Chapter 5 BUILDINGS AND BUILDING REGULATIONS

Transcription

1 Chapter 5 BUILDINGS AND BUILDING REGULATIONS Art. 1. In General, Art. 11. Building Code, Div. 1. Generally, Div. 2. Building social, Art. III. Housing, Div. 1. Generally, Div. 2. Housing Code, Div. 3. Fair Housing, Art. IV. Electricity, Div. 1. Generally, Div. 2. Electrical Code, Div. 3. Electrical Inspector, Div. 4. Electrical Board, Div. 5. Permits, Div. 6. Inspections, Div. 7. Electricians, 5-22& Div. 8. Appeals, Art. V. Plumbing, Div. 1. Generally, Div. 2. Plumbing Inspector, Div. 3. Permits, Div. 4. Plumbing Board, Div. 5. Licenses, Art. W. Gas, Div. 1. Generally, Div. 2. Board of Adjustments and Appeals, Div. 3. Appeals, Div. 4. Gas Fitters, Art. VII. Nonstandard Buildings and Premises,

2 See Mechanical code adopted. ARTICLE 1. IN GENERAL The Standard Mechanical Code, as now written and hereafter amended, is hereby adopted by the City of Crockett, Texas, and the provisions thereof are incorporated herein as fully as if set out at length herein. The provisions thereof shall be controlling within the city for all matters set forth therein. At least three (3) copies of the current version of the Standard Mechanical Code are now bled in the once of the city secretary, and as the Standard Mechanical Code is, from time to time, amended, at least three (3) copies of the Standard Mechanical Code and amendments shall be and remain filed in the once of the city secretary. (Ord. No. 0-11D-79, 1, ; Ord. No , 1, ) *Cross reference Fire prevention and protection, 7-1 et see.; flood hazard prevention, 8-1 et see.; streets and sidewalks, 16-1 et see.; construct-ion and maintenance of driveways, et see.; subdivisions, 17-1 et see.; zoning, App. A. Cross references-adoption of other technical codes: building, 5-16; housing, 5-76; electrical, 5-131; plumbing, 5-271; gas, 5-356; ire prevent-ion, Secs Reserved. ARTICLE 11. BUILDING CODE* DIVSION 1. GENERALLY ORDINANCE NO D-05 AN ORDINANCE OF THE CITY OF CROCKETT, TEXAS, AMENDING SECTION 5-16 OF THE CROCKETT CODE, BY ADOPTING THE INTERNATIONAL BUILDING CODE FOR COMMERCIAL BUILDINGS AS NOW WRITTEN AND HEREAFTER AMENDED; AMENDING SECTION 5-40 OF THE CROCKETT CODE TO INCLUDE ENFORCEMENT OF THE INTERNATIONAL BUILDING CODE; AMENDING SECTION 5-41 OF THE CROCKETT CODE TO INCLUDE ENFORCEMENT OF THE INTERNATIONAL BUILDING CODE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; AND PROVIDING AN

3 EFFECTIVE DATE. THE COUNCIL OF THE CITY OF CROCKETT, TEXAS HEREBY ORDAINS: SECTION 1: Section 5-16 of the Crockett Code is hereby deleted, and substituted therefor is the following: Sec International Building Code for Commercial Buildings Adopted; Penalty for Violation Thereof. (a) The International Building Code promulgated by the International Code Council, as now written and hereafter amended, is hereby adopted by the City of Crockett, Texas for commercial buildings, and the provisions thereof are incorporated herein as fully as if set out at length herein. The provisions thereof shall be controlling within the City for all matters set forth therein. A copy of the current version of the International Building Code promulgated by the International Code Council is now filed in the office of the city secretary, and as the International Building Code promulgated by the International Code Council is, from time to time, amended, a copy of the International Building Code promulgated by the International Code Council and amendments shall be and remain filed in the office of the city secretary. (b) It shall be unlawful for any person to violate provisions of the building code adopted by subsection (a). Any such violation shall be punishable in accordance with Section 1-11 of the Code of Ordinances. (c) The International Building Code does not apply to the installation and maintenance electrical wiring and related components. (d) Commercial means a building for the use or occupation of people for: (1) a public purpose or economic gain; or (2) a residence, if the building is a multi-family residence that is not defined as residential by this section. (e) Residential means having the character of a detached one-family or two-family dwelling or a multiple single-family dwelling that is not more than three stories high

4 with separate means of egress, including the accessory structures of the dwelling and that does not have the character of a facility used for the accommodation of transient guests or a structure in which medical, rehabilitative or assertive living services are provided in connection with the occupancy of the structure. SECTION 11: Section 5-40 of the substituted therefor is the Crockett Code is hereby deleted, and following: Sec General Duties. The general duties of the building official shall be: (1) To receive the applications, issue the permits and furnish the certificates required by the building codes adopted by sections 5-16 and (2) To examine the premises for which permits have been issued and make the necessary inspection to see that the provisions of this Code and state law are complied with and that construction is prosecuted safety. (3) To enforce all provisions of the building codes adopted by sections 5-16 and (4) When requested by proper authority, or when the public interest so requires, to make investigations in connection with matters referred to in the building codes and render written reports on the same. (5) To enforce compliance with this Code and state law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction, and to require adequate exit facilities in buildings and structures. (6) To issue such notices or orders as may be necessary. SECTION III: Section 5-41 substituted therefor of the Crockett Code is hereby deleted, and is the following: Section Duties regarding inspections.

5 Inspections required under the provisions of the building codes adopted by sections 5-16 and shall be made by the building official or his duly appointed assistant. The building official may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provision of the building codes shall be issued on such reports unless the same are in writing and certified to by a responsible officer of such service. SECTION IV: Severability. The provisions of this Ordinance are declared to be severable, and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this Ordinance, but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. SECTION V: Repealing Clause All Ordinances, or parts of Ordinances, inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI: Effective Date. A descriptive caption of this Ordinance shall be published two times in the Houston County Courier, the official newspaper in the City of Crockett, Texas, within fourteen (14) days after the date of passage hereof, and said Ordinance shall become effective January 1, PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Crockett, Texas, on the 6 day of September See Building code adopted; penalty for violation thereof. (a) The Standard Building Code, as now written and hereafter amended, is hereby adopted by the City of Crockett, Texas, and the provisions thereof are incorporated herein as fully as if set out at length herein. The provisions thereof shall be controlling within the city for all matters set forth therein. At least three (3) copies of the current version of the Standard Building Code are now fled in the once of the city secretary, and as the Standard Building Code is, from time to time, Amended, at least three (3)

6 copies of the Standard Building Code and amendments shall be and remain filed in the once of the city secretary (b) It shall be unlawful for any person to violate the provisions of the building code adopted by subsection (a). Any such violation shall be punishable in accordance with section 1-11 of this Code of Ordinances. (Ord. No. O-1M-79, 1, ; Ord. No , 11, ) Charter reference-authority of city council to adopt building code, I 3.11(1). Cross references-adoption of other technical codes: mechanical, a 5-1; housing, ; electrical, ; plumbing, gas, ; ere prevention, I See International Residential Code for One and no Family Dwellings adopted; penalty for violation thereof. (a) The International Residential Code for One and Two Family Dwellings Promulgated by the International Code Council, as now written and hereafter amended, is hereby adopted by the City of Crockett, Texas, and the provisions thereof are incorporated herein as fully as if set out at length herein. The provisions thereof shall be controlling within the city for all matters set forth therein. At least three (3) copies of the current version of the International Residential Code for One and no Family Dwellings Promulgated by the International Code Council are now filed in the office of the city secretary, and as the International Residential Code for One and no Family Dwellings Promulgated by the International Code Council is, from time to time, amended, at least three (3) copies of the International Residential Code for One and Two Family Dwellings Promulgated by the International Code Council and amendments shall be and remain filed in the office of the city secretary (b) It shall be unlawful for any person to violate the provisions of the building code adopted by subsection (a). Any such violation shall be punishable in accordance with section 1-11 of this Code of Ordinances. Cross reference-application of building code to substandard buildings, (Ord. No , 1, ) Sec Liability of officies, employees, etc. Any officer, employee, or member of the board of adjustment, charged with the enforcement of this article and the building codes adopted by sections 5-16 and , acting for the city in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that

7 may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of such act performed by him in the enforcement of any provisions of this article or the building codes adopted by section 5-16 and shall be defended by the city attorney until the final termination of the proceedings. (Ord. No. O-11A-79, 5, ; Ord. No , 11, ) Sec Terms in building code denied. Whenever the following words and phrases are used in the building codes adopted by sections 5-16 and , they shall have the following meanings: Corporate counsel shall mean the city attorney Municipality shall mean the City of Crockett. (0rd. No. O-11A-79, 7, ; Ord. No , 111, ) Sec Permit fees. The fees for permits required by the building codes adopted by sections 5-16 and shall be in accordance with said codes. (Ord. No , IV, ) Cross reference-permit required for installation of electrical sign, See Determination of cost of construction and value of building. The estimated cost of the construction of a building in order to determine building permit fees shall be based on the building codes adopted by sections 5-16 and , and the value of the building 11 be determined in the following two (2) steps: (1) The building official 11 just determine the type of construction based on architecture plans, the specifications for the building and information acquired from the owner or contractor. (2) Using current data, the building official shall determine the cost per square foot by using a building valuation which is based on the type of construction and occupancy (Ord. No. 0-6D-82, 2, ; Ord. No , V, ) Sec Fire limits established.

8 For the purposes of this article, the ire limits of the city are hereby established as follows: Beginning at the county courthouse and extending for a radius of three- fourths of a mile in all directions from the courthouse and at such other places within the city as the fire marshal designates. (Ord. No. O-11A-79, 8, ) Sec Construction within fire limits. A1l buildings and structures erected within the fire limits shall be constructed in accordance with the provisions of the building codes adopted by sections 5-16 and (Ord. No , VI, ) Charter reference-power of city council to establish ire limits and regulate kind and character of buildings therein, (k). Sec Proof of asbestos survey. (a) Prior to the issuance of any permit for the demolition or renovation of any public building in the City of Crockett, Texas, the city must be furnished a current asbestos survey which complies with all applicable regulations of the Texas Department of Hea1th and the United States Environmental Protection Agency. (b) For purposes of this section, the term public building shall be held to mean all buildings which are subject to public occupancy or to which the general public has access, other than private residences and apartment buildings with no more than four (4) dwelling units. (Ord. No. O-1B-97, 1, ) Editor s note-card. No. O-1B-97, 1, adopted Jan. 27, 1997, did not specifically amend this Code; hence, inclusion of its provisions as herein was at the discretion of the editor. Secs Reserved. DIVISION 2. BUILDING OFFICIAL See Office established; scope of duties. The once of building official is hereby created and the building official shall be the

9 executive official in charge of the administration and enforcement of this article. (Ord. No. O-11A-79, I 2, ) Sec Appointment, term, removal. The building official shall be appointed by the mayor. His appointment shall continue during good behavior and satisfactory service. He shall not be removed from office except for cause after a full opportunity has been given him to be heard on the specific charges. (Ord. No. O-11A-79, 2, ) Sec Absence, disability. During temporary absence or disability of the building official the mayor shall designate an acting building official. (Ord. No. O-11A-79, 2, ) Sec Qualifications. The building official shall be in good health, physically capable of making the examination and inspections required of his office. He shall not have any interest whatever, directly or indirectly, in the sale or manufacture of any material, process or device entering into or used in or in connection with the construction, alteration, removal or demolition of buildings. (Ord. No. O-11A-79, 3, ) Sec General duties. The general duties of the building official shall be: (1)To receive the applications, issue the permits and furnish the certificates required by the building code adopted by section (2) To examine the premises for which permits have been issued and make the necessary inspection to see that the provisions of this Code and state law are complied with and that construction is prosecuted safely. (3) To enforce all provisions of the building code adopted by section (4) When requested by proper authority, or when the public interest so requires, to

10 make investigations in connection with matters referred to in the building code and render written reports on the same. (5) To enforce compliance with this Code and state law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction, and to require adequate exit facilities in buildings and structures. (6) To issue such notices or orders as may be necessary. (0rd. No. O-11A-79, 4, ) Sec Duties regarding inspections. Inspections required under the provisions of the building code adopted by section 5-16 shall be made by the building official or his duly appointed assistant. The building official may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provision of the building code shall be issued on such reports unless the same are in writing and certified to by a responsible officer of such service. (0rd. No. O-11A-79, 4, ) Sec Duties regarding records and reports. (a) The building official shall keep comprehensive records of applications, permits issued, certificates issued, inspections made, reports rendered, and notices or orders issued. (b) All records coming within the terms of this article shall be open to public inspection for good and sufficient reasons during normal office hours, but shall not be removed from the office of the building official without his written consent. (c) The building official shall make written reports to his immediate superior once each month, or more often if requested, including statements of permits and certificates issued, and orders promulgated pursuant to this article. (0rd. No. O-11A-79, 4, ) Sec Right of entry. The building social, in the discharge of his social duties, and upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour.

11 (Ord. No. O-11A-79, 6, ) Secs Reserved. Secs Reserved. ARTICLE III. HOUSING DIVSION 1. Generally DIVISION 2. HOUSING CODE Sec Housing code adopted; penalty for violation thereof. The Standard Housing Code, as now written and hereafter amended, is hereby adopted by the City of Crockett, Texas, and the provisions thereof are incorporated herein as fully as if set out at length herein. The provisions thereof shall be controlling within the city for all matters set forth therein. At least three (3) copies of the current version of the Standard Housing Code are now filed in the once of the city secretary, and as the Standard Housing Code is, from time to time, amended, at least three (3) copies of the Standard Housing Code and amendments shall be and remain filed in the once of the city secretary (b) It shall be unlawful for any person to violate the provisions of the housing code adopted by subsection (a). (Ord. No. O-11C-79, 2, Ord. No , III, ) Cross references-adoption of other technical codes: mechanical, 5-19 building, 5-16; electrical, 5-131; plumbing, 5-271; gas, 5-356; fire prevention, Sec Establishment of the office of housing official; general authority. (a) The once of housing official is hereby created. (b) The housing official shall be responsible for the enforcement of this division. (0rd. No. O-11C-79, 2, ) Sec Appointment of housing official; term; removal.. The housing official shall be appointed by the mayor subject to conjugation of the city council. His appointment shall continue during good behavior and satisfactory service. He shall not be removed from once except for cause after 011 opportunity has been

12 given to him to be heard on specific charges. (Ord. No. O-11C-79, 2, ) Sec Duties of the housing official. It shall be the duty of the housing official to enforce all the provisions of the housing code adopted by section (Ord. No. O-11C-79, 4, ) Sec Right of entry of housing official. The housing official, in the discharge of his official duties, and upon proper identification, shall have the authority to enter any building, structure, or premises at any reasonable hour. (Ord. No. O-11C-79, 5, ) Sec Board of housing appeals. (a) There is hereby created a board of housing appeals, which shall consist of five (5) members appointed by the mayor subject to confirmation of the city council. One (1) member shall be appointed to serve one (1) year, two (2) members to serve two (2) years, and two (2) members to serve three (3) years. Thereafter, each member shall serve four (4) years. (b) The board of housing appeals shall act by majority vote of the members present. (c) The board of housing appeals shall have the power and be required to hold public hearings in deciding appeals where it is alleged there is an error in law or fact in any order or decision of the housing official in the enforcement of this division. (Ord. No. O-11C-79, a 3, ) Secs Reserved. Sec Definitions. DIVISION 3. FAIR HOUSING For the purpose of this division, the following terms, phrases? words and their derivations shall have the meanings given herein. When not inconsistent with the context, words so used in the present tense include the future; words in the masculine

13 gender include the feminine, words in the plural number include the singular, and words in the singular member include the plural. editor s note-sections have been deleted as being superseded by Ord. No , adopted June 17, Formerly said sections pertained to fair housing and derived from 1-13 of Ord. No , adopted Dec. 17, Sections 1-14 of Ord. No have been included herein as at the editor s discretion. Age means the calendar age of an individual eighteen (18) years of age or over. Creed means any set of principles, rules, opinions and precepts formally expressed and seriously adhered to or maintained by a person. Discriminatory housing practice means an act that is unlawful under sections 5-98, 5-99 or of this division. Dwelling means any building, structure or portion thereof which is occupied as, or designed and intended for occupancy as, a residence by one (1) or more families or any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure or portion thereof. Family includes a single individual or group of individuals living together under one (1) common roof. Major life activities means functions such as, but not limited to, caring for one s self, performing manual tasks, walking, seeing, hearing, spending, breathing, learning and working. Marital status means an individual s status as a single, married, divorced, widowed or separated person. Parenthood means a person s status as a parent or legal guardian of a child or children under the age of eighteen (18). Person includes one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, fiduciaries, and any other organization or entity of whatever character. Physical or mental disability means any physical or mental impairment which

14 substantially limits one (1) or more major life activities. Physical or mental impairment shall include: (1) Any physiological disorder or conditions, cosmetic disagreement or anatomical loss affecting one (1) or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and Indochina; or (2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. To rent includes to lease, to sublease, to lit, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant. Senior adult means a person fifty-five (55) years of age or older. (0rd. No , 1, ) Sec Interpretation and effect. This division shall in no way be interpreted as creating a judicial right or remedy which is the same or substantially equivalent to the remedies provided under Title VHI of the Civil Rights Act of 1968, as Amended, or the Federal Equal Credit Opportunity Act (15 U.S.C. 1691). Al1 aggrieved parties shall retain the rights granted to them by Title VIII of the Civil Rights Act of 1968, as amended, and the Federal Equal Credit Opportunity Act. In construing this division, it is the intent of the city council that the courts shall be guided by federal court interpretations of Title VIII of the Civil Rights Act of 1968, as amended, and the Federal Equal Credit Opportunity Act, where: appropriate. (Ord. No , 2, ) Sec Discrimination in the sale or rental of housing. Except as exempted by section 5-101, it shall be unlawful for any person to: (1) Refuse to sell or rent, after the making of a bona aide over, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling oil any person because of race, color, creed, sex, religion or national origin, physical or mental

15 disability, marital status, parenthood or age. (2) Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age. (3) Make, print, publish, or cause to be made, printed or published any notice, statement or advertisement regarding the sale or rental of a dwelling that indicates any preference, limitation or discrimination based on race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age, or any intention to make any such preference, limitation or discrimination; (4) Represent to any person because of race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age that any dwelling is not available for inspection, sale or rental when such dwelling is in fact so available; (5) For profit or with the hope or expectation of profit, induce or attempt to induce any person to sell or ant any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age. (6) For profit or with the hope or expectations of profit to influence or attempt to influence, by any words, arts, or failure to flit, any seller, purchaser, landlord or tenant of a dwelling so as to promote the maintenance of racially segregated housing or so as to retard, obstruct, or discourage racially integrated housing. Sec Discrimination in the financing of housing. It shall be unlawful for any bank, building and loan association, insurance company or other corporation, association, free or enterprise whose business consists in whole or in part of the making of commercial or residential real estate loans, to deny a loan or other financial assistance to a person applying therefor for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against any such person in the fixing of the amount, interest rate, brokerage points, duration, or other terms or conditions of such loan or their financial assistance, because of: (1) The race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age of such person or of any person associated with him if

16 connection with such loan or other financial assistance; or (2) The race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age of the present or prospective owner, lessees, tenants, or occupants of the dwelling or dwellings for which such a loan or other financial assistance is to be made or given. (Ord. No , 4, ) Sec Discrimination in the provision of brokerage services. It shall be unlawful for any person to deny access to or membership or participation in any multiple listing service, real estate brokers organization or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate in the terms or conditions of such access, membership or participation, on account of race, color, creed, sex, religion or national origin, physical or mental disability, marital status, parenthood or age. (0rd. No , 5, ) Sec Exemptions and exclusions. (a) There shall be exempted from the Application of section 5-98 hereof all transactions involving: (1) The rental of units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner actually maintains and occupies one (1) of such units as his residence. (2) The rental of a single room in a dwelling containing living quarters occupied or intended to be occupied by no more than one (1) family if the person offering such room for rental actually maintains and occupies the remainder of such dwelling as his residence and not more than four (4) such rooms are offered. (3) The sale or rental of any single house by a private individual who owns such house, provided that: a. The sale or rental is made without the use in arty manner of the sales or rental facilities or the sales or rental services of any real estate biker, agent or salesman, or of such facilities or services of any person in the business of selling or renting dwellings or of any employee or agent of any such broker, agent, salesman, or person; and

17 b. The sale is made without the publication, posting or mailing of any advertisement or written notice in violation of this division (this shall not prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title); and c. The owner does not own more than three (3) single-family houses it the time of the sale; and d. The owner does not own any interest 1, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or any portion of the proceeds from the sale or rental of more than three (3) such single-family houses at any one (1) time. e. If the owner does not reside in the house at the time of sale or was not the most recent resident of such house prior to the sale, the exemption granted by this subsection shall apply only with respect to one (1) such sale within any twenty-four-month period; (b) Nothing in this division shall prohibit a religious organization, association, or society or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious association, or society from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of thy same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, national origin, sex, mental or physical disability, marital status, parenthood or age. (c) Nothing in this division shall prohibit a bona fide private club, not in fact open to the public, which as an incident to its primary purpose provides lodging which it owns or operates for other than a commercial purpose from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. (d) Nothing in this division shall bar any person from owning and operating a housing accommodation in which a room or rooms are leased subleased or rented only to persons of the same sex, when such housing accommodation contains common lavatory kitchen or similar facilities available for the use of all such persons occupying such housing accommodation. (e) Nothing in this division shall prohibit the sale, rental, lease or occupancy of any dwelling designed and operated exclusively for senior adults and their spouses, unless the sale, rental, lease or occupancy is further restricted on account of race, color, creed, religion, sex, national origin, physical or mental handicap and marital status.

18 (f) Nothing in this division shall bar a person who owns, operates or controls rental dwellings, whether located on the same property or on one (1) or more contiguous parcels of property, from reserving any grouping of dwellings for the rental or lease to tenants with a minor child or children; provided however, in the event that said reserved area is completely leased or rented, the person owning, operating or controlling said rental dwelling may not refuse to rent or lease any other available dwelling to the prospective tenant on the basis of the tenant s status as a parent or any other of the protected classifications set forth in this division. (Ord. No , 6, ) Sec Fair housing administrator. The mayor shall appoint and the council shall confirm a fair housing administrator (hereafter referred to as administrator ), who shall have the responsibility for implementing this division. The administrator may delegate his authority to investigate and conciliate complaints to other city employees under his direction. (Ord. No , 7, ) Sec Complaints. (a)only the person who claims to have been injured by a discriminatory housing practice who believes he will be irrevocably injured by adiscriminatory housing practice that has occurred or is occurring (hereinafter referred to as person aggrieved ) may file a complaint with the administrator. Such complaints shall be in writing and shall identify the person alleged to have committed or alleged to be committing a discriminatory housing practice and shall state the facts upon which the allegations of a discriminatory housing practice are based. The administrator shall prepare complaint forms and Spanish them without charge to any person, upon request. (b) A copy of all complaints filed with the city shall also be forwarded to the Fair Housing and Equal Opportunity Division of the Region VI Office of the department of Housing and Urban Development. (c) The administrator shall provide for free administrative counseling to those complainants who wish to file a private suit for relief in the local, state, or federal court. (d) If At any time the administrator shall receive or discover credible evidence and shall have probable cause to believe that any person or persons have committed or are

19 committing a discriminatory housing practice as to which no complaint has been filed, the administrator may prepare and file a complaint upon his own motion and in his own name and such complaint shall thereafter be treated in the same manner as a complaint filed by a person aggrieved. (e) The administrator shall receive and accept notification and referral complaints from the U.S. Attorney General and the Secretary of Housing bend Urban Development pursuant to the provisions of Title VIII, fair Housing Act of 1968, Public Law , and shall treat such complaints hereunder in the same manner as complaints bled pursuant to paragraph (a) of this section. (f) A11 complaints shall be filed within sixty (60) days following the occurrence of an alleged discriminatory housing practice. Upon the filing or referral of any complaint, the administrator shall provide notice of the complaint by furnishing a copy of such complaint to the persons named therein who allegedly committed or were threatening to commit an alleged discriminatory housing practice. The accused may file an answer to the complaint within fifteen (15) days of receipt of the written complaint. (g) Al1 complaints and answers shall be subscribed and sworn to before an officer authorized to administer oaths. (0rd. No , 8, ) Sec Investigation. (a) Upon the filing or referral of a complaint as herein provided, the administrator shall cause to be made a prompt and full investigation of the matter stated in the complaint. (b) If the administrator determines that there is not probable cause to believe that a particular alleged discriminatory housing practice has been committed, the administrator shall take no further action with respect to that alleged offense. (c) During or after the investigation, but subsequent to the mailing of the notice of complaints, the administrator shall, if it appears that a discriminatory housing practice has occurred or is threatening to occur, attempt by informal endeavors to effect conciliation, including voluntary discontinuance of the discriminatory housing practice and adequate assurance of future voluntary compliance with the provisions of this division. Nothing said or done in the course of such informal endeavors may be made public by the administrator, by the complainant or by any other party to the proceedings without the written consent of all persons concerned.

20 (d) Upon completion of the investigation and informal endeavors at conciliation by the administrator, but within thirty (30) days of the filing of the complaint with the administrator, if the efforts of the administrator to secure voluntary compliance have been unsuccessful, and if the administrator has made a determination that a discriminatory housing practice has in fact occurred the administrator shall recommend to the city attorney that such violations be prosecuted in the municipal court. With such recommendations, the administrator shall refer his entire file to the city attorney. The city attorney shall, within thirty (30) days after such referral, make a determination as to whether to proceed with prosecution of such complaint in municipal court. If the city attorney determines to prosecute, he shall institute a complaint and prosecute same to conclusion within thirty (30) days after such determination or as soon thereafter as practicable. (0rd. No , 9, ) Sec Cumulative legal effect. This division is cumulative in its legal effect and is not in lieu of any and all legs remedies which the person aggrieved pay pursue. (Ord. No , 9, ) Sec Unlawful intimidation. It shall be unlawful for any person to harass, threaten, harm, damage or otherwise penalize any individual, group or business because he or they have complied with the provisions of this division, because he or they have exercised his or their rights under this division, or enjoyed the benefits of this division, or because he or they have made a charge, testified or assisted in any investigation, or in any proceeding hereunder or have made any report to the administrator. (Ord. No , 11, ) Sec Cooperation with the secretary of housing and urban development. The administrator and the city attorney are authorized to cooperate with the Secretary of Housing and Urban Development and the U.S. Attorney General pursuant to the provisions of Title VIII, Fair Housing Act of 1968, Public Law , and may render such service to the Secretary as they shall deem appropriate to further the policies of this division. (Ord. No , I 12, ) Sec Education and public information.

21 In order to further the objectives of this division, the administrator may conduct educational and public information programs. (Ord. No. 0r6-96, 13, ) See Penalty. Any person, firm, or corporation violating any provision of this division shall be guilty of a misdemeanor, and upon conviction, shall be fined a sum not to exceed two hundred dollars ($200.00) for each violation. Each day a violation continues after passage of seventy-five (75) days from date of the filling of the initial complaint with the administrator shall constitute a separate and distinct offense. Any person, arm, or corporation violating any provision of this division may be enjoined by order of a court if competent jurisdiction; and this remedy is in addition to any other penalty provision. (Ord. No , 14, ) Secs Reserved. See Definitions BUILDINGS AND BUILDING REGULATIONS ARTICLE IV ELECTRICITY* DIVISION 1. GENERALLY The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Approved or approval shall mean inspected and accepted by the electrical inspector as having met the requirements of this article. Board shall mean the five member board created by this article. Commercial building shall mean any building, structure, or premises that advertises as or conducts a business or occupation dealing with merchandise or services, including, but not limited to, dices and stores.

22 Dwelling shall mean the abiding place of one (1) or more persons in which the use and management of sleeping quarters, appliances for cooking, ventilating, heating and lighting are under the control of such person or persons. Electrical inspector shall mean the chief electrical inspector and his authorized assistants. Electrical work shall mean any act in connection with the installing, altering, repairing, and/or maintaining of electric wires, conduits, apparatus or other electrical installations designed or capable of carrying electrical energy, which act ordinarily requires the use of tools. Journeyman electrician shall mean any person licensed as a journeyman electrician in compliance with the requirements of this article who works for and under the general supervision and direction of a master electrician and who does not hold himself out to the public as being qualified to contract for the doing of electrical work. Master electrician shall mean any person licensed as a master electrician in compliance with the requirements of this article who holds himself out to the public as being qualified to do the kind of electrical work or to contract for the doing of electrical work, by himself or by the employment of journeyman electricians which his license authorizes him to do. Technical words. Words used in the electrical code adopted by section shall have the meanings assigned to them by this section. Words relating to buildings and building use, when not otherwise separately defined, shall have the meanings which conform to the meanings set out in the provisions of this chapter or other building ordinances of the city, and in the absence of such definition they shall have their usual meaning. (0rd. No. O-11F-79, 2, ) Secs Reserved. *Cross references-fire prevention and protection, 7-1 et see.; registration of retail electric providers, et see.; tax on sale of electricity, See Electric code adopted. DIVISION 2. ELECTRIC CODE The National Electrical Code published by the National Fire Protection Association, as

23 now written and hereafter amended, is hereby adopted by the City of Crockett, Texas, and the provisions thereof are incorporated herein as fully as if set out at length herein. The provisions thereof shall be controlling within the city for all matters set forth therein. At least three (3) copies of the current version of the National Electrical Code published by the National Fire Protection Association are now filed in the once of the city secretary, and as the National Electrical Code published by the National Fire Protection Association is, from time to time, amended, at least three (3) copies of the National Electrical Code published by the National Fire Protection Association and amendments shall be and remain filed in the once of the city secretary. (Ord. No. O-11F-79, 1, ; Ord. No , IV; ; Ord. No , VIl, ) Cross reference-adoption of other technical codes; mechanical, 5-1; building, 5-16; housing, 5-76; plumbing, gas, 5-356; fire prevention, 7-16; application of electrical code to substandard buildings, See Reserved. Editor s note-ord. No , V, adopted May 19, 1997, repealed former of the Code, which pertained to amendments to the electrical code and derived intended from the original Code. See Minimum standards; interpretation. All electrical construction, materials, appliances, motors, heating devices, and apparatus used in connection with electrical work and the operation of all electrical apparatus within the city shall conform to the rules and requirements of the electrical code adopted by section 5-131; however, necessity, good service and improved results often (10) require To require, larger when sizes deemed of wire, necessary, more branch plans, circuits, specifications, and better and types a complete of equipment than feeder the layout minimum of large which or special is species electrical in the electrical installations. code. Therefore, the electrical inspector (11) To shall exercise have all the other responsibility powers reasonably and authority necessary for making to enforce interpretations the provisions of the of rules, this article. for deciding upon the approval of equipment, materials, construction and for granting (Ord. No. the O-11F-79, special permission 5, ) contemplated in a number of the rules and where necessary, he shall follow the electrical code procedure for securing official interpretations Sec Periodic of the electrical inspection code. of suspected unsafe wiring; correction of (0rd. condition. No. O-11F-79, 8, ) Sec. The electrical Additional inspector wiring shall make standards. a thorough inspection of all electrical work, from time to time, where such electrical work appears to be in a dangerous or unsafe In ondition addition or to appears the requirements to interfere of with the the electrical work of code the fire adopted department. by section The 5-131, electrical the following inspector shall standards notify shall the person apply: owning? using or operating such electrical work to (1) Commercial wiring. Service wires for commercial buildings shall be in conduit with a minimum size of #12 American wire gauge wire and no more than six (6)

24 place it in a safe, secure and non interfering condition. Any person failing, neglecting or refusing, within a reasonable time to make to: necessary repairs or changes and have the necessary work completed within a reasonable time after the receipt of such notice shall be deemed guilty of a violation of this C. ode and every day which shall elapse offer the expiration of such reasonable time until such wires and apparatus are repaired, removed or changed as required by the electrical inspector, shall be considered a separate offense within the intent and meaning of this Code. Told. No. O-11F-79, 5, ) Sec Interference with electrical inspector. It shall be unlawful for any person to interfere with the electrical inspector in the discharge of his duties or to prevent or in any maier attempt to prevent him from caging out his duties. tord. No. O-11F-79, 5, ) Secs Reserved DIVISION 4. ELECTRICAL BOARD Sec Establishing, appointment. There is hereby established a board to be referred to as the electrical board of adjustments and appeals, which board shall be appointed by the mayor subject to confirmation by the city council. (Ord. No. O-11F-79, 9, ) Sec Composition. The electrical board of adjustments and appeals shall consist of five (5) members. The membership shall be composed of two (2) electricians, one (1) builder, one (1) electric company employee and one (1) member at large from the local community. (Ord. No. O-11F-79, 9, ) Sec Terms of members. Of the members first appointed to the electrical board of adjustments and appeals, two (2) shall be appointed for a tied of one (1) year, two (2) for a term of two (2) years, one (1) for a term of three (3) years, and thereafter members shall be appointed for terms of

25 four (4) years. (Ord. No. O-11F-79, 9, ) Sec Vacancies; absence from meetings. Vacancies on the electrical board of adjustments and appeals shall be filled for an unexpired term in the manner in which original appointments are required to be made. Continued absence of any member from regular meetings of the board shall, at the discretion of the city council render any such member liable to immediate removal from once. (Ord. No. O-11F-79, 9, ) Sec Quorum; voting. Three (3) members of the electrical board of adjustments and appeals shall constitute a quorum. In varying the application of any provisions of this article or in modifying an order of the electrical inspector, the affirmative votes of the majority present, but not less than three (3) affirmative votes shall be required. A board member shall not ad in any case in which he has a personal interest. (Ord. No. O-11F-79, 9, ) Sec Secretary of bold; duties. The electrical inspector shall act as secretary of the electrical board of adjustments and appeals and shall make a detailed record of all its proceedings, which shall set forth the reasons for its decisions, the vote of each member participating therein, the absence of a member, and any failure of a member to vote. (Ord. No. O-11F-79, 9, ) Sec Rules of procedure; meetings. The electrical board of adjustments and appeals shall establish rules and regulations for its own procedure not inconsistent with the provisions of the electrical code adopted by section or this article. The board shall meet at regular intervals, to be determined by the chairman, or in any event, the board shall meet within ten (10) days after a notice of appeal has been received. (Ord. No. O-11F-79, 9, ) Sec Right of appeal to board.