permit is issued by the City. Electrical Sign Contractors Electrical Sign Contractors shall be licensed by the State shall register their license with the City of College Station before a permit is issued. Before any license is registered with the City, the applicant shall have adequate insurance coverage for general liability as provided for by State law for the respective trade. 2. Section 105.2 (Work exempt from permit) is amended by adding the following under Replacing Fuses: No permit shall be required for replacing fuses of like rating. Replacing Flush or Snap Switches: No permit shall be required for replacing flush or snap switches, receptacles, lamp sockets, the installation of lamps, or minor repairs on permanently connected electrical appliances. 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 3-35 Rev. 02/07 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. 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. Temporary Wiring: No permit shall be required for the installation of temporary wiring, apparatus, devices, appliances or equipment used by a recognized electrical training school or college. 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. 3. Section 107.1 (Submittal documents) is amended to include the following at the end of the engineer legally registered under the laws of Texas and shall affix his official seal to the construction documents for the following: 1. All group A, E and I occupancies. 2. Building and structures three or more stories in height 3. Buildings and structures 5,000 square feet or more in total area Exception: Group R- 4. Section 109.4 (Work commencing before permit issuance) is amended by deleting the existing text in its entirety and replacing it with the following: mechanical or plumbing system before obtaining the necessary permits shall be subject 5. Section 109.6 (Refunds) is amended by deleting the existing text in its entirety and replacing it with the following: 6. Section 110.3.5 (Lath and gypsum board inspection) is amended by deleting the section in its entirety. 7. Section 111.2 (Certificate issued) is amended by deleting items number 4, 5, 7, 10, and 11. 8. Section 113 (Board of Appeals) is amended by deleting the section in its entirety. 9. be taken down and removed or made safe, as the building official deems necessary and 3-36 Rev. 02/07 be taken down, removed or made safe as provided for in Chapter 3, Section 1 (C), Code 10. Secti-3. 11. Section 501.2 (premises identification) is amended by deleting the existing text in its entirety and replacing it with the following: An official address, assigned by the Building Official or his designee, shall be provided and placed pursuant to this section in such a position as to be clearly visible from the public street or roadway fronting the property. Addresses placed pursuant to this section shall be a minimum four (4) inches in height and stroke of minimum one-half (1/2) inch, composed of a durable material and of a color that provides a contrast to the background itself. The official address shall be placed a minimum of thirty-six (36) inches and a maximum of thirty (30) feet in height measured from the ground level. Buildings or structures located more than fifty (50) feet from the street curb shall have an official address at least five (5) inches in height. Durable materials used for the official address shall include, but not be limited to, wood, plastic, metal, weather resistant paint, weather resistant vinyl, or weather resistant material designed for outside use on a glass surface. For single family residences, the requirement of this section may be met by providing a minimum of two (2) inch high numbers on both sides of a U. S. mailbox located near the curb in front of the house, or a freestanding structure with numbers at least four (4) inches in height. A building complex composed of multiple structures or dwellings shall have an official suite or unit number assigned to each building, suite or tenant as well as a street address number. If there is sufficient street frontage, each building, suite or tenant may also be assigned an official street address number. The official street address number of each structure must be prominently posted on the building so that it is visible from the nearest public street or designated fire lane. Each number designated by the Building Official, or his designee, for each individual suite or unit must be conspicuously posted on each suite or unit. Commercial buildings with side or rear access in addition to the main entrance, shall also display the business name and official address on each side or rear door with characters at least two (2) inches in height. Residential structures which provide for rear vehicular access from a dedicated public alley, street or designated fire lane shall conspicuously post an official address at least two (2) inches in height so that it is visible from the public alley, street or designated fire lane. The owner or manager of a building complex, which contains an enclosed shopping mall, shall submit to the Fire Official four (4) copies of diagrams acceptable to the Fire Marshal of the entire complex, indicating the location and number of each business. When a change in a business name or location is made, the owner or manager shall so advise the 12. Table 803.9 (Interior Wall And Ceiling Finish Rating By Occupancy) is amended by whethe 13. Section 903.1 (General) is amended by adding the following text at the end of said section: 3-37 Rev. 02/07 g 14. Section 903.2 (Where required) is amended by adding the following text at the end of said section: provided throughout all new buildings and structures as follows: 1. Where the total building area exceeds 12,000 square feet in area. 2. Exception: One- and two-family dwellings. 15. Section 903.2.3 (Group E) is amended by deleting the exception in its entirety. 16. Section 903.2.4 (Group F- 17. 18. Section 903.2.8 (Group R) is amended by deleting the section in its entirety. 19. Section 903.2.9 (Group S- 20. 21. Section 907.5.2.3.2 (Employee work areas) is amended by deleting the existing text in its entirety and replacing it with the following: provided with devices that provide audible and visible alarm noti 22. Section 1004.2 (Increased occupant load) is amended by deleting the section in its entirety. 23. Section 1004.3 (Posting of occupant load) is amended by adding the following text to the end of said section: tion, the occupant load shall be the number of occupants 24. issuance. 25. Section 1910 (Minimum slab provisions) is amended by adding Section 1911.2 to read as follows: standard. All slabs-on-grade with turned-down fo 3-38 Rev. 02/07 3-39 Rev. 02/07 AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE B. The International Residential Code adopted by reference in Section 101.2, 2009 International Building Code, is hereby amended as follows: 1. Section R102.4 (Referenced codes and standards) is amended by adding the following to said section: ICC Electrical Code shall mean the National Electrical Code, as adopted and amended by the City of College Sta 2. Section R105.2 (Work exempt from permit) is amended by deleting number one under exceed 120 square feet and the structure complies with all of the following: a. The accessory structure is not located in a surface drainage easement. b. The accessory structure is not permanently affixed to the ground. c. The accessory structure is located in the rear yard. d. The accessory structure is not provided with utilities (sewer, water, gas or 3. not more 4. Section R105.2.4 is added to read as follows: R105.2.4 Homeowner permit. A property owner may obtain a building permit to perform work on a building owned and occupied by him as his homestead without registering with the City as a contractor. However, work involving the electrical, plumbing and mechanical 5. Section R106.3.1 (Approval of construction documents) is amended by deleting the last sentence in said section. 6. Section R108.3 (Building permit valuations) is amended by adding the following to said section: stimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the 7. Section R108.5 (Refunds) is amended by deleting the text in said section and replacing it with the following: 8. Section R112 (Board of Appeals) is amended by deleting the section in its entirety. 9. Section R202 (Definitions) is also amended by adding the following definitions: Air Gap, Irrigation System. A complete physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel. Atmospheric Vacuum Breaker. An assembly containing an air inlet valve, a check seat, and an air inlet port. The flow of water into the body causes the air inlet valve to close the air inlet port. When the flow of water stops the air inlet valve falls and forms a check against back-siphonage. At the same time it opens the air inlet port allowing air to enter and satisfy the vacuum. Also known as an Atmospheric Vacuum Breaker Back- Siphonage Prevention Assembly. 3-40 Rev. 02/07 Backflow Prevention, Irrigation System. The mechanical prevention of reverse flow, or back siphonage, of nonpotable water from an irrigation system into the potable water source. Backflow Prevention Assembly. Any assembly used to prevent backflow into a potable water system. The type of assembly used is based on the existing or potential degree of health hazard and backflow condition. Completion of Irrigation System Installation. When the landscape irrigation system has been installed, all minimum standards met, all tests performed, and the irrigator is satisfied that the system is operating correctly. Consulting, Irrigation System. The act of providing advice, guidance, review or recommendations related to landscape irrigation systems. Cross-Connection. An actual or potential connection between a potable water source and an irrigation system that may contain contaminates or pollutants or any source of water that has been treated to a lesser degree in the treatment process. Design, Irrigation System. The act of determining the various elements of a landscape irrigation system that will include, but not be limited to, elements such as collecting site specific information, defining the scope of the project, defining plant watering needs, selecting and laying out emission devices, locating system components, conducting hydraulics calculations, identifying any local regulatory requirements, or scheduling irrigation work at a site. Completion of the various components will result in an irrigation plan. Design Pressure, Irrigation System. The pressure that is required for an emission device to operate properly. Design pressure is calculated by adding the operating pressure necessary at an emission device to the total of all pressure losses accumulated from an emission device to the water source. Double Check Valve . An assembly that is composed of two independently acting, approved check valves, including tightly closed resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. Also known as a Double Check Valve Backflow Prevention Assembly. Emission Device. Any device that is contained within an irrigation system and that is used to apply water. Common emission devices in an irrigation system include, but are not limited to, spray and rotary sprinkler heads, and drip irrigation emitters. Employed, Irrigation Systems. Engaged or hired to provide consulting services or perform any activity relating to the sale, design, installation, maintenance, alteration, repair, or service to irrigation systems. A person is employed if that person is in an employer-employee relationship as defined by Internal Revenue Code, 26 United States Code Service, §3212(d) based on the behavioral control, financial control, and the type of relationship involved in performing employment related tasks. Head-to-Head Spacing, Irrigation System. The spacing of spray or rotary heads equal Health Hazard, Irrigation System. A cross-connection or potential cross-connection with an irrigation system that involves any substance that may, if introduced into the potable water supply, cause death or illness, spread disease, or have a high probability of causing such effects. Hydraulics. The science of dynamic and static water; the mathematical computation of determining pressure losses and pressure requirements of an irrigation system. Installer, Irrigation System. A person who actually connects an irrigation system to a private or public raw or potable water supply system or any water supply, who is licensed according to Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations). Irrigation Inspector. A person who inspects irrigation systems and performs other enforcement duties for a municipality or water district as an employee or as a contractor and is required to be licensed under Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations). Irrigation Plan. A scaled drawing of a landscape irrigation system which lists required information, the scope of the project, and represents the changes made in the installation 3-41 Rev. 02/07 of the irrigation system. Irrigation Services. Selling, designing, installing, maintaining, altering, repairing, servicing, permitting, providing consulting services regarding, or connecting an irrigation system to a water supply. Irrigation System. An assembly of component parts, including the backflow device and all equipment downstream, that is permanently installed for the controlled distribution and conservation of water to irrigate any type of landscape vegetation in any location, and/or to reduce dust or control erosion. This term does not include a system that is used on or by an agricultural operation as defined by Texas Agricultural Code, §251.002. Irrigation Technician. A person who works under the supervision of a licensed irrigator to install, maintain, alter, repair, service or supervise installation of an irrigation system, including the connection of such system in or to a private or public, raw or potable water supply system or any water supply, and who is required to be licensed under Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations). Irrigation Zone. A subdivision of an irrigation system with a matched precipitation rate based on plant material type (such as turf, shrubs, or trees), microclimate factors (such as sun/shade ratio), topographic features (such as slope) and soil conditions (such as sand, loam, clay, or combination) or for hydrological control. Irrigator. A person who sells, designs, offers consultations regarding, installs, maintains, alters, repairs, services or supervises the installation of an irrigation system, including the connection of such system to a private or public, raw or potable water supply system or any water supply, and who is required to be licensed under Title 30, Texas Administrative Code, Chapter 30. Irrigator-in-Charge. The irrigator responsible for all irrigation work performed by an exempt business owner, including, but not limited to obtaining permits, developing design plans, supervising the work of other irrigators or irrigation technicians, and installing, selling, maintaining, altering, repairing, or servicing a landscape irrigation system. Landscape Irrigation. The science of applying the necessary amount of water to promote or sustain healthy growth of plant material or turf. Irrigation License. An occupational license that is issued by the Texas Commission on Environmental Quality under Title 30, Texas Administrative Code, Chapter 30 to an individual that authorizes the individual to engage in an activity that is covered by Title 30, Texas Administrative Code, Chapter 30. Mainline, Irrigation System. A pipe within an irrigation system that delivers water from the water source to the individual zone valves. Maintenance Checklist, Irrigation System. A document made available to the irrigation operation and maintenance of the irrigation system, including, but not limited to: checking and repairing the irrigation system, setting the automatic controller, checking the rain or moisture sensor, cleaning filters, pruning grass and plants away from irrigation emitters, using and operating the irrigation system, the precipitation rates of each irrigation zone within the system, any water conservation measures currently in effect from the water purveyor, the name of the water purveyor, a suggested seasonal or monthly watering schedule based on current evapotranspiration data for the geographic region, and the minimum water requirements for the plant material in each zone based on the soil type and plant material where the system is installed. Major Maintenance, Alteration, Repair, or Service (Irrigation System). Any activity that involves opening to the atmosphere the irrigation main line at any point prior to the discharge side of any irrigation zone control valve. This includes, but is not limited to, repairing or connecting into a main supply pipe, replacing a zone control valve, or repairing a zone control valve in a manner that opens the system to the atmosphere. Master Valve, Irrigation System. A remote control valve located after the backflow prevention device that controls the flow of water to the irrigation system mainline. Matched Precipitation Rate. The condition in which all sprinkler heads within an irrigation zone apply water at the same rate. 3-42 Rev. 02/07 New Installation, Irrigation System. An irrigation system installed at a location where one did not previously exist . Pass-through Contract. A written contract between a contractor or builder and a licensed irrigator or exempt business owner to perform part or all of the irrigation services relating to an irrigation system. Pressure Vacuum Breaker. An assembly containing an independently operating internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. Also known as a Pressure Vacuum Breaker Back-siphonage Prevention Assembly. Reclaimed Water. Domestic or municipal wastewater which has been treated to a quality suitable for beneficial use, such as landscape irrigation. Records of Landscape Irrigation Activities. The irrigation plans, contracts, warranty information, invoices, copies of permits, and other documents that relate to the installation, maintenance, alteration, repair, or service of a landscape irrigation system. Reduced Pressure Principle Backflow Prevention Assembly. An assembly containing two independently acting approved check valves together with a hydraulically operating mechanically independent pressure differential relief valve located between the two check valves and below the first check valve. Static Water Pressure. The pressure of water when it is not moving. Supervision, Landscape Irrigation. The on-the-job oversight and direction by a licensed irrigator who is fulfilling his or her professional responsibility to the client and/or employer in compliance with local or state requirements. Also a licensed installer working under the direction of a licensed irrigator or an irrigation technician who is working under the direction of a licensed irrigator to install, maintain, alter, repair or service an irrigation system. Water Conservation, Irrigation System. The design, installation, service, and operation of an irrigation system in a manner that prevents the waste of water, promotes the most efficient use of water, and applies the least amount of water that is required to maintain healthy individual plant material or turf, reduce dust, and control erosion. Zone Flow. A measurement, in gallons per minute or gallons per hour, of the actual flow of water through a zone valve, calculated by individually opening each zone valve and obtaining a valid reading after the pressure has stabilized. For design purposes, the zone flow is the total flow of all nozzles in the zone at a specific pressure. Zone Valve, Irrigation System. An automatic valve that controls a single zone of a landscape irrigation system. 10. Section R302.1 (Exterior walls) is amended by deleting the existing text and replacing it with the following: R302.1 Exterior walls . Exterior walls with a fire separation distance less than 3 feet shall have not less than a one hour fire-resistive rating with exposure from both sides. The above provisions shall not apply to walls which are perpendicular to the line used to determine the fire separation distance. Exception : Tool and storage sheds, playhouses and similar structures exempted from permits by Section R105.2 are not required to provide wall protection based on location on the lot. Projections. Projections may extend beyond the exterior wall on zero lot line construction. Projections shall be constructed from non-combustible material on the underside and may allow manufactured perforated soffit material installed for attic ventilation.. The soffit may project a maximum of 18 inches, excluding non-combustible gutters, over the adjacent property line. Exception: Tool and storage sheds, playhouses and similar structures exempted from permits by Section R 105.2 shall not extend over the lot line in zero lot line construction. 3-43 Rev. 02/07 Combustibles in maintenance easement. The construction ofany structure utilizing combustible material or the storage of combustible material is prohibited within the UDO. Exception: A wood fence may be installed in the maintenance easement. 11. Section 302.2 (Townhouses) is amended by deleting the exception in the said section: 12. Section R302.5 (Separation required) is amended by adding the following exception: One unprotected attic access opening, not exceeding 30 inches by 54 13. Section R310.1.1 (Minimum opening area) is amended by deleting the section in its entirety. 14. Section R311.7.7.2 (Continuity) is amended by deleting the following text in said section: 15. Section R313 (Automatic Sprinkler Systems) is amended by deleting the section in its entirety. 16. Section R318.2 (Chemical termiticide treatment) is amended by adding the following to the end of said section: and contractor hired to apply the chemicals shall submit to the Building Department when applying for the Building Permit, and verification of the 17. Section R319.1 (Premises identification) is amended by deleting the existing text in its entirety and replacing it with the following: 18. Section 322.2.1 (Elevation requirements) is amended by deleting the existing text, save the exception, and replacing it with the following: City of College Station Code of Ordinances, Chapter 13 (Flood Hazard Protection) and the City of College Station Drainage Policy and Design Standards (refer to Section II.D). 2. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated above the highest adjacent grade as the depth number specified in feet on the Flood Insurance Rate Maps, or at least 2 feet if a depth number is not specified, plus the additional footage requirements in the City of College Station Code of Ordinances, Chapter 13 (Flood Hazard Protection) and the City of College Station Drainage Policy and Design Standards (refer to Section II.D). 3. Basement floors that are below grade on all sides shall be elevated in accordance with the City of College Station Code of Ordinances, Chapter 13 (Flood Hazard Protection) and the City of College Station Drainage Policy and Design Standards (refer to Section II.D). 3-44 Rev. 02/07 19. Section R403.1.3.2 (Slabs-on-ground with turned-down footings) is amended by deleting the existing text and replacing it with the following to read as follows: -on-ground with turned-down footings shall comply with the minimum foundation 20. Chapter 11 (Energy Efficiency) is amended by deleting this chapter in its entirety and replacing it with the following. -and-two family dwellings shall comply with the 2009 International Energy 21. Section M1411.3 (Condensate disposal) is amended by deleting the existing text and replacing with the following: outlet to the sanitary sewer system, if available. The condensate drain shall be connected to the sanitary sewer system in a manner approved by the code official. Exception : Whena sanitary sewer system is not available on the premises, or connection thereto is not practical, the condensate shall discharge into an approved 22. Section M1501.1 (Outdoor discharge) is amended by deleting the last sentence in said section. 23. Section M1507.2 (Recirculation of air) is amended by deleting the last sentence in said section, and replacing it with the following: the vent termination shall be unobstructed and within 6 inches of the soffit vent or ridge 24. Section G2408.3 (Private garages) is amended by deleting the section in its entirety. 25. Section G2414.5.2 (Copper tubing) is amended by deleting said section in its entirety. 26. Section G2417.1.2 (Repairs and additions) is amended by deleting the existing text in its entirety and replacing it with the following: shall be tested. If approved by the code official, minor repairs and additions are not required to be pressure tested provided the work is inspected and connections are tested with a noncorrosive leak- 27. Section G2417.4 (Test pressure measurement) is amended by deleting the existing text in its entirety and replacing it with the following: 28. Section G2417.4.1 (Test pressure) is amended by deleting the existing text in its entirety and replacing it with the following: 3-45 Rev. 02/07 29. Section P2503.8 (Inspection and testing of backflow prevention devices) is amended by deleting the section in its entirety and replacing with the following: 30. P2803.6.1 (Requirements for discharge pipe) is amended by deleting number five and replacing it with the following: 31. Section P2902.5.3 (Lawn irrigation systems) is amended by deleting the existing text in its entirety and replacing it with the following: P2902.5.3 Lawn Irrigation Systems P2902.5.3.1 Valid License Required. Any person who connects an irrigation system to commonly referred to as the ETJ, must hold a valid license, as defined by Title 30, Texas Administrative Code, Chapter 30 and required by Chapter 1903 of the Texas Occupations Code, or as defined by Chapter 365, Title 22 of the Texas Administrative Code and required by Chapter 1301 of the Texas Occupations Code. Exception: A property owner is not required to be licensed in accordance with Texas Occupations Code, Title 12, §1903.002(c)(1) if he or she is performing irrigation work in a building or on a prem home or property owner who installs an irrigation system must meet the standards contained in Title 30, Texas Administrative Code, Chapter 344 regarding spacing, water pressure, spraying water over impervious materials, rain or moisture shut-off devices or other technology, backflow prevention and isolation valves. See Texas Occupations Code §1903.002 for other exemptions to the licensing requirement. P2902.5.3.2 Permit Required. Any person installing an irrigation system within the territorial limits or extraterritorial jurisdiction of the city is required to obtain a permit from the city prior to beginning work on the irrigation system. A completed irrigation permit application and irrigation plan must be a submitted to the city and approved before a permit will be issued by the city. The irrigation plan must be in compliance with the requirements of this section. Exceptions: (1) An irrigation system that is an on-site sewage disposal system, as defined by Section 366.002, Health and Safety Code; or (2) An irrigation system used on or by an agricultural operation as defined by Section 251.002, Agriculture Code; or (3) An irrigation system connected to a groundwater well used by a property owner strictly for domestic use. P2902.5.3.3 Backflow Prevention Methods and Devices. Any irrigation system that is connected to the potable water supply must be connected through a backflow prevention method approved by the Texas Commission on Environmental Quality (TCEQ). The backflow prevention device must be approved by the Foundation for Cross-Connection Control and Hydraulic Research, the University of Southern California, the International Plumbing Code, or any other laboratory that has equivalent capabilities for both the laboratory and field evaluation of backflow prevention assemblies. The backflow prevention device must be installed in accordance with the laboratory approval standards or if the approval does not include specific installation information, the manufacturer's 3-46 Rev. 02/07 current published recommendations. If conditions that present a health hazard exist, one of the following methods must be used to prevent backflow; (1) An air gap may be used if: (a) there is an unobstructed physical separation; and (b) the distance from the lowest point of the water supply outlet to the flood rim of the fixture or assembly into which the outlet discharges is at least one inch or twice the diameter of the water supply outlet, whichever is greater. (2) Reduced pressure principle backflow prevention assemblies may be used if: (a) the device is installed at a minimum of 12 inches above ground in a location that will ensure that the assembly will not be submerged; and (b) drainage is provided for any water that may be discharged through the assembly relief valve. (3) Atmospheric vacuum breakers may only be used as replacements on existing systems utilizing atmospheric vacuum breakers if: (a) no back-pressure will be present; (b) there are no shutoff valves downstream from the atmospheric vacuum breaker; (c) the device is installed at a minimum of six inches above any downstream piping and the highest downstream opening. Pop-up sprinklers are measured from the retracted position from the top of the sprinkler; (d) there is no continuous pressure on the supply side of the atmospheric vacuum breaker for more than 12 hours in any 24-hour period; and (e) a separate atmospheric vacuum breaker is installed on the discharge side of each irrigation control valve, between the valve and all the emission devices that the valve controls. (4) Pressure vacuum breakers may be used if: (a) no back-pressure condition will occur; and (b) the device is installed at a minimum of 12 inches above any downstream piping and the highest downstream opening. Pop-up sprinklers are measured from the retracted position from the top of the sprinkler. All backflow prevention devices used in applications designated as health hazards must be tested upon installation and annually thereafter. If there are no conditions that present a health hazard, double check valve backflow prevention assemblies may be used to prevent backflow if the device is tested upon installation and test cocks are used for testing only. A double check valve may be installed below ground if: (a) the double check valve assembly is installed in a vault or other approved enclosure that which is constructed of a durable material. The vault or enclosure shall either be of solid (waterproof) construction with an integral bottom or bottomless to facilitate drainage. If the vault or enclosure is bottomless, a minimum of four (4) inches of washed gravel shall be installed below the assembly. The washed gravel shall have a diameter of between 3/8 inch and 3/4 inch (inclusive); (b) the test cocks are plugged with a non-ferrous material (brass, plastic, etc.) except when the double check valve is being tested; (c) the test cock plugs are threaded, water-tight, and made of non-ferrous material; (d) a y-type strainer is installed on the inlet side of the double check valve; (e) a minimum clearance of three (3) inches is provided between any fill material and the bottom of the double check valve to allow space for testing and repair; and (f) a minimum clearance of four (4) inches is provided on the sides of the double check valve to test and repair the double check valve. If an existing irrigation system without a backflow-prevention assembly requires major maintenance, alteration, repair, or service, the system must be connected to the potable water supply through an approved, properly installed backflow prevention method before any major maintenance, alteration, repair, or service is performed. If an irrigation system is connected to a potable water supply through a double check valve, pressure vacuum breaker, or reduced pressure principle backflow assembly and includes an automatic master valve on the system, the automatic master valve must be 3-47 Rev. 02/07 installed on the discharge side of the backflow prevention assembly. The irrigator shall ensure the backflow prevention device is tested by a licensed Backflow Prevention Assembly Tester prior to being placed in service. The tester must be registered with the City of College Station and the test results must be provided to the local water purveyor and the irrigation system's owner or owner's representative within ten business days of testing of the backflow prevention device. P2902.5.3.4 Specific Conditions and Cross-Connection Control. Before any chemical is added to an irrigation system connected to the potable water supply, the irrigation system must be connected through a reduced pressure principle backflow prevention assembly or air gap. Connection of any additional water source to an irrigation system that is connected to the potable water supply can only be done if the irrigation system is connected to the potable water supply through a reduced-pressure principle backflow prevention assembly or an air gap. Irrigation system components with chemical additives induced by aspiration, injection, or emission system connected to any potable water supply must be connected through a reduced pressure principle backflow device. If an irrigation system is designed or installed on a property that is served by an on-site sewage facility, as defined in Title 30, Texas Administrative Code, Chapter 285, then: (1) all irrigation piping and valves must meet the separation distances from the On-Site Sewage Facilities system as required for a private water line in Title 30, Texas Administrative Code, Section 285.91(10); (2) any connections us potable water system must be connected to the water source through a reduced pressure principle backflow prevention assembly as defined in Title 30, Texas Administrative Code, Section 344.50; and (3) any water from the irrigation system that is applied to the surface of the area utilized by the On-Site Sewage Facility system must be controlled on a separate irrigation zone or zones so as to allow complete control of any irrigation to that area so that there will not be excess water that would prevent the On-Site Sewage Facilities system from operating effectively. P2902.5.3.5 Water Conservation. All irrigation systems shall be designed, installed, maintained, altered, repaired, serviced, and operated in a manner that will promote water conservation as defined in the Definitions section of this ordinance. P2902.5.3.6 Irrigation Plan Design. An irrigator shall prepare an irrigation plan for each site where a new irrigation system will be installed. A paper or electronic copy of the irrigation plan must be on the job site at all times during the installation of the irrigation system. A drawing showing the actual installation of the system is due to each irrigation system owner after all new irrigation system installations. During the installation of the irrigation system, variances from the original plan may be authorized by the licensed irrigator if the variance from the plan does not: (1) diminish the operational integrity of the irrigation system; (2) violate any requirements of this ordinance; and (3) go unnoted in red on the irrigation plan. The irrigation plan must include complete coverage of the area to be irrigated. If a system does not provide complete coverage of the area to be irrigated, it must be noted on the irrigation plan. All irrigation plans used for construction must be drawn to scale. The plan must include, at a minimum, the following information: (1) the irrigator's seal, signature, and date of signing; (2) all major physical features and the boundaries of the areas to be watered; (3) a North arrow; (4) a legend; 3-48 Rev. 02/07 (5) the zone flow measurement for each zone; (6) location and type of each: (a) controller; and (b) sensor (for example, but not limited to, rain, moisture, wind, flow, or freeze); (7) location, type, and size of each: (a) water source, such as, but not limited to a water meter and point(s) of connection; (b) backflow prevention device; (c) water emission device, including, but not limited to, spray heads, rotary sprinkler heads, quick-couplers, bubblers, drip, or micro-sprays; (d) valve, including but not limited to, zone valves, master valves, and isolation valves; (e) pressure regulation component; and (f) main line and lateral piping. (8) the scale used; and (9) the design pressure. P2902.5.3.7 Design and Installation. No irrigation design or installation shall require the use of any component, including the water meter, in a way which exceeds the manufacturer's published performance limitations for the component. P2902.5.3.7.1 Spacing. The maximum spacing between emission devices must not exceed the manufacturer's published radius or spacing of the device(s). The radius or spacing is determined by referring to the manufacturer's published specifications for a specific emission device at a specific operating pressure. New irrigation systems shall not utilize above-ground spray emission devices in landscapes that are less than 48 inches not including the impervious surfaces in either length or width and which contain impervious pedestrian or vehicular traffic surfaces along two or more perimeters. If pop- up sprays or rotary sprinkler heads are used in a new irrigation system, the sprinkler heads must direct flow away from any adjacent surface and shall not be installed closer than four inches from a hardscape such as, but not limited to, a building foundation, fence, concrete, asphalt, pavers, or stones set with mortar. Exception: Narrow paved walkways, jogging paths, golf cart paths or other small areas located in cemeteries, parks, golf courses or other public areas if the runoff drains into a landscaped area. P2902.5.3.7.2 Water Pressure. Emission devices must be installed to operate at the minimum and not above the maximum sprinkler head pressure as published by the manufacturer for the nozzle and head spacing that is used. Methods to achieve the water pressure requirements include, but are not limited to, flow control valves, a pressure regulator, or pressure compensating spray heads. P2902.5.3.7.3 Piping. Piping in irrigation systems must be designed and installed so that the flow of water in the pipe will not exceed a velocity of five feet per second for polyvinyl chloride (PVC) pipe. P2902.5.3.7.4 Irrigation Zones. Irrigation systems shall have separate zones based on plant material type, microclimate factors, topographic features, soil conditions, and hydrological requirements. P2902.5.3.7.5 Matched Precipitation Rate. Zones must be designed and installed so that all of the emission devices in that zone irrigate at the same precipitation rate. 3-49 Rev. 02/07 P2902.5.3.7.6 Impervious Surfaces. Irrigation systems shall not spray water over surfaces made of concrete, asphalt, brick, wood, stones set with mortar, or any other impervious material, such as, but not limited to, walls, fences, sidewalks, streets, etc. P2902.5.3.7.7 Master Valve. When provided, a master valve shall be installed on the discharge side of the backflow prevention device on all new installations. P2902.5.3.7.8 PVC Pipe Primer Solvent. All new irrigation systems that are installed using PVC pipe and fittings shall be primed with a colored primer prior to applying the PVC cement in accordance with the International Plumbing Code (Section 605). P2902.5.3.7.9 Rain or Moisture Sensor. All new automatically controlled irrigation systems must include sensors or other technology designed to inhibit or interrupt operation of the irrigation system during periods of moisture or rainfall. Rain or moisture shut-off technology must be installed according to the manufacturer's published recommendations. Repairs to existing automatic irrigation systems that require replacement of an existing controller must include a sensor or other technology designed to inhibit or interrupt operation of the irrigation system during periods of moisture or rainfall. P2902.5.3.7.10 Isolation Valve. All new irrigation systems must include an isolation valve between the water meter and the backflow prevention device. P2902.5.3.7.11 Depth Coverage of Piping. Piping in all irrigation systems must be installed according to the manufacturer's published specifications for depth coverage of piping. If the manufacturer has not published specifications for depth coverage of piping, the piping must be installed to provide minimum depth coverage of six inches of select backfill, between the top of the pipe and the natural grade of the topsoil. All portions of the irrigation system that fail to meet this standard must be noted on the irrigation plan. If the area being irrigated has rock at a depth of six inches or less, select backfill may be mounded over the pipe. Mounding must be noted on the irrigation plan and discussed with the irrigation system owner or owner's representative to address any safety issues. If a utility, man-made structure or roots create an unavoidable obstacle, which makes the six-inch depth coverage requirement impractical, the piping shall be installed to provide a minimum of two inches of select backfill between the top of the pipe and the natural grade of the topsoil. All trenches and holes created during installation of an irrigation system must be backfilled and compacted to the original grade. P2902.5.3.7.12 Irrigation System Wiring. Underground electrical wiring used to connect an automatic controller to any electrical component of the irrigation system must be listed by Underwriters Laboratories as acceptable for burial underground. Electrical wiring that connects any electrical components of an irrigation system must be sized according to the manufacturer's recommendation. Electrical wire splices which may be exposed to moisture must be waterproof as certified by the wire splice manufacturer. Underground electrical wiring that connects an automatic controller to any electrical component of the irrigation system must be buried with a minimum of six inches of select backfill. P2902.5.3.13 Irrigation System Water. Water contained within the piping of an irrigation system is deemed to be non-potable. No drinking or domestic water usage, such as, but not limited to, filling swimming pools or decorative fountains, shall be connected to an irrigation system. If a hose bib (an outdoor water faucet that has hose threads on the spout) is connected to an irrigation system for the purpose of providing supplemental water to an area, 3-50 Rev. 02/07 the hose bib must be installed using a quick coupler key on a quick coupler installed in a covered purple valve box and the hose bib and any hoses connected to the bib must be labeled "non potable, not safe for drinking." An isolation valve must be installed upstream of a quick coupler connecting a hose bib to an irrigation system. P2902.5.3.7.14 Licensed Person On Site During Installation. Beginning January 1, 2010, either a licensed irrigator or a licensed irrigation technician shall be on-site at all times while the landscape irrigation system is being installed. When an irrigator is not onsite, the irrigator shall be responsible for ensuring that a licensed irrigation technician is on-site to supervise the installation of the irrigation system. P2902.5.3.8 Completion of Irrigation System Installation. Upon completion of the irrigation system, the irrigator or irrigation technician who provided supervision for the on-site installation shall be required to complete the following four items: (1) a final walk through with the irrigation system's owner or the owner's representative to explain the operation of the system; (2) The maintenance checklist on which the irrigator or irrigation technician shall obtain the signature of the irrigation system's owner or owner's representative and shall sign, date, and seal the checklist. If the irrigation system's owner or owner's representative is unwilling or unable to sign the maintenance checklist, the irrigator shall note the time and date of the refusal on the irrigation system's owner or owner's representative's signature line. The irrigation system owner or owner's representative will be given the original maintenance checklist and a duplicate copy of the maintenance checklist shall be maintained by the irrigator. The items on the maintenance checklist shall include but are not limited to: (a) the manufacturer's manual for the automatic controller, if the system is automatic; (b) a seasonal (spring, summer, fall, winter) watering schedule based on either current/real time evapotranspiration or monthly historical reference evapotranspiration (historical ET) data, monthly effective rainfall estimates, plant landscape coefficient factors, and site factors; (c) a list of components, such as the nozzle, or pump filters, and other such components; that require maintenance and the recommended frequency for the service; and (d) the statement, "This irrigation system has been installed in accordance with all applicable state and local laws, ordinances, rules, regulations or orders. I have tested the system and determined that it has been installed according to the Irrigation Plan and is properly adjusted for the most efficient application of water at this time." (3) A permanent sticker which contains the irrigator's name, license number, company name, telephone number and the dates of the warranty period shall be affixed to each automatic controller installed by the irrigator or irrigation technician. If the irrigation system is manual, the sticker shall be affixed to the original maintenance checklist. The information contained on the sticker must be printed with waterproof ink and include: (4) The irrigation plan indicating the actual installation of the system must be provided to the irrigation system's owner or owner representative. P2902.5.3.9 Maintenance, Alteration, Repair, or Service of Irrigation Systems. The licensed irrigator is responsible for all work that the irrigator performed during the maintenance, alteration, repair, or service of an irrigation system during the warranty period. The irrigator or business owner is not responsible for the professional negligence of any other irrigator who subsequently conducts any irrigation service on the same 3-51 Rev. 02/07 irrigation system. All trenches and holes created during the maintenance, alteration, repair, or service of an irrigation system must be returned to the original grade with compacted select backfill. Colored PVC pipe primer solvent must be used on all pipes and fittings used in the maintenance, alteration, repair, or service of an irrigation system in accordance with the adopted International Plumbing Code (Section 605). When maintenance, alteration, repair or service of an irrigation system involves excavation work at the water meter or backflow prevention device, an isolation valve shall be installed, if an isolation valve is not present. P2902.5.3.10 Reclaimed Water. Reclaimed water may be utilized in landscape irrigation systems if: (1) there is no direct contact with edible crops, unless the crop is pasteurized before consumption; (2) the irrigation system does not spray water across property lines that do not belong to the irrigation system's owner; (3) the irrigation system is installed using purple components; (4) the domestic potable water line is connected using an air gap or a reduced pressure principle backflow prevention device, in accordance with §290.47(i) of this title (relating to Appendices); (5) a minimum of an eight inch by eight inch sign is prominently posted on/in the area that is being irrigated, that reads, "RECLAIMED WATER DO NOT DRINK" ; and (6) backflow prevention on the reclaimed water supply line shall be provided in P2902.5.3.11 Advertisement Requirements. All vehicles used in the performance of irrigation installation, maintenance, alteration, repair, or service must display the irrigator's license number in the form of "LI________" in a contrasting color of block letters at least two inches high, on both sides of the vehicle. All forms of written and electronic advertisements for irrigation services must display the irrigator's license number in the form of "LI___________." Any form of advertisement, including business cards, and estimates which displays an entity's or individual's name other than that of the licensed irrigator must also display the name of the licensed irrigator and the licensed irrigator's license number. Trailers that advertise irrigation services must display the irrigator's license number. The name, mailing address, and telephone number of the commission must be prominently displayed on a legible sign and displayed in plain view for the purpose of addressing complaints at the permanent structure where irrigation business is primarily conducted and irrigation records are kept. P2902.5.3.12 Contracts. All contracts to install an irrigation system must be in writing and signed by each party and must specify the irrigator's name, license number, business address, current business telephone numbers, the date that each party signed the agreement, the total agreed price, and must contain the statement, "Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ), MC-178, P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's website is: www. tceq.state.tx.us." All contracts must include the irrigator's seal, signature, and date. All written estimates, proposals, bids, and invoices relating to the installation or repair of an irrigation system(s) must include the irrigator's name, license number, business address, current business telephone number(s), and the statement: "Irrigation in Texas is regulated by the Texas Commission On Environmental Quality (TCEQ) (MC-178), P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's web site is: www.tceq.state.tx.us." An individual who agrees by contract to provide irrigation services as defined in §344.30 of this title (relating to License Required) shall hold an irrigator license issued under Title 30, Texas Administrative Code, Chapter 30 (relating to Occupational Licenses and Registrations) unless the contract is a pass-through contract as defined in §344.1(36) of this title (relating to Definitions). If a pass-through contract includes irrigation services, 3-52 Rev. 02/07 then the irrigation portion of the contract can only be performed by a licensed irrigator. If an irrigator installs a system pursuant to a pass-through contract, the irrigator shall still be responsible for providing the irrigation system's owner or through contract, the irrigator shall still be responsible for providing the irrigation system's owner or owner's representative a copy of the warranty and all other documents required under this chapter. A pass-through contract must identify by name and license number the irrigator that will perform the work and must provide a mechanism for contacting the irrigator for irrigation system warranty work. The contract must include the dates that the warranty is valid. P2902.5.3.13 Warranties for Irrigation Systems. On all installations of new irrigation systems, an irrigator shall present the irrigation system's owner or owner's representative with a written warranty covering materials and labor furnished in the new installation of the irrigation system. The irrigator shall be responsible for adhering to terms of the warranty. If the irrigator's warranty is less than the manufacturer's warranty for the system components, then the irrigator shall provide the irrigation system's owner or the owner's representative with applicable information regarding the manufacturer's warranty period. The warranty must include the irrigator's seal, signature, and date. If the warranty is part of an irrigator's contract, a separate warranty document is not required. An irrigator's written warranty on new irrigation systems must specify the irrigator's name, business address, and business telephone number(s), must contain the signature of the irrigation system's owner or owner's representative confirming receipt of the warranty and must include the statement: "Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ), MC-178, P.O. Box 130897, Austin, Texas 78711-3087. TCEQ's website is: www.tceq.state.tx.us." On all maintenance, alterations, repairs, or service to existing irrigation systems, an irrigator shall present the irrigation system's owner or owner's representative a written document that identifies the materials furnished in the maintenance, alteration, repair, or service. If a warranty is provided, the irrigator shall abide by the terms. The warranty document must include the irrigator's name and business contact information. P2902.5.3.14 Duties and Responsibilities of City Irrigation Inspectors. A licensed irrigation inspector or plumbing inspector shall enforce the ordinance of the city, and shall be responsible for: (1) verifying that the appropriate permits have been obtained for an irrigation system and that the irrigator and installer or irrigation technician, if applicable, are licensed; (2) inspecting the irrigation system; (3) determining that the irrigation system complies with the requirements of this section; (4) determining that the appropriate backflow prevention device was installed and tested; (5) investigating complaints related to irrigation system installation, maintenance, alteration, repairs, or service of an irrigation system and advertisement of irrigation services; and 32. Table P2905.4 (Water service pipe) is amended by deleting the following materials: Asbestos-cement pipe Polybutylene (PB) plastic pipe and tubing Polyethylene (PE) plastic pipe Polyethylene (PE) plastic tubing Polyethylene/aluminum/polyethylene (PE-AL-PE) pipe 33. Table P2905.5 (Water distribution pipe) is amended by deleting the following materials: 3-53 Rev. 02/07 Polyethylene/aluminum/polyethylene (PE-AL- 34. Section P2905.5.1 (Under concrete slabs) is amended by deleting the existing text and replacing it with the following: cross-linked polyethylene (PEX) tubing, or cross-linked polyethylene/aluminum/cross- linked polyethylene (PEX-AL-PEX) pipe, all installed without joints or connections. Materials subject to corrosion shall be protected when exposed to concrete or corrosive 35. Section 2905.5.2 (Sleeved cross-linked polyethylene piping or tubing) is amended by adding the following section: Sleeved cross-- linked polyethylene (PEX) plastic piping or tubing installed under concrete slabs the annular space between the piping or tubing and the sleeve must be caulked, foamed, or 36. Section P3002.2. (Building sewer) is amended by adding P3002.2.1 to read as follows: P3002.2.1 Depth of building sewer. Building sewer pipe shall be installed with a minimum of twelve (12) inches of cover. Where conditions prohibit the required amount of cover, cast iron pipe with approved joints may be used unless other means of protecting 37. Section E3401.1 (applicability) is amended by deleting the section in its entirety and replacing with the following: National Electrical Code, as adopted and 38. Appendix G (Swimming Pools, Spas And Hot Tubs) is hereby adopted 39. Appendix O (Gray Water Recycling Systems) is hereby adopted 3-54 Rev. 02/07 AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE C. The International Fuel Gas Code adopted by reference in Section 101.4.1, 2009 International Building Code is hereby amended as follows: 1. Section 102.8 (Referenced codes and standards) is amended by adding the following exception: National Electrical 2. Section 106.3 (Application for permit) is amended by deleting the text in said section and replacing it with the following: 3. Section 106.5.2 (Fee schedule) is amended by deleting the section in its entirety. 4. Section 106.5.3 (Fee refunds) is amended by deleting the text in said section and replacing it with the following: 5. Section 109 (Means of Appeal) is amended by deleting the section in its entirety. 6. Section 305.5 (Private garages) is amended by deleting the section in its entirety. 7. Section 305. 8. Section 403.4.3 (Copper and brass) is amended by deleting the section in its entirety. 9. Section 403.5.2 (Copper and brass tubing) is amended by deleting the section in its entirety. 10. Section 406.1.2 (Repairs and additions) is amended by deleting the existing text in its entirety and replacing it with the following: d piping shall be tested. If approved by the code official, minor repairs and additions are not required to be pressure tested provided the work is inspected and connections are tested with a noncorrosive leak-detecting fluid or other leak detecting method 11. Section 406.4 (Test pressure measurement) is amended by adding the following to the end of said section: gauge utilizing a dial with a minimum diameter of three and one- hand, 2/10 pound incrementation and a pressure range not more than twenty (20) psi shall be acceptable. A mechanical spring gauge is only acceptable for use on gas systems requiring a pressure test of more than 20 ps 12. Section 406.4.1 (Test pressure) is amended by deleting the existing text in it entirety and replacing it with the following: pressure, but no less than five 13. Section 406.4.2 (Test duration) is amended by deleting the existing text in its entirety and replacing it with the following: ot less 3-55 Rev. 02/07 AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE D. The International Mechanical Code adopted by reference in Section 101.4.2, 2009 International Building Code is hereby amended as follows: 1. Section 102.8 (Referenced codes and standards) is amended by adding the following exception: Any reference to the ICC Electrical Code shall mean the National Electrical 2 Section 106.3 (Application for permit) is amended by deleting the text in said section and replacing it with the following: 3 Section 106.5.2 (Fee schedule) is amended by deleting the section in its entirety. 4 Section 106.5.3 (Fee refunds) is amended by deleting the text in said section and replacing it with the following: 5 Section 108.5 (Stop work orders) is amended by inserting the following amounts in the blanks provided at the end of said section: -five ($25.00) in the first blank and two- 6 Section 109 (Means of Appeal) is amended by deleting the section in its entirety. 7 Section 304.7 (Private garages) is amended by deleting the section in its entirety. 8 Section 507.16.1 (Capture and containment test) is amended by deleting the section in its entirety. 3-56 Rev. 02/07 AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE E. The International Plumbing Code adopted by reference in Section 101.4.3, 2009 International Building Code is hereby amended as follows: 1 Section 102.8 (Referenced codes and standards) is amended by adding the following exception: 2 Section106.3 (Application for permit) is amended by deleting the text in said section and replacing it with the following: 3 Section 106.6.2 (Fee Schedule) is amended by deleting this section in its entirety. 4 Section 106.6.3 (Fee refunds) is amended by deleting the text in said section and replacing it with the following: 5 Section 108.5 (Stop work orders) is amended by inserting the following amounts in the blanks provided at the end of said section: -five ($25.00) in the first blank and two- 6 Section 109 (Means of Appeal) is amended by deleting the section in its entirety. 7 both blanks and adding the following sentence to the end of said section. joints may be used unless other means of protecting the pipe is provided as approved by the Bu 8 Section 312.1 (Required tests) is amended by deleting the following text from said section: 9 Section 312.2 (Drainage and vent water test) is amended by deleting said section in its entirety and replacing with the following: its entirety or in sections. If applied to the entire system, all openings in the piping shall be tightly closed, except the highest opening, and the system shall be filled with water to the point of overflow. If the system is tested in sections, each opening shall be tightly plugged except the highest opening of the section under test, and each section shall be tested with not less than a 10-foot head of water. This pressure shall be held for at least 10 Section 312.3 (Drainage and vent air test) is amended by deleting said section in its entirety and replacing with the following: 3-57 Rev. 02/07 into the system until there is uniform gauge pressure of 5 pounds per square inch (psi) or sufficient to balance a 10-inch column of mercury. This pressure shall be held for a test period of at least 15 minutes. Any adjustment to the test pressure required because of changes in ambient temperature or the seating of gaskets shall be made prior to the 11 Section 312.10 (Inspection and testing of backflow prevention assemblies.) is amended by deleting said section in its entirety and replacing with the following: Inspection and testing of backflow prevention assemblies. Upon initial installation, an inspection shall be made of all backflow prevention devices and assemblies to determine whether they are operable. Testing of all backflow prevention devices and assemblies shall be in accordance with Chapter 11, Section 10, Subsection F, of the Code of O 12 Section 410.1 (Approval) is amended by deleting the last sentence in said section and replacing it with the following: ll 13 Table 605.3 (Water Service Pipe) is amended by deleting the following materials: Acrylonitrile butadiene styrene (ABS) plastic pipe Asbestos cement pipe Polybutylene (PB) plastic pipe and tubing Polyethylene (PE) plastic pipe Polyethylene (PE) plastic tubing Polyethylene/aluminum/polyethylene (PE-AL-PE) pipe 14 Table 605.4 (Water Distribution Pipe) is amended by deleting the following materials: Polybutylene (PB) plastic pipe and tubing Polyethylene/aluminum/polyethylene (PE-AL-PE) pipe 15 Section 606 (Installation of the Building Water Distribution System) is amended by adding section 606.7 to read as follows: be copper (minimum type K), cross-link polyethylene (PEX) tubing, or cross-linked polyethylene/aluminum/ polyethylene (PEX-AL-PEX) pipe, all installed without joints or connections. Materials subject to corrosion shall be protected when exposed to concrete 16 Section 606.8 (Sleeved cross-linked polyethylene piping or tubing) is amended by adding the following section: Sleeved cross--linked polyethylene (PEX) plastic piping or tubing installed under concrete slabs the annular space between the piping or tubing and the sleeve must be caulked, foamed, or otherwise 17 Section 608.16.5 (Connections to lawn irrigation systems) is amended by adding the following sentence to the end of the section. 3-58 Rev. 02/07 18 Section 701.2 (Sewer required) is amended by deleting the section in its entirety and replacing with the following: premises having sanitary drainage piping shall be connected to an approved sewer. Private sewage system (Chapter 11, Section 2). All private sewage disposal systems must comply with the latest adopted standards of the Texas Commission on Environmental Quality and be installed under the direction of the Brazos County Health Department. The installer shall be 19 Section 1003.3.4 (Grease interceptors and automatic grease removal devices) is amended by deleting the section in its entirety. 20 Section 1003.3.2 (Food waste grinders) is amended by adding the following exception: permit are not required to have solids interceptor when the food waster grinder discharge line connects (Ordinance No. 2010-3279 on September 9, 2010) 3-59 Rev. 02/07 AMENDMENTS TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE . FThe International Property Maintenance Code adopted by reference in Section 101.4.4, 2009 International Building Code is hereby amended as follows: 1 Section 102.7 (Referenced codes and standards) is amended by adding the following exception: Any reference to the ICC Electrical Code shall mean the National Electrical Code, 2 Section 107 (Notices and orders) is amended by deleting the section in its entirety. 3 Section 108 (Unsafe Structures and Equipment) is amended by deleting the section in its entirety. 4 Section 109 (Emergency Measures) is amended by deleting the section in its entirety. 5 Section 110 (Demolition) is amended by deleting the section in its entirety. 6 Section 111 (Means of Appeal) is amended by deleting the section in its entirety. 7 Section 302.4 (Weeds) is amended by deleting the section in its entirety. 8 Section 304.3 (Premises identification) is amended by deleting the text in said section and replacing it with the following: pliance with Section 501.2, 2009 International 9 Section 304.14 (Insect screens) is amended by deleting the existing text and replacing it with the following: rooms, food preparation areas, food service areas or any other areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25mm) and every swinging door shall have a self-closing device in good working condition. Exceptions: 1. Screens shall not be required where other approved means, such as air curtains or insect repellant fans, are employed. 2. Screens shall not be required for windows and doors enclosing habitable spaces that contain central heating and air conditioning equipment that provide mechanical 3-60 Rev. 02/07 10 Section 602.3 (Heat supply) is amended by adding the following dates in the blanks provided: 11 Section 602.4 (Occupiable work space) is amended by adding the following dates in the blanks provided: 12 Section 602.4 (Occupiable work spaces) is amended by adding the following exception: basis. 13 Appendix A (Boarding Standard) is hereby adopted. 3-61 Rev. 02/07 AMENDMENTS TO THE ENERGY CONSERVATION CODE G. The International Energy Conservation Code adopted by reference in Section 101.4.6, 2009 International Building Code, is hereby amended as follows: 1. Section 106.1 (General) is amended by adding the following to said section: 2. Section 108.4 (Failure to comply.) is amended by inserting the following amounts in the blanks provided at the end of said section: -five ($25.00) in the first blank and two- 3. Section 109 (Board of Appeals) is amended by deleting the section in its entirety. 4. Section 401.3 (Certificate) is amended by deleting the existing text from said section: heating equipment. Where a gas-fired unvented room heater, electric furnace, or baseboard electric heater is install-fired An efficiency shall not be listed for gas-fired unvented room heaters, electric furnaces or electric baseb 5. Table 402.1.1 (Insulation And Fenestration Requirements By Component) is amended by deleting the 0.30 solar heat gain coefficient in the Glazed Fenestration SHGC column for Climate Zone 2 and replacing it with 0.35. 6. Section 403.2.1 (Insulation (Prescriptive)) is amended by adding the following to the end of the section: -Value of 6 when installed 7. Section 403.2.2 (Sealing (Mandatory)) is amended by adding the following to said section: items listed below, applicable to the method of construction, are field verified: Flexible Duct Connections: 1. Seal core to collar with UL listed mastic or at least 2 wraps of UL 181 listed tape . 2. Secure connection with mechanical clamp placed over the core and tape. 3. Pull jacket and insulation back over core. Use a mechanical clamp, two wraps of UL 181 listed tape or UL listed mastic to secure insulation. Flexible Duct Splices: a. 3-62 Rev. 02/07 b. Secure core and sleeve with UL listed mastic or two wraps of UL 181 listed tape c. Secure connection with 2 clamps placed over the taped core ends. d. Pull jacket and insulation back over core. Use two wraps of UL 181 8. Section 403 (Systems) is amended by adding 403.10 to read as follows: 403.10 Heating equipment. Electrical resistance heat may be used as the primary source of heating for residential use not exceeding five hundred (500) square feet in 3-63 Rev. 02/07 SECTION 6: NATIONAL ELECTRICAL CODE ADOPTED Electrical Code 2008 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 College Station, Texas. AMENDMENTS TO THE NATIONAL ELECTRICAL CODE A. 15- and 20 ampere circuits. 1. Section 210.23 (A) Shall be amended to delete the reference to 15 ampere branch circuits. It shall also be amended to include the following sentence after said section: Summary of Branch-Circuit Requirements 2. Table 210.24 shall be amended by placing an asterisk next to all 14 AWG conductors indicated in the table and by adding this foot- note at the bottom of the table: size smaller than 12 AWG copper Small Appliances 3. Section 210.52 (B) shall be amended by adding the following subsection: Separate Circuit Required. A separate circuit is required for each refrigerator, deep freeze, dishwasher, disposal, trash compactor or any other load exceeding six (6) Countertops 4. Section 210.52 (C) 210.52 (C) (1) through (5). the following sentence: rowave ovens or any other counter top Laundry Areas. 5. Section 210.52 (F) Shall be amended to include after the words '. . . for the laundry.' the following sentence: is required for a washing machine or any other laundry Dwelling Unit Receptacle Outlets. 6. Section 210.52 Shall be amended by adding the following subsection: Other Locations . A separate circuit is required for each well pump or other outdoor Services. 7. Article 230 Shall be amended by adding the following section: Meter Mounting Heights. Individual meters shall be mounted at a height not greater than 5'--6" above finished grade, measured to the center line of the meter base. Meter packs shall be mounted with its horizontal centerline not greater than 4'-- 3-64 Rev. 02/07 er packs may be mounted at a different height by special permission of the Building Official or his designee when special conditions make the General 8. Section 230.70 shall be amended by adding the following subsection: ServiceDisconnecting Means for Commercial Buildings and Structures. For commercial buildings and structures, the service disconnecting means shall be installed on the outside of the building or structure. A power operated disconnect switch (shunt trip) shall be permitted for service disconnects rated 1000 amps or more. All shunt trip disconnecting means shall be of the maintained contact type in an approved, lockable enclosure. All service disconnects shall be clearly marked in a permanent manner. Exception: A power operated disconnect switch (shunt trip) may be allowed on service disconnects rated less than 1000 amps, if the applicant requests an exception from the Electrical Division and Building Official and satisfies the official that one of the following criteria has been met. (a) A power operated disconnect switch (shunt trip) may be used for a service disconnect rated less than 1000 amps when the building or structure is served by a single transformer and the transformer is not anticipated to be used for multiple services; or (b) A power operated disconnect switch (shunt trip) may be used for a service disconnect rated less than 1000 amps on an existing building or structure when space is not available to mount an external disconnect. Services. 9. Article 230 Shall be amended by adding the following section: Outside Disconnect Locking Device. Factory installed key operated lock General 10. Section 230.71 (A) shall be amended to include the following sentence after said section: - Rod and Pipe Electrodes 11. Section 250.52 (A) (5) shall be amended by deleting the section in its entirety and replacing with the following: Rod and pipe electrodesshall not be less than eight (8) feet Conductor Material 12. Section 310.2 (B) shall be amended by deleting the section in its entirety and replacing with the following: . Conductors in this article shall be of copper only. Exception: Aluminum and copper clad aluminum conductors are permitted only in size Uses Not Permitted 13. Section 320.12 shall be amended by deleting the section in its entirety and replacing with the following: Type AC cable shall not be permitted in commercial buildings as Types NM, NMC, and NMS. 14. Section 334.12 (A) Shall be amended to include the following subsection: 3-65 Rev. 02/07 (Ordinance No. 2530 of November 1, 2001) (Ordinance No. 2562 of June 13, 2002) (Ordinance No. 2781 of January 27, 2005) (Ordinance No. 2880 of March 23, 2006) (Ordinance No. 2876 of March 9, 2006) (Ordinance No. 2951 of January 11, 2007) (Ordinance No. 2972 of April 12, 2007)(Ordinance No. 3155 of December 16, 2008) (Ordinance No. 3220 of December 10, 2009) 3-66 Rev. 02/07