Ord 104-2002 12/17/2002 ORDINANCE NO. 1 (7� -�QO
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING PART II OF THE CODE OF ORDINANCES
AT CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, AT
ARTICLE II, BUILDING CODES; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Construction Board of Adjustment and Appeals has determined
that amendments to Section 22, Buildings and Building Regulations of the Wichita Falls
Code of Ordinances, are necessary to advance public purposes relating to safety, the
quality of life, appearance, and function of the City; and
WHEREAS, the Construction Board of Adjustment and Appeals recommends
removing the requirement for testing for a commercial contractor's license. as amended
herein; and
WHEREAS, the City Council concurs with such adoption.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Part II of the Code of Ordinances, at Chapter 22, Buildings and
Building Regulations, Article II, Building Codes, Section 105.1 is amended in its entirety
to read as follows:
Sec. 105. Building Contractor Licensing
105.1 No building permit shall be issued to any building contractor (as defined by
section 105.1.2.) or person for work to be performed pursuant to a building permit
unless such building contractor or person is registered with the building official of the
City in accordance with the following provisions:
(a) Licensing as a building contractor shall be made upon forms
provided by the building official of the city, and all information
requested shall be submitted by the applicant.
(b) Licenses must be renewed annually in order to acquire building
permits or continue work on currently issued building permits.
(c) Failure to keep proper and valid bond or insurance in force will
result in termination of a license and invalidate any active building
permits issued to the building contractor or person. Should such
bond or insurance expire, all fees, including all permit fees, must be
paid again upon renewal of licensing.
(d) Licenses may be revoked or rejected by the building official for the
following reasons:
1. Failure to obtain and keep in effect required bond or
insurance;
2. Failure to fully complete the license form;
3. Failure to pay any required fees;
4. Refusal to correct any code violation after notice; or
5. Continuous or repeated violations of the Code of Ordinances
of the city.
(e) No license shall be required for a building permit for a residential
structure to be issued to a homeowner who occupies the property
as his permanent residence or is constructing a new permanent
residence and acts as the general contractor for the work
performed. This provision can only be used once every two years
unless the permit is issued on the same residence. Any
subcontractor who performs work on said residence must meet all
city and state licensing requirements.
(f) Volunteers, unpaid contractors, shall be exempt from licensing
requirements.
(g) The annual license fee shall be $50.00.
(h) No permit shall be issued for commercial construction unless the
applicant is licensed as a general contractor, or is otherwise
exempted under this section.
(i) An Owner or Maintenance Worker as defined in section 104.5.2
shall be exempt from the licensing requirements of this section if
the work to be performed is listed below. The work may be required
to be permitted.
1. Electrical Maintenance Work: includes the repair,
maintenance and replacement of existing electrical
apparatus, existing lighting fixtures, and existing plugs and
switches.
Electrical Maintenance Work does not include changing of
electrical service and the installation of new breaker panels
or wiring. Any person who erects, builds or installs electrical
not already in existence may not be classified as an
Electrical Maintenance Worker. Such maintenance person
shall not engage in electrical work for the general public.
2. Plumbing Maintenance Work: includes the repair,
maintenance and replacement of existing potable water
piping, existing sanitary waste and vent piping, existing
plumbing fixtures, and existing electrical water heaters.
Plumbing Maintenance Work does not include cutting into
fuel gas plumbing systems and the installation of gas-fueled
water heaters. A person who erects, builds, or installs
plumbing not already in existence may not be classified as a
Plumbing Maintenance Worker. Such maintenance person
shall not engage in plumbing work for the general public.
3. Air Conditioning and Refrigeration Maintenance Work:
includes any work required for the continued normal
performance of an environmental air conditioning system,
commercial refrigeration system or equipment, or process
cooling or heating system.
4. Building Maintenance Work: construction maintenance work
that includes the repair, maintenance and replacement of
sheet rock, doors, siding, and windows of any existing
building.
Building Maintenance Work does not include any new
construction or structural change of an existing building, or
repair of any load-bearing or structural element of any
building. Such Building Maintenance Worker shall not
engage in construction work for the general public.
(j) No license shall be required for a building permit to be issued to a
non-occupied owner of a one- or two-family dwelling unit for work
on an accessory building. An accessory building includes carports,
outbuildings and other similar structures, which do not include any
livable area.
(k) Any building contractor or person whose license has been revoked
or rejected by the building official may appeal to the construction
board of adjustment and appeals as follows:
1. Written notice of the appeal must be made to the board
within ten calendar days of the date on which the building
official rendered his decision;
2. The board shall hear the appeal within 30 calendar days
from the notice of appeal filed by the contractor. During the
pendency of the appeal, contractor shall not perform any
additional work without the approval of the building official;
3. The decision of the board on any appeal taken under this
section shall be final and binding.
SECTION 2. It is the intention of the City Council of the City of Wichita Falls,
Texas, that the provisions of this ordinance shall become a part of the Code of
Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may
be renumbered or relettered to accomplish such intention.
SECTION 3. That all ordinances or parts of ordinances in conflict herewith is
hereby repealed.
SECTION 4. That should any word, phrase, paragraph, section or portion of this
ordinance or the Code of Ordinances, as amended hereby, be held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full
force and effect.
SECTION 5. It is officially found and determined that the meeting at which this
ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 17th day of December, 2002.
I n l 1
MAYOR
ATTEST:
" l1
City Clerk
I,
Affidavit of Publication
THE STATE OF TEXAS #1615035
COUNTY OF WICHITA
On this 31st day of December, 2002 AD...
ORDINANCE
104-2002 Personally appeared before me, the undersigned authority
ORDINANCE OF THE Y PP
CITY COUNCIL A
CITY OF WICHITA Kathy Salan bookkeeper for the Times Publishing Company
TTA
FALLS, TEXAS,
AMENDING PART II OF
of Wichita Falls, publishers of the Wichita Falls Times/Record
THE CODE OF ORDI-
NANCES AT CHAPTER News, a newspaper published at Wichita Falls in Wichita
22, BUILDINGS AND
BUILDING R E G U L A-
TIONS,AT ARTICLE II, County, Texas, and upon being duly sworn by me, on oath
eU"°'NGCODES. states that the attached advertisement is a true and correct
copy of advertising published in One (1) issues thereof on the
following dates:
December 29, 2002
46610,/ AzA.,_
Bookkeeper for Times Publishi Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
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