Chapter 9. Buildings

The city manager is hereby delegated and authorized to establish a fee schedule for the issuance of permits, licenses and performing services necessary to be performed as provided for under the provisions of this chapter. The city manager shall be further authorized at any time to change or amend any fees, fee schedules, or other charges that may be required herein and/or to establish fees or fee schedules for other and differing services as contemplated or provided for in this chapter without further authorization or direction by the city council.

(a) The city manager in establishing a fee schedule shall cause the same to be promulgated by filing a copy with the city clerk and a copy of the fee schedule shall further be prominently displayed in the office of the building official of the city.

(b) Any person who in any way shall fail to comply with the fee schedule promulgated by the city manager in accordance with the terms and provisions of this section shall be deemed in violation of the terms and provisions of this Code and may be prosecuted in accordance therewith.

(c) In the event of any conflict between any fee as provided for in any schedule promulgated by the city manager with any specified provision of this chapter, the schedule promulgated by the city manager in accordance with this section shall at all times be deemed controlling.

(Ord. No. 14-057, § 1, 10-6-2014)

It shall be unlawful for anyone to use, inhabit or in any way reside in any structure unless an occupancy permit shall have first been issued under the provisions of this chapter and chapter 24, authorizing occupancy. For single-family residential structures, except those used as a rent or leasehold as provided below, occupancy permits shall be issued for and run with the structure and a new occupancy permit shall not be required when such structure is vacated or sold. For any other structure, occupancy permits shall be personal to the principal occupant or user of such structure and such permits shall become null and void at any time the structure shall be vacated by or cease to be used by the principal occupant or user thereof.

In the event a property is used as a rent or leasehold, an occupancy permit shall be required to be issued for each new occupancy or tenancy; and such permit shall be issued jointly to the owner and tenant or lessee. Any occupancy permit issued hereunder shall immediately become void upon the tenant or lessee vacating or abandoning the property.

Any person who shall aid, assist, permit or knowingly allow a structure to be occupied or used in violation of this section shall be deemed in violation of this section, even though such person shall not be personally using, inhabiting or in any way residing in a structure.

(Ord. No. 14-057, § 1, 10-6-2014)

It shall be unlawful for any person, corporation or agent of any corporation to contract to perform work wherein a permit is required under the terms and provisions of this chapter and to abandon such work after having been paid for the performance thereof or guaranteed payment for performance subsequent to the completion of the work by the property owner or person contracting. Abandonment shall not occur when the property owner or contracting entity instructs the permit holder to cease performing as initially contracted. Abandonment shall be deemed to have occurred when the permit holder or permit holder's agent shall fail to complete the work within the time specified in the contract between the parties and when no reasonable progress is being made. Abandonment shall further be deemed to occur when the work shall be done in such a manner as to render the same useless and without value to the property owner or is done in such a manner as to damage either the real or personal property of the property owner.

(Ord. No. 14-057, § 1, 10-6-2014)

Any person or corporation performing work in furtherance of any demolition, construction or reconstruction within the city either pursuant to a permit as required by this Code or otherwise performed without permit where none is required shall be governed and controlled by the provisions of this section.

(a) All new construction sites for structures and additions, as well as projects of sufficient size, dimensions and/or placement, as determined by the building official, shall require temporary chain-link fencing to secure and screen the site, though existing fencing at the rear and sides beyond the front yard may be utilized. All new construction sites for structures and additions, as well as projects of sufficient size, dimensions and/or placement, as determined by the building official, shall require silt protection at the front property lines, at a minimum, and wherever sediment might be conveyed to public walks, street gutters and stormwater conveyance systems. All new residential construction sites for structures and additions, and commercial construction sites where warranted, as determined by the building official, shall require that existing driveways must have the skirt or approach in the right-of-way, but below the public sidewalk, or the section above the right-of-way and/or public sidewalk removed, with at least one construction entrance installed such as to suitably prevent sediment run-off via driveways and driveway radii. The building official may consider alternative, performance-based approaches based on local site conditions. Inlets must be provided appropriate protection from sediment run-off. Fencing, construction entrances and silt protection measures shall be maintained and remain until lot is ready for grading in preparation of landscaping, unless inclement weather is forecasted. Thereafter, mitigation measures such as fabric mesh, waddles and sandbags are to be provided for stormwater inlet protection, such mitigation measures, except for fabric mesh systems, must be removed prior to predicted high wind or storm events, and all mitigation measures must be removed upon project completion.

(b) The person or corporation in charge of the site shall ensure that construction workers throughout the workday timely stack, restack, or otherwise secure all building material, equipment and tools located on or near the work site and not in actual use in an orderly manner, and prior to leaving the work site unattended, stack, restack, or otherwise secure all building material, equipment and tools located on or near the work site. The person or corporation in charge of the site shall secure building materials, equipment, and tools prior to predicted high wind or storm events.

(c) It shall be unlawful for any building materials of any type, trash, refuse or refuse containers to be stacked, stored or dumped on any public sidewalk or any part of a public street or upon public property.

(d) The person or corporation in charge of the site shall immediately dispose of all trash, rubbish, and debris present at the work site and/or which may have blown or transported from the work site to nearby property.

(e) The job site or place where construction work is taking place shall provide a metal roll-off container(s) of adequate size to hold all debris, refuse or other garbage from the job site prior to the start of construction. They should be placed in the yard proper, if an extant driveway is available, with the driveway serving as the construction entrance. It shall be unlawful for any person to permit litter, debris or trash to be stored or kept where the same is not adequately contained and is subject to being carried by wind to any other location. Temporary construction fencing, as required in 9-5(a), is not to be considered a suitable containment method. Metal roll-off container(s) may be removed to the driveway for final grading in preparation of the landscaping installation, and may be removed from site if litter and debris can be suitably contained in the garage. Containers may also be removed from project site if new flatwork is to be placed, prior to landscaping, where litter and debris can be suitably contained in the garage. At any stage of construction, containers may also be removed from project site prior to predicted high wind or storm events, otherwise, they are to be securely covered with a means designed for that purpose, or weighted with heavy materials atop.

(f) It shall be a violation of this Code to injure, deface or destroy any public property or any improvements thereto.

(g) All streets, alleys and sidewalks and other public grounds shall be kept free of dirt, sand, mud and other forms and types of aggregates and soils during construction.

(h) No person shall stop, stand or park any vehicle upon a public street in such a way as to leave less than ten feet of width of the street or roadway open and available for other vehicular travel.

(i) Every lot or parcel of land which is currently being used for building, construction or reconstruction shall at all times be maintained in a safe and orderly manner. No hazards shall be permitted at any time, and it shall be the duty of any contractor or person working upon the construction site to remove and repair hazardous conditions which may exist or be found to exist or otherwise remedy circumstances which could lead to injury.

(j) The person or corporation in charge of the site shall provide portable sanitary facilities at construction sites as determined necessary by the building official. It shall be unlawful to place portable sanitary facilities on any public grounds, including public streets or sidewalks. All portable sanitary facilities must be kept on private property, fully screened with opaque fencing, contain an access gate, installed and oriented to face away from abutting public right-of-way(s), and maintained in a manner not to create hazardous or unsightly conditions. Prior to predicted high wind or storm events, where removal isn't possible, the facility must be secured.

(k) Every building site or lot where construction or reconstruction is in progress must have displayed thereon a sign of sufficient size to be plainly and legally visible from the nearest public street and have displayed thereon the name of the responsible person who may be contacted in the event of violation of the terms and provisions of this section.

(l) All new, ground-up building construction sites shall require a temporary saw pole and electric meter prior to commencing construction, unless power exists on the premises.

(m) Except as otherwise provided in the Code of Ordinances, the construction of buildings and structures and related activities, any of which require a building permit, other than a homeowner permit, from the City of Bellaire, is permitted only during the time periods of Monday through Sunday 7:00 a.m. to 7:00 p.m. The building official shall include written notice of these construction hours within each permit issued. The building official may approve exceptions to these work hours, upon receipt of written applications for an exception. Any exception must be granted in writing, listing all conditions for the exception, and be based on the building official's finding that said exception furthers the objectives of health, safety, and welfare of the community.

(n) The building official or his or her designee shall have the power to suspend work at any site not maintained as required by this section.

(o) Each vehicle used in the performance of the work regulated by this Code shall have permanently affixed to the side thereof, the name and phone number of the licensee and the master license number, all in lettering of at least two inches high unless not required by state law.

(p) No permit will be issued to any permittee, homeowner or appliance dealer until they have arranged to carry the following insurance or, having been issued, may be revoked if such insurance is not kept in force:

(1) Bodily injury liability insurance to the extent of $500,000.00 for any one occurrence and $300,000.00 in the aggregate;

(2) Property damage insurance to the extent of $1,000,000.00 for any one occurrence and $100,000.00 in the aggregate; or a combined single limit of $300,000.00 per occurrence and in the aggregate;

(3) Such insurance shall be written by an admitted company under the supervision of the state board of insurance of the state.

Evidence of the compliance with the above insurance requirements shall be considered as having been met when the policy, a copy thereof or a certificate of insurance has been filed with and approved by the building official or their designee. Such policy shall include an endorsement thereon that the building official or designee will be notified at least ten days in advance in the event the policy or policies are canceled or expire before the expiration date of the license.

(q) No permit shall be issued under the provisions of this division until the fees prescribed have been paid in full.

(r) If any person shall make application for permit as provided herein, after the work has been started or after the work has been partially completed or concealed, such person shall pay double the fee or fees which would originally be required.

(Ord. No. 14-057, § 1, 10-6-2014; Ord. No. 23-014, § 2(App. A), 2-20-2023; Ord. No. 24-009, § 1(App. A), 2-19-2024; Ord. No. 25-112, § 1(App. A), 11-3-2025)

Any building, structure, or place of habitation which has been denied an occupancy permit or for which an application for an occupancy permit is pending, or any building, structure or place of habitation for which an occupancy permit is required but not issued, shall not be occupied or entered for any reason. It shall be unlawful for any person to enter such a building, structure or place of habitation for any reason. Any such entry shall constitute a separate violation of this Code and shall be punishable to the maximum extent permitted by law.

It shall be unlawful to deliver, cause to be delivered, receive or cause to be received any packages, materials, store supplies, or thing of value causing entry to occur on any such building, structure or place of habitation covered under the terms of this Code.

The building official shall be permitted to authorize brief temporary periods of occupancy to finish needed repairs to any building, structure or place of habitation covered under the terms of this article. No formal permit shall be necessary for such temporary occupancy; however, it shall be the duty of the person seeking to occupy said building, structure or place of habitation, to procure from the building official written evidence of permitted occupancy.

(Ord. No. 14-057, § 1, 10-6-2014)

(a) The police chief and/or building official of the city are authorized to take such action as shall be necessary to prevent the occupancy of buildings, structures and places of habitation without occupancy permits.

Entry upon private property shall be permitted at any time to prevent any person or persons from attempting to unlawfully occupy buildings, structures and places of habitation without an occupancy permit.

Any delivery of goods, chattels, or other personal property to a building, structure or place of habitation without having first obtained an occupancy permit may be prevented by the chief of police or building official as herein provided.

(b) Any person failing to obey the chief of police or building official concerning attempted use of buildings, structures, or places of habitation, shall constitute a separate violation of this Code and may be punishable to the maximum extent as permitted by law.

(c) The chief of police shall be authorized to cause any person to be taken into custody, and such person shall remain in custody for such a time as shall be reasonably necessary, when it appears that such person will continue to attempt unlawful use of buildings, structures or places of habitation.

(Ord. No. 14-057, § 1, 10-6-2014)

The building official shall be authorized to post visibly and conspicuously at or near the front door or main entrance an appropriate sign or warning placard. Such sign or warning placard shall be in any appropriate size and shall state that it is unlawful for any person to enter a building structure or place of habitation to which the sign is affixed.

Failure to obey such an official warning sign shall constitute a separate violation which shall be punishable to the maximum extent as provided for by law.

(Ord. No. 14-057, § 1, 10-6-2014)

The city manager or his designee or any interested person shall have authority to request the building and standards commission to meet at a regular meeting or at a meeting specially called for this purpose to request the city council to authorize the city attorney to bring an action in a district court of the county, for the purpose of securing the appointment of a receiver. The city council, upon recommendation of the building and standards commission, may authorize the city attorney to proceed for the purpose of obtaining the appointment of a receiver or to take any action which to them may seem appropriate in conjunction with the recommendation of the building and standards commission. In the event of an emergency or a matter deemed to be of urgent public necessity, nothing herein shall require the building and standards commission to act before the city council shall have authority to instruct the city attorney.

The city attorney, upon final authorization by the city council, shall be authorized to bring an action in the district court of the county, for the purpose of securing the appointment of a receiver for any real property in the city found to be abandoned and not to be in substantial compliance with this Code regarding fire protection, structural integrity, zoning or disposal of refuse.

(Ord. No. 14-057, § 1, 10-6-2014)

(a) The owner, occupant, or person in control or every building or structure within the city used or intended to be used for residential, business, commercial, religious, educational, governmental or similar purposes, shall have the assigned street number posted and maintained on such building or structure at a location clearly visible from the street from which the address number is assigned.

(b) The assigned street address numbers shall be posted within 18 inches of the principal entrance to the building or structure; provided, however, in the event the principal entrance does not face the street from which the building or structure has been assigned a number or if the principal entrance is hidden so as not to be clearly visible from the street, then such address number shall also be posted on the building or structure wall so as to be clearly visible from the street from which the address number has been assigned. If it is not obvious which entrance to a building or structure is the principal entrance, the assigned street address number shall be posted and maintained on all entrances which might be confused with the principal entrance.

(c) All numbers are required to be posted and maintained under the provisions of this section shall be:

(1) Permanently affixed to the outside of the door or the outside wall of the building or structure;

(2) At least two and one-half; inches in height; and

(3) Of a color which is in contrast to the background.

(d) Any person violating any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than $200.00 for each offense. Each day of violation shall constitute a separate offense.

(Ord. No. 14-057, § 1, 10-6-2014)

The current edition of the 2024 International Building Code, including appendices D, F, G, H, K, and O, as adopted and published by the International Code Council, Inc., is hereby adopted as the building code of the city as to all its terms and provisions and made a part of this Code as if repeated verbatim herein, with the qualifications, exceptions and additions as may, from time to time, be set out in this Code.

All amendments to any prior editions of the building code as herein set out shall be deemed controlling as to the new edition unless the same shall have been repealed or otherwise amended by ordinance duly adopted by the city council, amending the Code.

(Ord. No. 14-057, § 1, 10-6-2014; Ord. No. 25-112, § 1(App. A), 11-3-2025)

The building code adopted by the provisions of this article is hereby amended, altered and changed in the following respects:

101.4.4 Property Maintenance, shall be amended as follows:

Reserved

104. Section 104.8. Liability., shall hereby substitute "Building and Standards Commission" for "board of appeals."

105. Section 105, Permits, of the Building Code is hereby amended by adding a new subsection thereto, numbered and reading as follows:

Sec. 105.1.1. Contractor registration.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises or cause or permit the same to be done without having obtained a building contractor's license issued by the City of Bellaire prior to the commencement of any such work.

Sec. 105.1. Requirements for permitting.

1. Building permits shall be issued only to building contractors who maintain a valid registration with the City of Bellaire or to persons who wish to do work on dwellings and associated buildings and structures, or which are owned and occupied by them as a residence, and associated and structures.

2. The annual fee for a building contractor's registration shall be established by the City Manager or his designee. All building contractors' registrations shall expire on October 1, following the date of their issuance.

3. Reserved:

4. Registrations issued under the provisions hereof shall not be transferable, but the building contractor's registration of any active member, officer or supervisory employee of a partnership, firm or corporation shall be sufficient to qualify the partnership, firm or corporation to engage in the business of building contracting, if the registration holder is employed by that firm only and does in fact supervise and control those installations and alterations of buildings which are required by this Code to be installed or altered by a person registered under the provisions hereof.

5.

(a) The Building Official may revoke or suspend a building contractor's registration or deny a building contractor's registration application if the building contractor:

(1) Has repeated or continuing violations, or has received notice for violation, of any laws or regulations relating to any construction work covered by this chapter, including the city's building codes, this chapter, or any of the technical codes adopted under this chapter; or

(2) Intentionally gave false or misleading information on its registration form, any document submitted for building permits, or any other document submitted to the city for review.

(b) A suspension or revocation of a building contractor's registration may be for a period of up to one year. The Building Official will give written notice to the registration holder of the Building Official's intent to revoke or suspend the registration not less than ten (10) business days prior to the date of revocation or suspension. The written notice will include:

(1) A clear statement of the reason the Building Official intends to revoke or suspend the registration;

(2) The date the revocation or suspension will become effective, which will not be less than ten (10) business days from the date the written notice is given; and

(3) A statement that the registration holder may file a written appeal with the Building Official of the proposed revocation or suspension within five (5) business days of the date of the notice.

(c) A denial of a building contractor's registration shall be effective for one (1) year. If the Building Official denies a building contractor's application for a registration, the Building Official will give written notice of the denial to the applicant as soon as reasonably possible, but not more than five (5) business days after the decision is made to deny the application for a building contractor's registration. The written notice will include:

(1) A clear statement of the reason for the Building Official's denial; and

(2) A statement that the applicant may appeal the denial of the building contractor's registration by filing a written notice of appeal with the Building Official within five (5) days of the effective date of the notice of denial.

(d) Appeals.

(1) A person may appeal a denial of a registration, the proposed revocation of a registration, or the proposed suspension of a registration, by filing a completed written appeal with the Building Official setting forth the basis for the appeal, along with any required filing fee. The completed appeal must be filed within five (5) business days of the effective date of the notice of the denial, revocation, or suspension.

(2) The Building and Standards Commission will hold an informal hearing on an appeal as soon as is reasonably possible, but not more than ten (10) business days after the date the appeal is properly filed. The Building Official, the person appealing, and any interested party, may present evidence and argument to the Building and Standards Commission to the extent the Building and Standards Commission believes the same are relevant to the appeal.

(3) After completion of the hearing, the Building and Standards Commission will render a written decision on the appeal within five (5) business days. The Building and Standards Commission may affirm, reverse or modify the decision of the Building Official. A copy of the written decision will be provided to the person filing the appeal.

105. Section 105, Permits, of the Building Code is hereby amended with respect to subsection 105.2, Work Exempt from Permit, by clarifying the Floodplain Development Permit criteria at subsection 105.2, altering subsection 105.2.2, and deleting subsection 105.2.6, then indicating as Reserved.

105.2 Work exempt from permit.

Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Outside of Development Permits required by Section 9-20.8 and as defined by (15) Development at Section 9-70.5 of the Code of Ordinances, Building Permits shall not be required for the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area is not greater than 120 square feet (11 m2).

2. Fences, other than swimming pool barriers, not over 7 8 feet (2438 mm) high.

3. Oil derricks.

4. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18 925 L) and the ratio of height to diameter or width is not greater than 2:1.

6. (Reserved)

7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.

10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11. Swings and other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

Electrical:

1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions but do apply to equipment and wiring for a power supply and the installations of towers and antennas.

3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus.

Gas:

1. Portable heating appliance.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

Mechanical:

1. Portable heating appliance.

2. Portable ventilation equipment.

3. Portable cooling unit.

4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any part that does not alter its approval or make it unsafe.

6. Portable evaporative cooler.

7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or less.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided that such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

105. Section 105, Permits, of the Building Code is hereby amended by adding a new subsection thereto, numbered and reading as follows:

Sec. 105.8. Permit for temporary use. No permit for temporary use shall be for a longer period than three months, and at the end or three months after approval the building official shall issue written instructions to the electric public service company or other person having control of the supply of energy to the installation, to disconnect service to the temporary installation, unless a permanent approval or an additional temporary approval shall have been given by the building official. To facilitate disconnecting of a temporary installation, ten days before the period of temporary approval is up, the building official shall notify the electric public service company, or other person having control of the supply of energy to the temporary installation, and shall notify the owner of the installation. A letter addressed to "occupant" at the address of the temporary installation shall be deemed as being sufficient to notify the owner, if name and address of owner are not known by the building official.

113. Section 113. Means of Appeals has been amended to read "See Section 9-18, "Appeals to the building and standards commission from administrative actions," of the Code of Ordinances."

114. Section 114. Violations., of the 2024 International Building Code is hereby amended to read as follows

114.1 Unlawful acts.

It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building, structure, premises or equipment regulated by this code, or cause or permit the same to be done, in conflict with or in violation of any of the provisions of this code or any order of the building official hereunder. Any person violating the provisions of this section shall be guilty of a misdemeanor for each day such violation continues, and as such shall be liable to a fine of not less than $50.00 nor more than $250.00 for each day's violation.

114.2 Notice of violation.

The building official is authorized to serve a notice of violation or order on any person, firm or corporation responsible for the erection, construction, alteration, extension, repair, moving, improving, removing, demolition, equipping, using, occupying or maintaining a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code or any order of the building official hereunder. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

116. Section 116, Unsafe Structures and Equipment, of the Building Code is hereby amended to read as follows:

116.1 Section 116.1, Unsafe Structures and Equipment, Conditions

Sec 116.1 Conditions All buildings or structures which are not structurally safe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage, or abandonment, as specified in this Code or any other effective ordinance, are, for the purpose of this section, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in the current edition of the, International Building Code as adopted and published by the International Code Council and as adopted by Article III of this Code and further as certified by the building official of the city to the city clerk as provided in this chapter.

202. Section 202, Definitions, of the Building Code is hereby amended by deleting there from the definition of "story" as it appears therein, and substituting in its place the following:

STORY is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under-floor space is more than six feet above grade as defined herein for more than 50 percent of the total perimeter or is more than 11 feet, six inches above grade as defined herein at any point, such basement, cellar or unused under-floor space shall be considered as a story.

903. Automatic sprinkler systems. Section 903.2 of the Building Code is hereby amended to read as follows:

Sec. 903.2: Where required all Occupancies except Group M and Group R, Division 3 shall have an automatic sprinkler system installed:

1. In rooms where nitrate film is stored or handled.

2. In protected combustible fiber storage vaults as defined in the fire code.

3. In every story or basement of all buildings which exceed two stories in height except when the building is intended for occupancy as a single-family residence.

4. All occupancies exceeding 3,000 square feet, except where required in the International Building Code to be less square footage.

905. Standpipe systems. Section 905.3 of the Building Code is hereby amended to add:

Sec. 905.3. Where required.

in each floor there shall be provided a 2½ inch valve outlet for fire department use. Where construction height requires installation of a combination standpipe, fire pumps and water main connections shall be provided to serve the standpipe.

(Ord. No. 14-057, § 1, 10-6-2014; Ord. No. 15-031, § 1, 7-13-2015; Ord. No. 18-018, § 1(App. A), 3-19-2018; Ord. No. 19-004, § 1(App. A), 1-28-2019; Ord. No. 21-008, § 1(Att. A), 1-25-2021; Ord. No. 25-112, § 1(App. A), 11-3-2025)

(a) Generally. The building and standards commission of the city ("BSC") shall hear and determine appeals from all actions of the building official and/or the fire marshal, as it relates to this chapter or codes adopted pursuant to this chapter. In addition, the BSC shall hear and determine appeals from other administrative actions where an ordinance authorizes the BSC to do so. In any such appellate proceeding, the BSC may reverse or modify the decision appealed from upon the concurring vote of 66 percent of the members of the commission that the building official, and/or the fire marshal, has incorrectly interpreted or applied the applicable provisions, or an equally good or better form of construction is proposed. A failure to reverse or modify a decision without continuing the matter shall be considered an affirmation of the decision appealed from. The BSC shall have no authority to waive requirements of the adopted code when considering an appeal.

(b) Applications. Any person requesting an appeal of a decision shall submit an application that must include the following:

(1) Either be signed by the owner of the property subject to the decision or must be accompanied by written proof that the person who does sign has specific authority from the owner to apply for the appeal;

(2) Made upon forms prescribed by the building official;

(3) Be accompanied by the fee prescribed by the city;

(4) State the particular decision from which the appeal is sought;

(5) A statement of the applicant's belief of the correct interpretation or application of the code provision and supporting documentation;

(6) Other items required by the building official or the BSC; and

(7) Must be filed with the building official.

(c) Handling; notice. The building official shall transmit applications to the BSC. If the building official determines that an application would have a significant effect upon other properties or persons, the building official shall provide notice to such properties or persons prior to the time when the BSC will consider the appeal. Such notice may be given by publication, posting or mail, as the building official may determine.

(Ord. No. 23-087, § 2(App. B), 11-20-2023)

(a) It shall be unlawful for anyone to substantially alter, modify or change the surface topography or in any way change the grade of any lot or tract of land to which this section is hereinafter made applicable, without having first obtained a permit for such work under the procedures as hereinafter set out.

This section shall be applicable to all substantial alterations, modifications or changes in the surface topography or changes in the grade of any lot or tract of land in the following categories:

1. Any property zoned or used for nonresidential purposes.

2. Any property improved as a part of a subdivision development.

3. Any property upon which new residential building unit construction occurs more than two years after the issuance of a completion certificate for work performed in accord with the terms and provisions of this chapter in development of the subdivision wherein such construction is to occur. When a completion certificate has been previously issued for development work in any subdivision developed in compliance with the terms and provisions of this section within two years prior to the date of commencement of the subject residential building unit construction in such subdivision, such residential building unit construction shall be exempt from the requirements of this section.

Application may be made to the building official for the issuance of a certificate of qualification for any subdivision developed within two years prior to the effective date of this section, which certificate of qualification shall entitle residential building unit construction in such subdivision to the above-referenced exemption from the requirements of this section. Such application shall be accompanied by a certificate of a registered, licensed engineer, duly licensed and registered in the state, which certificate shall state the following:

a. The work was completed in accordance with all of the terms and provisions of this Code.

b. The work was completed in accordance with usual and customary engineering practices and standards.

c. The completed work will not adversely affect adjacent properties or improvements or other properties or improvements within the city, as it relates to stormwater run-off and detention, and sanitary sewer flows and water pressure, and/or other factors as they relate to good engineering practices.

Upon receipt of such application, the building official shall review the certificate provided and the work completed, and may, if he finds the same to be in the best interest of the residents, citizens and inhabitants of the city, issue a certificate of qualification.

4. Any other property within the city, not otherwise accepted herein.

(b) The building official of the city shall bear the exclusive responsibility for determining whether or not the proposed alteration, modification or change in the surface topography or change in the grade of any lot or tract of land is substantial in nature, and the decision of the building official shall be final. In addition, the building official may require compliance with the terms and provisions of this section and section 9-20, even though the work is found not to be substantial in nature, if it is deemed necessary to protect the health, safety and well being of the residents, citizens and inhabitants of the city.

(c) Any person desiring to substantially alter, modify or change the surface topography or in any way change the grade of any lot or tract of land in the city, including within any contiguous right of way, shall first obtain a permit for such work from the building official of the city. Any person desiring such permit shall first file an application in a form as prescribed by the said building official. Such application shall be accompanied by plans for the work contemplated, which plans shall be approved by a registered, licensed engineer, duly licensed and registered in the state, as evidenced by the signature and seal of said engineer on the face of said plans; and in addition to the signature and seal of such registered and licensed state engineer, such engineer shall certify, either on the face of the plans or by separate instrument attached to such plans, the following:

1. Such plans are in accordance with all of the terms and provisions of this Code.

2. Such plans are in accordance with usual and customary engineering practices and standards.

3. The proposed construction, when completed, will not adversely affect adjacent properties or improvements or other properties or improvements within the city, as it relates to stormwater runoff and detention, and sanitary sewer flows and water pressure, and/or other factors as they relate to good engineering practices.

4. Subject to review and approval by the City Engineer after finding that there is no net increase in fill nor any impact on the 100-year flood event.

In addition thereto, along with the plans and certificate, as herein required, a statement shall also be filed as to when the proposed substantial alteration, modification or change in the surface topography or change in the grade of the lot or tract of land is to commence and when the proposed work is to be completed.

(d) For any application submitted under the terms and provisions of this section, a fee shall be paid to the director of finance of the city, based upon a determination by the building official of the value or valuation of the work to be performed under the terms and provisions of this article. The valuation and fee shall be determined in accordance with a table entitled "Building Permit Fees" as set out in the current edition of the International Building Code.

(e) Upon review and certification and payment of the fee as herein required, a permit shall be issued, which permit shall be valid only for the work contemplated and for a specific number of days as stated therein, which number shall not exceed by more than ten days, the number of days stated by applicant as necessary for completion of the work.

(Ord. No. 14-057, § 1, 10-6-2014; Ord. No. 25-112, § 1(App. A), 11-3-2025)

(a) At all times during the progress of the work contemplated under the permit issued pursuant to section 9-19, the work site and all areas surrounding the same, shall be available for reasonable inspection by the building official of the city or his designee; and failure to permit such continuous access shall be grounds for revocation of a permit, grounds to deny the issuance of an occupancy permit and further shall constitute a violation of the terms and provisions of this Code.

(b) Any changes or modifications in the plans or any deviations from the plans filed to obtain the permit herein required, shall be reported immediately to the building official; failure to report such changes shall constitute valid grounds for not issuing a completion certificate, valid grounds for not issuing building permits for construction of additional improvements upon the property and shall constitute a violation of this Code. If such changes are not deemed to be significant by the building official, he shall issue a waiver, and the work may progress under the original plans, subject to such waiver. The waiver issued by the building official shall specify the deviation or change, if any, from the original plans previously filed or in the work completed not in accord with such plans.

(c) In the event, for any reason, the work as herein contemplated cannot be completed before the expiration of the permit, as provided in section 9-19, then an application shall be filed for an extension of such permit. Upon such application for extension, the applicant shall state the reason for requesting an extension, and shall make a definite statement that the work contemplated under the permit will be completed within the time specified in the request for extension. An extension may be granted for such period of time as requested or such lesser period as the building official shall determine.

(d) A completion certificate must be issued by the building official before any work contemplated under this article shall be deemed finally completed; the issuance of such certificate is a necessary prerequisite to the use or occupancy of any improvements or work constructed, and the further issuance of any additional building permits for additional improvements upon such property. Such certificate shall only be issued after the following requirements have been met:

1. The permittee shall file his request for the issuance of a completion certificate, in a form as shall be prescribed by the building official.

2. Upon filing of his request, the permittee shall simultaneously submit to the building official a certificate issued by a registered, licensed engineer, duly licensed and registered in the state, in a form as shall be prescribed by the building official. Such engineer's certificate shall state that to the best of his knowledge, based upon periodic inspections during the time of construction and inspection of the final work, such work has been completed in accordance with the plans as presented to and approved by such engineer. Such certificate shall further state that all requirements as imposed by such engineer have been met.

3. Upon receipt of such engineer's certificate, the building official may conduct such examination of the work and the completion thereof as may seem necessary and proper to him.

4. The building official must find that the work, as completed, is in accord with the plans as previously filed to obtain a permit and/or with any waivers or modifications of such plans as filed during the course of said work, and further is in accord with all terms and provisions of this Code.

(Ord. No. 14-057, § 1, 10-6-2014)

This section shall control and regulate the construction and/or reconstruction of all areas upon private property, in all zoned districts, for the ingress and egress of motor vehicles and the parking of the same.

All construction or reconstruction of parking areas, under the terms and provisions of this section, shall be in accord with the requirements hereinafter set out. These requirements shall be deemed the minimum requirements. However, if at any time in the opinion of the building official, special circumstances shall necessitate construction in accord with more restrictive and/or higher standards, then the building official may specify the requirements, which shall be deemed to supersede and shall be controlling as to any other requirements herein provided with which they shall be in conflict.

(a) Single-family residential. For all uses classified as single-family residential, parking areas may be paved with either concrete, gravel, or masonry paving units, subject only to such additional standards or conditions as shall be reasonably imposed by the building official as follows:

(1) Concrete construction. Four-inch 3,000 psi with #3 reinforcing bars on 18-inch centers.

(2) Masonry paving units shall be installed and maintained according to the manufacturer's recommendations for the anticipated traffic load.

(3) Gravel shall be installed and maintained in a manner which will be structurally capable of supporting the anticipated traffic load. Gravel shall be installed and maintained in accordance with industry best practices and with a minimum size of three-eighths-inch and a maximum size of three-fourths-inch for the gravel surface. Gravel shall not be used within the city right-of-way.

(b) Nonsingle-family residential. For all uses not classified as single family residential, parking areas may be paved with concrete, asphalt materials, or masonry paving units. The design of such parking areas shall be prepared, sealed and signed by a civil engineer licensed as a professional engineer in the state.

(c) [Exceptions.] The building and standards commission of the city shall have the power and authority, upon application and hearing, to allow the use of materials other than those herein specified or other methods of construction not herein specifically provided, provided the building and standards commission shall find the following:

(1) That the proposed design is satisfactory and complies with the intent of this section; and

(2) That the material, method or work offered is, for the purposes intended, at least the equivalent of that prescribed in this section in quality, strength, effectiveness, durability and safety.

The building and standards commission shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding such use.

(d) [Authority to override.] The building official shall have the authority, in the case of an emergency or other overriding public necessity, to permit the construction of a parking area not in accord with the terms and provisions of this section when the same shall be deemed necessary by the building official.

(Ord. No. 14-057, § 1, 10-6-2014; Ord. No. 21-008, § 1(Att. A), 1-25-2021)

All new construction shall require the installation of sidewalks along each side of a property abutting a public street in accordance with city specifications. Sidewalks shall be installed prior to the issuance of a certificate of occupancy.

(Ord. No. 16-030, § 1, 6-6-2016)

In all attached single-family dwelling zoning districts in the city, the following improvement and building standards set out in this division shall apply to all new construction.

(Ord. No. 14-057, § 1, 10-6-2014)

The property owners shall construct and maintain concrete sidewalks in accordance with city specifications to provide occupants with convenient access to the parking areas and adjacent streets and along abutting streets.

(Ord. No. 14-057, § 1, 10-6-2014)

If any structure should not be adjacent to the utility easements serving the structure, such structure shall not be used unless and until the owner of the lot dedicates an irrevocable adequate utility easement running with the land, over and across any area existing between such serving utility easement and the structure. All utility easements must be at least ten feet wide, except where they adjoin and abut upon a dedicated street, the minimum width shall be seven and one-half feet on each side of the paved portion of such street. The owner shall install, maintain and pay for all public utilities on the owner's property, which shall be placed and kept underground outside of buildings.

(Ord. No. 14-057, § 1, 10-6-2014)

Exterior walls less than five feet from adjoining private property and the partition wall or walls between attached one-family residences shall be of masonry construction, shall be nonbearing, and shall have a fire resistance rating of at least two hours; and such walls shall extend from the ground level to and project at least 18 inches above the roof. Walls between attached one-family residences may have a common top flashing or cap, not over six inches in thickness. An exterior front or rear wall may be constructed of combustible material, providing the facing material of the lower eight feet of the wall is masonry or other noncombustible material permissible in single-family residences, provided that the masonry end walls extend beyond such front or rear wall a minimum of 18 inches in all places. Houses and roofline may be offset to meet the above requirements.

(Ord. No. 14-057, § 1, 10-6-2014)

The term "interior street" shall apply to all public streets within an attached one-family residence building site. Interior streets shall have a minimum right-of-way width of 50 feet and shall be developed with a minimum 35 foot concrete paved section, all in accordance with city standards and at the owner's expense, and such street shall be connected at one end to a public street. All attached one-family residences shall abut on a public street or upon a court. If abutting on a court, they shall also abut on a concrete public alley with or without curbs, not less than 27 feet in width, adequately drained with catch basins and storm sewers in the center and be served by off-street guest parking equal to one space per dwelling unit, all constructed at the developer's cost, in accordance with city specifications. No attached one-family residence may be located more than 100 feet from a street. A concrete paved turnaround, 60 feet in diameter, shall be constructed at the end of each "dead-end" street.

(Ord. No. 14-057, § 1, 10-6-2014)

Before becoming entitled to a building permit for the erection of any building in any of the attached single-family dwelling zoning districts, the lot owner, at owner's expense, shall cause a fire hydrant to be installed within 500 feet of the proposed building, if none exists that close; and, at owner's expense, shall provide concrete curbs and gutters, all in accordance with the specifications of the city, on the abutting streets where they do not exist, and shall provide concrete paving from such curbs and gutters to the existing pavement on such abutting public streets, or the center thereof, if closer, in accordance with the specifications of the city for concrete pavement.

(Ord. No. 14-057, § 1, 10-6-2014)

There shall be at least one storage area of at least 40 square feet in ground area upon each attached one-family residence lot.

(Ord. No. 14-057, § 1, 10-6-2014)

In any new residential subdivision, prior to the issuance of any building permit for construction, a retaining wall must be constructed on each subdivision property line abutting or contiguous to any residential or commercial use not within the boundaries of the new subdivision. The retaining wall shall be a minimum of 12 inches in height above the ground, constructed of either concrete or masonry construction designed to prevent storm water drainage onto adjacent property.

(Ord. No. 14-057, § 1, 10-6-2014)

Within six months after securing a building permit and before becoming entitled to a certificate of occupancy for the occupancy of structures upon any property in any R-5 zoning districts, the owner, at owner's expense, shall cause to be erected along the boundary line between said property and any adjoining R-1, R-2, R-3, and R-4 zoning district, screening walls six feet in height, without openings, constructed of masonry or of cedar, supported by not less then four by four inch wooden posts, pressure-treated in conformance with standards of the American Wood Preservative Association, or equivalent, not more than eight feet apart, set in concrete, in accordance with the specifications of the city. In like manner, screening walls, with vehicle entrance gates, are required, and shall be constructed along any street boundary where attached one-family residence service areas or rear yards abut existing public streets of the city.

(Ord. No. 14-057, § 1, 10-6-2014)

Where single-family attached dwelling complexes are erected so as to create courts, the faces of opposite walls in such courts shall be a minimum distance of 30 feet apart, and no canopy shall extend into such court area for a distance greater than five feet. Where attached one-family residences face a court, the court shall abut a street and the minimum distance between opposite walls shall be twice the height of the walls, but in no case less than 30 feet.

(Ord. No. 14-057, § 1, 10-6-2014)

Trash and garbage storage shall be entirely within the buildings. No incinerators shall be allowed in R-5 Districts.

(Ord. No. 14-057, § 1, 10-6-2014)

The owners of each attached one-family residence building site shall prepare and submit to the planning commission of the city for approval two plats of the proposed one-family residence subdivision, one setting forth all the matters required to be set forth in the platting of a subdivision by state law, as amended, the dedications and acknowledgements required by that act, and the other shall also show on such plat the dimensions and all of the matters required for attached one-family residences by this article and their dimensions, including, without limitation thereby, the location of all screening walls, streets, alleys, yards, lots, storage area, courtyard, parking area, living area, interior street, easement setback lines, utility line, fireplug, area for common use, and other matters required or permitted by ordinance. Such owners shall endorse on such plat a dedication and conveyance of all interior streets shown on such plat as individual lots, and their owners then and hereafter, in equal undivided interests, as appurtenances running with the land. If the plats conform to all the requirements of said state law and of chapter 24, entitled "Planning and Zoning Regulations," as amended, they shall be approved by said planning and zoning commission; otherwise they shall be disapproved and no building or occupancy permit shall be issued for any structure on such site.

(Ord. No. 14-057, § 1, 10-6-2014)

Before becoming entitled to a certificate of occupancy, an as-built drainage plan shall be approved by the building official. All roof drains and area drains must be guttered directly into the storm sewer system.

(Ord. No. 14-057, § 1, 10-6-2014)

Any portions of lots not required for buildings, entrances, sidewalks, or parking areas shall be landscaped and planted with grass, shrubs and trees, and so maintained by the owners. Shrubs and trees shall not be planted over public utility lines.

(Ord. No. 14-057, § 1, 10-6-2014)

Adequately sized circulating water lines of at least six inches in diameter shall be installed and connected with the city's lines, at owner's expense, for domestic use and fire protection. Adequately sized sanitary sewer lines of eight inches minimum to dispose of sanitary wastes shall also be installed and connected with the city's sanitary sewer system, at the owner's expense. The developer shall furnish plans and profiles of the sanitary sewers, storm sewers and water lines to be dedicated to the city.

(Ord. No. 14-057, § 1, 10-6-2014)

Notwithstanding the provisions of this division:

(a) The furnishing of a bond and other formalities of this division, except the payment of a permit fee, shall not be required when the building to be moved contains not more than 250 square feet.

(b) No fee shall be required from a public school district for a permit to move a public school building belonging to such district, but all other requirements of this division shall be met with reference to any such school building.

(Ord. No. 14-057, § 1, 10-6-2014)

It shall be unlawful for any person to move any building on, along or across any street within the corporate limits of the city, any part of which is more than 18 feet above the surface of the roadway when loaded, any part of which is more than 30 feet wide horizontally, any part of which is more than 40 feet in length or if when loaded there is a load in excess of 10,000 pounds on any axle of the carrier, provided that buildings or parts of buildings not otherwise prohibited from being moved, may be moved on Newcastle Drive, Avenue B, Mulberry Lane, South Rice Avenue, Chimney Rock Road, Bissonnet Street, I-610 East and West Service Roads or Bellaire Boulevard, if not in excess of 65 feet in length. No loaded carrier carrying any part of a building shall have more than three axles bearing on any bridge or culvert at any one time.

(Ord. No. 14-057, § 1, 10-6-2014)

It shall be unlawful for any person to move any other building or part of a building on, along or across any street within the corporate limits of the city without a permit therefor.

(Ord. No. 14-057, § 1, 10-6-2014)

Any person desiring a permit required by the provisions of this division shall make written application therefor to the building official which shall contain the following:

(a) The name of the applicant, and his residence and business address. If a partnership or association, the application shall state the names of all partners, their residence addresses and the office address of the partnership or association. If a corporation, the application shall state the names and residence addresses of all officers and directors and the principal office of the corporation.

(b) That the applicant thoroughly understands the terms of this division and agrees to abide thereby and perform all things required of an applicant thereby.

(c) The application shall be signed by the applicant if an individual, by a partner if a partnership, and by the president if an association or corporation.

(d) A photograph of the building proposed to be moved shall be attached to and presented by the applicant with the application.

(e) The applicant shall also have made and attach to and present with the application, a plat showing the course in and/or through the city, which will be taken in moving said building.

(f) The application shall also contain the street address or similar specific description of the location of the building proposed to be moved at the time application is made and a similar specific description of the proposed new location.

(g) The exact date and time during which the building will be on any street or streets of the city.

(h) The outside dimensions, including any projections of the building or portion thereof applicant desires to move, the greatest height above the surface of the roadway when loaded ready to move of such building or portion that the applicant desires to move, its weight, the weight of the moving apparatus, together with the number and location of its wheels and axles.

(i) A statement that the applicant agrees to perform all the things required of the applicant by the terms of this division, and to pay to the city any and all damages to streets, curbs, gutters, waterlines, fire hydrants, and all other public property occasioned in any manner by the moving of such building, including, but not excluding anything else thereby, all costs and expense of removing or demolishing as the city council in its discretion may deem best, said building or any part thereof left on any part of a street, and to pay to the city if such building be removed to any location within the corporate limits, all costs and expense whatsoever caused by any failure of the applicant to cause such building and every part thereof to conform to the ordinances of the city within a reasonable time after being placed on its new location; and in this connection, such cost and expense shall include but not exclude anything else thereby, all cost and expense of making such building conform to the provisions of this Code and ordinances of the city, of removing such building from the city or to another location in the city, and/or of demolishing such building, the course of action to be taken in the event of any such failure being in the discretion of the city council. Said statement shall also agree to and each permittee is hereby required, at permittee's expense, within 72 hours after any building is moved from any premises in the city to:

(1) Fill in all holes on said premises caused by permittee's operations; and

(2) Remove all debris left on said premises which was not present before permittee's operations began, and the city shall have the right to cause the same to be done upon permittee's failure to do so without anywise waiving any of its rights against permittee's bond, or to enforce the criminal provisions hereof by so doing, and any such expenses paid by the city shall be recoverable out of permittee's bond.

(Ord. No. 14-057, § 1, 10-6-2014)

The applicant for a permit required by the provisions of this division shall file with the application a surety bond, executed by the applicant and by a good and sufficient corporate surety, or two personal sureties, in the sum of $10,000.00 payable to the city, conditioned that the applicant will comply strictly with the terms of this division, and the agreements above required of him, and will pay to the city any and all damages, costs and expenses specified in section 9-47(i).

(Ord. No. 14-057, § 1, 10-6-2014)

Before any permit shall be issued under the provisions of this division, the applicant therefor shall pay a fee as set forth by the city manager; provided however:

(a) No fee shall be required for a permit to move a public school building.

(Ord. No. 14-057, § 1, 10-6-2014)

The building official shall examine the application for a permit required by the provisions of this division, and the building or portion thereof desired to be moved, and if satisfied that:

(a) The application and building complies with all applicable provisions of this Code and applicable city ordinances;

(b) The route of moving selected is practicable and will cause less damage to property than any other;

(c) No irreparable damage will be done; and

(d) The issuance of a permit will not lead to the violation of this Code or any ordinance of the city;

he shall issue such permit to the applicant to move the building specified in the application on the route designated in the application upon payment of the required fee.

(Ord. No. 14-057, § 1, 10-6-2014)

The acceptance by the applicant of a permit issued under the provisions of this division shall constitute a binding obligation and contract to perform the things imposed upon the applicant by this division, and the agreement specified in section 9-47(i).

(Ord. No. 14-057, § 1, 10-6-2014)

Each permit issued under the provisions of this division shall show:

(a) The name and address of the applicant;

(b) The location of the building at the time of the application;

(c) The proposed new location if within the city;

(d) The exact date and time during which the building will occupy the street;

(e) The size and type of construction of the building;

(f) The receipt of the permit fee;

(g) The date of issuance; and

(h) It shall have attached a plat of the route of moving.

(Ord. No. 14-057, § 1, 10-6-2014)

Every permit issued under the provisions of this division shall be personal to the applicant and shall not be transferable.

(Ord. No. 14-057, § 1, 10-6-2014)

A permit issued under the provisions of this division shall expire at the expiration of 30 days after the date of issuance thereof.

(Ord. No. 14-057, § 1, 10-6-2014)

A permit issued under the provisions of this division shall be posted on the building to be moved on the outside in a conspicuous place, easily accessible for inspection.

(Ord. No. 14-057, § 1, 10-6-2014)

During the entire time that any building being moved occupies any street or portion thereof, it shall be kept continuously in motion towards its destination.

(Ord. No. 14-057, § 1, 10-6-2014)

(a) The building official shall designate an inspector to go with the house or portion thereof being moved. The applicant shall deposit with the director of finance an amount established by the city manager pursuant to the provision of this chapter. Said amount shall be set based upon an estimate of likely damage to property of third parties and costs incurred by the city based upon usual rates of compensation, including overtime and other expenses necessitated for the services rendered by the inspector. The director of finance shall at the conclusion of the move or several moves contemplated, calculate all costs and expenses incurred by the city directly in relation thereto and reducing from the deposit the amount incurred by the city. If all damages have been paid, any unused balance shall be returned to the applicant. If, however, the deposit shall be insufficient to pay the expenses incurred, then upon demand and request, an additional deposit shall be made with the director of finance within ten days upon the request of the director of finance. Failure to make a subsequent deposit within the ten day period as herein specified shall constitute a violation of this Code and may be prosecuted in accordance therewith.

(b) It shall be the duty of such inspector to remain with the building or a portion thereof being moved at all times while it is being moved, and such inspector shall see that the provisions of this chapter, as well as all other provisions of this Code are complied with by the applicant and shall report to the building official all damages to public property caused by the moving of said building or portion thereof.

(Ord. No. 14-057, § 1, 10-6-2014)

It shall be unlawful for any permittee engaged in moving a building:

(a) To cut down any tree, shrub, bush or portion thereof without first having obtained written permission from the owner;

(b) To disconnect any electric light connection, power connection, gas connection, water connection, sewer connection or telephone connection from any building to be moved without the consent of the owner of such connection;

(c) To remove, tear down or destroy any pole, railing, fence, wire, or other property without the consent of the owner thereof;

(d) To begin or complete the moving of any building onto any property in the city unless the permanent location and installation of such building on such property in all respects complies with the applicable provisions of this Code and ordinances of the city.

(Ord. No. 14-057, § 1, 10-6-2014)

The issuance of a permit under the provisions of this division shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this division or of any other applicable provisions of this Code or ordinances of the city. No permit presuming to give authority to violate or cancel the provisions of this division or any other applicable provisions of this Code or ordinance of the city shall be valid, except insofar as the work it authorizes is lawful, and the building official may at his option and the city council likewise revoke any such permit when any such provisions are being violated. Any such revocation shall not bar prosecution for the same offense.

(Ord. No. 14-057, § 1, 10-6-2014)

As used in this division, the following terms shall have the definitions set out herein:

"Demolition contractor" means a party qualified and experienced to perform demolition work. Such party must provide proof of current general liability insurance coverage and post a $1,000.00 performance bond. Salvage operations can be done by the demolition contractor or with an appropriate sub-contractor who has a contractual relationship to work under the main contractor's general liability insurance and performance bond.

"Permit holder" means the responsible party or entity who applies for and is issued the demolition/salvage permit. This party or entity is the single-point contact for the building official and is responsible for compliance with the provisions of this division.

"Salvage" means the controlled removal of materials from a residence being demolished, especially when such removal might create a safety hazard by removing materials inside or outside the structure.

"Whole house recycling" means the process of deconstructing a structure with the intent to repurpose the components into usable or marketable materials that would otherwise become solid waste.

(Ord. No. 14-057, § 1, 10-6-2014)

Prior to any demolition or salvage activities with respect to a residential property within the city, a permit must be issued in accordance with this division. Application for a demolition and salvage permit shall be made to the city building official on the form proscribed by the city building official. Only one person may apply for both demolition and salvage activities for a property. No demolition and salvage activities are authorized prior to the issuance of a permit by the city.

(Ord. No. 14-057, § 1, 10-6-2014)

Once a demolition and salvage permit has been issued, all demolition and salvage activities for the property that is the subject of the permit must be completed within seven calendar days unless an extension no longer than 28 days is granted by the building official upon a showing of good cause. Situations warranting an extension may include but are not limited to whole house recycling projects or extended inclement weather. In the interest of safety, the building official may require additional measures, such as fencing, be taken in order for an extension to be granted.

(Ord. No. 14-057, § 1, 10-6-2014)

Demolition and salvage activities must be conducted in a safe manner and may only be conducted between the hours of 7:00 a.m. and 7:00 p.m. in accordance with the requirements of approved permits. At the conclusion of each day of an active demolition and salvage permit, the person who applied for the permit shall secure any and all exterior openings in the structure, including windows and doorways, to discourage trespassing.

(Ord. No. 14-057, § 1, 10-6-2014)

Upon issuance of a demolition and salvage permit, the person issued the permit must install at the property that is the subject of the permit an appropriate number of "No Trespassing" signs. A "No Trespassing" sign posted on each exterior wall of the structure is deemed an appropriate number of signs for purposes of this section. As soon as the "No Trespassing" signs are posted, the demolition/salvage contractor shall notify the city police department that such signs have been posted on the structure and that the structure has been approved for demolition and/or salvage operations.

(Ord. No. 14-057, § 1, 10-6-2014)

No demolition and salvage permit shall be issued unless the person seeking the permit provides proof of general liability insurance and posts a $1,000.00 performance bond. Such performance bond must be renewed annually.

(Ord. No. 14-057, § 1, 10-6-2014)

No HVAC systems may be demolished or salvaged unless a licensed HVAC technician oversees the demolition or salvage of the HVAC system.

(Ord. No. 14-057, § 1, 10-6-2014)

Any lead based paint, asbestos or other toxic or hazardous materials in a structure that is subject to a permit issued under this section must be handled and disposed of consistent with all applicable state, federal, and local laws.

(Ord. No. 14-057, § 1, 10-6-2014)

The donation of a structure for the use of the city fire department shall not be considered salvage within the meaning of this section, but rather shall be governed by separate agreement between the property owner and the city relating to the use of the structure and establishing minimum requirements relating to public safety.

(Ord. No. 14-057, § 1, 10-6-2014)

The legislature of the state has, in V.T.C.A., Water Code §§ 16.311-16.319 delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses. Therefore, the city council, does ordain as set out in the following sections.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

(a) The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare.

(b) These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

It is the purpose of this division to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1) Protect human life and health;

(2) Minimize expenditure of public money for costly flood control projects;

(3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

(4) Minimize prolonged business interruptions;

(5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains;

(6) Help maintain a stable tax base by providing for the sound use and development of floodprone areas in such a manner as to minimize future flood blight areas;

(7) Insure the potential buyers are notified that property is in a flood area; and

(8) Minimize damages to residential and commercial property.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

In order to accomplish its purpose, this division uses the following methods:

(1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities;

(2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

(3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters;

(4) Control filling, grading, dredging and other development which may increase flood damage;

(5) Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands; and

(6) Require a no rise determination for proposed construction activities.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

Unless specifically defined below, words or phrases used in this division shall be interpreted to give them the meaning they have in common usage and to give this division its most reasonable application.

(1) Alluvial fan flooding means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths.

(2) Apex means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur.

(3) Appeal means a request for a review of the floodplain administrator's interpretation of any provision of this division or a request for a variance.

(4) Appurtenant structure means a structure that is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

(5) Area of future conditions flood hazard means the land area that would be inundated by the one percent annual chance (100-year) flood based on future conditions hydrology.

(6) Area of moderate flood hazard is the land between the limits of the base flood and the 0.2-percent-annual-chance (or 500-year) flood. They are shown on flood maps as zones labeled with the letters B or X (shaded).

(7) Area of shallow flooding means a designated AO, AH, or VO zone on a community's flood insurance rate map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

(8) Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as zone A on the flood hazard boundary map (FHBM). After detailed ratemaking has been completed in preparation for the publication of the FIRM, zone A usually is refined into zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V.

(9) Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

(10) Basement means any area of the building having its floor subgrade (below ground level) on all sides.

(11) Best available science shall mean any floodplain update efforts including, but not be limited to, planned revisions through MAAPNEXT and result In the release of preliminary FIRM maps or revised definition for 500-year floodplain.

(12) Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

(13) Critical feature means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised.

(14) Design flood elevation means the 0.2-percent-annual-chance (or 500-year) flood, plus one foot.

(15) Development means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

(16) Elevated building means a non-basement building: (i) built, in the case of a building in zones A1-30, AE, A A99, AO, AH, B, C, X, and D, to have the top of the elevated floor, or in the case of a building in zones V1-30, VE, or V, to have the bottom of the lowest horizontal structure members of the elevated floor elevated above the ground level by means of pilings, columns(posts and piers), or shear walls parallel to the floor of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of zones A1-30, AE, A, A99, AO, AH, B, C, X, D, "elevated building" also includes a building elevated by means of fill or a solid foundation with perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of section 60.3(e)(S) of the National Flood Insurance Program regulations.

(17) Existing construction means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures".

(18) Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

(19) Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

(20) Five-hundred-year floodplain elevation is the elevation of surface water resulting from a flood that has a 0.2-percent-chance of equaling or exceeding that level in any given year. The 500-year floodplain elevation is shown on the flood insurance rate map for zones B and X (shaded).

(21) Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from:

a. The overflow of inland or tidal waters;

b. The unusual and rapid accumulation or runoff of surface waters from any source.

(22) Flood elevation study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevation, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards.

(23) Flood insurance rate map (FIRM) means an official map of a community on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

(24) Flood insurance study (FIS) means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the flood boundary-floodway map.

(25) Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source (see definition of flooding).

(26) Floodplain management means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations.

(27) Floodplain management regulations means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

(28) Floodproofing means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

(29) Flood protection system means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. The specialized flood modifying works are those constructed in conformance with sound engineering standards.

(30) Floodway (regulatory floodway) means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

(31) Freeboard means a factor of safety usually expressed In feet above a flood level for purposes of flood plain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. The freeboard height is the design flood elevation (DFE), one foot above the 500-year.

(32) Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

(33) Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

(34) Historic structure means any structure that is:

a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

b. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

c. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

d. Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either:

1. By an approved state program as determined by the Secretary of the Interior; or

2. Directly by the Secretary of the Interior in states without approved programs.

(35) Levee means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

(36) Levee system means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices.

(37) Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking vehicles, building access or storage in an area other than the basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. For residential structures without a basement, the lowest floor elevation shall be measured as follows:

a. For concrete slab construction, the lowest floor elevation shall be measured by the surface of the lowest point on the exterior perimeter of the slab, excluding any ledges solely for the purpose of attaching a facade; and

b. For crawl space (pier and beam) construction, the lowest floor elevation shall be measured by the top of the wood sub-flooring. For residential structures with a basement, the lowest floor elevation shall be measured by the top surface of the basement floor at the lowest point. For the purpose of this regulation, wine cellars and elevator pits are regarded as basements.

(38) Manufactured home means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

(39) Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

(40) Mean sea level means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

(41) Moderate flood hazard area: See area of moderate flood hazard.

(42) New construction means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community.

(43) New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

(44) No rise certification means that a civil engineer licensed as a professional engineer in the state shall provide a drainage design, to include cut and fill calculations, which demonstrates no net fill, except where above the design flood elevation. The calculations must include all topographical modifications, and the small amount of concrete used for pier and beam foundation construction, as allowed in article II-A, as well as crawlspace aprons/skirts, and horizontal, sub-floor framing components. Outside of crawlspace skirting, only those components of the load-bearing pathway for a building or structure are to be "excepted," as staircase projections, garage slabs, etc., are not load-bearing components, even if factoring those components within the calculations results in no net fill.

(45) Recreational vehicle means a vehicle which is:

a. Built on a single chassis;

b. Four hundred square feet or less when measured at the largest horizontal projections;

c. Designed to be self-propelled or permanently towable by a light duty truck; and

d. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

(46) Riverine means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

(47) Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

(48) Structure means a walled and roofed building, including a gas or liquid storage tank, which is principally above ground, as well as a manufactured home.

(49) Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

(50) Substantial improvement means any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a structure taking place during 365 days, the cost of which equals or exceeds 50 percent of the market value of the structure before the work to be permitted is started, or a combination of repair, reconstruction, rehabilitation, addition or other improvement of a structure over an improvement period for permits after two flooding events, the cost of which equals or exceeds 50 percent of the market value of the structure before the work to be permitted is started. The improvement period is that period of time from the current permit application date back to the first flooding event, but not to exceed ten years. This term applies to structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either:

a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions; or

b. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure".

(51) Variance means a grant of relief to a person from the requirements of this division when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this division. (For full requirements, see section 60.6 of the National Flood Insurance Program regulations.)

(52) Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4) or (e)(5) of the National Flood Insurance Program regulations is presumed to be in violation until such time as that documentation is provided.

(53) Water surface elevation means the height, in relation to the NAVD 1988, 2001 adjustment, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

This division shall apply to all areas of special flood hazard, moderate flood hazard, and areas defined within the 500-year floodplain elevation, by the current FIRM or best available science within the jurisdiction of the city.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

The areas of special flood hazard and moderate flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study (FIS) for the City of Bellaire, Texas," dated June 28, 2007, with accompanying flood insurance rate maps and flood boundary-floodway maps (FIRM and FBFM) and any revisions or updates thereto are hereby adopted by reference and declared to be a part of this division.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

A development permit shall be required in the floodplain to ensure conformance with the provisions of this division.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

No structure or land shall hereafter be located, altered or have its use changed without full compliance with the terms of this division and other applicable regulations.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

This division is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this division and another ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

In the interpretation and application of this division, all provisions shall be:

(1) Considered as minimum requirements;

(2) Liberally construed in favor of the governing body; and

(3) Deemed neither to limit nor repeal any other powers granted under state statutes.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

The degree of flood protection required by this division is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This division does not imply that land outside the areas of special flood hazards and moderate flood hazards or uses permitted within such areas will not be free from flooding or flood damages. This division shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this division or any administrative decision lawfully made hereunder.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

The development services director, or his or her appointee, is hereby appointed the floodplain administrator to administer and implement the provisions of this division and other appropriate sections of 44 CFR (National Flood Insurance Program regulations) pertaining to floodplain management.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

Duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

(1) Maintain and hold open for public inspection all records pertaining to the provisions of this division;

(2) Review permit applications to determine whether proposed building sites will be reasonably safe from flooding;

(3) Review, approve or deny all applications for development permits required by adoption of this division;

(4) Review permits for proposed development to assure that all necessary permits have been obtained from those federal, state or local governmental agencies (including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC 1334) from which prior approval is required;

(5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions), the floodplain administrator shall make the necessary interpretation;

(6) Notify, in riverine situations, adjacent communities and the state coordinating agency which is [the] Texas Commission on Environmental Quality, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency;

(7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained;

(8) When base flood elevation and 500-year floodplain elevation data has not been provided in accordance with section 9-70.7, the floodplain administrator shall obtain, review and reasonably utilize any base flood elevation and 500-year floodplain elevation data and floodway data available from federal, state or other source, in order to administer the provisions of division 5;

(9) When a regulatory floodway has not been designated, the floodplain administrator must require that no new construction, substantial improvements or other development shall be permitted within zones A1-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any one point within the community;

(10) Under the provisions of 44 CFR chapter 1, § 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in zones A1-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the community first applies for a conditional FIRM revision through FEMA.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

(a) Application for a development permit In the floodplain shall be presented to the floodplain administrator on forms furnished by him and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions and elevation of proposed landscape alterations, existing and proposed structures, and the location of the foregoing in relation to areas of special flood hazard and moderate flood hazard. Additionally, the following information is required:

(1) Elevation (in relation to mean sea level) of the lowest floor (including basement) of all new and substantially improved structures;

(2) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed;

(3) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of section 9-70.18(2);

(4) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development;

(5) Maintain a record of all such information in accordance with section 9-70.14(1).

(b) Approval or denial of a development permit by the floodplain administrator shall be based on all of the provisions of this division and the following relevant factors:

(1) The danger to life and property due to flooding or erosion damage;

(2) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

(3) The danger that materials may be swept onto other lands to the injury of others;

(4) The compatibility of the proposed use with existing and anticipated development;

(5) The safety of access to the property in times of flood for ordinary and emergency vehicles;

(6) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems;

(7) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site;

(8) The necessity to the facility of a waterfront location, where applicable;

(9) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;

(10) The relationship of the proposed use to the comprehensive plan for that area.

(c) The floodplain administrator shall deny any application for a substantial improvement unless one of the following conditions is met:

(1) The applicant provides an elevation certificate showing that the finished floor of the building is in compliance with the city's current elevation standard; or

(2) The applicant elevates the structure into compliance with the city's current elevation standard; or

(3) The applicant provides an appraisal of the property, performed by a state licensed appraiser, which shows the construction cost to be below 50 percent of the market value of the structure.

(d) Following a flooding event, the following emergency procedures for repair permits shall be followed:

(1) The applicant shall submit:

a. An application showing the address, property owner's name, contractor's name, and cost of construction;

b. The valuation of the structure as determined by the Harris County Appraisal District; and

c. An itemized cost of repairs, including labor and materials.

(2) If the repairs qualify as a substantial improvement based on the market value of the structure as determined by the Harris County Appraisal District and cost of repairs, the city shall calculate its own market value of the structure, based on square footage, age, and depreciation.

(3) Following the city's market value calculation of the structure, if the repairs still qualify as a substantial improvement based on the market value of the structure per the city's calculation and the cost of repairs, the building official shall make an inspection of the structure and evaluate the damage to the structure to create a repair assessment based on the inspection, evaluation, and average repair costs for the area.

(4) Following the building official's repair assessment, if the repairs still qualify as a substantial improvement based on the cost of repairs in the building official's repair assessment and the greater of the market value of the structure per the city's market value calculation or determination by the Harris County Appraisal District, the building official shall deny the application for repair permits.

(5) Applications under this subsection for repairs found not to be substantial improvements may be issued a repair permit if all other requirements for permits are met.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

(a) The building and standards commission, as established by the city, shall hear and render judgment on requests for variances from the requirements of this division.

(b) The building and standards commission shall hear and render judgment on an appeal only when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this division.

(c) Any person or persons aggrieved by the decision of the building and standards commission may appeal such decision in the courts of competent jurisdiction.

(d) The building official shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request.

(e) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, without regard to the procedures set forth in the remainder of this division.

(f) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in section 9-70.15(b) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.

(g) Upon consideration of the factors noted above and the intent of this division, the building and standards commission may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this division (section 9-70.3).

(h) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

(i) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(j) Prerequisites for granting variances:

(1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

(2) Variances shall only be issued upon:

a. Showing a good and sufficient cause;

b. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws, this Code or other ordinances.

(3) Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

(k) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that:

(1) The criteria outlined in subsections (a) through (i) are met, and

(2) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

In all areas of special flood hazards and moderate flood hazards, the following provisions are required for all new development activity, construction and substantial improvements:

(1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;

(2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage;

(3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage;

(4) All new replacement work, new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent flood damage from contact with buoyant debris and/or from water entering or accumulating within the components during conditions of flooding. Noise producing equipment, such as air conditioning units and standby generators, shall be installed no higher than six inches above the design flood elevation. Pool pumps shall be installed within three inches of grade, secured against flotation and be equipped with a proprietary shield. The building official shall request proof of elevation for new and replacement exterior equipment and, if unavailable, will assist with determining the appropriate height utilizing the FIS (flood insurance study) report (or "profile") as well as any elevation certificates and topographical surveys available for sites in the vicinity of the proposed work;

(5) All new and replacement water supply systems shall be designed and/or located as to minimize or eliminate infiltration of floodwaters into the system;

(6) New and replacement sanitary sewage systems shall be designed and/or located as to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwaters;

(7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and

(8) Construction allowed within one foot above the 500-year floodplain elevation or 18 inches above the centerline of the street for any new development activity, construction or substantial improvements shall be required to be supported by a no rise certification.

(Ord. No. 23-086, § 2(App. B), 11-20-2023; Ord. No. 25-112, § 1(App. A), 11-3-2025)

In all areas of special flood hazards and moderate flood hazards where base flood elevation and 500-year floodplain elevation data has been provided as set forth in section 9-70.7, section 9-70.14(8), or 9-70.19(d), the following provisions are required:

(1) Residential construction. New construction and substantial improvement of any single-family or duplex residential building and/or non-habitable structure will have the lowest floor (including basement) elevated as a minimum to the highest of: one foot above 500-year floodplain elevation, one foot above the 500-year floodplain defined by best available science, or 18 inches above the centerline of the street together with attendant utility and sanitary facilities elevated to the freeboard height. A registered professional engineer, architect or land surveyor will submit certifications for the elevation for proposed construction, during construction and upon finish of construction which includes the specific elevation (in relation to mean sea level) to which such structures are elevated to the floodplain administrator demonstrating that the standard of this subsection, as proposed in section 9-70.15(a)(1), is satisfied. Non-habitable structures' enclosures must be provided flood openings, if not elevated to the design flood elevation. Garage floors must be identified at the leading edge, referred to as the "garage lip," and at the wheel stop's base or top of garage to ensure the positive slope towards the front is in the vicinity of one percent. Elevation certificates for buildings with attached garages, that have with flood openings on interior walls, communicating to a building's crawlspace, must include information about the fire-rated assembly at Section D, pictures of the interior openings, and the International Code Council's Evaluation Survey Reports for the engineered assembly. Except for detached garages, elevation certificates are not required for ancillary structures, however elevation certificates may be provided to determine minimum and maximum equipment heights per (4) at section 9-70.17, towards permitting. Form surveys must include form heights and garage lip, where applicable, and are required for all buildings and structures, except for pools and spas.

(2) Nonresidential construction. New construction and substantial improvement of any commercial, industrial, multifamily, or other nonresidential building/or non-habitable structure must either have the lowest floor (including basement) elevated to the highest of: one foot above the 500-year floodplain elevation, one foot above the 500-year floodplain defined by best available science, or 18 inches above the centerline of the street; or, together with attendant utility and sanitary facilities, be designed so that below the 500-year floodplain elevation the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect must develop and/or review structural design, specifications and plans for the construction, and must certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certifications for the elevation for proposed construction, during construction and finished construction which includes the specific elevation (in relation to mean sea level) to which such structures are elevated or floodproofed, where applicable will be maintained by the floodplain administrator. Form surveys must include form heights, and are required for all buildings and structures, except for pools and spas.

(3) Enclosures. New construction and substantial improvements, with enclosed areas below the lowest floor, including those areas that are usable solely for parking of vehicles, building access or storage in an area other than a basement, must allow for the entry and exit of floodwaters to equalize hydrostatic flood forces on exterior walls, and must provide additional storage capacity and be designed and certified by a registered professional engineer or architect that the construction meets or exceeds the following minimum criteria:

a. A minimum of two openings having a total net free area of not less than one square inch for every square foot of enclosed area subject to flooding must be provided;

b. Openings must be provided which are no higher than four inches above the finished exterior grade sufficient to allow floodwaters to flow underneath the finished floor of the structure when flood waters reach this elevation.

c. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

(4) Manufactured homes.

a. Require that all manufactured homes to be placed within zone A on a community's FHBM or FIRM must be installed using methods and practices which minimize flood damage. For the purpose of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

b. Require that manufactured homes that are placed or substantially improved within: zones A1-30, AH, AE, and shaded X on the community's FIRM on sites: (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation with openings provided and such that the lowest floor of the manufactured home is elevated at a minimum to the highest of: one foot above 500-year floodplain elevation, one foot above the 500-year floodplain defined by best available science, or 18 inches above the centerline of the street, together with attendant utility and sanitary facilities elevated to the freeboard height; and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

c. Require that all manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with zones A1-30, AH, AE, and shaded X on the community's FIRM that are not subject to the provision of subsection (4) be elevated so that:

1. The manufactured home must have the lowest floor elevated as a minimum to the highest of: one foot above the 500-year floodplain elevation, one foot above the 500-year floodplain defined by best available science, or 18 inches above the centerline of the street, together with attendant utility and sanitary facilities elevated to the freeboard height; and

2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches In height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

(5) Recreational vehicles. Require that recreational vehicles placed on sites within zones A1-30, AH, and AE on the community's FIRM either: (i) be on the site for fewer than 180 consecutive days, (ii) be fully licensed and ready for highway use, or (iii) meet the permit requirements of subsection (4)c.1., and the elevation and anchoring requirements for "manufactured homes" in subsection (4). A recreational vehicle is ready for highway use If it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.

(Ord. No. 23-086, § 2(App. B), 11-20-2023; Ord. No. 25-112, § 1(App. A), 11-3-2025)

(a) All subdivision proposals including manufactured home parks and subdivisions shall be consistent with sections 9-70.2, 9-70.3 and 9-70.4.

(b) All proposals for the development of subdivisions including manufactured home parks and subdivisions shall meet development permit requirements of section 9-70.8, section 9-70.15 and the provisions of section 9-70.17 and section 9-70.18.

(c) Base flood elevation and 500-year floodplain elevation data shall be generated for subdivision proposals and other proposed development including manufactured home parks and subdivisions which is greater than 50 lots or five acres, whichever is lesser, if not otherwise provided pursuant to section 9-70.7 or section 9-70.14(8).

(d) All subdivision proposals including manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards.

(e) All subdivision proposals including manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage and provide the compensatory mitigation, as necessary.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

Located within the areas of special flood hazard established in section 9-70.7, the areas are designated as shallow flooding. These areas have special flood hazards associated with base flood depths of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply:

(1) All new construction and substantial improvements of residential structures have the lowest floor (including basement) elevated above the more restrictive of highest adjacent grade and at least as high as the depth number specified in feet on the community's FIRM plus a foot (at least three feet if no depth number is specified), or the 500-year floodplain plus one foot, or 18 inches above the centerline of the street;

(2) All new construction and substantial improvements of nonresidential structures:

a. Have the lowest floor (including basement) elevated above the more restrictive of highest adjacent grade and at least as high as the depth number specified in feet on the community's FIRM plus a foot (at least three feet if no depth number is specified), or the 500-year floodplain plus one foot, or 18 inches above the centerline of the street, together with attendant utility and sanitary facilities elevated to the freeboard height; or

b. Together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy and provided with required compensatory mitigation.

(3) A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in section 9-70.15(a)(l), and 9-71 or 9-72, as applicable, are satisfied; and

(4) Require within zones AH or AO adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this division and other applicable regulations. Violations of the provisions of this division by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this division or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 per day for each violation, and in addition shall pay all costs and expenses involved in the case. Each day that a violation continues shall be considered a separate violation. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 23-086, § 2(App. B), 11-20-2023)

(a) Requirement for a drainage plan. Before a construction permit will be issued, a drainage plan must be approved for all residential sites requiring a permit for the construction of improvements or additions if 25 percent or 1,500 square feet, whichever is smaller, of the lot will be disturbed or regraded.

(b) Objectives of drainage plan.

(1) Prevent storm water from flowing onto adjacent property unless appropriate drainage easement agreement is obtained; and

(2) Control fill that may increase flood damage.

(c) Definitions. Unless specifically defined below, words or phrases used in this section will be interpreted to give them the meaning they have in common usage and to give this section its most reasonable application.

(1) Special flood hazard area means the land in the floodplain subject to a one percent or greater chance of flooding in any given year.

(2) Moderate flood hazard area means the land between the limits of the base flood and the 0.2-percent-annual-chance (or 500-year) flood. They are shown on flood maps as zones labeled with the letters B or X (shaded).

(3) Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

(4) Best available science will mean any floodplain update efforts including, but not be limited to, planned revisions through MAAPNEXT and result in the release of preliminary FIRM maps or revised definition for 500-year floodplain.

(5) Design flood means the 0.2-percent-annual-chance (or 500-year) flood, plus one foot.

(6) Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of flood plain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. The freeboard height is the design flood elevation (DFE), one foot above the 500-year.

(7) Structure means any area of a walled or roofed building.

(8) Elevated structure means any area of a walled or roofed building having the bottom of the lowest horizontal structure member of the floor elevated above the ground.

(9) Two-year frequency means a rainfall intensity having a 50 percent probability of occurrence in any given year that occurs on the average of every two years over a long period of time.

(10) No net increase means that the volume of material placed on a lot at any time must not be greater than the amount of material removed from the lot during demolition and subsequent grading operations. Calculations must be provided by the design engineer to verify that a no net increase will be achieved. Design engineer should also provide a no rise certification.

(11) No rise certification means that a civil engineer licensed as a professional engineer in the state must provide a drainage design, to include cut and fill calculations, which demonstrates no net fill, except where above the design flood elevation. The calculations must include all topographical modifications, and the small amount of concrete used for pier and beam foundation construction, as allowed in article II-A, as well as crawlspace aprons/skirts, and horizontal, sub-floor framing components. Outside of crawlspace skirting, only those components of the load-bearing pathway for a building structure are to be "excepted," as staircase projections, garage slabs, etc., are not load-bearing components, even if factoring those components within the calculations results in no net fill.

(12) Pier and beam foundation construction means the floor of the structure is elevated above the ground, supported by a number of piers and beams, such that floodwaters may rise and recede under the floor of the structure. The area under the structure should be graded and provided drainage such that water will not pond. The crawlspace itself must remain permeable, such that water can percolate into the soil.

(13) Yard amenities means pools, spas, fountains, waterfalls, outdoor kitchens and patios, not including the slabs (except for on proposed patio additions to existing slab-on-grade patios already established, so as to maintain uniform height, and where "cut" elsewhere on the lot is impractical) — barbeque pits, fireplaces and other similar outdoor raised features. The one percent and eight-inch maximum fill limit does not apply to yard amenities.

(d) Contents of drainage plan.

(1) Survey and elevation data. The drainage plan must include data obtained by a topographical survey performed under the supervision of and signed, sealed and dated by a professional land surveyor registered in the state. The topographical survey must include as a minimum, the location and elevation of existing sidewalks, curb/gutters, ditches, storm, sewers, sanitary sewers and the existing elevations of the lot. The survey should be completed prior to demolition of any structures on the property to provide baseline conditions for the property. The elevations must be based on the current datum and vertical benchmark system being used by the city and should be at a maximum spacing of 20 feet throughout the property. The city will furnish, upon request, location and elevation of benchmarks available within the city. The drainage plan must show the proposed finished floor elevation and the finished grade elevations of all proposed paving and grading on the site and must include existing and planned spot elevations at a maximum of 20 feet spacing covering the lot:

a. Along the perimeter of the lot;

b. Grid across the lot; and

c. Finished floor and adjacent finished grade along the perimeter of all slabs, including but not limited to buildings, sidewalks, patios, driveways, and decks.

(2) Requirements to drain. Drainage of the lot may be obtained by surface or subsurface means, or a combination of the two, as is appropriate and necessary so that the stormwater falling on the residential lot upon which construction is planned will drain into the street, ditch or storm sewer system of the city and not onto adjacent property. However, as a minimum requirement, each lot will be required to provide drainage on each side, or in the case of a corner lot, on the sides adjoining the adjacent lots, designated to carry the two year design storm, sloping to the street, ditch, or storm sewer. Cross sectional elevation of the swale must be shown on the drainage plan at three points: at the house, at the swale flow line, and at the side property line. A minimum of three elevations are required to adequately define a swale cross section. The engineer preparing the drainage plan must provide supporting calculations to demonstrate that the drainage system meets the design criteria. Cross section elevations of a swale must be provided at the front property line, the front of the house, the midpoint of the house, the back of the house and at the beginning of the swale.

(3) Limitation on lot fill.

a. Option 1—Elevated structure without fill. The proposed improvements to a property must result in no net increase in volume of material on the lot with the exception of the small amount of concrete used for pier and beam foundation construction that may be permitted by the building official. Topographical modifications may be made to increase the elevation of the lot, if it does not constitute fill, but no more than the amount needed to create a maximum elevation equal to a one percent slope from the existing street, top of curb, edge of road (if no curb exists) or existing ditch high bank, but in no case will more than eight inches of fill be allowed, except as provided in subsection (d)(3)a.—1. and 2. below. The engineer preparing the drainage plan must provide calculations and supporting data demonstrating that no net increase in volume of material is proposed and provide a no rise certification.

1. Subject to review and approval by the city engineer after finding that there is no net increase in fill nor any impact on the 100-year flood event.

2. For any fill proposed in the street right-of-way, applicant must submit documentation signed and sealed by a licensed professional engineer that verifies there is no net increase in fill nor any impact on the 100-year storm event.

b. Option 2—Elevated structure with fill. If the existing ground elevation at the proposed structure is greater than or equal to one foot above the 500-year floodplain elevation as defined by best available science and the finished floor of the proposed structure greater than one foot above the 500-year floodplain elevation as defined by best available science by means of fill, then no additional fill on the lot will be allowed. Any volume of material used to raise the existing lot elevation to the one percent or eight-inch maximum fill limit for grading and drainage purposes must be mitigated by lowering the finished grade below the existing (pre-construction) elevation elsewhere on the lot. The engineer preparing the drainage plan must provide calculations and supporting data demonstrating that no net increase in volume of material is proposed with the exception of raising the finished floor to the 500-year floodplain elevation as defined by best available science. Design engineer will provide a no rise certification.

(4) Engineer's seal. The drainage plan must be prepared, certified, scaled and signed by a civil engineer licensed as a professional engineer in the state.

(5) Maximum fill limit. The height to which any point on the lot, other than the foundation, may be filled is limited to an elevation calculated by multiplying the distance from the curb by one percent and adding the top of curb elevation. Existing elevations which are higher than the calculated elevations are not required to be cut to meet the requirements of this section. The calculation only applies to fill above the existing elevation. The one percent does not apply to proposed cross-slopes of swales. In no case will any point on the lot be filled more than eight inches above the existing (pre-construction) elevations. The volume of material placed on a lot at any time must not be greater than the amount of material removed from the lot during demolition and subsequent grading operations.

(6) Maximum garage and driveway elevations. The height to which a driveway may be elevated up to the building line is one percent grade or less as measured from the inside of the top of curb.

(7) Rot boards or retaining walls required. A lot on which more than four inches of fill is placed will be required to install pressure-treated rot boards or retaining walls on either side of the area in which the fill increases the elevation of the lot above that of its neighbors. Rot board or retaining wall height in front of the building line is limited to one inch above finished grade.

(8) Conflicts. In the event of a conflict between this section and the International Codes, as adopted, the building official will follow the provisions of the more restrictive.

(e) Building final and certificate of occupancy. As a condition precedent to the issuance of any certificate of occupancy, a non-conversion agreement must be submitted, where applicable, and a second topographical survey must be made under the supervision of a registered professional land surveyor registered in the state which must show the "as-built" elevation of the residence and the finished grade elevations of the lot, patios, drives, sidewalks, landscaped areas, etc. A civil engineer licensed as a professional engineer in the state must review the "as-built" survey for conformance with the approved drainage plan. The engineer or an engineer-in-training in his employ must conduct a site visit of the location shown on the survey at a date equal to or after the date of the "as-built" survey. The engineer must draft a letter with the following statement to be attached to and submitted with the "as-built" survey:

I, ___________, a professional engineer licensed in the state, have reviewed the "as-built" survey of this property and, on the basis of that review and a visit to the site, state that it conforms to the design and intent of the approved drainage plan submitted for permit and is in compliance with chapter 9, buildings, section 9-71, drainage requirements for residential construction, of the Code of Ordinances of the City of Bellaire, Texas.

The building official must deny a certificate of occupancy until the "as built" survey and the engineer's statement have been properly submitted and approved, as well as the Non-Conversion Agreement (NCA) for those projects with spaces below the design flood elevation, also known as freeboard, applicable to new construction and substantial improvements (including substantial damage), other additions, attached garages, ancillary structures, alterations below design flood elevated spaces, whether enclosed or not, but not to include:

(1) Crawl/underfloor and spaces that are less than five feet in height;

(2) Detached accessory structures that are elevated to the design flood elevation; or

(3) Exterior spaces.

The non-conversion agreement must be notarized, with language allowing for inspection, even after the certificate of occupancy's issuance, by the building official, upon request, if not initially requested for permit issuance. The NCA will identify the height of the lowest enclosure for a building of structure with a height of greater than five feet.

(f) Duty to maintain drainage. All drainage improvements detailed in the drainage plan must be maintained to prevent stormwater runoff from flowing onto adjacent property. Interim measures to prevent stormwater from flowing onto adjacent properties must be provided and maintained during construction. It is the responsibility of the owner and all subsequent owners to maintain the drainage on their property and to assure that no additional fill is added over the amount in the approved drainage plan. No alterations to the approved drainage plan must be performed without first having submitted a revised drainage plan and obtaining the proper approval. Project approval will require verification of an "as-built" survey for conformance with the approved drainage plan, as per subsection (e), as well as the engineer's letter, required in subsection (e) above. The city building official will maintain a copy of all drainage plans approved by the city.

(g) Penalties. Any owner or agent of a residential building site or lot for which a drainage plan is required that fails to comply with, or is in violation of, any of the requirements or provisions of this section, or fails to maintain the approved drainage, will be subject to a fine in an amount not to exceed $500.00. Each day during which any such violation is committed or continues will be considered a separate offense.

(Ord. No. 23-086, § 2(App. B), 11-20-2023; Ord. No. 25-112, § 1(App. A), 11-3-2025)

(a) Adoption of the storm water design and water quality requirements for non-residential construction. The current edition of Chapter 9, storm water design and water quality requirements of the City of Houston Infrastructure Design Manual as adopted by the City of Houston, Texas, is hereby adopted as the stormwater design and water quality requirements for non-residential construction of the city as to all its terms and provisions and made a part of this Code as if repeated verbatim herein, with the qualifications, exceptions and additions as may, from time to time, be set out in this Code.

All amendments to any prior editions of the stormwater design and water quality requirements for non-residential construction as herein set out will be deemed controlling as to the new edition unless the same will have been repealed or otherwise amended by ordinance duly adopted by the city council, amending the Code.

(b) Applicability and drainage plan requirement. This section and the stormwater design and water quality requirements for non-residential construction will only apply to non-residential development. Before a construction permit will be issued, a drainage plan in compliance with the stormwater design and water quality requirements for non-residential construction must be approved for all non-residential sites requiring a permit. The term non-residential will include multi-family use. The design may not incorporate net fill.

(1) Engineer's seal. The drainage plan must be prepared, certified, scaled and signed by a civil engineer licensed as a professional engineer in the state.

(c) Amendment to storm water design and water quality requirements for non-residential construction. The stormwater design and water quality requirements for non-residential properties as adopted by the provision of this section are hereby amended, altered and changed or interpreted in the following respects:

(1) Pump discharges into the public right-of-way will be prohibited and any allowance for such discharges must be removed.

(2) The allowance for low impact development techniques as acceptable to achieve the required detention must be removed and replaced with the following:

Use of low impact development (LID) techniques must not be considered acceptable for achieving the total stormwater detention required unless approved by the building official as the only reasonable method, in the opinion of the building official, for meeting the storm water detention amounts. If LID techniques are approved by building official for achieving detention, the LID techniques design must comply with these requirements, and the property owner must maintain the LID techniques in a manner to maintain effectiveness and performance of the LID techniques as it relates to the approved storm water detention design. If LID techniques are considered for achieving detention, the property owner must execute, have notarized, and deliver to the city an inspection consent form, as required by the city, granting the city, its building official, or inspectors the right to enter the property, subject to reasonable time, notice and safety precautions, and perform inspections solely for the purposes of evaluating the maintenance, continued effectiveness and performance of the LID techniques and facilities related to the approved stormwater detention design. The building official must inspect the LID techniques at least once every three years.

(3) "City of Bellaire" will replace "City of Houston" in all instances and any term "City" will refer to the "City of Bellaire."

(4) Any references to review, approvals, or denials by any City of Houston department shall be replaced with the City of Bellaire Development Services, provided however, that City of Houston review and approval will be required if work is proposed within Houston's right-of-way.

(5) The definition of "development" will be replaced with the following:

Development: any activity that requires a construction permit. This term includes new development and redevelopment.

(6) Any reference to HouStorm will be replaced with an industry standard hydraulics program determined acceptable by the City's Engineer.

(7) Any references to Chapter 19 of the City of Houston Code of Ordinances will be replaced with the City of Bellaire Code of Ordinances.

(8) Any references to Chapter 10, street paving design requirements of the "Houston Infrastructure Design Manual" will be replaced with "City of Bellaire's Standard Specifications and Design Details."

(9) Any reference to "City of Houston Standard Specification 02631" will be replaced with the "City of Bellaire's Standard Specifications of Materials."

(10) Any reference to Chapter 5, easement requirements of the Houston Infrastructure Design Manual will be replaced with City of Bellaire's easement and right-of-way requirements.

(11) Any references to the applicability of these requirements within the extraterritorial jurisdiction will be removed or otherwise disregarded.

(12) Any reference to compliance with the "City of Houston's Standard Storm Sewer Inlet" (table 9.2) will be removed or otherwise disregarded.

(13) Any reference to compliance with the City of Houston comprehensive drainage plan will be removed or otherwise disregarded.

(14) Any reference to compliance or standards for residential development, residential redevelopment or residential new development will be removed or otherwise disregarded.

(15) Any authority for city staff or the city engineer to grant exceptions or variances from these requirements will be removed or otherwise disregarded.

(d) Duty to maintain drainage. All drainage improvements detailed in the drainage plan must be maintained to prevent stormwater runoff from flowing onto adjacent property. Interim measures to prevent stormwater from flowing onto adjacent properties must be provided and maintained during construction. It is the responsibility of the owner and all subsequent owners to maintain the drainage on their property and to assure that no additional fill is added over the amount in the approved drainage plan. No alterations to the approved drainage plan shall be performed without first having submitted a revised drainage plan and obtaining the proper approval. Project approvals will require verification of an "as-built" survey for conformance with the approved drainage plan, as well as the engineer's letter. The engineer or an engineer-in-training in his employ must conduct a site visit of the location shown on the survey at a date equal to or after the date of the "as-built" survey. The engineer must draft a letter with the following statement to be attached to and submitted with the "as-built" survey:

I, ___________, a professional engineer licensed in the state, have reviewed the "as-built" survey of this property and, on the basis of that review and a visit to the site, state that it conforms to the design and intent of the approved drainage plan submitted for permit and is in compliance with chapter 9, buildings, section 9-72, drainage requirements for non-residential construction, of the Code of Ordinances of the City of Bellaire, Texas.

The city building official will maintain a copy of all drainage plans approved by the city.

(e) Penalties. Any owner or agent of a non-residential building site or property for which a drainage plan is required that fails to comply with, or is in violation of, any of the requirements or provisions of this section, or fails to maintain the approved drainage, will be subject to a fine in the maximum amount as provided by law. Each day during which any such violation is committed or continues will be considered a separate offense.

(f) Findings. It is hereby determined that a failure to comply with this section for a non-residential building site or property causes the property and all buildings, structures, and improvements on the property to be a threat to the health, safety, and well-being of the residents, citizens, and inhabitants of the city and a danger to adjacent property.

(Ord. No. 23-086, § 2(App. B), 11-20-2023; Ord. No. 25-112, § 1(App. A), 11-3-2025)

(a) When it shall appear that a building or structure in the city is a substandard building under the terms of this article and that such building or structure or the manner of its use constitutes an immediate and serious danger to life or property, the condition shall be deemed a condition justifying the use of emergency measures. In such case, the building and standards commission, a majority of the commissioners or the building official may, with the consent and approval of the city manager, order any of the following emergency measures to be taken:

(1) Immediate vacation of such building, structure and/or adjoining buildings or structures;

(2) Vacation of the danger area around such building or structure;

(3) Such emergency shoring-up and bracing of walls, roofs and supports as are required to render such building or structure safe;

(4) Destruction of such walls, roofs and supports or the entire structure or so much thereof as cannot be braced or made secure with safety;

(5) Posting of notices on or near such building or structure or buildings or structures, notifying the public of such order and ordering all persons to keep out of such building, buildings, structure or structures and the areas of danger surrounding it or them.

(b) When any of the above-mentioned measures are ordered to be taken, notice of such order shall be given as follows:

(1) Such order shall be directed to the owner of such substandard building or structure or his authorized representative, if the same be known. Where notification can be accomplished without increasing the danger to life or property, notice shall be given by personal service on the owner of the building or structure or his said representative.

(2) In the event that such notification would create such a delay as would materially increase the danger to life or property, then such notice need not be given.

(c) If the owner or his representative shall fail or refuse to carry out such order or shall fail to carry out such order satisfactorily, the building and standards commission or the building official may, upon approval of the city manager, proceed to carry out such orders either by private contract or through an agency of the city, and the cost thus incurred shall constitute a valid lien against the property.

(Ord. No. 14-057, § 1, 10-6-2014)

Failure to comply with the terms and provisions of any order of the building and standards commission or of the city council within the time specified shall constitute a violation of this Code, of this section and of the requirements of law. Pursuant to the requirements of law, any owner, owner's representative or third party found by the building and standards commission, or by the city council upon appeal, to have control over any premises made the subject of any order of the commission or of the city council, shall be deemed to be in violation of the terms and provisions of said order and in violation of this Code if such person shall fail to take such action as is mandated or required by said order; and upon the effective date of said order as set out therein, such person shall be subject to a civil penalty not to exceed $1,000.00 per day for violation of this Code.

(Ord. No. 14-057, § 1, 10-6-2014)

Neither the city nor any authorized agent acting under the terms of this article shall be liable or have any liability by reason of orders issued or work done in compliance with the terms of this article.

(Ord. No. 14-057, § 1, 10-6-2014)

In accordance with law, notice of a proceeding before the building and standards commission shall be given in the following fashion:

(a) By certified mail, return receipt requested, to the record owners of the affected property and to each holder of a record lien against the affected property, as shown by the records in the office of the county clerk, if the address of the lienholder can be ascertained from the deed of trust establishing the lien and/or other applicable instruments on file in the office of the county clerk.

(b) To all unknown owners by posting a copy of the notice on the front door or each improvement situated on the affected property or as close to the front door as practicable.

(c) The notice as herein required shall be mailed and posted on or before the tenth day before the date of the hearing before the commission and must state the date, time and place of hearing. In addition, the notice must be published in an official newspaper of the city as designated by the city council on one occasion on or before the tenth day before the date fixed for the hearing.

(d) A notice may be filed as to a proceeding before the building and standards commission in the official public records of real property in the county. The notice must contain 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 in the office of the county clerk, a legal description of the affected property and a description of the proceedings.

(Ord. No. 14-057, § 1, 10-6-2014)

It is the intent of the city council to grant to the building official as herein provided and the building and standards commission all authority concerning substandard buildings that is permitted or that is otherwise provided for under the laws of the state either in V.T.C.A., Local Government Code ch. 54 or ch. 214. In addition to other powers as may be granted to the building official and the building and standards commission in this Code, it is specifically provided and authorized that the building official under the procedures as provided for in this Code and the building and standards commission in discharge of its statutory duties, responsibilities and obligations shall have the power by ordinance to require the vacation, relocation of occupants, securing, repair, removal, or demolition of a building, structure, improvement, or portion thereof, if such building, structure, or portion thereof 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, is 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:

(1) The building constitutes a danger to the public even though secured from entry; or

(2) The means used to secure the building are inadequate to prevent unauthorized entry or use of the building by unauthorized persons or as provided for by law.

(Ord. No. 14-057, § 1, 10-6-2014)

The city council by ordinance in accordance with law declares substandard and not meeting the minimum standards as provided for by law any building which is deemed by the building official to be unfit for human habitation, does not have water and sewer service and is occupied either periodically or continuously by persons or because of other circumstances is in the opinion of the building official unsafe for human habitation and/or a threat to the health, safety and well-being of the residents, citizens and inhabitants of the city and/or a danger to adjacent property.

(Ord. No. 14-057, § 1, 10-6-2014)

The city manager shall designate a building official who shall perform such duties as directed by the city council, the city manager and, by orders of the building and standards commission of the city, constituted and acting pursuant to the provisions of V.T.C.A., Local Government Code ch. 54, subchapter C thereof, relating to the quasi-judicial enforcement of health and safety ordinances of home-rule municipality.

The building official, in performance of the duties of said office, shall give such notices and shall take such actions as shall be from time to time provided for and directed by the Legislature of the state, as currently set out in the provisions of V.T.C.A., Local Government Code ch. 54 and subchapter C thereof, as well as any amendments and changes which shall be from time to time made.

(Ord. No. 14-057, § 1, 10-6-2014)

The building and standards commission as created and provided for under the provisions of state law shall, in addition to the statutory duties and responsibilities, have such additional duties and responsibilities as shall be from time to time delegated to it by the city council and shall, in addition, determine such issues and render decisions in accordance therewith as may be from time to time required of an appellate body, regardless of the name of designation provided in the various codes adopted by the city council as a part of this chapter and shall render decisions in accordance with the limitations, restrictions and provisions as provided for in this Code. In such cases, a simple majority of the members of the building and standards commission shall be sufficient to take action, unless by other law or ordinance a greater majority shall be required.

(Ord. No. 14-057, § 1, 10-6-2014)

The city shall have the power as provided for by law to secure a building which violates the minimum standards for buildings as hereinafter provided when the same is unoccupied or occupied only by persons who do not have the lawful right of possession of the building and cannot demonstrate upon inquiry a lawful right to occupy from the owner thereof.

(Ord. No. 14-057, § 1, 10-6-2014)

Any building, house or structure or other enclosure possessing one or more of the following conditions shall be deemed subject to the provisions of this Code prohibiting occupancy of abandoned buildings. A building found in violation of this Code as herein provided may be secured if the same is unoccupied or occupied by persons who do not have the lawful right of possession of the building as granted to them by the owner if any of the following conditions exist:

(a) Doors, windows or portions of the building are broken, open or in such state of repair or condition that they may be easily opened from the outside;

(b) A building has a part or portion of its roof, walls, veneer or outside covering missing or so deteriorated that it is deemed not to be capable of withstanding rain or other natural elements;

(c) Newspapers, debris, garbage or other refuse is stored or strewn about any part or portions of the building or areas adjacent thereto;

(d) The building is alleged to be regularly used by persons who are suspected of criminal activity or who have been charged and convicted of criminal activity, or is a place where criminal acts have occurred or there is reason to believe that criminal acts have occurred that are in violation of the general laws of the state.

(Ord. No. 14-057, § 1, 10-6-2014)

On or before the 11th day after the date a building is secured in the city, the city manager or his designee shall give notice to the owner of said building as determined by the tax rolls furnished by the Central Appraisal District by personally serving the owner with written notice in a form as hereinafter provided or depositing the notice in the United States Mail, addressed to the owner at the owner's post office address or publishing the notice at least twice within a ten day period in a newspaper of general circulation in the county, if personal service cannot be obtained and if the owner's post office address is unknown. The notice required herein shall contain:

(a) An identification of the street, name and address of the property on which the building is located;

(b) A description of the violation of the provisions of the Code that exists within the building;

(c) A statement as to when the city has secured the building;

(d) An explanation that the owner is entitled to a hearing concerning any part of the action taken by the city in securing the building and that the hearing will occur before the building and standards commission and the procedure to be used by the building and standards commission in the hearing.

(Ord. No. 14-057, § 1, 10-6-2014)

The building and standards commission shall conduct a hearing at which the owner may testify or present written information about any matter relating to the city's securing of the building allegedly unoccupied if the owner has filed a written request for hearing with the secretary of the building and standards commission.

The building and standards commission shall conduct a hearing within 20 days after the date of receipt of the request by the owner.

Any request for hearing shall be addressed to the secretary of the building and standards commission and delivered to the city hall at 7008 South Rice Avenue, Bellaire, Texas 77401. The envelope shall be endorsed to state that a hearing is requested.

(Ord. No. 14-057, § 1, 10-6-2014)

The city manager, or his designee shall have the power to execute an affidavit specifying all expenses incurred by the city, and shall cause the same to be filed with the county clerk, which shall affix a lien upon the property for costs incurred as a result of the action taken under the procedures as provided for under the provisions of sections 9-84 through 9-87, and said lien will have priority as to the time it is filed in relation to any other liens filed subsequently thereto.

(Ord. No. 14-057, § 1, 10-6-2014)

The provisions contained herein should not be interpreted as requiring the city to first proceed under any specific provision of this Code nor shall the same be deemed a waiver of any right to proceed under any other section of this Code. The city shall, however, have full right to exercise any and all rights and privileges granted under this Code or any other provisions of law and shall further have the option to exercise any other rights granted under this Code in conjunction with the remedies as herein specified.

(Ord. No. 14-057, § 1, 10-6-2014)

Unless otherwise stated by the building and standards commission in its order, an order of the building and standards commission that requires a substandard structure be demolished and/or removed from the property shall be interpreted to include improvements associated with the substandard structure, including, but not limited to pools, walkways, foundations, driveways, and all other impervious material. Prior to issuance of the demolition order, a tree disposition plan shall be submitted to the building and standards commission for review. Upon removal of required structures and improvements, the lot shall be graded in a manner so as not to retain water or drain onto neighboring properties, and the building official shall verify compliance with the tree disposition plan.

(Ord. No. 21-009, § 1(App. A), 1-25-2021)

The 2023 edition of the National Electrical Code, as adopted and published by the National Fire Protection Association, is hereby adopted as the electrical code of the city (with the electrical requirements of the 2024 International Residential Code) as to all its terms and provisions and made a part of this Code as if repeated verbatim herein, with the qualifications, exceptions and additions as may, from time to time, be set out in this Code.

All amendments to any prior editions of the electrical code as herein set out shall be deemed controlling as to the new edition unless the same shall have been repealed or otherwise amended by ordinance duly adopted by the city council, amending the Code.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

The electrical code adopted by the provisions of this article is hereby amended, altered and changed as follows:

230-42(a). Subsection (a) of Section 230-42 of the Electrical Code is hereby amended to read as follows:

(a) General. Conductors shall be of sufficient size to carry the load as computed in accordance with Article 220. Ampacity shall be determined from Tables 310-15(B)(7) and 31015(B)(16) through 310-15(B)(19) and all applicable notes to these tables. Service entrance conductors shall not be smaller than No. 2 A.W.G. with minimum 75° copper wire with 125 ampere capacity. Provisions shall be made to provide for additional load.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

All wiring shall be installed in copper wire. Aluminum conductors are permitted for conductors installed by the local energy provider.

(1) Residential units, duties of owner, lessee. Whenever a residential unit is rented, leased or sold, the owner of said unit shall insure that the smoke detectors required to be in such unit by this section are installed and that all smoke detectors in the unit are in proper working order at the time the lessee or purchaser takes possession. After a lessee has taken possession of a residential unit, it shall be the duty of the lessee to regularly test all smoke detectors in the unit, and the lessee shall notify the lessor immediately in writing of any problem, defect, malfunction or failure of any such smoke detector(s). Upon such notification by the lessee, or upon notification by an inspector of the city that a smoke detector in the residential unit is not in proper working order, the lessor shall have such smoke detector(s) repaired or replaced within seven days. However, it shall be a defense to prosecution under this subsection that the lessee has the responsibility of all repairs and maintenance of the premises under the terms of the rental or leasing agreement. If the terms of the rental or leasing agreement provide that the lessee has the responsibility of all repairs and maintenance of the premises, the lessee shall keep all smoke detectors in a residential unit in working order at all times.

(2) Hotels and motels, installation requirements. Every sleeping room in all hotels and motels and every dormitory sleeping room shall be provided with smoke detectors tested in accordance with and meeting the requirement of U.L. 217, "Single and Multiple Station Smoke Detectors." Smoke detectors required by this section shall be battery-powered, or be powered by an uninterrupted electrical circuit approved by the fire marshal. Smoke detectors shall be installed in accordance with the manufacturer's recommendations and listing.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

The building official, fire chief or assistant fire chief or their designee shall have the power to at once cause the removal of all wires, or the turning off of all electric current where the circuits interfere with the work of the fire department during the progress of a fire.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

Where electrical equipment is found in dangerous or unsafe condition, the building official or their designee shall notify the person owning, using or operating such equipment to place the same in a safe, secure and non-interfering condition. Any corporation, partnership, association or individual or agent thereof failing, neglecting or refusing within a reasonable time to make the necessary repairs or changes and have the necessary work completed within a reasonable time after the receipt of said notice, shall be deemed guilty of violation of this article, and every day which shall elapse after the expiration of said notice shall be deemed guilty of a violation of this article, and every day which shall elapse after the expiration of said reasonable time until said wires and apparatus are repaired, removed or changed as required by said building official or their designee, shall be considered a separate offense within the intent and meaning of this article.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

No corporation, partnership, association or individual, or agent thereof, shall interfere with the building official or with any person or persons deputized to assist them as hereinbefore provided, while in the performance of duty, and each such interference shall be deemed to constitute a separate offense within the intent and meaning of this article.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

The building official shall cause to be kept a full and complete record of all work done, permits issued, or other official work performed as required by this article, and shall annually make a full and detailed report thereof to the city manager. Said record shall be so arranged as to afford prompt information concerning the condition and general arrangement of any electrical equipment at the time of the last visit of the building official.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

All persons who engage in or work at the actual installation, alteration, repair and renovation of electrical equipment, except for those referred to in section 9-142(b), shall possess either a master or journeyman electrician's license or an apprentice registration card issued by the state, provided that a person holding an apprentice registration card may only engage in and perform such work under the direct visual supervision of a person holding a valid master or journeyman electrician's license.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

Every license required by the provisions of this division shall be issued under, and subject to, the provisions of chapter 9.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

Apprentice electricians shall register with the city.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

No alterations, changes, upgrading, adjustments or any alterations of any nature shall be made to any portion of the equipment covered in this article, as stated in article 90-2(a) of the National Electrical Code without first securing a permit from the city for such work; nor shall any change be made in any equipment after its inspection and approval by the building official without notifying the building official in writing and securing an additional permit as needed.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

Permits required by the provisions of this division shall be issued only to the following:

(a) Any master electrician licensed by the state; or

(b) Any homeowner who has demonstrated sufficient knowledge of the electrical code to the building official either by virtue of education and experience or by testing to assure the inspector they can perform the work according to the Code, may make application for a permit to do electrical work on their own residence or domicile, but not on other property owned by them in the city. For the purpose of this subsection, education and experience shall mean someone who has worked in the trade for three years and has followed a course of study designed to advance their skills as an electrician.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

Those persons eligible to apply for electrical work permits shall make application to the building official, in writing, describing what equipment they wish to install or alter, providing plans and specifications as necessary to determine if the contemplated work will conform to the electrical code and to determine the fees for each permit. All applications for permits shall give the correct location of the work site, the name of the owner of the site or building and shall bear the signature of the applicant.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

Every permit issued under the provisions of this division will expire 180 days after the date thereof unless the work authorized by such permit has commenced within such time; and every permit will expire if the work authorized by such permit is suspended or abandoned for as long as 180 days after it has been commenced. In every case where a permit is permitted to expire, a new permit shall be obtained before any work is resumed.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

(a) All new electrical work, and such portions of existing equipment as may be affected by new work or any changes, shall be inspected to insure compliance with all the requirements of this article. It shall be the duty of the permittee to give reasonable advance notice to the building official or their designees when equipment is ready for inspection.

(b) All materials and labor necessary for tests shall be furnished by the permittee.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

No corporation, partnership, association or individual or agent thereof, shall hereafter conceal or cause to be concealed any electric wiring or apparatus mentioned in this article except with the express permission of an electrical inspector, and he is hereby authorized and directed to have removed any flooring, lathing or plaster, sheet metal or any other material which may conceal any electrical wiring or apparatus contrary to the provisions of this article. On completion of the inspection of any electric wiring or apparatus designed to be concealed and found to be in full compliance with the provisions of this article, it shall be the duty of the building official or their designee to post a notice to that effect at the main disconnecting means, or other conspicuous place, and said notice shall be considered as an express permission to conceal said electric wiring and apparatus but no concealment shall take place until such notice has been posted by an electrical inspector.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

The building official or their designee and/or any deputy electrical inspector shall have the right during reasonable hours to enter any building or structure in the discharge of his official duties and/or for the purpose of inspecting the electrical apparatus or appliances therein contained, and for that purpose he shall be given prompt access to all buildings and structures, private or public, on application to the company, firm or individual owning or in charge or control of same.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

This division shall not be construed to relieve from or lessen the responsibility of any party owning, operating or controlling any electric wiring, apparatus, devices, appliances, fixtures or equipment for damages to person or property caused by any defect therein, nor shall the city be held as assuming by this division any such liability by reason of the inspection authorized herein, or the certificates of approval issued as herein provided, or otherwise.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

The 2024 edition of the International plumbing code, including appendices C, D, and E, as adopted and published by the International Code Council, Inc., is hereby adopted as the plumbing code of the city for nonresidential construction as to all its terms and provisions and made a part of this Code as if repeated verbatim herein, with the qualifications, exceptions and additions as may, from time to time, be set out in this Code.

All amendments to any prior editions of the plumbing code as herein set out shall be deemed controlling as to the new edition unless the same shall have been repealed or otherwise amended by ordinance duly adopted by the city council, amending the Code.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

The plumbing code adopted by the provisions of this article is hereby amended, altered and changed in the following respects:

104. Section 104.8: Liability., shall hereby substitute "Building and Standards Commission" for "Board of Appeals."

112. Section 112 Means of Appeals has been amended to read "See Section 9-18, "Appeals to the Building and standards commission from administrative actions," of the Code of Ordinances."

113. Section 113 Board of Appeals has been amended to read "See Section 2-113, "Building and standards commission," of the Code of Ordinances."

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

All persons who engage in or work at the actual installation, alteration, repair and renovation of plumbing shall be authorized by the state to perform plumbing work. In addition thereto, prior to performing any such work within the corporate limits of the city, a plumbing contractor shall register with the city, which registration shall be valid for the duration of the calendar year in which it is issued.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

The following acts, work and conduct shall be expressly permitted without license, provided they do not connect directly to city sanitary sewers or make excavations in city easements for that purpose:

(a) Plumbing work done by a property owner in a building owned and occupied by him as his home.

(b) Plumbing work done by anyone who is regularly employed as or acting as a maintenance man or maintenance engineer, incidental to and in connection with the business in which he is employed or engaged and who does not engage in the occupation of a plumber for the general public; construction, installation and maintenance work done upon the premises or equipment of a railroad by an employee thereof who does not engage in the occupation of a plumber for the general public; and plumbing work done by persons engaged by any public service company in the laying, maintenance and operation of its service mains or lines and the installation, alteration, adjustment, repair, removal and renovation of all types of appurtenances, equipment and appliances; appliance installation and service work by an appliance dealer, and acting as an appliance installation man or appliance service man in connecting appliances to existing piping installations. Provided, however, that all work and service herein named or referred to shall be subject to inspection and approval in accordance with the terms of all local valid city municipal ordinances.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

(a) Prior to performing any work within the corporate limits of the city, any person engaging in the laying of residential storm ("area") drains shall register with the city, which registration shall be valid for the duration of the calendar year in which it is issued.

(b) Prior to performing any work within the corporate limits of the city, any person engaging in work as a lawn sprinkler or irrigation contractor shall register with the city, which registration shall be valid for the duration of the calendar year in which it is issued.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

Plumbing permits shall be issued under the provisions of this division only to the following:

(a) Any master plumber licensed by the state board of plumbing examiners.

(b) Any property owner for plumbing work to be done by him in a building owned and occupied by them as their primary home.

(c) Any appliance dealer or employee of an appliance dealer who is acting as an appliance installer or appliance servicer in connecting appliances to existing piping installations.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

The 2024 edition of the International Mechanical Code, including appendices A, D, and E, as adopted and published by the International Code Council, Inc., and as certified by the building official of the city to the city clerk as herein provided, is hereby adopted as the mechanical code of the city as to all its terms and provisions and made a part of this Code as if repeated verbatim herein, with the qualifications, exceptions and additions as may, from time to time, be set out in this Code.

All amendments to any prior editions of the mechanical code as herein set out shall be deemed controlling as to the new edition unless the same shall have been repealed or otherwise amended by ordinance duly adopted by the city council, amending the Code.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

The mechanical code adopted by the provisions of this article is hereby amended, altered and changed in the following respects:

104. Section 104.8: Liability., shall hereby substitute "Building and Standards Commission" for "board of appeals."

105. Section 105.2 Permits not required.

Permits shall not be required for the following:

1. Portable heating appliances.

2. Portable ventilation appliances and equipment.

3. Portable cooling units.

4. Steam, hot water or chilled water piping within any heating or cooling equipment or appliances regulated by this code.

5. Replacement of any minor component, except for evaporator coils, of an appliance or equipment that does not alter approval of such appliance or equipment or make such appliance or equipment unsafe, outside of a Development Permit required by Section 9-70.8 as defined by (15) Development at Section 9-70.5 of the Code of Ordinances.

6. Portable evaporative coolers.

7. Self-contained refrigeration systems that contain 10 pounds (4.5 kg) or less of refrigerant, or that are actuated by motors of 1 horsepower (0.75 kW) or less.

8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Exemption from the permit requirements of this code shall not be deemed to grant authorization for work to be done in violation of the provisions of this code or of other laws or ordinances of this jurisdiction.

112. Section 112 Means of Appeals has been amended to read "See Section 9-18, "Appeals to the building and standards commission from administrative actions," of the Code of Ordinances."

113. Section 113 Board of Appeals has been amended to read "See Section 2-113, "Building and standards commission," of the Code of Ordinances."

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

Each vehicle used herein shall have affixed to the side thereof the name and phone number of the licensee, in lettering at least two inches high.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

There is hereby designated in the city, Fire Zones Number 1, Number 2 and Number 3. Incorporated herein and adopted herein as a part of this Code is a map contained herein as Appendix "B", delineating and designating said fire zones.

In all parts or sections of this Code wherein fire zones are designated or referred to, provisions herein for description of fire zones shall apply.

The current edition of the 2024 International Swimming Pool and Spa Code, is hereby adopted as the swimming pool code of the city as to all its terms and provisions and made a part of this Code as if repeated verbatim herein, with the qualifications, exceptions and additions as may, from time to time, be set out in this Code.

All amendments to any prior editions of the swimming pool code as herein set out shall be deemed controlling as to the new edition unless the same shall have been repealed or otherwise amended by ordinance duly adopted by the city council, amending the Code.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

The swimming pool and spa code adopted by the provisions of this article is hereby amended, altered and changed in the following respects:

104. Section 104.8. Liability., shall hereby substitute "Building and Standards Commission" for "board of appeals."

112. Section 112 Means of Appeals has been amended to read "See Section 9-18, "Appeals to the Building and standards commission from administrative actions," of the Code of Ordinances."

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

(a) Any person who engages in the business of drilling footings, shafts, inserting concrete, using concrete blocks for leveling or mud jacking for the purposes of leveling, attempting to level or altering the level of a foundation or other supporting member or part of a member of a house or other structure, shall, prior to performing any work within the corporate limits of the city, obtain a license from the city. Application for such license shall be made in a form prescribed by the city; and if an applicant shall meet all criteria established by the city for the issuance of such license, then, upon payment of an annual license fee by the applicant, the city shall issue such license. A license issued hereunder shall expire on September 30 next following either the issuance or renewal thereof. Licenses may be renewed by payment of the annual license fee on or before October 1 of each year.

(b) In addition to the license herein required, prior to performing work within the city, the licensee shall further obtain a permit therefore, which permit shall be issued upon the payment of a permit fee, if it appears that the plans and specifications filed, as herein provided, comply with the terms and provisions of this article. Such permit fee shall be paid in addition to any other fees that may be required by this Code prior to the issuance of such a permit.

(Ord. No. 14-057, § 1, 10-6-2014)

No permit to do work under the terms and provisions of this article shall be issued to any person until the applicant therefore shall submit to the building official of the city the following good and sufficient policy or policies of insurance.

(a) Bodily injury liability insurance to the extent of $300,000.00 for any one occurrence and $300,000.00 in the aggregate;

(b) General property damage insurance providing general liability coverage, including coverage as to injury to city facilities and property, to the extent of $100,000.00 for any one occurrence and $100,000.00 in the aggregate, or a combined single limit of $300,000.00 per occurrence and in the aggregate.

Such insurance policy shall be issued and effective prior to the commencement of work under the permit, and the term thereof shall not expire until one year from the date the work contemplated herein has been finally inspected and approved by the building official of the city or the date the work has been finally completed, whichever occurs last.

(c) Such insurance shall be written by an admitted company under the supervision of the state board of insurance of the state.

Evidence of the compliance with the above insurance requirements shall be considered as having been met when the policy, a copy thereof or a certificate of insurance has been filed with and approved by the building official. Such policy shall include an endorsement thereon that the building official will be notified at least ten days in advance in the event the policy or policies are canceled or expire before the expiration date of the permit. Any permit issued hereunder may be revoked if such insurance is not kept in force.

(Ord. No. 14-057, § 1, 10-6-2014)

When a person requests a permit under this article, two copies of the engineered plans or specifications, which shall reveal the dimensions of the house or building and the portions of the house or building requiring leveling, shall be submitted to the building official one copy of such plans or specifications shall be returned when the permit is issued. The plans and specifications must show full compliance with the terms and provisions of this article and all of the requirements as herein provided.

(Ord. No. 14-057, § 1, 10-6-2014)

The building official may conduct periodic inspections of the work to determine compliance with the terms and provisions of this article, and shall inspect the bell and hole prior to casting concrete. Prior to the completion of the work, the building official shall perform a final inspection. The building official shall require precise adherence to the terms and provisions of this article and the plans and specifications, and no variation or deviation from the plans and specifications shall be permitted unless a new permit is obtained for such change.

(Ord. No. 14-057, § 1, 10-6-2014)

(a) Drilled footings shall be no smaller than nine inches in diameter and belled to a minimum of 20 inches.

(b) All nine inch shafts shall contain two no. 4 reinforcing bars to within four inches of the bottom of the belled area.

(c) All 12 inch shafts shall contain three no. 4 reinforcing bars to within four inches of the bottom of the belled area.

(d) Spread footings over drilled footings shall be to a minimum of 30 inches by 30 inches.

(e) Ready-mixed concrete shall be used, with a minimum of five sacks of cement to one cubic yard of concrete.

(f) Drilled footings should be spaced to a maximum of eight feet on center for one story frame construction and six feet on center for single story brick or two story construction.

(g) If a concrete block is used in conjunction with the steel spacers and/or the leveling jack, the concrete block shall be a minimum of eight inches by eight inches by 12 inches with sand and gravel composition with a minimum compressive strength of 3,000 pounds per square inch (psi).

(h) Any contemplated methods utilizing mud jacking, double drilled shafts, soil neutralizing agents, friction piers or other techniques shall be noted at the time of the plan submission and shall be set out on the plans.

(Ord. No. 14-057, § 1, 10-6-2014)

In addition to the remedies as herein set out, in the event the building official shall at any time determine that the work herein performed or being performed is not in compliance with the terms and provisions of this Code, the building official may require such remedial work as may be deemed necessary and may, in addition, require the person performing the work to pay additional fees or other costs that might be reasonably incurred by the city for additional inspections and may, in addition, revoke the permit as herein required, stop all work in progress and require a new permit to be issued prior to any further work being completed.

(Ord. No. 14-057, § 1, 10-6-2014)

The 2024 international residential code, including appendices BB, BF, BG, BH, BL, BM, BO, CA, CB, CE, and CF, as adopted and published by the International Code Council, Inc. is hereby adopted as the residential code of the city as to all its terms and provisions and made a part of this Code as if repeated verbatim herein, with the qualifications, exceptions and additions as may, from time to time, be set out in this Code.

All amendments to any prior editions of the residential code as herein set out shall be deemed controlling as to the new edition unless the same shall have been repealed or otherwise amended by ordinance duly adopted by the city council of the City of Bellaire, amending the Code.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

The residential code adopted by the provisions of this article is hereby amended, altered and changed in the following respects:

R104. Section R104.8. Liability., shall hereby substitute "Building and Standards Commission" for "board of appeals."

R105. Section R105.1. Permits., of the Building Code is hereby amended by adding a new subsection thereto, numbered and reading as follows:

Sec. R105.1.1. Contractor registration.

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises or cause or permit the same to be done without having obtained a building contractor's license issued by the City of Bellaire prior to the commencement of any such work.

Sec. R105.1.1. Requirements for permitting.

1. Building permits shall be issued only to building contractors who maintain a valid registration with the City of Bellaire or to persons who wish to do work on 1 and 2 family dwellings and associated buildings and structures, or which are owned and occupied by them as a residence, and associated buildings and structures.

2. The annual fee for a building contractor's registration shall be established by the City Manager or his designee. All building contractors' registrations shall expire on October 1, following the date of their issuance.

3. Registrations issued under the provisions hereof shall not be transferable, but the building contractor's registration of any active member, officer or supervisory employee of a partnership, firm or corporation shall be sufficient to qualify the partnership, firm or corporation to engage in the business of building contracting, if the registration holder is employed by that firm only and does in fact supervise and control those installations and alterations of buildings which are required by this Code to be installed or altered by a person registered under the provisions hereof.

4.

(a) The Building Official may revoke or suspend a building contractor's registration or deny a building contractor's registration application if the building contractor:

(1) Has repeated or continuing violations, or has received notice for violation, of any laws or regulations relating to any construction work covered by this chapter, including the city's building codes, this chapter, or any of the technical codes adopted under this chapter; or

(2) Intentionally gave false or misleading information on its registration form, any document submitted for building permits, or any other document submitted to the city for review.

(b) A suspension or revocation of a building contractor's registration may be for a period of up to one year. The Building Official will give written notice to the registration holder of the Building Official's intent to revoke or suspend the registration not less than ten (10) business days prior to the date of revocation or suspension. The written notice will include:

(1) A clear statement of the reason the Building Official intends to revoke or suspend the registration;

(2) The date the revocation or suspension will become effective, which will not be less than ten (10) business days from the date the written notice is given; and

(3) A statement that the registration holder may file a written appeal with the Building Official of the proposed revocation or suspension within five (5) business days of the date of the notice.

(c) A denial of a building contractor's registration shall be effective for one (1) year. If the Building Official denies a building contractor's application for a registration, the Building Official will give written notice of the denial to the applicant as soon as reasonably possible, but not more than five (5) business days after the decision is made to deny the application for a building contractor's registration. The written notice will include:

(1) A clear statement of the reason for the Building Official's denial; and

(2) A statement that the applicant may appeal the denial of the building contractor's registration by filing a written notice of appeal with the Building Official within five (5) days of the effective date of the notice of denial.

(d) Appeals.

(1) A person may appeal a denial of a registration, the proposed revocation of a registration, or the proposed suspension of a registration, by filing a completed written appeal with the Building Official setting forth the basis for the appeal, along with any required filing fee. The completed appeal must be filed within five (5) business days of the effective date of the notice of the denial, revocation, or suspension.

(2) The Building and Standards Commission will hold an informal hearing on an appeal as soon as is reasonably possible, but not more than ten (10) business days after the date the appeal is properly filed. The Building Official, the person appealing, and any interested party, may present evidence and argument to the Building and Standards Commission to the extent the Building and Standards Commission believes the same are relevant to the appeal.

(3) After completion of the hearing, the Building and Standards Commission will render a written decision on the appeal within five (5) business days. The Building and Standards Commission may affirm, reverse or modify the decision of the Building Official. A copy of the written decision will be provided to the person filing the appeal.

R105. Section R105. Permits., is hereby amended with respect to subsection R105.2, Work Exempt from Permit, by clarifying the Floodplain Development Permit criteria at subsection R105.2, altering subsection R105.2.2, and deleting subsection R105.2.6, then indicating as Reserved.

R105.2 Work exempt from permit.

Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Outside of Development Permits, required by Section 9-70.8 and as defined by (15) Development at Section 9-70.5 of the Code of Ordinances, Building Permits shall not be required for the following:

Building:

1. Other than storm shelters, one-story detached accessory structures, provided that the floor area does not exceed 200 square feet (18.58 m2).

2. Fences not over 8 feet (2438 mm) high.

3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1.

5. Sidewalks and driveways. (Reserved)

6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.

8. Swings and other playground equipment.

9. Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.

10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling or townhouse and do not serve the exit door required by Section R318.4. (Reserved)

Electrical:

1. Listed cord-and-plug connected temporary decorative lighting.

2. Reinstallation of attachment plug receptacles but not the outlets therefore.

3. Replacement of branch circuit overcurrent devices of the required capacity in the same location.

4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy.

5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

Gas:

1. Portable heating, cooking or clothes drying appliances.

2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Mechanical:

1. Portable heating appliances.

2. Portable ventilation appliances.

3. Portable cooling units.

4. Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code.

5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.

6. Portable evaporative coolers.

7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by motors of 1 horsepower (746 W) or less.

8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.

Plumbing:

1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.

2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures.

R112. Section R112. Means of Appeals., has been amended to read "See Sections 2-113, "Building and Standards Commission," of the Code of Ordinances and 9-18, "Appeals to the building and standards commission from administrative actions," of the Code of Ordinances.

R113. Section R113. Violations., of the 2024 International Residential Code is hereby amended to read as follows

R113.1 Unlawful acts.

It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building, structure, premises or equipment regulated by this code, or cause or permit the same to be done, in conflict with or in violation of any of the provisions of this code or any order of the building official hereunder. Any person violating the provisions of this section shall be guilty of a misdemeanor for each day such violation continues, and as such shall be liable to a fine of not less than $50.00 nor more than $250.00 for each day's violation.

R113.2 Notice of violation.

The building official is authorized to serve a notice of violation or order on any person, firm or corporation responsible for the erection, construction, alteration, extension, repair, moving, improving, removing, demolition, equipping, using, occupying or maintaining a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code or any order of the building official hereunder. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

R301. R301.2, at Table R301.2, has been amended in its entirety.

Table R301.2

CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

R309. Section R309, Automatic Sprinkler Systems, is hereby amended in its entirety.

R309.1 New construction.

All new single-family homes with occupiable space (space capable of being made into a room) above the second floor; and remodeling above the second floor for which a building permit is required after December 31, 1999, shall be required to have a residential fire sprinkler system designed and installed in accordance with the standards for such sprinkler systems.

R309.1.1 Design and installation.

All residential fire sprinkler systems required by this section shall be designed and installed in accordance with the most recent version of the National Fire Protection Agency ("NFPA") Code, Section 13D, except as modified herein.

1. NFPA 13D is hereby amended by deleting all references to polybutylene pipe in Section 3-3.2 and Table 3-3.2.

2. NFPA 13D is hereby amended by including the requirement that an approved backflow prevention device be installed at the point of connection between the residential fire sprinkler system and the household plumbing system.

3. NFPA 13D is hereby amended by including the requirement that all accessible spaces beneath a means of egress, regardless of dimension shall be sprinklered.

4. NFPA 13D is hereby amended by including the requirement that all attached garages shall be sprinklered.

5. NFPA 13D is hereby amended by including the requirement that one sprinkler head shall be installed above each heat-producing unit in attic space.

R309.1.2 Access.

Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction except single-story detached non-air-conditioned space used for storage. The fire apparatus access road shall comply with the requirements of this section of the International Fire Code and shall extend to within 150 feet (45,720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

Exception: The fire code official is authorized to increase the dimension of 150 feet (45,720 mm) where:

1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3 of the International Fire Code;

2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided;

3. There are not more than two Group R-3 or Group U occupancies; and

4. The facility or building is a detached accessory structure.

R309.1.3 Certification and testing.

Prior to issuing an occupancy certificate for any new residential construction or any addition or remodeling for which a residential fire sprinkler system is required by this section, the building official shall be provided with a certificate that the residential fire sprinkler system has been designed and installed in accordance with the standards set forth in section R309.1 b. and that the backflow prevention device has been properly tested. In addition, upon for issuance of a new occupancy certificate for any home in which a residential fire sprinkler system has been installed, the system shall be verified as working properly.

Chapter 11 is deleted in its entirety. See the 2024 IECC Residential Provisions and adopted Appendices and Resources.

E3601.6.2 of the International Residential Code is hereby amended to read as follows:

E3601.6.2 Service disconnect Location

(a) Single-family dwelling. A single main service disconnect and set of overcurrent devices, located on the exterior wall at an accessible height and location, shall be provided on all single-family dwellings.

The service for single-family dwellings shall have a capacity of not less than 125 amperes. On three phase services, two main disconnects may be provided, one for the single phase load and one for the three phase load. On services of over 200 ampere capacity, a distribution panel may be provided with a maximum of six main disconnects.

This provision shall apply to all new buildings to be constructed and to all existing buildings when an additional load is added to existing wiring or equipment, for which a permit is required.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

The purpose of this article is to preserve and enhance the urban forest of the city. The urban forest is of great value in the maintenance of public health and welfare. The urban forest can aid in the conservation of vital energy resources and natural resources and in the preservation of the city's heritage and quality of life. Trees are a valuable amenity to the urban environment, creating greater human comfort by providing shade, cooling the air through evaporation, restoring oxygen to the atmosphere, reducing glare, reducing noise levels, providing an ecological habitat for songbirds and other animal and plant species, providing for more effective transitions between different land uses and breaking the monotony of urbanized development, pre-development, or construction.

(Ord. No. 24-025, § 1(App. A), 5-6-2024)

Unless the context otherwise clearly requires a different meaning, the following terms, as used in this article, shall have the meanings indicated below.

Bellaire forestry enhancement fund or "BFEF" means the fund of the city established by section 9-353 of this article.

City means the City of Bellaire, Texas.

Criteria manual means the most recent version of the "Criteria Manual for Urban Forest" adopted by the city council, a copy of which is on file in the office of the city clerk, and which is hereby incorporated into this article by reference.

Critical root zone means, for any given tree, the area within a circle centered on the trunk location. The circle's diameter is one-half the sum of the broadest and the narrowest drip line diameters.

Damage a tree means to take any action which could result in a tree's death, either immediately or at any time within two years following the action. Some examples of such action, which are not intended to limit this definition, are as follows: severing the main trunk or large branches or large roots, girdling, poisoning, carving, mutilating, touching with live wires, piercing with nails or spikes, crushing or exposing the roots, digging or drilling any hole larger than three cubic feet (or a trench) within the critical root zone, covering a substantial part of the critical root zone or compacting a substantial part of the soil in the critical root zone.

Development or pre-development activity means construction or preparation for construction and includes grading, clearing, grubbing and demolition of existing structure.

Diameter means the diameter of a tree's truck, measured as prescribed in the criteria manual.

Drip line means the area of unpaved ground under the branches of a tree.

Front yard means the front setback area required by chapter 24, as measured from the front street side of a building site or potential building site.

Large tree means a tree with a diameter of six inches or more. In case a tree is removed, it is presumed to have been a large tree if the diameter of the stump is six inches or greater, measured in any direction.

Located. A tree is "located" within an area if any part of its trunk is within the area at ground level.

Low-value tree means a tree included in "class IV" of the criteria manual which is evaluated by the urban forester under the criteria manual and assigned a total rating less than 30 (out of 40 possible points).

Major development means new, ground-up construction of a principal residential or nonresidential structure and not only an addition, accessory structure, swimming pool or demolition.

Minimum planting standard as applied to major development means the minimum standard for total number of trees which must be present on a site regardless of the number of pre-existing or replacement trees, as set forth in the criteria manual.

Protected tree means:

(1) A significant tree anywhere in the city;

(2) A large tree, excluding low-value trees, located within any of the following:

a. A front yard;

b. A street side yard (of corner sites); or

c. A right-of-way area; and

(3) When there is a permit in effect for development or pre-development activity on any subject site, "protected tree" includes all large trees located on that subject site.

Remove means to cut down, or remove a tree by any other means.

Replacement tree means a tree meeting the minimum criteria for replacement trees as set out in the criteria manual and this article.

Right-of-way area includes all parts of a street area, including:

(1) The paved or improved roadway;

(2) The sidewalks;

(3) The curbs or ditches; and

(4) All other paved or unpaved areas in the street area. The "right-of-way area" for an individual site includes only the area between the property line of the site and the centerline of the street area (i.e., the directly abutting area in the street area). A corner site has a right-of-way area both in front and on the side.

Significant tree means a large tree with a diameter of 12 inches or more. In case a tree is removed, it is presumed to have been a significant tree if the diameter of the stump is 12 inches or greater, measured in any direction (also see definition of large tree).

Street side yard means the setback area required by chapter 24, as measured from the side street line of a building site or a potential building site.

Subject site, for any given development or pre-development activity, includes:

(1) The building site or other site, upon which the development or pre-development activity will occur; plus

(2) The right-of-way area for that site.

Tree means a woody plant having at least one well-defined stem or trunk, a defined crown and a mature height of at least eight feet.

Tree permit means a valid permit issued by the city authorizing removal of or damage to a protected tree.

Tree survey means an on-the-ground survey containing the location of trees, their circumferences, types (species), crown areas (drip line) and other data, all as more particularly described in the criteria manual. Unless otherwise indicated in the criteria manual, the tree survey must depict for any given subject site:

(1) Every large tree located on the subject site; and

(2) Every large tree located elsewhere which has 30 percent or more of its critical root zone on such subject site.

Urban forester means a qualified third party contracted by the city to approve, inspect, and enforce tree permits, tree surveys and tree disposition plans.

(Ord. No. 24-025, § 1(App. A), 5-6-2024)

(a) Permit required. A tree permit is required for removal of, or damage to, any protected tree.

(b) Emergency removal. Where a dangerous condition of a protected tree requires its immediate removal to protect against immediate risk to persons or property, a property owner may remove a tree without first obtaining a permit provided, however, the property owner applies for a permit within ten days of the removal and provides documentation of the emergency conditions.

(c) Application. An application for the permit must be filed by the owner of the area where the tree is located. If the tree is located on a property boundary, all owners must join in the application.

(d) Tree in poor condition; hazards; low-value trees. The tree in question is diseased, severely damaged or dead, or the tree creates a hazard to human life or an existing building, or the tree is a low-value tree. In any of these cases, the permit shall be issued without special conditions or replacement requirement.

(e) Tree as impediment to proposed use of the subject site. The tree in question causes an unreasonable impediment to use and enjoyment of the property. Any permit issued in this case shall be reviewed by the urban forester and shall require that any replacement trees required by this article be planted. If replacement trees are to be located on the subject site controlled by the permittee, the permit shall also require that they may be thereafter maintained. If the permit would authorize damage to a protected tree, but not removal, the permit must contain conditions reasonably calculated to minimize the damage to the protected tree (and may require replacement trees).

(f) Total number of trees. A permit shall be issued without special conditions or replacement requirement if the lot maintains 150 percent of the minimum planting standards as defined in the criteria manual.

(Ord. No. 24-025, § 1(App. A), 5-6-2024)

(a) General requirement. Except as provided in subsection (c) below, the building official shall not issue any permit for any development or predevelopment activity unless all of the following have first occurred:

(1) Tree survey. The applicant must have filed a tree survey, and the urban forester must have approved it for compliance with this article; and

(2) Tree disposition plan. The applicant must have filed a tree disposition plan, and the urban forester must have approved it for compliance with this article.

(b) Conditions. Tree disposition plans shall:

(1) Prohibit removal of or damage to any large tree, except:

a. Removal of a tree which is diseased, severely damaged or dead is authorized;

b. Damage to or removal of a tree which causes an unreasonable impediment to the use and enjoyment of the applicant's property is authorized;

c. Damage to or removal of a low-value tree is authorized; and

d. Damage to or removal of a tree that is endangering persons or property, including but not limited to the home's foundation, is authorized.

(2) Require replacement trees, to the extent provided in the criteria manual, for any protected trees authorized to be damaged or removed.

Exception: No replacement is required for low-value trees.

(3) Require protection for large trees (and critical root zones). The conditions may specify the methods of protection to be used.

(4) Require that any authorized damage to trees be minimized and mitigated. The conditions may specify methods of mitigation to be used.

(5) Require, if there is major development, that the affected subject site attain a minimum planting standard of tree density as set forth in the criteria manual.

(c) Exceptions.

(1) Small projects exception. Neither a tree survey nor a tree disposition plan is required for projects that meet the following requirements as determined by the building official:

a. The construction work or other activity proposed by the permit is of a type and scope that presents no serious damage to any protected trees on the site; and

b. The owner, or his authorized agent, has certified to the city in writing that no protected trees will be removed or seriously damaged during the construct work or other activity.

(2) Single tree exception. Neither a tree survey nor a tree disposition plan is required where a property owner seeks to removed a single protected tree. A tree permit must still be obtained.

(Ord. No. 24-025, § 1(App. A), 5-6-2024)

(a) Number of replacement trees. Tree disposition plans and tree permits authorizing removal of, or damage to, protected trees shall require replacement by one or more newly-planted trees, normally on the same subject site, according to the "replacement inch" requirements in the criteria manual. To the extent on-site replacement is not feasible, the permittee may choose to:

(1) Plant and maintain off-site replacement trees within 1,000 feet of the subject site, subject to the provisions of the criteria manual;

(2) Provide a replacement-inch certificate from the BFEF, as provided in this section and the criteria manual; or

(3) Provide replacement inches by some combination of the foregoing methods. Regardless of the method or methods chosen, the number of replacement inches planted on the subject site, plus those provided by alternate methods, must equal or exceed the number calculated according to the replacement inch requirements in the criteria manual.

(b) Minimum size; species. Replacement trees must normally have a trunk diameter of at least two inches measured as prescribed in the criteria manual. If ten inches or more of replacement inches are required by a permit, one replacement tree for each ten inches must have a trunk diameter of at least four inches, measured six inches from the ground.

Example: If 24 replacement inches are required, there must be at least two replacement trees with a trunk diameter of four inches or more. The urban forester may prescribe proportionally smaller trunk diameters for species of trees typically smaller than normal. Replacement trees must be class I or class II, according to the list in the criteria manual.

(c) Growth space. Each replacement tree must be planted in a growth space which:

(1) Contains at least 100 square feet, contiguous, with no dimension smaller than six feet;

(2) Does not contain any compacted, stabilized, paved or solid material, at any level; and

(3) Otherwise supports tree establishment and growth.

Grout-free stones or pavers are not prohibited in a growth space, if the space meets all such criteria. No more than one shade tree may be planted per 100 square feet of such growth space. The urban forester shall use reasonable best efforts to determine the type and number of trees and growth space in an attempt to minimize any undue burden resulting from this chapter.

(d) Replacement inch certificates. If the BFEF issues a "replacement inch" certificate as provided in the criteria manual, the "replacement inches" described in the certificate are treated the same as replacement tree inches actually planted as of the date of the certificate.

(e) Replacement inch credits. An owner of a site in the city who plants a class I or class II tree on that site is eligible to receive a credit for future "replacement inches." The owner may use the credit to offset the number of "replacement inches" assessed for protected trees removed from the same site at any time in the future. Credits are subject to the following:

(1) Issuance. Credits are only available for trees registered with the urban forester within 30 days following the day they are planted. Registration requires application and proof of planting. The registration form shall specify the size and species of each tree planted and its location on the site.

(2) Measurement. The number of replacement inches actually credited is determined by the urban forester at the time an offset in requested, based on the health and size of the previously-registered trees and applying the provisions of the criteria manual regarding calculation of replacement inches.

(3) Transferability. Credits are not transferable to another site but may be claimed by subsequent owners of the same site.

(4) Records. The city is not responsible for keeping registration or other records of credits. A person claiming a credit must present documents to show that the credit is available and applicable.

(f) Bellaire forestry enhancement fund. The Bellaire forestry enhancement fund (BFEF) of the city is hereby established. The BFEF is subject to all restrictions on public funds and other funds of the city, including the requirement for annual budgeting. However, money in the BFEF may only be budgeted and spent for the following purposes:

(1) Purchasing, planting or otherwise providing trees in public spaces, in the front yard of all building sites or in the side street yard of corner building sites in the city;

(2) Maintaining or otherwise enhancing trees in public spaces in the city; or

(3) Matters necessary or incidental to the above.

Deposits may be made into the BFEF by gift or other transfer. The director of finance is authorized to accept such deposits on behalf of the city and to issue:

(1) Acknowledgments in the name of the city; and

(2) "Replacement inch" certificates as provided in the criteria manual.

(g) Maintenance of replacement trees. Any replacement tree that dies within the first two years of its planting must be replaced in accordance with the requirement of this section.

(Ord. No. 24-025, § 1(App. A), 5-6-2024)

(a) Fences required. Unless otherwise specified in the applicable tree permit or disposition plan, each protected tree to be preserved must be fenced during development or predevelopment activity.

(b) Fence criteria. The tree disposition plan shall specify protective fencing of the critical root zone whenever reasonably practicable. Unless the tree disposition plan specifies otherwise:

(1) A six-foot or higher fence must surround each protected tree or group of protected trees, effectively preventing people, machinery, trash, material and other items from occupying the area within the protective fencing;

(2) The fence must be constructed of durable, highly visible materials supported on poles firmly set in the ground;

(3) The fence must be able to resist intrusions and impacts likely to be encountered on a construction site;

(4) The fence may incorporate existing fences or walls as well as temporary fencing; and

(5) Each fence must display a prominent warning sign as set forth in the criteria manual.

(c) Fence permit. A separate fence permit is not required for construction of a fence under this section, if a permit for the work is in effect and includes a tree disposition plan.

(d) Trash, storage prohibited. It shall be unlawful for any person to use the area within the protective fencing, required by this section, for trash disposal, storage, vehicle parking or any other use that could adversely affect tree roots.

(Ord. No. 24-025, § 1(App. A), 5-6-2024)

The following additional requirements shall apply to all commercial property undergoing development or pre-development activity:

(1) Street trees. The property owner or building contractor shall plant a minimum of one 45-gallon tree for every 40 feet of street frontage and may include a public right of way. Any tree variety may be selected except for low-value trees.

(2) Parking lot trees. To the extent that the existing parking spaces would not have to be removed, the property owner or building contractor shall plant a minimum of one 45-gallon tree for every ten parking spaces within or adjacent to a parking lot and may include a public right-of-way. Any tree variety may be selected except for low-value trees.

(Ord. No. 24-025, § 1(App. A), 5-6-2024)

(a) Cooperation. It is the desire of the city to establish a cooperative working relationship with persons seeking to improve property within the city. Interested persons are invited and encouraged to meet and confer with city staff and to retain the services of expert foresters to provide advice and assistance to themselves and the city. The urban forester shall use reasonable best efforts to determine the type and amount of replacement trees required in an attempt to minimize any undue burden resulting from this section.

(b) Appeals. When making decisions or performing other duties under this article, the urban forester and the building official both shall be subject to the standards and procedures generally applicable to the building official under this article. Appeals of decisions made by either the building official or the urban forester, and applications for variances, are heard by the building and standards commission in accordance with this section. Notwithstanding any other provision to the contrary, the commission, when considering an application for a variance:

(1) Shall take into account efforts to avoid or mitigate removal of and damage to trees, particularly trees highly evaluated under the criteria manual; and

(2) May take into account the financial cost of compliance with this article, particularly as it compares to the cost of other work the applicant may be proposing.

(Ord. No. 24-025, § 1(App. A), 5-6-2024)

(a) Removal, damaging, killing of protected trees. Except as authorized by a tree permit, it shall be unlawful, within the city:

(1) For a person to remove or damage a protected tree intentionally or knowingly;

(2) For a person, who owns or controls any site, intentionally or knowingly to cause or allow a protected tree to be removed or damaged, if it is located within that site or the right-of-way area of that site.

(b) Violation of conditions. It shall be unlawful for any person who applies for or receives a permit or disposition plan regulated by this article to fail or to refuse to comply with a condition of the permit, the disposition plan, or this article.

(c) Penalties. Upon observance of a violation, the city's designated agent may:

(1) Issue a citation;

(2) Stop work on the subject site; and

(3) Refuse to grant a certificate of occupancy.

(d) Affirmative defenses. It shall be an affirmative defense to prosecution under this article for removing, damaging or killing a tree, that:

(1) A tree permit or disposition plan authorized the conduct in question; or

(2) All of the following four circumstances were present:

a. Immediate action to remove, damage or kill the tree in question was necessary to prevent harm to people or property;

b. A permit application was filed within ten days thereafter; and

c. An appropriate permit or amendment was obtained.

(e) All fines collected by the municipal court of the city for a violation of this article or a permit issued pursuant to this article shall be deposited into the BFEF.

(Ord. No. 24-025, § 1(App. A), 5-6-2024)

On the one-year anniversary of the adoption of this article, the city manager for the city shall reasonably place this article on the city council agenda to be reviewed by city council, at which time the city council shall review the same for its continuation, amendment, revocation, or other disposition, all to be determined, in the sole discretion of city council. This section does not, however, in any way, limit city council's prior or subsequent ability to review the same, nor does it in any way abridge or amend any other rights, duties, powers, oversight, or responsibilities of city council, as set forth herein.

(Ord. No. 24-025, § 1(App. A), 5-6-2024)

The 2024 edition of the International fuel gas code, including appendices A and B, as adopted and published by the International Code Council, Inc., is hereby adopted as the fuel gas code of the city as to all its terms and provisions and made a part of this Code as if repeated verbatim herein, with the qualifications, exceptions and additions as may, from time to time, be set out in this Code.

All amendments to any prior editions of the fuel gas code as herein set out shall be deemed controlling as to the new edition unless the same shall have been repealed or otherwise amended by ordinance duly adopted by the city council of the City of Bellaire, amending the Code.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

104. Section 104.8: Liability., shall hereby substitute "Building and Standards Commission" for "board of appeals."

105. Section 105.2. Permits not required., shall read:

1. Portable heating appliances

2. Replacement of any minor component of an appliance or equipment that does not alter approval of such appliance or equipment or make such appliance or equipment unsafe, outside of a Development Permit required by Section 9-70.8 as defined by (15) Development at Section 9-70.5 of the Code of Ordinances.

Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

112. Section 112. Means of Appeals., has been amended to read "See Sections 2-113, "Building and Standards Commission," of the Code of Ordinances and 9-18, "Appeals to the building and standards commission from administrative actions," of the Code of Ordinances.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

The 2024 edition of the International Energy Conservation Code, as adopted and published by the International Code Council, Inc., is hereby adopted as the existing building code of the city as to all its terms and provisions and made a part of this Code as if repeated verbatim herein, with the qualifications, exceptions and additions as may, from time to time, be set out in this Code.

All amendments to any prior editions of the existing building code as herein set out shall be deemed controlling as to the new edition unless the same shall have been repealed or otherwise amended by ordinance duly adopted by the city council of the City of Bellaire, amending the Code.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

The energy code adopted by the provisions of this article is hereby amended, altered and changed in the following respects:

C109. Section C109. Means of Appeals., has been amended to read "See Sections 2-113, "Building and Standards Commission," of the Code of Ordinances and 9-18, "Appeals to the building and standards commission from administrative actions," of the Code of Ordinances.

R109. Section R109. Means of Appeals., has been amended to read "See Sections 2-113, "Building and Standards Commission," of the Code of Ordinances and 9-18, "Appeals to the building and standards commission from administrative actions," of the Code of Ordinances.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

The 2024 edition of the International Existing Building Code, as adopted and published by the International Code Council, Inc., is hereby adopted as the existing building code of the city as to all its terms and provisions and made a part of this Code as if repeated verbatim herein, with the qualifications, exceptions and additions as may, from time to time, be set out in this Code.

All amendments to any prior editions of the existing building code as herein set out shall be deemed controlling as to the new edition unless the same shall have been repealed or otherwise amended by ordinance duly adopted by the city council of the City of Bellaire, amending the Code.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)

The existing building code adopted by the provisions of this article is hereby amended, altered and changed in the following respects:

112. Section 112. Means of Appeals., has been amended to read "See Sections 2-113, "Building and Standards Commission," of the Code of Ordinances and Section 9-18, "Appeals to the building and standards commission from administrative actions," of the Code of Ordinances.

(Ord. No. 25-112, § 1(App. A), 11-3-2025)