ORD 751 06/27/2006 ORDINANCE NO. 7 51
STANDARDS FOR THE REGISTRATION OF CONTRACTOR'S
AN ORDINANCE PROVIDING STANDARDS FOR THE REGISTRATION OF
CONTRACTOR'S. WORKING WITHIN THE INCORPORATED CITY LIMITS,
AND ESTABLISHING REQUIREMENTS FOR THE REGISTRATION AND
BONDING OF CONTRACTORS, AND AUTHORIZING THE ISSUANCE OF
PERMITS TO ANY COMPANY, CORPORATION, FIRM, OR PERSONS WHO
ALTERS, CONSTRUCTS, OR EXPANDS ON ANY STRUCTURE 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. 645 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 SAVINGS 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 with the City
limits 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.
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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
meanings ascribed to them in this Section, except where the context 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, and in
the business of accepting orders on contracts, for doing work on or in any building or
structure or as defmed by the Texas Residential Construction Commission Act. General
contractors perform work and employ sub-contractors.
B. Contractor Limited. The term "contractor-limited" shall mean a person not a general
contractor who is engaged in the business of accepting orders on contracts or cost plus,
fixed fee, stated sum,percentage or any combination thereof or any compensation other than
wages for doing work on or around any structure on another person's property. A contractor-
limited operating under his license shall be limited to that licensed specialty for which he
applies. A contractor-limited license is considered applicable to such crafts as roofmg, fence
construction, air conditioning or heating, electrical, plumbing, irrigation, swimming pools,
and other specialty crafts. All other provisions of this article not in conflict with the contents
of this section shall apply equally to a contractor-limited. Limited contractors perform work
and do not employ sub-contractors.
1. Air Conditioning. As defined by the Air Conditioning and Refrigeration Contractor
License Law.
2. Electricians. As defined by the Texas Electrical Safety and Licensing Act.
3. Irrigators. As defmed by Chapter 34 of the Texas Water Code
4. Plumbers. As defmed by The Plumbing License Law
5. Private Sewage/Septic System Installers. As defmed by TAC 30, Part I, Chapter
30
6. Water Softener/Water Purification Installers. As defmed by TAC 30, Part I,
Chapter 30
7. Work Performed by Owner. Shall mean any work, improvements, or repairs done
solely by the owner on property owned or occupied as their homestead.
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SECTION II ISSUING PERMITS
Permits will only be issued if the contractors registration, insurance, and bond (where applicable) are
currently up to date and there are no out standing 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 therefor from the building official. The
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 on December 31 of each year.
A. Contractors General.
1. Registration Requirements. The contractor must complete a registration form&hold
the appropriate license or registration 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 and provide a$5,000.00 permit or license bond. Contractors
not required to hold specific insurance by the State are required to obtain liability
insurance for $1,000,000.00 and a $5,000.00 permit or license bond unless
specifically exempted by law.
B. Contractors Limited.
1. Registration Requirements. The contractor must complete a registration form&hold
the appropriate license or registration 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 and provide a$5,000.00 permit or license bond. Contractors
not required to hold specific insurance by the State are required to obtain liability
insurance for$300,000.00 and a$5,000.00 permit or license bond unless specifically
exempted by law.
C. Work Performed by Owner.
1. Registration&insurance not required.
2. Work shall be preformed 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.
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SECTION 5.
REPEAL
That Ordinance No. 645 of Cibolo entitled Standards for the Registration of Contractors is hereby
repealed.
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 provision shall apply.
SECTION 7.
SAVINGS 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 and effective immediately upon the passage and
approval of the City Council of the City of Cibolo,Texas
AND IT Is SO ORDAINED.
PASSED AND APPROVED by a vote of 5 for to D against this 2 7 day of ,2006.
/ APPy`D.
/>
Jo ,,.'y Sutton,Mayor
ATTEST:
-e-y 9v!
Peggy Cimics,City Secretary
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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.
Note: For Permit Applications including building and all trades, etc. There will be a plan review fee of
1/2 the Permit fee unless otherwise stated. The plan review fee for Site Development shall be governed
by the zoning ordinance.
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.
For Commercial, Industrial,Business, and Public buildings the fee will be based on the greater amount of
either the value or$100.00 per square foot, and the plan review will be 1/2 the permit fee.
For Residential and all others permit fees will be based on the greater amount of either the value or
$70.00 per square foot for residential building permits, and the plan review will be 1/2 of the permit fee.
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/cost.
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. Any changes that decrease the original contract value 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.
Plus '/2 the total permit for plan review
FENCE PERMIT
$25.00 for issuing the permit plus
$10.00 per thousand or fraction thereof of the value
1/2 the amount of the permit for plan review will only apply to values over$5,000.00.
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SWIMMING POOL PERMIT
$40.00 for issuing the permit
Plus a multiplier of.0039 times the value of the total pool.
Plus '/2 the total permit for plan review.
BUILDING PERMIT FEE SCHEDULE
Valuation Permit Fee Schedule
$1 to $500 $25
$501 to$2,000 $25 for the first$500,plus$5 for each additional$100
or fraction thereof,to and including$2,000.
$2001 to$40,000 $100 for the first$2000,plus$11 for each additional
$1,000 or fraction thereof,to and including$40,000.
$40,001 to$100,000 $518 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 $1,058 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 $1,858 for the first$200,000,plus$7 for each additional
$1,000 or fraction thereof,to and including$300,000.
$301,000 to$500,000 $2,558 for the first$300,000,plus$6 for each additional
$1,000 or fraction thereof,to and including$500,000.
$501,000 to$1,000,000 $3,758 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 $6,258 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 $18,258 for the first$5,000,000,plus$2 for each additional
$1,000 or fraction thereof.
Plus 1/2 the permit fee for plan review
PLUMBING PERMIT
40.00 For issuing permit plus:
$ 3.50 for each fixture(i.e.bathtub, sink, lavatory, shower, outside hose bibs, etc.).
Note: bathtub with shower is counted as two fixtures,double sinks count as two
fixtures, etc.)
$10.00 for each water heater or water treatment equipment(i.e.water softener)
$10.00 for each sewer yard line, each water yard line,or supply piping
$25.00 for gas piping
$ 5.00 for each gas outlet
$25.00 for gas test
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$35.00'for each-lint, grease or other type of interceptor
For all commercial/industrial plumping permits,the permit will be$40.00 for
issuing plus a multiplier of 0.039 times the total contract value.
Plus 1/2 of the total permit for plan review
BACKFLOW PREVENTION DEVICE PERMIT
$40.00 for issuing permit plus:
$25.00 for lawn sprinkler system
$35.00 for fire sprinkler system
$ .60 for each fire sprinkler head
$15.00 for each backflow preventer 2"or less
$20.00 for each backflow preventer greater than 2"
For all work not specified above, the permit will be $40.00 to issue permit plus.a multiplier of
0.039 times the value of the contract.
Plus 1/2 of the total permit for lawn sprinkler system plan review
Plus 100%of the total permit for fire sprinkler systems plan review
HVAC MECHANICAL PERMIT
$50.00 for issuing permit plus:
$10.00 for each heating, or cooling unit
$ 5.00 for each duct outlet
$20.00 for each refrigeration unit(commercial)
$20.00 for each exhaust hood,make up air,or exhaust duct(commercial)
Plus 1/2 of total permit for plan review
ELECTRICAL/FIRE ALARM/SECURITY SYSTEMS PERMIT
$40.00 for issuing permit plus:
$ .50 for each switch,jack,plug, data connection,receptacle, and light fixture
$ 4.00 for each 220v appliance outlet or disconnect
$ 7.00 for each furnace or A/C unit(evaporator/condenser coils, etc.)
$10.00 for each meter loop(Temporary/Permanent)
$10.00 for each main panel or sub-panel
$10.00 for each motor load of 1 hp&larger(commercial)
$20.00 for each lighted sign
For all work not specified above the permit will $40.00 to issue permit plus multiplier of 0.039
times the value of the contract (i.e. fire alarm systems, heavy / manufacturing / industrial / or
other equipment,major distribution equipment, security systems, etc).
Note: The permit for Security Systems or Fire Alarm 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/registration cost will be separate.
Plus 1/2 of the total permit for plan review
MOVING PERMIT FEE
$200.00 for moving of any building or structure
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DEMOLITION PERMIT FEE
$200.00—Single Family dwellings including detached auxiliary structures(residential use in nature).
$200.00—Other than Single Family dwellings,for the 1"unit and$10.00 per unit for each additional
multi-family unit.
$300.00—Commercial and all other than 1 —2 Family dwellings and Multifamily buildings plus ten cents
($ .10)per square foot.
Plus any additional professional, staff, or other cost will be in addition to the basic permit fee.
Note: If the City determines that a structure/building is unsafe, dangerous, or abandoned the 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 an administrative fees incurred as
applicable.
PERMIT RENEWAL FEE
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 REGISTRATION:
$65.00 per registration
Registrations expires annually on December 31St. Insurance and Bond requirements are reflected in this
ordinance reference Section III.
Note: All contractors must hold the appropriate license or registration required by/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 CITIES 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).
ANY PERMITS NOT REFLECTED OR RELATED TO THE ABOVE SCHEDULE
$40.00 for issuing the permit. Plus a factor of.039 times the value of the permit, and 1/2 the permit fee for
plan reviews.
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