HomeMy Public PortalAboutOrdinance No. 1151-09 08-11-2009 ORDINANCE NO. 1151-09
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS REVISING
SECTION 14-35 OF THE CITY CODE TO EXEMPT CERTAIN
CONTRACTORS FROM FEE FOR REGISTRATION REQUIREMENT TO
CONFORM TO NEW STATE LAW AND TO REVISE SUCH PROVISION
TO CLARIFY RELEVANT REQUIREMENTS AND PROCEDURES; AND
AMENDING THE FEE SCHEDULE FOR VARIOUS PERMITS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; PROVIDING
FOR PUBLICATION IN PAMPHLET FORM; PROVIDING A PENALTY
FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the City Council for the City of Richland Hills, Texas, deems it advisable and
necessary to revise the fee schedule for various licensing and permit requirements in order to better
reflect the actual administrative expenses incurred by the City in providing such service; and
WHEREAS, the Texas Legislature recently amended the Texas Occupations Code to prohibit
cities from requiring registration or licensing ofplumbers, who are already licensed by the state; and
WHEREAS, the City currently requires the registration ofplumbers and other contractors
licensed by the state; and
WHEREAS, the City Council now wishes to amend Section 14-35 of the City Code to delete
such registration requirement for contractors who are licensed by the state in order to comply with
the new provision of the Occupations Code and to revise the procedural provisions to clarify the
relevant procedural requirements;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
RICHLAND HILLS, TEXAS:
SECTION 1.
DELETION OF SECTION 14-35 REGARDING CONTRACTOR REGISTRATION
That Section 14-35 of the City Code is hereby amended to now provide as follows:
"Sec. 14-35. Contractor Registration.
(a) As a prerequisite to obtaining permits as required by the building code, any
person or firm operating under the provisions of this code within the city
shall register with the Director of Planning and Community Development or
the Director's designee as a contractor and shall pay an annual fee unless
otherwise exempted by state law from such fee requirement, as set forth in
Appendix A of the Richland Hills City Code, which shall be valid for one
year from the date of issuance.
(b) Each such contractor shall maintain this registration with the city until the
completion of work being performed under such permit. Each contractor
shall furnish the Director of Planning and Community Development or the
Director's designee with a written notice of contractor's permanent business
and residential address, telephone numbers and drivers license number.
Registration under this section may not be assigned or transferred. In
extending the rights and privileges of such registration, the city makes no
statement or representation regarding the technical competency of those so
registered and no manner of license is proffered.
(c) Every contractor subject to this section shall carry general commercial
liability insurance issued by an insurance company authorized to do business
in Texas in amounts not less than $300,000.00 for each occurrence for
personal injury or death, and not less than $100,000.00 for each occurrence
for property damage, unless lower limits are mandated by state law, in which
case such lower limits shall apply. Each such policy shall provide for
coverage regardless of whether the claim arises in negligence or on a
contract. The contractor shall present proof of insurance at the time of
registration.
(d) The term "contractor" shall be defined as any person or firm performing
work for which a permit is required, provided, however, that homeowners
performing work on their own place of residence or homestead in accordance
with state statutes and local regulations shall be exempt from contractor
registration fees.
(e) The registration maybe renewed for the ensuing year by the filing of a new
registration and the payment of a renewal fee as set for herein. No refund
will be paid in the event of the revocation or surrender of any such certificate
of license.
(f) The Director of Planning and Community Development may revoke a
registration issued under this section for any violation of any part of this code
or violation of other city ordinances or for any other act deemed a detriment
to the city or citizens. A contractors whose registration is revoked shall have
the right to appeal such action to the Building Board of Appeals, and such
appeal shall be governed by the procedure provided for appeals to such
Board."
AMENDMENT OF REGULATIONS RELATING TO CONTRACTORS AND FEE SCHEDULE Page 2
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SECTION 2.
AMENDMENT OF FEE SCHEDULE
For services rendered, the following fees are hereby adopted and shall amend Appendix A
of the Richland Hills City Code as reflected in Exhibit A attached.
SECTION 3.
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of this
ordinance are indirect conflict with the provisions of such ordinances and such Code, in which event
the conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 4.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this ordinance
of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
PUBLICATION
The City Secretary of the City of Richland Hills is hereby directed to publish this ordinance
to the extent required by law.
SECTION 6.
PUBLICATION IN BOOK OR PAMPHLET FORM
The City Secretary of the City of Richland Hills is hereby authorized to publish this
ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among
the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so
published shall be admissible in evidence in all courts without further proof than the production
thereof.
AMENDMENT OF REGULATIONS RELATING TO CONTRACTORS AND FEE SCHEDULE Page 3
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SECTION 7.
PENALTY FOR VIOLATION
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more
than Five Hundred Dollars ($500.00) for all violations of this Ordinance. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 8.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 11 DAY OF Aug , 2009.
HONORABLE DA I . RAGAN, MAYOR
ATTEST:
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IND CANTU, TRMC, CITY SECRETARY c!~
EFFECTIVE AT August 11, 2009 _v ~ rn=
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AP ROV AS;TO FORMA LEGALITY:
TIM G. SRALLA, CITY ATTORNEY
AMENDMENT OF REGULATIONS RELATING TO CONTRACTORS AND FEE SCHEDULE Page 4
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CHAPTER 14. Buildings and Building Regulations
Buildin Permit Fees
General Contractor Re istration $100.00
TOtal Valuation Of Construction -shall comply with the provisions
set forth in Section 108.3 (Building permit valuations) of the 2006 International Fee
Buildin Code.
$1.00 to $500.00 $30.00
$501.00 to $2,000.00 $30.00 for the first $500.00, plus $4.00 for each additional
$100.00, or fraction thereof, u to and includin $2,000.00
$2,001.00 to $25,000.00 $90.00 for the first $2,000.00, plus $18.00 for each
additional $1,000.00, or fraction thereof, up to and including
$25,000.00
$25,001.00 to $50,000.00 $509.00 for the first $25,000.00, plus $13.00 for each
additional $1,000.00, or fraction thereof, up to and including
$50,000.00
$50,001.00 to $100,000.00 $837.00 for the first $50,000.00, plus $9.00 for each
additional $1,000.00, or fraction thereof, up to and including
$100,000.00
$100,001.00 to $500,000.00 $1,292.00 for the first $100,000.00, plus $7.00 for each
additional $1,000.00, or fraction thereof, up to and including
$500,000.00
$500,001.00 to $1,000,000.00 $4,204.00 for the first $500,000.00, plus $6.00 for each
additional $1,000.00, or fraction thereof, up to and including
$1,000,000.00
Greater than $1,000,001.00 $7,290.00 for the first $1,000,000.00 plus $5.00 for each
additional $1,000.00, or fraction thereof
Mechanical, Electrical, and Plumbin Permits
Contractor Re istration (including irrigation contractors) $100.00
Total Valuation of Construction - snau comply with the
provisions set forth in Section 108.3 (Building permit valuations) of the Fee
2006 International Buildin Code.
$1.00 to $500.00 $30.00
$501.00 to $2,000.00 $30.00 for the first $500.00, plus $3.05 for each additional
$100.00, or fraction thereof, u to and includin $2,000.00
$2,001.00 to $25,000.00 $69.25 for the first $2,000.000, plus $14.00 for each additional
$],000.00, or fraction thereof, u to and includin $25,000.00
$25,001.00 to $50,000.00 $391.25 for the first $25,000.00, plus $10.10 for each additional
$1,000.00, or fraction thereof, u to and includin $50,000.00
$50,001.00 to $100,000.00 $643.75 for the first $50,000.00, plus $7.00 for each additional
$1,000.00, or fraction thereof, u to and includin $1,000,000.00
Other Buildin Permits and Fees
Accessory Structures (e.g.: accessory buildings, patio Based on valuation and building permit fee schedule
covers, azebos
Additional plan review required by changes, $60.00 per hour with a minimum of one and one half hours or the
additions, or revisions to approved plans total hourly cost to the City of Richland Hills, whichever is
greater. This cost shall include supervision, overhead, equipment,
hour] wa es, and frin e benefits of all the em to ees involved.
Annual Pool/S a Permit $100.00
C ort $45.00
Certificate of Occu anc $100.00
Other Buildin Permits and Fees
Clean and Show Ins ection $80.00
Drivewa A roach $40.00
Fence -Commercial Based on valuation and buildin ermit fee schedule
Fence -Residential $25.00
Gara a Sale Permit $8.00
Gas Test $50.00
Inspections for which no fee is specifically indicated $60.00 per hour with a minimum of two hours or the total hourly
cost to the City of Richland Hills, whichever is greater. This cost
shall include supervision, overhead, equipment, hourly wages,
and frin e benefits of all the em to ees involved.
Inspections outside of normal business hours $60.00 per hour with a minimum of two hours or the total hourly
cost to the City of Richland Hills, whichever is greater. This cost
shall include supervision, overhead, equipment, hourly wages,
and frin e benefits of all the em to ees involved.
Irri ation s stem lan review and ins ection $80.00
Permit for tent and air-supported structures:
Initial permit $50.00
One-time renewal $40.00
Permits not otherwise s ecified $50.00
Plan Review 65% of the buildin ermit fee
Re-ins ection Fees $80.00
Swimming pool, hot tub, or spa permit to discharge $25.00
water
Tem or Electric Release 90-Da maximum $80.00