Ord 098-2001 10/2/2001ORDINANCE NO. gq-),C01
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AMENDING CHAPTER 22 OF THE CODE OF
ORDINANCES TO PROVIDE FOR CERTAIN CHANGES IN
REGULATIONS FOR THE LICENSING AND BONDING OF
CONTRACTORS; DECLARING AN EMERGENCY; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the performance of building activities directly affects the health,
safety and welfare of the citizens of Wichita Falls; and
WHEREAS, licensing and regulating building contractors is beneficial to the
citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Chapter 22 of the Wichita Falls Code of Ordinances, Buildings and
Building Regulations, is hereby amended at Article II, Building Codes, Section 22 -27, at
Section 104.5.1 to read as follows:
"Section 104.5.1 Building Contractor Licensing is amended to read as follows:
No building permit shall be issued to any building contractor (as defined by
section 104.5.2.) 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.
All applicants for a building contractor license shall successfully complete
a standardized examination prepared by SBCCI or their successor. Building contractors
who are licensed on October 2, 2001 shall be exempt from the testing requirement
unless their license is not renewed within thirty (30) days, or is revoked by the building
official.
(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
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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 to be issued to a
homeowner who occupies the property as his 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.
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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.
Air Conditioning and Refrigeration Maintenance Work does not include the
installation of a total replacement of the system, any new system or the installation or
repair of boilers or pressure vessels that must be installed pursuant to the rules and
regulations of Chapter 755 of the HEALTH AND SAFETY CODE. Such Air Conditioning and
Refrigeration Maintenance Worker shall not engage in air conditioning or refrigeration
work for the general public.
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.
Q) 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;
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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. Chapter 22 of the Wichita Falls Code of Ordinances, Buildings and
Building Regulations, is hereby amended at Article II, Building Codes, Section 22 -27, at
Section 104.5.2 to read as follows:
"Section 104.5.2. Bond and Insurance Requirements is amended to read as
follows:
Any person or persons, firm, corporation or association required to be licensed
per section 104.5.1 and seeking to acquire any permit for the type of work identified
below shall first furnish the building official with a compliance bond in the following
amounts:
Contractor
Bond
General Liability Insurance
Roofing contractor
$25,000
$100,000
Siding contractor
25,000
100,000
Residential
50,000
300,000
Residential /commercial
remodel /renovation under
$50,000
25,000
100,000
General contractor
100,000
500,000
Sign contractor
100,000
Paving contractor
100,000
Paving /street
100,000
House movers
100,000
Demolition contractor
100,000
Excavation
100,000
Irrigators
100,000
Definitions:
1. Contractor: Any person or entity who undertakes to, attempts to, or
submits a price or bid or offers to construct, supervise, superintend, oversee, schedule,
direct, or in any manner assume charge of the construction, alteration, repair,
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improvement, movement, demolition, putting up, tearing down, or furnishing labor to
install material or equipment for any building, highway, road, railroad, sewer, grading,
excavation, pipeline, public utility, structure, project development, housing, housing
development, improvement, or any other construction undertaking. "Contractor"
includes, but is not limited to, prime contractor, electrical contractor, construction
manager of any kind whatsoever, including, but not limited to, residential construction
manager, construction consultant, architect, and /or engineer who conducts or provides
any activity or service described herein other than normal architectural or engineering
services.
2. Residential Contractor: Contractor authorized to do residential home
building and remodeling.
3. Paving Contractor: Contractor authorized to pave sidewalks and /or
approaches in public right -of -way.
4. Paving /Streets Contractor: Contractor authorized to do street work.
5. Excavation Contractor: Contractor authorized to perform excavations in
public right -of -way.
6. General Contractor: Contractor authorized to do commercial construction
and residential construction.
7. Owner: Any person or entity who possesses legal title to the property or
such person or entity who may be the operator or manager of the property by written
authorization of the owner.
8. Maintenance Work: Repair work and all other work required for the
continued normal performance of any commercial property.
9. Maintenance Worker: A regular bona fide employee of an Owner, as
opposed to an independent contractor, who performs Maintenance Work.
All compliance bonds shall be issued by a surety agency authorized to do
business in the State of Texas. Bond issuance is further conditioned upon compliance
with all provisions of the building code and other applicable ordinances and regulations
of the City of Wichita Falls by the principal, his agents and employees. All sureties on
said bond shall be liable for breach thereof to the City of Wichita Falls; to the owner of
the property upon which work is performed; to any person, firm or corporation with
whom the principal has contracted either orally or in writing to perform building
construction, alteration, repair or other work; and to any person who may be damaged
or injured by the principal's failure to comply with the regulations, ordinances and
building code of the City of Wichita Falls. A claim upon said bond may be made by any
person damaged by reason of the principal's failure to perform his obligation under the
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ordinances, building code and regulations of the City of Wichita Falls. Suspension or
revocation of any license or permit shall not limit the liability of either the principal or the
surety on any such bond.
The comprehensive general liability insurance required shall be per occurrence,
including coverage for bodily injury and property damage, with products liability and
completed operations coverage. The insurance coverage shall include a provision that
in the event such coverage is canceled or reduced, the insurance carrier shall notify the
building official at least ten days prior to such cancellation or reduction in coverage.
Prior to issuance of any such permit, such applicant shall furnish the building
official with a certificate of insurance evidencing the required insurance coverage.
Any applicant's permit shall be automatically suspended during any period in
which the applicant fails to maintain in effect the required bond or insurance.
Prior to issuance of any type of permit required under this chapter, the building
official shall require that homeowners show proof of ownership and /or residency.
Documents of proof may include but are not limited to the following: current driver's
license, property deeds, tax statements, or utility statements.
Work Exempted from Permit Requirements.
1. Electrical work involving the repair or replacement of existing electrical
apparatus, existing lighting fixtures and existing plugs and switches.
2. Plumbing work involving the stopping of leaks in drains, water, soil, waste
or vent pipes; provided, however, that if any concealed trap, drainpipe, water, soil,
waste or vent pipe needs to be removed and replaced with new material, such work
shall be considered as new work, and a permit shall be obtained, and inspection made,
to ensure code compliance.
3. 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 rearrangement of valves, pipes or fixtures.
4. Mechanical work involving the following activities:
(a) Portable heating appliances
(b) Portable ventilation appliances
(c) Portable cooling unit
(d) Steam, hot or chilled water piping within any heating or
cooling equipment
(e) Replacement of any minor part that does not alter approval
of equipment or to make such equipment unsafe.
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5. Gas work involving any portable heating, cooking or clothes -drying
appliances.
6. Building work involving the following activities:
(a) Repair of damaged sheet rock. This does not include
areas of required means of egress, rated walls or removal
of sheet rock due to damage from water, mold problems,
fire or termite damage.
(b) Replacement of any existing door, door casing and door
hardware.
(c) Replacement of windows as long as the framing is not
changed and is in sound condition.
(d) Repair of damaged siding, fascia or soffit as long as the
area does not exceed 1/10 of the building's siding. (This
area is calculated on area of same.) This does not include
damage caused by water, mold, fire or termites.
(e) Repair of torn shingles or patching when no tear -off is
required. (This does not include overlay.)
(f) Any cabinets, counter tops and similar finish work.
(g) Painting, carpeting, and similar cosmetic work.
(h) Swings and other playground equipment accessory to a
one- or two- family dwelling.
(i) Sidewalks and drives not more than 30 inches above
adjacent grade and not over any basement or story below."
SECTION 3. This ordinance is declared to be an emergency measure and shall
become effective immediately upon its passage.
SECTION 4. It is hereby 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 2nd day of October 2001.
ATTEST:
&JI/I
City C erk
•
•
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA 1419618
On this 19th day of November 2001 A.D appeared before me,
the undersigned authority, Saundra Barnett, bookkeeper for the Times Publishing
ORDINANCE NO. • ipany of Wichita Falls, publishers of the Wichita Falls Times/Record News, a
O R D I5N Al NCE spaper published at Wichita Falls in Wichita County, Texas, and upon being
AMENDING SEC-
TION 5905 OF AP- sworn by me, on oath states that the attached advertisement is a true and
PENDIX B ,
ZONING ORDI-
NANCE,OF THE ct copy of advertising published in one ( 1 ) issues thereof on the following
CODE OF ORDI-
NANCES, AND D 3: November 18th,2001.
N
VARIOUS OTHER
SECTIONS AS
EACH PERTAINS
TO THE REGULA-
TION OF COIN-OP-
ER A T E D
AMUSEMENT MA-
CHINES.
ORDINANCE NO.
96-2001u/
ORDINANCE
AMENDING AP- Saundra Barnett
PENDIX B,ZON-
ING ORDINANCE Bookkeeper for the Times Publishing
SECTION 5600 RE-
GARDING RECRE- Company of Wichita Falls
ATIONAL
VEHICLE PARKS
AND RELATED
DEFINITIONS
THEREIN; RETI-
TLING CHAPTER
82,ARTICLE VI OF
THE CODE OF OR-
DINANCES. ) Subscribed and sworn to before me this the day and year first above written:
ORDINANCE NO.
98-2001
ORDINANCE OF
THE CITY COIN-
CIL OF THE CITY
OF WICHITA I t,
FALLS, TEXAS,
AMENDING CHAP- S.
TER 22 OF THE F �s
CODE OF ORDI- .pO•, .2 •
NANCES TO PRO-
VIDE FOR
CERTAIN CHANG-
ES IN REGULA-
TIONS FOR THE s
LICENSING AND 1
BONDING OF CON-
TRACTORS;DE- eels
CLARING AN .•'
EMERGENCY. •
ORDINANCE NO. OR
100-2001 %
ORDINANCE.RE-
VISING CHAPTER
90 SOLID WASTE
TO REFLECT THE
CONVERSION OF
MANUAL CURB-
SIDE SERVICE TO
AUTOMATED CON-
TAINER SERVICE
ORDINANCE NO.
101-2001
ORDINANCE SET-
TING T H E
CHARGE FO'R 10
CUBIC YARD
ROLL-OFF CON-
TAINER REFUSE
SERVICE