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ORD 955 11/09/2010 OF C/ 0 r- O KM \ YY '��I�iIIIII/tl//IIIII MINI'„`,\ e x P S "City of Choice" ORDINANCE NO. 9 5 5 STANDARDS FOR THE REGISTRATION OF CONTRACTORS AN ORDINANCE OF THE CITY OF CIBOLO ESTABLISHING THE REQUIREMENTS FOR CONTRACTOR REGISTRATION, MINIMUM INSURANCE REQUIREMENTS FOR CONTRACTORS,AND AUTHORIZING THE ISSUANCE OF PERMITS TO ANY COMPANY, CORPORATION,FIRM,CONTRACTOR,OR PERSONS WHO ALTERS,CONSTRUCTS,OR EXPANDS ON ANY BUILDING OR STRUCTUTRE OR PERFORMS WORK IN THE CITY OF CIBOLO,TEXAS AND ESTABLISHING PERMIT FEES; PROVIDING FOR PENALTIES FOR THE VIOLATION OF THIS ORDINANCE;REPEALING ORDINANCE NO.751 OF THE CITY OF CIBOLO;PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY NOT IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE; PROVIDING A SAVING CLAUSE. Whereas,the City of Cibolo is a Home Rule Municipality located in Guadalupe County,Texas,created in accordance with provisions of the Texas Local Government Code and operating pursuant to its adopted City Charter and all applicable laws and enabling legislation of the State of Texas; and Whereas,the City of Cibolo is governed by a Home Rule Charter that was approved by the Citizens of Cibolo in a duly called election held on September 11,2004; and Whereas,Chapter 54.001 of the Texas Local Government Code provides the general authority for the City of Cibolo to enforce each rule,ordinance,or police regulation of the City of Cibolo and to punish a violation of a rule,ordinance,or police regulation; and Whereas,The City of Cibolo,Texas seeks to regulate and govern the design,construction,quality of materials,erection,installation,alteration,repair,location,relocation,replacement,addition to, maintenance,or use in the occupancy of buildings and premises in the City of Cibolo; and Whereas,the City Council of the City of Cibolo,Texas desiring to fulfill their duty in protecting the safety and welfare of its citizens in ensuring the proper licensing of contractors operating within the City of Cibolo,now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS: SECTION 1. INCORPORATION That the above and foregoing premises are true and correct and are incorporated herein and made part hereof for all purposes. SECTION 2. ADOPTION That the Ordinance provisions incorporated in Section 3 herein are hereby adopted by the City Council of the City of Cibolo,Texas. SECTION 3. PROVISIONS CONTRACTOR'S REGISTRATION SECTION I GENERAL PROVISIONS Definitions. The following words,terms, and phrases when used in this Ordinance shall have the meaning ascribed to them in this Section, except where the content clearly indicates a different meaning. A. Contractor General. Shall mean any general contractor and/or including every company, corporation, firm, or person who is engaged in the design, installation,construction, maintenance, service,repair,alteration,or modification of any building or structure for the general public. B. Contractor Limited. A contactor limited is considered applicable to such crafts as roofing, fence construction,air conditioning or heating, electrical,plumbing,irrigation, swimming pools,and other specialty crafts that engaged in the design, installation, construction,maintenance, service,repair,alteration,or modification of any work related to their particular trade for the general public. 1. Air Conditioning. As defined by the Air Conditioning and Refrigeration Contractor License Law. 2. Electricians. As defmed by the Texas Electrical Safety and Licensing Act. 3. Irrigators. As defmed by Chapter 34 of the Texas Water Code. 4. Plumbers. As defined by the Plumbing License Law. 5. Private Sewage/Septic System Installers. As defined by TAC 30, Part I, Chapter 30. 6. Water Softener/Water Purification Installers. As defined by TAC 30,Part I, Chapter 30. 7. Work Performed by Owner. Shall mean any work, improvements, or repairs done solely by the owner of the property owned and occupied as their homestead. SECTION II ISSUING PERMITS Permits will only be issued if the contractors registration and insurance are currently up to date and there are no outstanding fees owed. SECTION III REGISTRATION REQUIREMENTS No person, firm or corporation shall erect,construct, enlarge,alter,repair,move, improve the land or premises or erect,repair or improve any fence on any land or premised in the city,remove, convert or demolish any building, structure or premises in the city, or cause the same to be done without first being registered as required by this ordinance and obtaining a permit thereof from the building official. The 2 issuance of the permit shall be controlled by the building,plumbing, electrical,mechanical or zoning codes as adopted by ordinance by this city. All registrations expire one year from date of original registration or renewal. A. Contractors General. 1. Registration Requirements. The contractor must complete a registration form& hold the appropriate license or equivalent issued by the State of Texas. 2. Insurance Requirements. Where required by state law the contractor must hold the appropriate amount of insurance as required by the State of Texas and provide proof of insurance to the city. Contractors not required to hold specific insurance by the State are required to obtain at least$1,000,000.00 of General liability insurance with completed operations. B. Contractors Limited. 1. 1. Registration Requirements. The contractor must complete a registration form &hold the appropriate license or equivalent issued by the State of Texas. 2. Insurance Requirements. Where required by state law the contractor must hold the appropriate amount of insurance as required by the State of Texas and provide proof of insurance to the city. Contractors not required to hold specific insurance by the State are required to obtain at least$300,000.00 of General liability insurance with completed operations. C. Work Performed by Owner. 1. Registration and insurance not required. 2. Work shall be performed by the owner. 3. It shall be a violation for the owner to obtain the permit and contract out the work. SECTION IV FEE SCHEDULES. Permit fees are as per Schedule A,attached. SECTION 4. PENALTIES FOR VIOLATION Penalties for Violations: Any business,person,homeowner,contractor,company or firm violating any of the provisions of this Ordinance or failing to observe any of the provisions hereof,upon conviction shall be deemed guilty of a Class C Misdemeanor,and shall be fined not more than five hundred ($500.00)dollars,per violation,per day, and each day shall be a separate offense,and each day the violation exists shall constitute a separate offense. SECTION 5. REPEAL That Ordinance No. 751 of Cibolo entitled Standards for the Registration of Contractors is hereby repealed. 3 SECTION 6. CUMULATIVE CLAUSE That this ordinance shall be cumulative of all provisions of the City of Cibolo,Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such Ordinances, in which event the more restrictive shall apply. SECTION 7. SAVING CLAUSE All rights or remedies of the City of Cibolo,Texas are expressly saved as to any and all violations of any ordinance or amendments thereto,of said City of Cibolo,that have accrued at the time of the effective date of this ordinance; and as to such accrued violation,the court shall have all the powers that existed prior to the effective date of this ordinance. SECTION 8. PUBLISHING CLAUSE That the City Secretary is hereby ordered and directed to cause this ordinance to be published. SECTION 9. IN FULL FORCE AND EFFECTIVE That this ordinance and the rules,regulations,provisions,requirements,orders and matters established and adopted hereby shall take effect and be in full force after approve of the Cibolo City Council and after being twice advertised in the newspaper of record for the City of Cibolo. AND IT IS SO ORDAINED. PASSED AND APPROVED by a vote of 7 for to 0 against this 9th day of November 2010. Je TerH• n Mayor ATTEST: /�g epi Peggy Cimics City Secretary 4 SCHEDULE A PERMIT FEE SCHEDULE This fee schedule is for Commercial,Industrial,Residential, and all other construction to include Development Permit Fees for—Site Development. This fee schedule is cumulative to all other ordinances and if in conflict the most stringent will apply. This fee schedule is based on valuation of the permit(this includes land,building,options,materials, labor,overhead, etc.) It should be the true value of the property including all improvements. The plan review fee shall be 1/2 the permit fee unless otherwise stated.The plan review fee for Site Development shall be governed by the zoning ordinance. For Commercial,Industrial,Business and Public buildings the permit fee shall be based on the greater amount of either the contract value or$100.00 per square foot. Residential permit fees shall be based on the greater amount of either the contract value or$70.00 per square foot. In regard to all permit fee schedules,there may be additional cost for professional or other assistance required(third party reviews etc)for a permit application or plan review,upon the determined for this additional needed assistance by staff; the additional amount will be based on the actual cost incurred (including all shipping/transportation/postage/etc)plus administrative fees/costs. SITE DEVELOPMENT PERMIT The fee will be based on multiplying.008 times the value of the contract,to include all work,materials, profit,and overhead plus $75.00 for issuing the permit. Any changes that decrease the original contract will not be considered for refund. Change orders that exceed the original contract must be permitted based on the same fee structure as above. SPECIAL USE PERMIT Special Use Permits where allowed by ordinance and issued under certain conditions,permanent or temporary special use permits will be calculated as: $75.00 for issuing the permit plus: A multiplier of.008 times the value of the special use assets/building/property etc. CERTIFICATE OF OCCUPANCY PERMIT ( C of 0 $175.00.This fee includes Building,Mechanical,Plumbing,Electrical and Fire Marshal inspections.This permit is for existing buildings/lease spaces that have owner,tenant or other occupancy changes after receiving the original C of O.Health Inspections will be conducted through the Texas Department of Health or a third party health inspections company. 5 BUILDING PERMIT FEE SCHEDULE $50.00 for issuing the permit plus: Valuation Permit Fee Schedule $1 to$500 $25 $501 to$2,000 $25 for the first$500,plus$6 for each additional$100 or fraction thereof,to and including$2,000. $2,001 to$40,000 $115 for the first$2,000,plus$11 for each additional $1,000 or fraction thereof,to and including$40,000. $40,001 to $100,000 $533 for the first$40,000,plus$9 for each additional$1,000 or fraction thereof,to and including$100,000. $100,001 to$200,000 $1,073 for the first$100,000,plus $8 for each additional$1,000 or fraction thereof,to and including$200,000. $200,001 to $300,000 $1,873 for the first$200,000,plus$7 for each additional$1,000 or fraction thereof,to and including$300,000. $300,001 to$500,000 $2,573 for the first$300,000,plus$6 for each additional$1,000 or fraction thereof,to and including$500,000. $500,001 to $1,000,000 $3,773 for the first$500,000,plus $5 for each additional$1,000 or fraction thereof,to and including$1,000,000. $1,000,001 to$5,000,000 $6,273 for the first $1,000,000,plus $3 for each additional $1,000 or fraction thereof,to and including$5,000,000 Over$5,000,001 $18,273 for the first$5,000,000,plus$2 for each additional $1,000 or fraction thereof. PLUMBING PERMIT $50.00 for issuing permit plus: $5.50 for each fixture(i.e.bathtub, sink, lavatory, shower, outside hose bibs etc.) $12.00 for each water heater on new construction $25.00 for each water heater replacement $25.00 for a water softener $25.00 for Reverse Osmosis $35.00 for combination softener and reverse osmosis $25,00 for gas piping(up to 5 openings) $ 5.00 for each additional gas opening $25.00 for gas test $35.00 for each lint, grease,or other type of interceptor/tank $45.00 for under slab plumbing repairs 6 Underground Waterline(Domestic or Fire) 0-100 ft$10.00 101 -250 ft$15.00 251 -500 ft$25.00 501 - 1000 ft$45.00 1001 -2000 ft$75.00 2001 -3000 ft$100.00 Over 3001 ft$125.00 (plus$25 for each additional 200 ft or part thereof over 3001 ft) Sewer 0-60 ft$10.00 61 - 150 ft$20.00 151 -300 ft$35.00 301 -500 ft$50.00 501 -750 ft$70.00 751 - 1,000 ft$110.00 >1,000 ft$125.00(plus$25.00 for each additional 150 ft) IRRIGATION/BACKFLOW PREVENTION DEVICE PERMIT $50.00 for issuing permit plus: $50.00 for residential one&two family dwellings irrigation system $100.00 for commercial irrigation system $20.00 for each backflow preventer 2"or less $25.00 for each backflow preventer greater than 2" No plan review fee for one&two family dwellings MEDICAL GAS PERMITS (oxygen-02; nitrous oxide-N20; medical compress air-MedAir;Nitrogen-N2; vacuum-Vac; carbon dioxide-CO2;helium-He) $50.00 for issuing the permit $25.00 for Med Gas piping(up to 5 openings) $ 5.00 for each additional Med Gas opening Reclaim Water Line Openings Inspection $50.00 for issuing the permit $40.00 for reclaim water piping(up to 5 openings) $5.00 for each additional opening. HVAC MECHANICAL PERMIT $50.00 for issuing the permit plus: $12.00 for each heating or cooling unit for new construction $25.00 for each replacement heating or cooling unit $ 7.00 for each duct outlet $25.00 for each refrigeration unit(commercial) $25.00 for each exhaust hood,make up air, or exhaust duct(commercial) 7 ELECTRICAL/SECURITY SYSTEM PERMIT $50.00 for issuing permit plus: $ .60 for each switch,jack,plug,data connection,receptacle,sensor and light fixture $5.00 for each 220v appliance outlet or disconnect $7.00 for each furnace or AIC unit(evaporator/condenser coils,etc.) $12.50 for each meter loop(temporary/permanent) $12.50 for each main panel or sub panel $15.00 for each motor load of 1 hp&larger(commercial) $20.00 for each lighted sign $25.00 for each security system(flat fee) New Residential Electrical Permit will be a flat fee based on the following: $200.00 up to 1500 square foot $226.00 1501 —2000 square foot $252.00 2001 —2500 Square foot $278.00 2501 —3000 square foot $304.00 3001 —3500 square foot $330.00 3501 —4000 square foot $356.00 4001 -4500 square foot $382.00 4501 —5000 square foot Over 5000 square foot$382.00 plus$26.00 for each additional 500 square foot or portion thereof. For all work not specified above the permit will be$50.00 to issue the permit plus the multiplier of 0.0039 times the value of the contract(manufacturing/industrial/or other equipment,major distribution equipment, etc.) Plus Y2 of the total permit for plan review when applicable. Note: The permit for Security Systems is for the installation of the system. Any additional permitting and registration with the Police Department or other city departments must also be accomplished and their permit/registrations cost will be separate. FIRE SPRINKLER PERMIT $50.00 for issuing the permit plus $20.00 for fire pump $35.00 for fire sprinkler system $25.00 for fixed suppression systems $0.60 per fire sprinkler head $20.00 for each backflow preventer 2"or less $25.00 for each backflow preventer greater than 2" For all work not specified above the permit will be$50.00 to issue the permit plus the multiplier of 0.0039 times the value of the contract Plus 100%of the total permit for fire sprinkler systems plan review 8 FIRE ALARM PERMIT $50.00 for issuing the permit plus $ .50 for each switch,jack,data connection,device,sensor,relay,module, etc $4.00 for each 220v appliance outlet or disconnect $10.00 for each main panel or sub panel $10.00 for each motor load of 1 hp&larger For all work not specified above the permit will be$50.00 to issue the permit plus the multiplier of 0.0039 times the value of the contract Plus '/2 of the total permit for plan review. Note: The permit for Fire Alarm Systems is for the installation of the system. Any additional permitting and registration with the Fire Department or other city departments must also be accomplished and their permit/registrations cost will be separate. FENCE PERMIT Single family residence $50.00 flat fee. Commercial$50.00 to issue the permit plus the multiplier of 0.0039 times the value of the contract. SWIMMING POOL PERMIT $50.00 for issuing the permit plus a multiplier of.0039 time the value of the total pool. (A plan is required) MOVING PERMIT $200.00 for the moving of any building or structure. MANUFACTURED HOMES/MOBILE HOME PLACEMENT APPLICATION $100.00 for placement of home to include stairs and decks.Additional permits for utility hook ups is required. DEMOLITION PERMIT $85.00—Single Family dwellings including detached auxiliary structures(residential in nature) $100.00—Other than single family dwellings, for the first(1s`)unit and$10.00 per unit for each additional multi-family unit. $100.00—Commercial single story $200.00—commercial two&three story $300.00—commercial over three story Note: If the city determines that a structure/building is unsafe,dangerous,or abandoned and the owner cannot be located,or refuses to comply,or the city deems the situation to be emanate danger,the city will take appropriate measures for safety including total demolition(this may be contracted out)and the city will charge the owner or place a lien on the property for the cost of the permit plus the cost of the work/ demolition,any violation fees, legal fees,and any administrative fees incurred as applicable. 9 PORTABLE STORAGE UNIT PERMIT $75.00 for up to 90 days. If an extension is needed, it will be on a case by case basis and will require a new permit. Exception: Storage units used for moving and kept on site for no more than 14 days shall not require a permit. SIGN PERMIT Illuminated Signs $115.00 Non-Illuminating Signs $75.00 Replacement Sign onto same mounts $50.00 Banner or Temporary Signs $50.00 each Flagpoles $50.00 each Billboards $500.00 each Message/Face change $100.00 per side of billboard MISCELLANEOUS PERMIT $75.00(flat fee) for pre-assembled sheds. (portable sheds less than 64 square feet do not require a permit) All other miscellaneous items to include but not limited to site built sheds, decks,concrete slabs,pergola, covered patios, etc shall be based on the building permit fee schedule. PERMIT RENEWAL 100%of the original permit fee As an example,this would be applicable for temporary permits that expire and are renewed/extended. Normally,a plan review would only be charged if there were changes to the original description of work. CONTRACTOR/COMPANY REGISTRATION FEE $75.00 Registrations expiration and insurance requirements are reflected in this ordinance in Section III. Note: All contractors must hold the appropriate license or equivalent required /issued by the State of Texas. A copy of these documents must be presented at the time of registration with the city. REINSPECTION FEE $75.00 for each failure—per trade. PERMITS ISSUED IN THE CITY'S ETJ 200%the standard fee for work within the city limits (This type of fee would apply to Site Development,water, sewer etc.) STARTING WORK BEFORE A PERMIT HAS BEEN ISSUED 2.5%(250%)times the fee of the total original permit fee(to include the permit fee and plan review fee). 10 ANY PERMITS NOT REFLECTED OR RELATED TO THE ABOVE SCHEDULE $50.00 for issuing the permit. Plus a factor of 0.0039 times the value of the permit REFUNDS Building and trade permit refunds will be minus the plan review fee.No refunds will be given if any work has begun. Refunds for permits that do not require a plan review will be subject to a$25.00 Administrative fee. 11