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HomeMy WebLinkAboutOrdinance No. 2026-02 ORDINANCE NO. 2026-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE II "BOARDS, COMMITTEES AND COMMISSIONS," DIVISION I "GENERALLY," SECTION 2-21 "DEFINITIONS" AND DIVISION 5 "CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS," SECTION 2-46 "CREATED; MEMBERSHIP" AND SECTION 2-48 "POWERS AND DUTIES" AND DIVISION 12 "ZONING BOARD OF ADJUSTMENT," SECTION 2-83 "POWERS AND DUTIES" OF THE FRIENDSWOOD CITY CODE TO UPDATE THE NAME OF THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS AND THE DUTIES OF SUCH BOARD AS WELL AS THE DUTIES OF THE ZONING BOARD OF ADJUSTMENT; CHAPTER 14 'BUILDINGS AND BUILDING REGULATIONS," OF THE FRIENDSWOOD CITY CODE;AND CHAPTER 30 "FIRE PROTECTION AND PREVENTION," ARTICLE III 'FIRE CODES," DIVISION 2 "INTERNATIONAL FIRE CODE," SECTION 30-84 "INTERNATIONAL FIRE CODE ADOPTED; AMENDMENTS" AND DIVISION 3 "LIFE SAFETY CODE,"SECTION 30-119 "APPEALS"OF THE FRIENDSWOOD CITY CODE, TO ADOPT THE 2024 INTERNATIONAL CODES AND LOCAL AMENDMENTS THERETO; PROVIDING A MAXIMUM PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00) FOR FIRE SAFETY AND PUBLIC HEALTH AND SANITATION VIOLATIONS AND A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00) FOR ALL OTHER VIOLATIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, PUBLICATION AND AN EFFECTIVE DATE. WHEREAS,the Construction Board of Adjustment and Appeals serves in a capacity more closely aligned with appeals;therefore,the Council desires to rename it as the"Construction Board of Appeals"to better reflect its duties; and WHEREAS, the Council further finds it appropriate to update and refine the duties of both the Zoning Board of Adjustment and the Construction Board of Appeals to ensure consistency with current practices, statutory requirements, and community needs; and WHEREAS, the City recognizes the importance of adopting updated building and safety standards to protect the health, safety, and welfare of its residents; and WHEREAS,the International Code Council and other standard-setting organizations have published the 2024 editions of building-related codes used by the City, including the International Building Code, International Plumbing Code, International Mechanical Code, International Fuel Gas Code, International Residential Code for One- and Two-Family Dwellings, Fire Code and Life Safety Code, as well as the 2023 edition of the National Electrical Code; and WHEREAS, the aforementioned codes together provide comprehensive and up-to-date standards for commercial and residential construction, electrical, plumbing, mechanical, fuel gas, fire, and life safety practices; and WHEREAS, adoption of these updated codes will promote uniformity, modem safety practices, and advanced construction standards within the City; and WHEREAS,the Council finds that these actions are necessary and proper to safeguard the public interest and to maintain the orderly development of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDS WOOD, STATE OF TEXAS: Section 1. The facts and matters set forth in the preamble of this ordinance are hereby found to be true and correct. Section 2. That Chapter 2 "Administration," Article II "Boards, Committees and Commissions," Division I "Generally," Section 2-21 "Definitions" of the Friendswood City Code is hereby amended to update the definition of"non-advisory board" to read as follows: CHAPTER 2. ADMINISTRATION ARTICLE II. BOARDS, COMMITTEES AND COMMISSIONS DIVISION 1. GENERALLY Sec.2-21. Definitions. The following words, terms and phrases when used in this division shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Non-advisory board shall mean and include a board,commission,committee,or task force established by the city, which has rulemaking or quasi-judicial power or whose decisions are typically "rubber stamped" by the city council, including the following: (1) Charter review committee, (2) Construction board of appeals, (3) Planning and zoning commission, and (4) Zoning board of adjustment. 2 Section 3. That Chapter 2 "Administration," Article II "Boards, Committees and Commissions," Division 5 "Construction Board of Adjustment and Appeals" of the Friendswood City Code is hereby renamed as Division 5 "Construction Board of Appeals." Section 4. That Chapter 2 "Administration," Article II "Boards, Committees and Commissions," Division 5 "Construction Board of Appeals," Section 2-46 "Created;membership" of the Friendswood City Code is hereby amended to read as follows: CHAPTER 2. ADMINISTRATION ARTICLE II. BOARDS, COMMITTEES AND COMMISSIONS DIVISION 5. CONSTRUCTION BOARD OF APPEALS Sec.2-46. Created; membership. (a) Created. The construction board of appeals is a non-advisory committee created pursuant to chapters 14 and 30 of this code and the codes adopted therein. (b) Membership. The construction board of appeals shall consist of seven residents of the city appointed by at least four members of the city council for two-year terms commencing on July 1.Membership of the board should be composed of individuals with knowledge and experience in the technical codes, such as design professionals, contractors, building industry representatives, fire protection engineering professionals, industrial safety professionals, and licensed electrical contractors. The city council may appoint alternate board members to serve in the absence of one or more regular members when requested to do so by the mayor or city manager. Alternate members, if appointed, should consist of a member at-large from the building industry and one member at-large from the public. Section 5. That Chapter 2 "Administration," Article II "Boards, Committees and Commissions," Division 5 "Construction Board of Appeals," Section 2-48 "Powers and duties" of the Friendswood City Code is hereby amended to read as follows: CHAPTER 2. ADMINISTRATION ARTICLE II. BOARDS, COMMITTEES AND COMMISSIONS DIVISION 5. CONSTRUCTION BOARD OF APPEALS Sec. 2-48. Powers and duties. (a) Authority. The construction board of appeals shall have the following powers and duties: (1) To hear and decide appeals of decisions and interpretations of the building official pursuant to chapter 14; 3 (2) To hear and render judgement on revocation or suspension of a local license pursuant to Section 14-3 of this code; (3) To hear and decide appeals of decisions and interpretations of the fire marshal pursuant to chapter 30; (4) To hear and decide appeals of decisions of the fire marshal under the life safety code pursuant to section 30-119 of this code; (5) To hear and render judgment on appeals and requests for variances concerning the city's flood damage prevention regulations pursuant to section 34-32 of this Code; and (6) To perform other duties as may be delegated to it by the city council. (b) Limitation. In addition to limitations found elsewhere in this code, the board shall not have the authority to waive requirements of this code or any code adopted herein. Section 6. That Chapter 2 "Administration," Article II "Boards, Committees and Commissions," Division 12 "Zoning Board of Adjustment," Section 2-83 "Powers and duties" of the Friendswood City Code is hereby amended to read as follows: CHAPTER 2. ADMINISTRATION ARTICLE II. BOARDS, COMMITTEES AND COMMISSIONS DIVISION 12. ZONING BOARD OF ADJUSTMENT Sec. 2-83. Powers and duties. The zoning board of adjustment shall have the following powers and duties: (1) To perform the duties imposed upon the board of adjustment specified in appendix C of this code and required by V.T.C.A., Local Government Code, ch. 211; (2) To serve as the building and standards commission pursuant to article VII, chapter 14 of this code and V.T.C.A., Local Government Code, ch. 54, subch. C; (3) To hear and render judgment on requests for variances concerning the city's sign code pursuant to section 27 of Appendix A of this code; and (4) To hear and decide appeals of decisions of the sign administrator pursuant to section 28 of Appendix A of this code; and (5) To perform other duties as may be delegated to it by the city council. 4 Section 7. That Chapter 14 "Buildings and Building Regulations," of the Friendswood City Code is hereby amended to read as follows: CHAPTER 14. BUILDINGS AND BUILDING REGULATIONS ARTICLE I. IN GENERAL Sec. 14-1. Administration (a) Except as otherwise provided elsewhere in this code or in this chapter, an administrative official designated by the city manager shall administer and enforce the provisions of this code, including the receiving of applications,the inspection of premises,and the issuing of building permits and certificates of occupancy. (b) The building official shall have the power to issue, suspend or revoke building permits, certificates of occupancy, sign permits, floodplain permits, or development permits. (c) The city's code enforcement officers shall also have the authority to enforce the provisions of this code and all currently adopted city codes or other building or construction codes. Sec. 14-2. Compliance required. (a) No person may use, occupy or develop land, buildings or other structures or authorize or permit the use, occupancy or development of land, buildings or other structures under the control of the person except in accordance with all applicable provisions of this code. For purposes of this section,the "use" or "occupancy" of a building or land relates to anything and everything that is done to, on or in that land, building, sign, or structure. (b) The owner of any building or land or part thereof,where anything in violation of this code is placed or used,and any architect,builder,contractor,agent or any other person employed in connection therewith, who may have assisted or contributed to the commission of any such violation, shall each be deemed guilty of a violation of this code. (c) The building official shall not issue a building permit or certificate of occupancy required by this code for any land located within the jurisdiction of the city to which this code applies, until and unless there is full compliance with this code and all other ordinances of the city. (d) Permits presuming to give authority to violate or cancel the provisions of this code or other city ordinances shall not be valid. The building official is authorized to suspend or revoke a permit issued under the provisions of this code if the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information or in violation of any ordinance, regulation, or provision of this code.Appeals related to the decision of the building official can be made in accordance with section 14-14 of this code. 5 (e) The city shall not connect city water, sewer, or electricity to any property to which the provisions of this code apply, unless and until there is compliance with the provisions of this code. ARTICLE II. CONTRACTOR REGISTRATION AND LICENSES Sec. 14-3. Contractor registration required. (a) No person shall engage in, undertake or carry on any business in whole or in part within the city's corporate limits, consisting of or related to the demolition, repair or renovation of,or the making of improvements to,real property,including dwellings,homes,buildings, structures, or any fixtures attached thereto, without having registered with and received from the city a local license. (b) Definitions. The following words,terms and phrases,when used in this chapter, shall have the meanings ascribed to them in this subsection,except where the context clearly indicates a different meaning: Building contractor means any person engaged in,undertaking, or carrying on any business consisting of or related to the demolition, repair, or renovation of any building or structure, including any fixtures attached thereto. The term "building contractor" shall be understood to include any general, electrical, mechanical, plumbing, fire, irrigation, or other contractor. Doing business. Any building contractor shall be deemed to be "doing business"or engaged in business and thus subject to the requirements of this section if he has an office, agency, project site or place of business located within the city's corporate limits, or when he operates or maintains a business, either temporary, periodically, or otherwise, in the city, expressly including, but not limited to, the demolition, repair, or renovation of any building or structure, including any fixtures attached thereto. (c) Registration;filing of application. It shall be unlawful for any building contractor to do business in the city without having first registered with the city and received a local license. Registrants/applicants shall register online with the community development department. Such registration shall include the name of the building contractor, the principal office address (not a P.O. box), the name, address, phone number(s), and email address of an individual who will be available to respond to questions or complaints, proof of comprehensive general liability insurance with minimum limits of $1,000,000.00 per occurrence, and such other information as the building official deems necessary and appropriate for the proper identification and location of such applicant/registrant.Required policies of insurance shall be issued by a carrier duly authorized to write such coverage in Texas and must also contain a completed operations endorsement. An applicant shall provide the building official with a statement describing the general nature of the business to be conducted and give true and correct information as may be called for by the city. Contractors who are registered with the city shall be required to maintain proof of insurance as described herein. 6 (d) Transfer of license. Each license issued pursuant hereto shall be personal to the applicant/registrant, and may not be transferred to any other building contractor. (e) Display of license. A true and correct copy of each license issued hereunder shall be carried by every person operating pursuant to such license within the city and shall be exhibited to any authorized enforcement officer when requested. (f) License revocation or suspension. Each license granted under this section is a permit to engage in the business for which such license is granted while and only during such period said business is conducted in a lawful manner.The city hereby reserves the right to revoke or suspend any license which has been granted hereunder, if the licensee, or the licensee's agent or employee acting within the scope of his employment, violates this section or any other city, state, or federal law. (g) Notice of license revocation or suspension. If, after issuance of a license, the building official receives evidence that such business is not being conducted in a lawful manner, he shall give written notice thereof to the licensee, which notice shall specify the violation with which the licensee is charged. (h) Appeal. The licensee shall have the right to appeal to the construction board of appeals in accordance with section 14-14. (i) Penalty for violation. Any person who shall violate any provision of this section shall,upon conviction,be guilty of a misdemeanor punishable as provided in section 1-14 of this code. Sec. 14-4. State licenses required. (a) License. No permit for electrical, plumbing, mechanical, fire-protection systems or irrigation work shall be issued unless the contractor applying for the permit holds a valid state license for that trade and is registered with the city and holds a valid local license. Evidence of the license must be submitted at the time of permit application. The contractor shall maintain the license in good standing for the duration of the permit and any inspections resulting therefrom. (b) Production. Every holder of a license issued by the state shall carry the license on their person at all times while doing work and shall produce and exhibit it when requested by a city inspector or official of the city. ARTICLE III. PERMITS Sec. 14-5. Permits required. (a) Generally. No person shall proceed with the erection or construction of any building or structure,nor add to,enlarge,move, improve,alter,repair,convert,extend or demolish any building or structure or cause the same to be done in the city limits without first applying for and obtaining a building permit therefor from the building official. All applications for 7 such permits shall be in accordance with the requirements of this chapter and the adopted building codes unless upon written order of the zoning board of adjustment. No such building permit or certificate of occupancy shall be issued for any building where such construction, addition, alteration or use thereof would be in violation of any of the provisions of this code, including the appendices. (b) Submittal requirements. Submittal requirements for all permit types are explained in detail on the city's website. (c) Digital format. The City's permit and plan review processes are completely digital. Applicants must create an account to use the public access portal to register as a contractor in accordance with article II of this chapter and to apply for permits, to print an issued permit,to request inspections,and to perform other administrative duties relating to permits and inspections. (d) Approved plans or issued permit. A copy of the "APPROVED" plans and/or the issued permit shall be kept on the job site at all times and made accessible to the administrative official, the building official, inspectors, planners, or code enforcement officers. (e) Permit not transferable. Each permit issued under the terms of this chapter shall be personal to the permittee and shall not be assigned or transferred to any other person. (f) Violation. Except as otherwise specifically provided in this division, it shall be unlawful: (1) For one person to obtain a permit in the name of another person; (2) For one person to do or perform any work under the permit issued to another person; or (3) For one person to suffer, allow or permit another person to do or perform any work under the permit under such other person's name. (g) Unspecified work not authorized. No permit shall be deemed to authorize anything not stated in the application. For any misrepresentation in such application, the building official shall suspend the permit; and if such misrepresentation appears to be willful, the building official shall revoke the permit. (h) Permits for partial jobs. When one contractor completes the rough work, in whole or in part, on any permitted work and a second contractor is called upon to complete the work in whole or in part,then, in that event, a separate permit is required for which regular fees shall be paid for the work to be done. 8 Sec. 14-6. Trash on construction sites. Trash and discarded construction materials for all construction sites shall be contained in an enclosure designed to prevent redistribution of the contents thereof by action of the wind, rain or other natural force. Sec. 14-7. Site drainage. No improvement to any lot, tract or parcel of land within the city shall be authorized until a site drainage plan for surface water drainage is submitted and approved in accordance with this section and the applicable provisions of the city's flood damage prevention regulations contained in chapter 34.No drainage plan shall be approved that provides for the drainage of surface waters onto or through adjacent properties, or which impounds or otherwise restricts natural flows,to the detriment to any adjacent or upstream property owner. Sec. 14-8. Restoration of property to original condition. (a) Authority of Building Official. If construction work on any lot, tract, or parcel of land within the City is stopped or abandoned for a period of 180 days and the extension of applicable permits is not obtained in accordance with applicable codes of the city, the building official may, in the exercise of administrative discretion, determine whether the construction site should be restored to its original natural state. (b) Basis for Determination. In deciding whether to require restoration under this section,the building official shall consider the following factors: (1) Public safety and health, including any hazards posed by partially completed work; (2) Aesthetic or environmental impacts on surrounding properties or neighborhoods; (3) The structural condition or deterioration of any partially constructed improvements; (4) The likelihood that construction will resume within a reasonable period of time; and (5) Other relevant factors related to the construction and restoration of the property. (c) Restoration Requirements. If the building official determines that restoration is appropriate,the building official may require that: (1) All partially constructed buildings, foundations, temporary utility facilities, and associated improvements be completely removed; (2) The site be cleaned of all materials and debris; (3) The site be properly graded; and 9 (4) The site be revegetated or otherwise stabilized in accordance with applicable City standards. (d) Finality of Decision;Appeal. The determination of the building official under this section shall constitute the final administrative decision of the City, subject only to any appeal procedures provided by this code. Sec. 14-9. Housekeeping practices. (a) All construction sites within the city shall be maintained in such a way that no mud, dirt, trash, or debris will leave the site through wind, rain or other acts of nature. Every effort shall be made to ensure that all streets and storm inlets are protected, as well as all streams, creeks and other waterways. (b) All disturbed areas in front and side yards shall be sodded on lots less than one acre. Lots one acre and larger shall provide sodding throughout any ditch areas located in city rights- of-way and onto the property adjacent to the ditches at least ten feet. (c) Additionally, another form of revegetation acceptable to the city may be provided on the remainder of the site as long as silt fencing or other approved methods are installed to keep soils eroded from the site from entering the city's storm sewer system. ARTICLE IV. FEES Sec. 14-10. Fees. (a) Permit fees. Before any permit will be granted for any work, all fees, including applicable permit fees in such amounts as established in Appendix D of this code, shall be paid. (b) Reinspection fees. No fee shall be charged against the permit holder for the initial inspection; however, when work is found to be incomplete or unsatisfactory after an inspection is requested, a reinspection fee as established in Appendix D of this code shall be paid for each reinspection. (c) Workwithout permit fees. Fees established in Appendix D will be assessed for work started without an issued permit. (d) Fee policies. Refund policy, reissuance fees, and other applicable fees are established in Appendix D of this code. to ARTICLE V. INSPECTIONS Sec. 14-11. Inspections. (a) Inspector to be notified. Upon completion of any installation of any work which has been made under a permit, it shall be the duty of the licensed contractor or his duly authorized agent making the installation to notify the community development department that the work is ready for inspection. (b) Concealed work. When any equipment is to be hidden from view by the permanent placement of parts of the building and/or equipment, the licensed contractor installing the equipment shall notify the community development department, and such equipment shall not be concealed until it has been inspected and approved by a city inspector. (c) Uncovering concealed equipment.The city inspector shall have the authority to require any person to uncover any equipment which has been concealed without his knowledge or permission for which inspection is required pursuant to this division. (d) Disapproval of inspection. If, upon inspection, installation is not found to be in full conformity with the provisions of this chapter or the adopted codes, the inspector shall issue a notice of disapproval and shall notify the licensed contractor making the installation of the defects which have been found to exist. All defective work shall be corrected and brought into conformity with the provisions of this chapter and adopted codes before any further work will be permitted within or on the building or premises and before the licensed contractor making the installation shall be allowed to perform any other work on the job. (e) Responsibility for defects. Every person licensed in conformance with this chapter shall be responsible for(i)any defect in permitted work, insofar as correction thereof is concerned, installed by him until such time as approval has been issued by the city inspector, and (ii) any and all defects that may have been concealed by such person and discovered by the city inspector after approval has been issued regarding such work. After approval of the inspected work, the person in whose name the permitted work is contracted shall be responsible for all defects caused by such person. ARTICLE VI. CERTIFICATES OF OCCUPANCY Sec. 14-12. Certificates of occupancy. (a) Required. No building or structure hereafter erected or structurally altered shall be used, occupied or changed in use until a certificate of occupancy shall have been issued by the building official stating that the building or structure and proposed use thereof complies with the provisions of this code and all other applicable ordinances and codes of the city, including payment of fees, fines, and penalties and final resolution of any outstanding complaints. 11 (b) Record of certificates. The building official shall maintain a record of all certificates of occupancy throughout the applicable retention periods. A certificate of occupancy shall be considered evidence of the existence of a legal use or legal nonconforming use, as contrasted to an illegal use and violation of this chapter. (c) Temporary certificates. The building official may issue a temporary certificate of occupancy for the temporary use and occupancy of all of a building or a portion of a building prior to the completion and occupancy of the building, provided such temporary occupancy or use will not in any way or manner jeopardize life or property. Such temporary certificate may be issued for a period not exceeding six (6) months. Such temporary certificate shall not be construed as in any way altering the respective rights, duties, or obligations of the owners relating to the use or occupancy of the premises or in any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions. (d) Violations not approved. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances. (e) Document verging certificate. The building official shall issue a document verifying that the city has issued an original certificate of occupancy for a building if(i)the owner thereof requests such a document and (ii)the city has a record of issuing the original certificate of occupancy for the building. A document issued under this subsection may be displayed in lieu of the building's original certificate of occupancy. ARTICLE VII. ENFORCEMENT Sec. 14-13. Other remedies. (a) Withhold approvals. The city shall have the right to withhold approval of any certificate of occupancy, permit, plat, or any other authorization or approval until the applicant pays all fees, fines,and penalties that have been assessed and are due and owing to the city.The withholding of the certificate of occupancy shall carry forward with the land to any future assessors and assigns until all penalties have been addressed. (b) Disconnection of utilities. Unless otherwise prohibited by law,the city may disconnect or cause to be disconnected utility services for violations of this code. (c) Remedies cumulative. The penalties and other remedies set forth herein shall be cumulative of other remedies provided by state law, and the power of injunction may be exercised in enforcing this code whether or not there has been a criminal complaint filed. 12 ARTICLE WII. APPEALS Sec. 14-14. Construction board of appeals. (a) Appeals. All appeals to the construction board of appeals shall be perfected by a request in writing to the building official for a hearing, in which the following information shall be contained: (1) Name, address, phone number, and primary e-mail address of the person making the appeal; (2) Facts surrounding the particular ruling or refusal to make a ruling; (3) The ruling, if any, of the building official or inspector; and (4) Detailed reasons why such ruling should be set aside, or if a ruling was refused, why such ruling should be made. (b) Timeliness. Appeals must be perfected within twenty (20) days after the decision of the building official is rendered. (c) Basis of appeal. An application for appeal shall be based on a claim that the true intent of the applicable code or the rules legally adopted thereunder have been incorrectly interpreted,the provisions of the code do not fully apply,or an equally good or better form of construction is proposed. (d) Effect of an appeal. During the pendency of any appeal to the construction board of appeals,the ruling of the building official shall be in full force and effect. (e) Action after an appeal. The building official shall take prompt action in accordance with the decision of the construction board of appeals. ARTICLE IX. RESIDENTIAL CODE Sec. 14-23. International Residential Code for One-and Two-Family Dwellings adopted. (a) Code adopted. The provisions of the International Residential Code for One- and Two- Family Dwellings, 2024 Edition, including: (1) Appendix CA—Sizing and Capacities of Gas Piping, (2) Appendix CB — Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances and Appliances Listed for Use with Type B Vents, (3) Appendix CD—Piping Standards for Various Applications, 13 (4) Appendix CE—Venting Methods, and (5) Appendix CF—Sizing of Water Piping System, with the specific local amendments and additions set forth in this chapter, are hereby adopted. (b) Code reference. In this chapter,the 2024 International Residential Code for One-and Two- Family Dwellings shall be referred to as the "Residential Building Code," and the Residential Building Code shall establish regulations affecting or relating to structures, processes,premises, and safeguards. (c) Code access. A copy of the Residential Building Code shall be placed at the Friendswood Public Library and on file with the building official. Sec. 14-24. Amendments to International Residential Code for One- and Two-Family Dwellings. The 2024 Edition of the International Residential Code for One- and Two-Family Dwellings, as adopted in section 14-23, is hereby amended as follows: (1) Section R101 "Scope and Administration." The Residential Building Code, Subsection RI01.1 is hereby amended to read as follows: R101.1. Title. These regulations shall be known as the Residential Building Code of the City of Friendswood,Texas,hereinafter sometimes referred to as"this code." (2) Section R103 "Code Compliance Agency." The Residential Building Code, Section 103 "Code Compliance Agency" is hereby amended to read as follows: R103.1. Creation of Enforcement Agency.The building and inspections division within the community development department shall be responsible for the implementation, administration, and enforcement of the provisions of this code. The building official shall be the official in charge of the building and inspections division. R103.2. Appointment. The building official shall be appointed by the city manager. R103.3. Deputies. In accordance with the prescribed procedures of the city and with the concurrence of the appointing authority,the building official shall have the authority to appoint a deputy building official, other related technical officers, inspectors,and other employees. Such employees shall have powers delegated by the building official. 14 (3) Section R109 "Inspections." The Residential Building Code, Subsection R109.5 is hereby added to read as follows: R109.5. Uncovering concealed equipment. The building official shall have the authority to require any person to uncover any equipment which has been concealed without his knowledge or permission for which inspection is required pursuant to this code. (4) Section RIIO "Certificate of Occupancy." The Residential Building Code, Subsection RI 10.5 is hereby added to read as follows: R110.5. Occupancy further defined. For the purpose of this section, the moving of furniture or other personal property items into a property prior to issuance of a certificate of occupancy shall constitute the occupancy or use of the property. (5) Section R112 "Means of appeals." The Residential Building Code Subsection R112.1 "General" is hereby amended to read as follows: R112.1. General. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code,there shall be and is hereby created a construction board of appeals in accordance with section 2-46 of this code. The construction board of appeals shall be appointed by city council and shall hold office at its pleasure. The construction board of appeals shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Any reference made in this code to the board of appeals shall have the same meaning as the construction board of appeals. (6) Section R113 "Violations." The Residential Building Code, Subsection RI 13.4 "Violation penalties" is hereby amended to read as follows: R113.4. Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to punishment as provided in Section 1-14 of the Friendswood Code of Ordinances. (7) Section R301. "Design Criteria." The Residential Building Code, Subsection R301.2 "Climatic and geographic design criteria" is hereby amended as follows: 15 GROUND WIND DESIGN SEISMIC SUI31ECT ro DAMAGE FROM ICEBARRIER AIR MEAN SNOWSpearc DESIGN _ Winter UNDI RI AYMIiN'I' FLOOD fRfr/.ING ANNUr\I. LOAD (mp ) TnelIbci&' rymd regibnr debris zone CATEGORY' Weallicrinu' I dcltrost lll,e 'Termite" DLS e. fcmp RIQ111 REDI' IIA'/,A RDS' INDEX' TEMP' 05/04/1987 Zero 143 No Yes Yes A Negligible 12 Very Heavy 32 Degrees No 87-1 9 69 degrees FIS 08/15/2019 Manual Desiv Criteria° Altitude Indoor winter Elevation correction Coincident design relative Indoor winter design dry-bulb temperature Outdoor winter design thy-bulb Heating temperature factor` wet bulb humidi temperature 100 0 77 30 70 34 36 Indoor Latitude Daily Range Summer summer Indoor summer design dry-bulb temperature Outdoor summer design dry-bulb Cooling temperature design gains design relative temperature difference humidi 29 M 44 50 75 94 19 For SI:1 pound per square foot=0.0479 kPa, 1 mile per hour=0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code.The weathering column shall be filled in with the weathering index, "negligible," "moderate"or"severe"for concrete as determined from Figure R301.2(3).The grade of masonry units shall be determined from ASTM C 34,C 55,C 62,C 73,C 90 C 129,C 145,C 216 or C 652. b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map[Figure R301.2(211.Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4. e. The jurisdiction shall fill in this sectionofthetabletoestablishthedesigncriteriausingTablelOAfromACCAManualJorestablishedcriteriadetermined by the jurisdiction. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1. R. The jurisdiction shall fill in this part of the table with(a)the date of the jurisdiction's entry into the National Flood Insurance Program(date of adoption of the first code or ordinance for management of flood hazard areas),(b)the date(s)of the Flood Insurance Study and(c)the panel numbers and dates of the currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.1.2 R905.4.3.1 R905.5.3.1,R905.6.3.1,R905.7.3.1 and R905.8.3.1 where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise,the jurisdiction shall fill in this part of the table with"NO." The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index(BF-days)from Figure R403.3(2)or from the 100-year (99 percent)value on the National Climatic Data Center data table"Air Freezing Index-USA Method(Base 32°F)." j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table"Air Freezing Index- USA Method(Base 32°F)." k. In accordance with Section R301.2.1.5 where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects,the jurisdiction shall fill in this part of the table with "YES."Otherwise,the jurisdiction shall indicate"NO"in this part of the table. I. In accordance with Figure R301.2(2) where there is local historical data documenting unusual wind conditions,the jurisdiction shall fill in this part of the table with "YES"and identify any specific requirements.Otherwise,the jurisdiction shall indicate"NO" in this part of the table. m. In accordance with Section R301.2.1.2.1 the jurisdiction shall indicate the wind-borne debris wind zone(s).Otherwise,the jurisdiction shall indicate"NO" in this part of the table. n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table la or lb from ACCA Manual J or established criteria determined by the jurisdiction. o. The jurisdiction shall fill in this section of the allowable stress design table using the Ground Snow Loads in Figure R301.2(3). 17 (8) Section R401 "Foundations, General." The Residential Building Code, Subsection R401.2.1 "Foundation Designs" is hereby added to read as follows: 401.2.1. Foundation Designs. All foundations shall be designed by a registered professional engineer. All plans must be submitted with original wet seal stamps applied. Foundation construction shall be capable of accommodating all loads according to section R301 and of transmitting the resulting loads to the supporting soil.Fill soils that support footings and foundations shall be designed,installed,and tested in accordance with accepted engineering practice.Gravel fill used as footings for wood and precast concrete foundations shall comply with section R403. (9) Section 2603 "Structural and piping protection." The Residential Building Code, Subsection R2603.5.1 "Sewer Depth" is hereby amended to read as follows: R2603.5.1. Sewer Depth. Building sewers, which connect to private sewage disposal systems,shall be a minimum of 12 inches below finished grade at the point of septic tank connection. Building sewers shall be installed a minimum of 12 inches below grade. (10) Section R2904 "Dwelling unit automatic sprinkler systems." The Residential Building Code, Subsection R2904.1.1 is hereby deleted, in accordance with V.T.C.A., Local Government Code, section 250.012, "Residential Fire Protection Sprinkler Systems." (11) Section E3601 "Services, General Services." The Residential Building Code, Subsection E3601.6.2 is hereby amended to read as follows: E3601.6.2.Service disconnect location.The service disconnecting means shall be installed at a readily accessible location outside of a building nearest the point of entrance of the service conductors. Service disconnecting means shall not be installed in bathrooms. Each occupant shall have access to the disconnect serving the dwelling unit in which they reside. ARTICLE X. BUILDING CODE Sec. 14-25. International Building Code adopted. (a) Code adopted. The provisions of the International Building Code,2024 Edition,including Appendix C - Group U Agricultural Buildings, with the specific local amendments and additions set forth in this chapter, are hereby adopted. (b) Code reference. In this chapter, the 2024 International Building Code shall be referred to as the "Building Code," and the Building Code shall establish regulations affecting or relating to structures, processes, premises, and safeguards. 18 (c) Code access. A copy of the Building Code shall be placed at the Friendswood Public Library and on file with the building official. Sec. 14-26. Amendments to International Building Code. The 2024 Edition of the International Building Code,as adopted in section 14-25, is hereby amended as follows: (1) Section 101 "Scope and Administration." The Building Code, Subsection 101.1 "Title" is hereby amended to read as follows: 101.1. Title. These regulations shall be known as the Building Code of the City of Friendswood, Texas, hereinafter sometimes referred to as "this code." (2) Section 103 "Code Compliance Agency." The Building Code, Section 103 "Code Compliance Agency" is hereby amended to read as follows: 103.1. Creation of Enforcement Agency. The building and inspections division within the community development department shall be responsible for the implementation, administration, and enforcement of the provisions of this code. The building official shall be the official in charge of the building and inspections division. 103.2.Appointment. The building official shall be appointed by the city manager. 103.3.Deputies.In accordance with the prescribed procedures of the city and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, other related technical officers, inspectors, and other employees. Such employees shall have powers delegated by the building official. (3) Section 109 "Inspections." The Building Code, Section 109.5 "Uncovering concealed equipment" is hereby added to read as follows: Section 109.5.Uncovering concealed equipment. The building official shall have the authority to require any person to uncover any equipment which has been concealed without his knowledge or permission for which inspection is required pursuant to this code. (4) Section 111 "Certificate of Occupancy." The Building Code, Subsection 111.5 "Occupancy further defined" is hereby added to read as follows: 111.5. Occupancy further defined. For the purpose of this section, the moving of furniture or other personal property items into a property prior to issuance of a certificate of occupancy shall constitute the occupancy or use of the property. 19 (5) Section 113 'Means of appeals." The Building Code, Subsection 113.1 "General" is hereby amended to read as follows: 113.1. General. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code,there shall be and is hereby created a construction board of appeals in accordance with section 2-46 of this code. The construction board of appeals shall be appointed by city council and shall hold office at its pleasure. The construction board of appeals shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Any reference made in this code to the board of appeals shall have the same meaning as the construction board of appeals. (6) Section 114 "Violations." The Building Code, Section 114.4 "Violation penalties" is hereby amended to read as follows: 114.4. Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to punishment as provided in Section 1-14 of the Friendswood Code of Ordinances. ARTICLE XI. ELECTRICAL CODE Sec. 14-58. National Electric Code adopted. (a) Code adopted. The provisions of the National Electric Code (NEC), 2023 Edition, with the specific local amendments and additions set forth in this chapter, are hereby adopted. (b) Code reference. In this chapter,the 2023 National Electric Code shall be referred to as the "Electrical Code," and the Electrical Code shall establish regulations affecting or relating to structures, processes,premises, and safeguards. (c) Code access. A copy of the Electrical Code shall be placed at the Friendswood Public Library and on file with the building official. Sec. 14-59. Firefighting hazards. No wire or other electrical apparatus shall be installed,operated or maintained over any street, alley,sidewalk or building which may be reasonably calculated to interfere seriously with the work of the fire department in the use of ladders or other apparatus, or which shall obstruct or render hazardous the use of fire escapes. On complaint of the city fire prevention division,the interfering obstructions or hazardous wire shall be removed or properly rearranged. 20 ARTICLE XII. PLUMBING CODE Sec. 14-71. International Plumbing Code adopted. (a) Code adopted. The provisions of the International Plumbing Code, 2024 Edition,with the specific local amendments and additions set forth in this chapter, are hereby adopted. (b) Code reference. In this chapter,the 2024 International Plumbing Code shall be referred to as the "Plumbing Code," and the Plumbing Code shall establish regulations affecting or relating to structures,processes,premises, and safeguards. (c) Code access. A copy of the Plumbing Code shall be placed at the Friendswood Public Library and on file with the building official. Sec. 14-72. Amendments. The 2024 Edition of the International Plumbing Code, as adopted in section 14-71, is hereby amended as follows: (1) Section 101 "Scope and Administration." The Plumbing Code, Subsection 101.1 "Title" is hereby amended to read as follows: 101.1.Title.These regulations shall be known as the Plumbing Code of the City of Friendswood,Texas, hereinafter sometimes referred to as "this code." (2) Section 103 "Code Compliance Agency." The Plumbing Code, Section 103 "Code Compliance Agency," is hereby amended to read as follows: 103.1. Creation of Enforcement Agency. The building and inspections division within the community development department shall be responsible for the implementation, administration, and enforcement of the provisions of this code. The building official shall be the official in charge of the building and inspections division. 103.2.Appointment. The building official shall be appointed by the city manager. 103.3. Deputies. In accordance with the prescribed procedures of the city and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, other related technical officers, inspectors, and other employees. Such employees shall have powers delegated by the building official. (3) Section 104 "Duties and powers of the code official," The Plumbing Code subsection 104.1 "General" is hereby amended to read as follows: 21 104.1. General. The building official is hereby authorized and directed to enforce the provisions of this code. (4) Section 105 "Permits." The Plumbing Code, Subsection 105 "Permits" is hereby amended to read as follows: 105.5.3. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit commences within 180 days after its issuance,or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, by reissuing a permit, one or more extensions of time, for periods not more than 180 days each. A request to reissue a permit shall be in writing and justifiable cause demonstrated. A reissuance fee may be assessed. 105.5.4. Extensions. Any permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit when work is unable to be commenced within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not to exceed 180 days if there is reasonable cause.The extension request shall be in writing and justifiable cause demonstrated. A reissuance fee may be assessed. (5) Section 111 "Inspections." The Plumbing Code, Subsection 111.5 "Uncovering concealed equipment" is hereby added to read as follows: Section 111.5.Uncovering concealed equipment. The building official shall have the authority to require any person to uncover any equipment which has been concealed without his knowledge or permission for which inspection is required pursuant to this code. (6) Section 112 "Means of appeals." The Plumbing Code, Subsection 112.1 "General" is hereby amended to read as follows: 112.1. General. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code,there shall be and is hereby created a construction board of appeals in accordance with section 2-46 of this code. The construction board of appeals shall be appointed by city council and shall hold office at its pleasure. The construction board of appeals shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Any reference made in this code to the board of appeals shall have the same meaning as the construction board of appeals. (7) Section 114 "Violations." The Plumbing Code, Subsection 114.4 "Violation penalties" is hereby amended to read as follows: 22 114.4. Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to punishment as provided in Section 1-14 of the Friendswood Code of Ordinances. (8) Section 305 "Protection of pipes and plumbing system components."The Plumbing Code, Section 305.4.1 is hereby amended to read as follows: 305.4.1. Sewer depth. Building sewers, which connect to private sewage disposal systems,shall be a minimum of 12 inches below finished grade at the point of septic tank connection. Building sewers shall be installed a minimum of 12 inches below grade. (9) Section 608 "Protection of potable water supply."The Plumbing Code is hereby amended to add the following to Subsection 608.17.5 "Connections to lawn irrigation systems," as follows: 608.17.5.1. Compliance required. Irrigation systems shall be installed in accordance with this section and other applicable rules and regulations of the city. 608.17.5.2. Drawings. Irrigation system design drawings shall be prepared by a master plumber whose license number shall appear on the drawings, or by a state professional engineer, a licensed irrigation installer, or a licensed landscape architect. The latter three professionals shall seal, sign and date their drawings. 608.17.5.3.License required. It shall be unlawful for any person for hire to install all or any part of an irrigation system within the city unless that person holds a master plumber license issued by the Texas State Board of Plumbing Examiners or a valid installer's license issued by the Texas Commission on Environmental Quality ("TCEQ"), in accordance with V.T.C.A., Occupations Code § 1903.251. 608.17.5.4. Work by homeowner. The owner of the property on which an irrigation system is to be installed may install all of the irrigation system with the exception of the connection to the potable water source, the water meter, and the required backflow prevention device, each of which must be installed and appropriately connected by a qualified person as noted in subsection C of this section. 608.17.5.5. Permit required. It shall be unlawful for any person to install all or any portion of an irrigation system without having first received a permit from the city. An irrigation installation permit for the installation of the connection to the potable water source,the water meter and the required backflow prevention device shall not be issued to any person who is not a qualified person as noted in subsection C of this section. 23 608.17.5.6. Irrigation system in right-of-way. The city shall have no obligation to maintain or protect,or to repair or replace,all or any part of an irrigation system, existing or future, that is located within a public right-of-way or easement, that is damaged or destroyed, or required to be removed, incident to or as a result of roadway and/or utility or drainage construction, maintenance, or operation. 608.17.5.7. Exemptions. The following are exemptions to the above permit requirements: (1) Systems associated with on-site sewage disposal systems; (2) Irrigation systems used on or by an agriculture operation; or (3) Irrigation systems connected to a groundwater well used for domestic purposes. (10) Section 903 "Vent Terminals." The Plumbing Code, Subsection 903.1.1 "Roof extension unprotected" is hereby amended to read as follows: 903.1.1. Roof extension unprotected. All open vent pipes that extend through a roof shall be terminated at least six inches (6") above the roof, except that where a roof is to be used for any purpose other than weather protection,the vent extensions shall be run at least seven feet(7') above the roof. ARTICLE XIII. MECHANICAL CODE Sec. 14-86. International Mechanical Code adopted. (a) Code adopted. The provisions of the International Mechanical Code, 2024 Edition, including Appendix A — Chimney Connector Pass-Throughs, with the specific local amendments, additions, and deletions set forth in this chapter, are hereby adopted. (b) Code reference. In this chapter, the 2024 International Mechanical Code shall be referred to as the "Mechanical Code,"and the Mechanical Code shall establish regulations affecting or relating to structures,processes, premises, and safeguards. (c) Code access. A copy of the Mechanical Code shall be placed at the Friendswood Public Library and on file with the building official. Sec. 14-87. Amendments. The 2024 Edition of the International Mechanical Code, as adopted in section 14-86, is hereby amended as follows: 24 (1) Section 101 "Scope and Administration." The Mechanical Code, Subsection 101.1 "Title" is hereby amended to read as follows: 101.1. Title.These regulations shall be known as the Mechanical Code of the City of Friendswood,Texas, hereinafter sometimes referred to as "this code." (2) Section 103 "Code Compliance Agency. The Mechanical Code, Section 103 "Code Compliance Agency" is hereby amended to revise the following subsections: 103.1. Creation of Enforcement Agency. The building and inspections division within the community development department shall be responsible for the implementation, administration, and enforcement of the provisions of this code. The building official shall be the official in charge of the building and inspections Division. 103.2.Appointment. The building official shall be appointed by the city manager. 103.3. Deputies. In accordance with the prescribed procedures of the city and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, other related technical officers, inspectors, and other employees. Such employees shall have powers delegated by the building official. (3) Section 104 "Duties and powers of the code official." The Mechanical Code, Subsection 104.1 "General" is hereby amended to read as follows: 104.1. General. The building official is hereby authorized and directed to enforce the provisions of this code. (4) Section 105 "Permits." The Mechanical Code, Section 105 "Permits" is hereby amended to read as follows: 105.4.3. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit commences within 180 days after its issuance,or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, by re-issuing a permit, one or more extensions of time, for periods not more than 180 days each. A request to reissue a permit shall be in writing and justifiable cause demonstrated. A reissuance fee may be assessed. 105.4.4. Extensions. Any permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit when work is unable to be commenced within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not to exceed 25 180 days if there is reasonable cause. The extension request shall be in writing and justifiable cause demonstrated. A reissuance fee may be assessed. (5) Section 111 "Inspections."The Mechanical Code, Subsection 111.4 "Uncovering concealed equipment" is hereby added to read as follows: Section 111.4.Uncovering concealed equipment. The building official shall have the authority to require any person to uncover any equipment which has been concealed without his knowledge or permission for which inspection is required pursuant to this code. (6) Section 112 "Means of appeals." The Mechanical Code, Subsection 112.1 "General" is hereby amended to read as follows: 112.1. General. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code,there shall be and is hereby created a construction board of appeals in accordance with section 2-46 of this code. The construction board of appeals shall be appointed by city council and shall hold office at its pleasure. The construction board of appeals shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Any reference made in this code to the board of appeals shall have the same meaning as the construction board of appeals. (7) Section 113 "Board of appeals." The Mechanical Code, Section 113.1, is hereby deleted. (8) Section 114 "Violations." The Mechanical Code, Subsection 114.4 "Violation penalties" is hereby amended to read as follows: 114.4. Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to punishment as provided in Section 1-14 of the Friendswood Code of Ordinances. ARTICLE XIV. FUEL GAS CODE Sec. 14-100. International Fuel Gas Code adopted. (a) Code adopted. The provisions of the International Fuel Gas Code, 2024 Edition, with the specific local amendments, additions, and deletions set forth in this chapter, are hereby adopted. 26 (b) Code reference. In this chapter,the 2024 International Fuel Gas Code shall be referred to as the "Fuel Gas Code," and the Fuel Gas Code shall establish regulations affecting or relating to structures, processes, premises, and safeguards. (c) Code access. A copy of the Fuel Gas Code shall be placed at the Friendswood Public Library and on file with the building official. Sec. 14-101. Amendments. The 2024 Edition of the International Fuel Gas Code, as adopted in section 14-100, is hereby amended as follows: (1) Section 101 "Scope and Administration." The International Fuel Gas Code, Subsection 101.1 "Title" is hereby amended to read as follows: 101.1. Title.These regulations shall be known as the Fuel Gas Code of the City of Friendswood,Texas, hereinafter sometimes referred to as "this code." (2) Section 103 "Code Compliance Agency" The Fuel Gas Code, Section 103 "Code Compliance Agency" is hereby amended to read as follows: 103.1. Creation of Agency. The building and inspections division within the community development department shall be responsible for the implementation, administration, and enforcement of the provisions of this code. The building official shall be the official in charge of the building and inspections Division. 103.2.Appointment. The building official shall be appointed by the city manager. 103.3.Deputies. In accordance with the prescribed procedures of the city and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, other related technical officers, inspectors,and other employees. Such employees shall have powers delegated by the building official. (3) Section 104 "Duties and powers of the code official." The Fuel Gas Code Subsection 104.1 "General" is hereby amended to read as follows: 104.1. General. The building official is hereby authorized and directed to enforce the provisions of this code. (4) Section 105 "Permits." The Fuel Gas Code, Section 105 "Permits" is hereby amended to read as follows: 105.5.3. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit commences within 180 days after its issuance,or if the work authorized on the site by such permit is suspended or abandoned for a 27 period of 180 days after the time the work is commenced. The building official is authorized to grant, by reissuing a permit, one or more extensions of time, for periods not more than 180 days each. A request to reissue a permit shall be in writing and justifiable cause demonstrated. A reissuance fee may be assessed. 105.5.4. Extensions. Any permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit when work is unable to be commenced within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not to exceed 180 days if there is reasonable cause. The extension request shall be in writing and justifiable cause demonstrated. A reissuance fee may be assessed. (5) Section 111 "Inspections." The Fuel Gas Code, Subsection 111.4 "Uncovering concealed equipment" is hereby added to read as follows: Section 111.4.Uncovering concealed equipment. The building official shall have the authority to require any person to uncover any equipment which has been concealed without his knowledge or permission for which inspection is required pursuant to this code. (6) Section 112 "Means of appeals." The Fuel Gas Code, Subsection 112.1 "General" is hereby amended to read as follows: 112.1. GeneraL In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code,there shall be and is hereby created a construction board of appeals in accordance with section 2-46 of this code. The construction board of appeals shall be appointed by city council and shall hold office at its pleasure. The construction board of appeals shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Any reference made in this code to the board of appeals shall the same have meaning as the construction board of appeals. (7) Section 113 "Violations." The Fuel Gas Code, Subsection 113.4 "Violation penalties" is hereby amended to read as follows: 113.4. Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to punishment as provided in Section 1-14 of the Friendswood Code of Ordinances. 28 ARTICLE XV. SWIMMING POOLS AND SPAS Sec. 14-116. International Swimming Pool and Spa Code(ISPSC) adopted. (a) Code adopted. The provisions of the International Swimming Pool and Spa Code, 2024 Edition, with the specific local amendments, additions, and deletions set forth in this chapter, are hereby adopted. (b) Code reference. In this chapter,the 2024 International Swimming Pool and Spa Code shall be referred to as the "Swimming Pool and Spa Code," and the Swimming Pool and Spa Code shall establish regulations affecting or relating to structures,processes,premises,and safeguards. (c) Code access. A copy of the Swimming Pool and Spa Code shall be placed at the Friendswood Public Library and on file with the building official. Sec. 14-117. Amendments. The 2024 Edition of the International Swimming Pool and Spa Code, as adopted in section 14-116, is hereby amended as follows: (1) Section 101 "Scope and Administration." The Swimming Pool and Spa Code, Subsection 101.1 "Title" is hereby amended to read as follows: 101.1. Title. These regulations shall be known as the Swimming Pool and Spa Code of the City of Friendswood,Texas, hereinafter sometimes referred to as "this code." (2) Section 103 "Code Compliance Agency" The Swimming Pool and Spa Code, Section 103 "Code Compliance Agency" is hereby amended to read as follows: 103.1. Creation of Enforcement Agency. The building and inspections division within the community development department shall be responsible for the implementation, administration, and enforcement of the provisions of this code. The building official shall be the official in charge of the building and inspections division. 103.2.Appointment. The building official shall be appointed by the city manager. 103.3.Deputies. In accordance with the prescribed procedures of the city and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, other related technical officers, inspectors, and other employees. Such employees shall have powers delegated by the building official. 29 (3) Section 104 "Duties and powers of the code official." The Swimming Pool and Spa Code, Subsection 104.1 "General" is hereby amended to read as follows: 104.1. General. The building official is hereby authorized and directed to enforce the provisions of this code. (4) Section 111 "Inspections."The Swimming Pool and Spa Code, Subsection 111.17 is hereby added to read as follows: Section 111.17. Uncovering concealed equipment. The building official shall have the authority to require any person to uncover any equipment which has been concealed without his knowledge or permission for which inspection is required pursuant to this code. (5) Section 112 "Means of appeals."The Swimming Pool and Spa Code,Section 112.1 "General" is hereby amended to read as follows: 112.1. General. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code,there shall be and is hereby created a construction board of appeals in accordance with section 2-46 of this code. The construction board of appeals shall be appointed by city council and shall hold office at its pleasure. The construction board of appeals shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Any reference made in this code to the board of appeals shall have the same meaning as the construction board of appeals. (6) Section 113 "Violations." The Swimming Pool and Spa Code, Subsection 113.4 "Violation penalties" is hereby amended to read as follows: 113.4. Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to punishment as provided in Section 1-14 of the Friendswood Code of Ordinances. ARTICLE XVI. ENERGY CODE Sec. 14-126. International Energy Conservation Code (IECC) adopted. (a) Code adopted. The provisions of the International Energy Conservation Code, 2024 Edition, with the specific local amendments, additions, and deletions set forth in this chapter, are hereby adopted. 30 (b) Code reference. In this chapter,the 2024 International Energy Conservation Code shall be referred to as the "Energy Conservation Code," and the Energy Conservation Code shall establish regulations affecting or relating to structures, processes, premises, and safeguards. (c) Code access. A copy of the Energy Conservation Code shall be placed at the Friendswood Public Library and on file with the building official. Sec. 14-127. Amendments. The 2024 Edition of the International Energy Conservation Code,as adopted in section 14- 126, is hereby amended as follows: (1) Section C101 "Scope and General Requirements." The Energy Conservation Code, Subsection C101.1 "Title" is hereby amended to read as follows: C101.1. Title. This code shall be known as the Commercial Energy Conservation Code of the City of Friendswood,Texas, and shall be cited as such. It is referred to herein as "this code." (2) Section C103 "Code Compliance Agency."The Commercial Energy Conservation Code subsection C103, Code Compliance Agency, is hereby amended to read as follows: C103.1. Creation of Enforcement Agency. The building and inspections division within the community development department shall be responsible for the implementation, administration, and enforcement of the provisions of this code. The building official shall be the designated authority having jurisdiction (AHJ). C103.2. Appointment. The building official shall be appointed by the city manager. C103.3. Deputies. In accordance with the prescribed procedures of the city and with the concurrence of the appointing authority,the building official shall have the authority to appoint a deputy building official, deputy AHJ, other related technical officers, inspectors, and other employees. Such employees shall have powers delegated by the building official. (3) Section C106 "Fees." The Commercial Energy Conservation Code, Section C106 "Fees" is hereby deleted. (4) Section C109 "Means of appeals." The Commercial Energy Conservation Code, Subsection C109.1 "General" is hereby amended to read as follows: C109.1. General. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and 31 interpretation of this code,there shall be and is hereby created a construction board of appeals in accordance with section 2-46 of this code. The construction board of appeals shall be appointed by city council and shall hold office at its pleasure. The construction board of appeals shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Any reference made in this code to the board of appeals shall have the same meaning as the construction board of appeals. (5) Section C111 "Violations." The Commercial Energy Conservation Code, Section C111 "Violation Penalties" is hereby amended to read as follows: C111. Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to punishment as provided in Section 1-14 of the Friendswood Code of Ordinances. (6) Section R101 "Scope and General Requirements." The Residential Energy Conservation Code, Subsection RI01.1 "Title" is hereby amended to read as follows: R101.1. Title. This code shall be known as the Residential Energy Conservation Code of the City of Friendswood, Texas,and shall be cited as such. It is referred to herein as "this code." (7) Section R103 "Code Compliance Agency." The Residential Energy Conservation Code, Section R103 "Code Compliance Agency" is hereby amended to read as follows: R103.1. Creation of Enforcement Agency.The building and inspections division within the community development department shall be responsible for the implementation, administration, and enforcement of the provisions of this code. The building official shall be the designated authority having jurisdiction (AHJ). R103.2. Appointment. The building official shall be appointed by the city manager. R103.3. Deputies. In accordance with the prescribed procedures of the city and with the concurrence of the appointing authority,the building official shall have the authority to appoint a deputy building official, deputy AHJ, other related technical officers, inspectors, and other employees. Such employees shall have powers delegated by the building official. (8) Section R106 "Fees." The Residential Energy Conservation Code, Section R106 "Fees" is hereby deleted. 32 (9) Section R109 "Means of appeal." The Residential Energy Conservation Code, Subsection R109.1 "General" is hereby amended to read as follows: R109.1. General. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this code,there shall be and is hereby created a construction board of appeals in accordance with section 2-46 of this code. The construction board of appeals shall be appointed by city council and shall hold office at its pleasure. The construction board of appeals shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Any reference made in this code to the board of appeals shall have the same meaning as the construction board of appeals. (10) Section RI11 "Violations." The Residential Energy Conservation Code, Section R111 "Violation Penalties" is hereby amended to read as follows: R111. Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to punishment as provided in Section 1-14 of the Friendswood Code of Ordinances. ARTICLE XVII. SUBSTANDARD BUILDINGS AND STRUCTURES Sec. 14-136. Building and standards commission created; composition. There is hereby created the building and standards commission, composed of five members, which shall consist of the members of the board of adjustment, and alternate members appointed by city council, who shall serve in the absence of one or more regular members when requested to do so by the city manager. Persons appointed to the board of adjustment shall also automatically be appointed to the building and standards commission, and such appointment shall constitute one position. Persons appointed to the board of adjustment/building and standards commission shall hold no other position in the city government, and shall serve without pay. Each member shall be a qualified voter at the time of appointment and shall be a resident within the corporate limits of the city and shall have been a resident for a period of 12 months prior to appointment. The appointment of the members shall be for a term of two years or until replacements are appointed corresponding and indistinguishable with the requirements for the board of adjustment. Sec. 14-137. Authority and purpose. (a) This article is remedial and essential to the public interest, safety, health, and welfare and it is intended that this article be liberally construed to effectuate its purposes. This article establishes minimum standards for the continued use and occupancy of all 33 buildings/structures regardless of the date of their construction; materials or methods used to construct a building/structure or improvements, including the foundation, structural elements, electrical wiring, plumbing, fixtures, entrances, or exits; addresses conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents;and incorporates the building codes or other city codes and statutory provisions relating to the condition,use,or appearance of property within the city. The provisions of this article are hereby adopted pursuant the city Charter, the Texas Constitution, Article XI, Section 5, and in accordance with V.T.C.A., Local Government Code chs. 54, 214 and 342. (b) The purposes of this article include,but are not limited to, the following: (1) To establish the minimum standards for the continued use and occupancy of all types of buildings and structures within the city, regardless of the dates of construction, in order to safeguard the public health, safety, and welfare and to protect property. (2) To provide the authority to order and direct the method of securing property that is unoccupied by its owners, lessees, or other invitees, and which is unsecured from unauthorized entry to the extent that such buildings or structures could be entered or used by vagrants or other uninvited persons or could be entered or used by children. (3) To provide the authority to address and direct the method of addressing buildings and structures which, although boarded up, fenced, or otherwise secured in any manner, exhibit conditions that may constitute a danger to the public, even though secured from entry, or the means used to secure the building or structure is inadequate to prevent unauthorized entry or use of the building by vagrants or other uninvited persons or could be entered or used by children. The city may require the building or structure,which endangers the public health and safety of the occupants of said building and structure and the general public, to be vacated, secured, repaired, removed,and/or demolished by the owner and/or the occupants thereof to be relocated. (4) To provide fire safety of buildings or improvements, including provisions related to materials, types of construction or design, warning devices, fire suppression devices, availability of water supply for extinguishing fires, location, design or width of entrances or exits, and enforcement of all city building and fire codes. Sec. 14-138.Minimum building standards adopted; investigation. Any building or structure whose condition has deteriorated or is operated or maintained in violation of the minimum standards for the continued use and occupancy of all types of buildings and structures within the city, as adopted and established in this article, is hereby subject to investigation upon presentation of evidence of probable cause for issuance of a search warrant to a magistrate by the code enforcement official, fire marshal, or health officer designated in 34 accordance with V.T.C.A., Code of Criminal Procedure art. 18.05. Prior to requesting issuance of a search warrant, such official shall obtain approval of the city manager. Sec. 14-139. Dangerous buildings,structures and nuisances defined. Any building or structure,regardless of date of its construction,having any of the following defects, shall be deemed to be substandard and/or unfit for human habitation and, as a result, a danger to the public health, safety and welfare and thus declared to be a dangerous building or structure: (1) Any building or structure that has become deteriorated or damaged such that its roof or walls are not weathertight and waterproof. (2) Any building or structure that is so structurally deteriorated or damaged that it is in danger of collapse or that cannot be expected to withstand reasonably anticipated weather conditions, such as storms or hurricanes. (3) Conditions of any building or structure that violate any provision of the city's building, electrical, plumbing, fire, or other such codes, specifically including conditions subject to the city nuisance ordinance, when such nonconformity constitutes a danger to the public health, safety, and welfare, including any device, apparatus,equipment, combustible waste or vegetation which, in the opinion of the fire marshal, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. (4) Buildings and structures, regardless of their structural condition, that have been, during times that they were not actually occupied by their owners, lessees or other legal invitees, left unsecured from unauthorized entry to the extent that they may be entered by vagrants or other uninvited persons as a place of harborage or could be entered by children. (5) Buildings and structures which are secured by a means inadequate to prevent unauthorized entry or use in the manner described in subsection(4)of this section. (6) A wall or other vertical member that lists, leans or buckles to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base as may be determined from the exterior of the building or structure. (7) Exclusive of the foundation, 33 percent or more damage or deterioration to the supporting member or members or 50 percent of damage or deterioration to the nonsupporting enclosure or outside walls or coverings. (8) An improperly distributed load upon the floor or roof, or an overloaded roof or floor, or a floor or roof with insufficient strength to be reasonably safe for the purpose used. 35 (9) Inadequate facilities for egress in case of fire or panic or insufficient stairways, elevators, or fire escapes as may be determined from the exterior of the building or structure. (10) When a building which is partially constructed has not had any significant construction work done on it in the preceding six months, and it is not secured by a fence or other means to prevent children or vagrants from entering the building. (11) Parts of buildings and structures that may fall and injure a person or property. (12) Hazardous or unsanitary premises that have an accumulation of weeds,vegetation, junk, dead organic matter, debris, garbage, rat harborages, stagnant water, combustible materials and similar materials or conditions that constitute fire,health or safety hazards in the opinion of the code enforcement official. Sec. 14-140. Declaration of nuisance; conduct prohibited. Any building or structure which has any or all of the conditions or defects described in section 14-139, where such condition or conditions pose a threat or potential threat to life, health, property, or human safety; or conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents, is hereby declared to be a public nuisance, is prohibited as unlawful, and shall be abated according to provisions of this article. It is an offense for an owner or occupant or other person having control of the building, structure or property to fail to abate such public nuisance.Therefore,failure to abate such condition may also be prosecuted as a criminal misdemeanor offense. It is a further offense and unlawful for any person to cause, permit, or allow a dangerous building after the 30th day after the date on which the building and standards commission finds a condition of nuisance and orders abatement, or after such extended date as may be lawfully permitted by the building and standards commission. Sec. 14-141. Commencement of proceedings. (a) When the code enforcement official has determined that a building/structure is a dangerous building, he will set a date and time for a public hearing before the building and standards commission to determine if the building complies with the minimum standards established in this article. The code enforcement official may seek voluntary compliance with the owner, lienholder or mortgagee of the building before seeking a hearing before the commission. If the code enforcement official receives voluntary compliance from the owner, lienholder or mortgagee, a public hearing is not required. (b) In addition, in accordance with V.T.C.A., Local Government Code § 214.0011, the code enforcement official may secure a building if it is determined it violates the minimum standards for use and occupancy of the building and is unoccupied or is occupied only by persons who do not have a right of possession if: 36 (1) Before the 11th day after the building is secured, the owner is given notice in accordance with V.T.C.A., Local Government Code § 214.0011(c); and (2) The building and standards commission conducts a hearing within 20 days after a request for hearing is filed by the owner, provided said request for hearing is filed within 30 days after the building is secured. Sec. 14-142. Notice of hearing before the building and standards commission. Notice of all proceedings before the building and standards commission shall be given on or before the tenth day before the date fixed for hearing before the building and standards commission and must state the date, time, and place of the hearing: (1) By personal delivery, by certified mail, return receipt requested, or by delivery by the United States Postal Service using signature confirmation service, to the record owners of the affected property sent to the last known address,and each mortgagee, lienholder and each holder of a recorded lien against the affected property,as shown by the records of the county clerk in which the affected property is located if the address of the lienholder can be ascertained from the deed of trust establishing lien or other applicable instruments on file in the office of the county clerk. (2) To all unknown owners by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front as practicable. (3) In addition, the notice must be published in a newspaper of general circulation in the city on one occasion before the tenth day preceding the date fixed for the hearing. (4) The notice shall contain the following: a. The name and address of the owner of the affected property if that information can be determined from a reasonable search of the instruments on file in the real property records of the county clerk where the real property is primarily situated. b. An identification, which is not required to be a legal description of the building and the property on which it is located. c. A description of the violation of the municipal standards that is present at the building. d. A statement that the city will vacate,secure,remove,repair or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time. 37 e. A statement that the owner, lienholder, or mortgagee will be required to submit proof, at the hearing, of any work that may be required to comply with this article and the time it will take to reasonably perform the work. f. The time, date, and place of the hearing. (5) Notice to a condominium association shall conform to the requirements of V.T.C.A., Local Government Code § 54.035, as may be amended. (6) In addition, if the city files a notice in the official public records of real property where the real property is primarily situated pertaining to the hearing, as set forth above, the notice shall bind all subsequent holders of interest in the property, according to state law. (7) All meetings of the commission shall be open to the public in accordance with V.T.C.A., Government Code ch 551. Sec. 14-143. Functions. The building and standards commission panel may: (1) Order the repair, within a fixed period, of buildings found to be in violation of an ordinance. (2) Declare a building substandard in accordance with the powers granted by this article. (3) Order, in an appropriate case,the immediate removal of persons or property found on private property, enter on private property to secure the removal if it is determined that conditions exist on the property that constitute a violation of an ordinance,and order action to be taken as necessary to remedy,alleviate,or remove any substandard building found to exist. (4) Issue orders or directives to any peace officer of the state, including a sheriff or constable or the chief of police of the municipality, to enforce and carry out the lawful orders or directives of the building and standards commission panel. (5) Determine the amount and duration of the civil penalty the city may recover in accordance with V.T.C.A., Local Government Code § 54.017. A determination of the subject civil penalty is final and binding and constitutes prima facie evidence of such penalty in a court of competent jurisdiction in a civil suit brought by the city for final judgment and may be enforced by the city secretary filing with the district clerk of the appropriate county,a certified copy of the order of the building and standards commission panel establishing the amount and duration of the penalty. 38 Sec. 14-144. Standards for repair,vacation or demolition. (a) Ordered repaired. If the alleged dangerous building can be feasibly repaired or the condition remedied so that it will no longer exist in violation of the terms of this article, it shall first be ordered remedied or repaired. Demolition shall be regarded as a remedy of last resort. (b) Ordered vacated and secured. If the dangerous building is in such a condition as to make it hazardous to the health, safety, or general welfare of its occupants or the public, it will be ordered vacated and secured. (c) Ordered demolished. In any case where a dangerous building is 50 percent or more damaged or decayed or deteriorated in its structure, or 50 percent or more diminished in its value due to damage, decay, or deterioration, a presumption shall arise that the building cannot be repaired. Such presumption may be appropriately rebutted by the weight of the evidence. Value may be determined by comparing the most recent valuation for the building by the appropriate tax appraisal district with the valuation of the building two years prior to the most recent valuation by the appraisal district. Principles of sound engineering practices shall be respected. (d) Settlement. In all cases of settlement in which a responsible party enters into a voluntary demolition agreement to accept city serviced demolition, all settlement agreements shall be reviewed by the building and standards commission prior to execution by a duly authorized city official possessing settlement authority. Sec. 14-145. Building and standards commission hearing; burden of proof. In a public hearing to determine whether a building complies with the standards set out in this article, the owner, lienholder, mortgagee, manager or occupant has the burden of proof to demonstrate the scope of work that may be required to comply with this article and the time it will take to reasonably perform the work.After a public hearing, if a building is found to be in violation of this article,the building and standards commission may: (1) Enter on the minutes its findings that the building, or use thereof: a. Is in violation of the minimum standards of this article in specified instances; b. Is dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety and welfare; c. Is structurally sound but is unoccupied by its owners, lessees, or other invitees and is unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; 39 d. Is structurally sound,boarded up,fenced,or secured but constitutes a danger to the public, or the means used to secure the building are inadequate to prevent unauthorized entry or use of the building by vagrants, children, or other uninvited persons; e. Violates the minimum standards of this article and is unoccupied or is occupied only by persons who do not have a right of possession; or f. Is dangerously damaged or deteriorated or is likely to endanger persons or property. (2) Make an order that: a. The building be secured from unauthorized entry; b. The building be repaired, removed or demolished; c. The building be vacated in whole or in part; d. Any or all occupants be relocated; e. Such other requirements deemed reasonably necessary, including the abatement of any nuisances caused by accumulations of refuse, vegetation,. or other matter that creates breeding and living places for insects and rodents. (3) Time limits. a. An order shall require that a building shall be secured within 30 days. b. An order shall require that a building must be repaired, removed or demolished within 30 days unless the owner or lienholder establishes at the hearing that the work cannot reasonably be performed within 30 days. c. If the building and standards commission allows the owner, lienholder, mortgagee, manager or occupant more than 30 days to repair, remove or demolish the building, the building and standards commission shall establish specific time schedules for the commencement and performance of the work and shall require the owner, lienholder,mortgagee, manager or occupant to secure the property in a reasonable manner from unauthorized entry while the work is being performed. d. The building and standards commission may not allow the owner, lienholder, mortgagee, manager or occupant more than 90 days to repair, remove or demolish the building or fully perform all work required to 40 comply with the order of the building and standards commission unless the owner, lienholder, mortgagee, manager or occupant: 1. Submits a detailed plan and time schedule for the work at the hearing; and 2. Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work. e. If the building and standards commission allows the owner, lienholder, mortgagee,manager or occupant more than 90 days to complete any part of the work required to repair, remove or demolish the building, the building and standards commission shall require the owner, lienholder, mortgagee, manager or occupant to regularly submit progress reports to the building and standards commission to demonstrate that the owner, lienholder, mortgagee, manager or occupant complied with the time schedules established by the building and standards commission for commencement and performance of the work. The order may require that the owner, lienholder,mortgagee,manager or occupant appear before the hearing panel to demonstrate compliance with the schedules. If the owner, lienholder, or mortgagee owns property, including structures or improvements on property, within the municipal boundaries that exceed $100,000.00 in total value, the commission may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing, or demolishing the building/structure. In lieu of a bond, the commission may require the owner, lienholder, or mortgagee to provide a letter of credit from a financial institution or guaranty from a third party approved by the commission. f. In a public hearing to determine whether a building complies with the standards set out in this article, the owner, lienholder, mortgagee, manager or occupant has the burden of proof to demonstrate the scope of work that may be required to comply with this article and the time it will take to reasonably perform the work. g. Should an owner fail to comply with an order of the building and standards commission to repair, remove or demolish a building,the commission may assess civil penalties against such owner upon notice and hearing. Such notice shall be given at least ten days prior to the hearing to determine whether or not civil penalties should be assessed. Sec. 14-146. Procedure after hearing. After the hearing before the building and standards commission, the city shall deliver a copy of the order by personal delivery or by certified mail,return receipt requested, or by delivery 41 by the United States Postal Service using signature confirmation service, to the record owners of the affected property and to any lienholder or mortgagee of record of the affected property. Within ten days after the date the order from the building and standards commission is issued the city will: (1) File a copy of the order in the office of the city secretary; and (2) Publish in the city's official newspaper a notice containing: a. The street address or legal description of the property; b. The date of the hearing; c. A brief statement indicating the results of the hearing or order; and d. Instructions stating where a complete copy of the order may be obtained. Sec. 14-147. Enforcement; expenses. (a) If an owner does not take the action ordered by the building and standards commission within the allotted time,the code enforcement official shall promptly mail by certified mail, return receipt requested, a copy of the order to any lienholder or mortgagee of the building not previously served with the order. (b) If the owner, lienholder, mortgagee, manager or occupant should fail to comply with an order of the building and standards commission within the allotted time, the building and standards commission may, in addition to any other actions or remedies in this article, authorize the city to: (1) Vacate, secure, remove or demolish the building. (2) Relocate the occupants at its own expense. (3) Repair the building to the extent necessary to bring the building into compliance with the minimum standards and only if the building is a residential building with ten or fewer dwelling units. (c) The building and standards commission may authorize the code enforcement official to secure a building that violates the minimum standards and is unoccupied or is occupied only by persons who do not have a right of possession before notice and hearing. (d) The building and standards commission may assess all expenses incurred by the city pursuant to the foregoing provisions against the owner of the property and the property. Said assessment of expenses shall constitute a privileged lien on the property subordinate only to tax liens and previously recorded, bona fide mortgage liens, unless the property is homestead protected by the state constitution in accordance with V.T.C.A., Local Government Code chs. 214 and 54. 42 (e) The building and standards commission, by order, may assess and recover a civil penalty against the property owner in an amount not to exceed$1,000.00 per day for each violation or, if the owner shows that the property is the owner's lawful homestead, in an amount not to exceed $10.00 per day for each violation, if the city proves: (1) The property owner was notified of the requirements of this article and the owner's need to comply with the requirements; and (2) After notification,the property owner committed an act in violation of this article or failed to take an action necessary for compliance with this article. (f) The city council hereby finds and declares that the general administrative expenses of inspecting buildings, conducting hearings, issuing notices and orders, together with associated administrative functions, require the reasonable charge of$400.00 for each lot, adjacent lots under common ownership or tract of land. Such minimum charge is hereby established and declared to be the charge for such administrative expenses to be assessed in each instance where the building and standards commission determines that the building or structure is a dangerous building and the city has been required to proceed with notice and hearing as provided for in section 14-141, together with any additional charges as delineated in subsection (g) of this section. Notwithstanding any tabulation of recorded costs, a charge of$400.00 is hereby expressly stated to be the minimum charge, unless otherwise determined by the building and standards commission due to the associated costs incurred by the city for reviewing records of ownership, liens, and providing notice and hearing. Further, the cost of securing, repairing, demolishing the building or buildings, either by the city or by persons doing so under contract with the city, shall be separately calculated and assessed in each instance where the city secures, repairs, demolishes or causes the demolition of a building or buildings pursuant to this article. (g) Any case referred to the building and standards commission for consideration shall also have attached as costs all expenses incurred by the city to research ownership and mortgagee/lienholder interests, as such research is required by state law to fix enforceable orders and liens. The city shall certify all administrative expenses and costs of securing, repairing, or demolishing a building or buildings by the city or by persons doing so under contract with the city, as a charge which shall be assessed to the owner thereof, and which shall constitute a lien on the land on which the building or buildings are or were situated. Such charge shall bear interest at the rate of ten percent per annum until paid. The amount of the assessment shall be subject to the same procedure and sale in case of delinquency as provided by the laws of the state. (h) If an order has been issued pursuant to this article for the repair, securing or demolition of a building or buildings and the city has let a contract for such work, and the building or buildings are subsequently repaired, secured or demolished by the owners prior to completion of the contracts let by the city, the administrative expenses and all costs for cancellation of the contract shall be certified as a charge which shall be assessed against the owners thereof, and which shall constitute a lien on the land on which the building or 43 • buildings are or were situated. Such charge shall bear interest at the rate of ten percent per annum until paid. (i) Upon a finding by the building and standards commission that a building is dangerously damaged or deteriorated,or is likely to endanger persons or property,the code enforcement official may place a placard notice on all dwelling units which the building and standards commission has determined to be dangerously damaged or deteriorated, or likely to endanger persons or property,with the following language: DO NOT ENTER UNSAFE TO OCCUPY IT IS A MISDEMEANOR TO OCCUPY THIS BUILDING, OR TO REMOVE OR DEFACE THIS NOTICE. BUILDING OFFICIAL CITY OF FRIENDSWOOD, TEXAS Sec. 14-148. Offenses. It is unlawful for the owner,occupant, lessee or manager of a building governed by this article to: (1) Permit a building to be in violation of any provision of this article; (2) Permit a building to exist in a dilapidated or substandard condition,or condition unfit for human habitation and a hazard to the public health, safety, and welfare; (3) Permit a building to be unoccupied and unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; (4) Permit a building that is boarded up, fenced or otherwise secured to: a. Constitute a danger to the public; or b. Have inadequate means to secure the building from unauthorized entry or use; (5) Permit a building to be occupied only by persons who do not have a right of possession and violate any provision of this article; (6) Permit a building to exist in a dangerously damaged or deteriorated condition or in a condition likely to endanger persons or property; (7) Without authority from the code enforcement official or the fire marshal,remove or destroy a placard placed pursuant to section 14-147(i) by such officials; or 44 (8) Permit a person to occupy a building or room on which the code enforcement official or the fire marshal has placed a placard pursuant to section 14-147(i), or occupy a building or room on which the code enforcement official or the fire marshal has placed such a placard, absent express authorization of the subject official. Sec. 14-149. Demolition regulations extended to cover site clearance,leveling and grading. (a) In addition to the building regulations contained in this article, the regulations concerning the demolition of buildings and permits therefore are extended to cover and include related health, safety, and welfare requirements that: (1) All debris must be removed from the property, all holes or depressions in the ground must be filled to grade level. (2) The grading and leveling and clearance of the site of the demolition where the removal of structures makes such grading, leveling or clearance necessary, or where such grading, leveling or clearance is necessary to protect adjacent property for the public safety. The grading and leveling shall include appropriate fill to ensure proper drainage, and a permit shall be secured for any fill work if provided by this code. (3) All lumber, pipes and all other building materials must be removed from the property. (4) All pipes and conduits must be removed from above grade and must be removed or sealed below grade. (5) All piers, pilings, steps, foundations, and other appurtenances must be removed from the property. (b) Each person having an interest in the building or control over the property on which the building stood prior to removal or demolition is individually responsible for completing this work. Sec. 14-150. Disconnecting public utilities. The code enforcement official may request that public utilities be disconnected in order that demolition or other nuisance abatement actions may be accomplished without delay in those cases where the structure is open, vacant, dilapidated, or subject to any of the conditions defining public nuisance in this article. Sec. 14-151. Other remedies. (a) Nothing in this article shall preclude the city's pursuit of any and all other remedies allowed under civil and criminal law, or in equity, to address conditions which are treated in this 45 article, under the theory of public nuisance and the abatement of dangerous buildings or structures. Neither shall the city be required, nor prohibited, to issue criminal citations before, after, or during any proceeding prescribed in this article. (b) Specifically, in addition to the provisions in this article and remedies afforded under V.T.C.A., Local Government Code ch. 54, Municipal Regulation of Structures, the city further asserts full authority to exercise its right to remedy under all provisions, including, but not limited to, V.T.C.A., Local Government Code ch. 214, subchapter B, Municipal Health and Safety Ordinances; and V.T.C.A., Local Government Code ch. 342, Municipal Fire Protection, subchapter B, in prosecution of civil suits for enforcement, removal or destruction of buildings and structures, injunctive relief, and civil penalties to remedy conditions of public concern described in this article. Sec. 14-152. Lien. The lien securing payment of civil penalties or the costs of repairs,removal, or demolition, as the case may be, is inferior only to any previously and duly recorded bona fide mortgage liens, as prescribed by state law. The city's lien is superior to all other previously recorded judgment liens, and shall accrue interest at the rate of ten percent a year, or as allowed by law, from the date of assessment until paid in full. Section 8. That Chapter 30 "Fire Protection and Prevention," Article III "Fire Codes" Division 2 "International Fire Code," Section 30-84 "International Fire Code adopted; amendments" of the Friendswood City Code is hereby amended to read as follows: CHAPTER 30. FIRE PROTECTION AND PREVENTION ARTICLE III.FIRE CODES DIVISION 2. INTERNATIONAL FIRE CODE Sec.30-84. International Fire Code adopted; amendments. (a) Code adopted. The provisions of the International Fire Code, 2024 Edition, including: (1) Appendix A—Board of Appeals (2) Appendix B—Fire-Flow Requirements for Buildings (3) Appendix C—Fire Hydrant Locations and Distribution (4) Appendix D—Fire Apparatus Access Roads (5) Appendix E—Hazard Categories (6) Appendix F—Hazard Ranking 46 (7) Appendix G—Cryogenic Fluids—Weight and Volume Equivalents (8) Appendix H — Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement(HMIS) Instructions (9) Appendix I—Fire Protection Systems—Noncompliant Conditions (10) Appendix K—Construction Requirements for Existing Ambulatory Care Facilities (11) Appendix L—Requirements for Firefighter Air Replenishment Systems (12) Appendix M — High-Rise Buildings — Retroactive Automatic Sprinkler Requirement (13) Appendix N—Indoor Trade Shows and Exhibitions with the specific local amendments and additions set forth in this chapter, are hereby adopted. (b) Code access. A copy of the Fire Code adopted in subsection (a) shall be available at the Friendswood Public Library and in the fire code official's office. (c) Amendments. The following are the local amendments to the Fire Code adopted in subsection (a): (1) Subsection 101.1 "Title" is hereby amended to read as follows: 101.1. Title. These regulations shall be known as the Fire Code of the City of Friendswood, Texas, hereinafter sometimes referred to as "this code." (2) Subsection 103.1 "Creation of agency" is hereby amended to read as follows: 103.1 Creation of Agency. The Department of Emergency Services (DES) is hereby created and the Chief of Fire Prevention shall be known as the fire code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code. (3) Section 112 "Means of appeals" is hereby amended to read as follows: 112.1. Board of appeals.The construction board of appeals shall act as the board of appeals. (4) Subsection 113.4 is hereby deleted in its entirety. (5) Subsection 507.5.1.1 "Hydrant for standpipe systems" is hereby amended to read as follows: 47 507.5.1.1. Hydrant for standpipe systems. Buildings equipped with a fire sprinkler or standpipe system installed in accordance with Section 905 shall have a fire hydrant within 40 to 100 feet (30 480 mm) of the fire department connections. (6) Subsection 507.5.1 "Where required" is hereby amended to read as follows: 507.5.1. Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. (7) Subsection 606.3.4.1 "Extinguishing system" is hereby added to read as follows: 606.3.4.1.Extinguishing system. New or existing required kitchen exhaust hood and duct system required by mechanical code to have a hood system shall be protected with an approved automatic fire-extinguishing system installed in accordance with this code. (8) Subsection 901.4.4 "Fire areas" is hereby amended to read as follows: 901.4.4. Fire Areas. Fire suppression systems shall not be divided by fire areas. (9) Subsection 903.2 "Where required" is hereby amended to read as follows: 903.2. Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section, when the gross square footage of the building or structure exceeds 11,999 square feet, or when the area under one roof is capable of having two or more floors above or below grade with any one floor exceeding 5,999 square feet. (10) Subsection 903.4.3 "Alarms" is hereby amended to read as follows: 903.4.3. Alarms. An approved audible and visual sprinkler waterflow alarm device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler waterflow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Activation of waterflow alarm shall activate visible and audio alarm notification appliances in all public use areas and common use areas. Where a waterflow switch is required by Section 903.4.1 to be electrically supervised, such sprinkler waterflow alarm devices shall be powered by a fire alarm control unit or, where provided, a fire alarm system. Where a fire alarm system is provided, actuation of the automatic sprinkler system shall actuate the building fire alarm system. 48 Exception: Automatic sprinkler systems protecting one- and two-family dwellings. (11) Subsection 901.4.7 "Pump and riser room size" is hereby amended to read as follows: 901.4.7. Pump and riser room size. Where provided, fire pump rooms, fire alarms, emergency alarms and automatic sprinkler system riser rooms shall be designed with adequate space for all equipment necessary for the installation, as defined by the manufacturer, with sufficient working space around the stationary equipment. Clearances around equipment to elements of permanent construction, including other installed equipment and appliances, shall be sufficient to allow inspection, service, repair or replacement without removing such elements of permanent construction or disabling the function of a required fire-resistance- rated assembly. Fire pumps, fire alarm,emergency alarm and automatic sprinkler system riser rooms shall be installed in an exterior wall with access from the exterior. The room requires a one-hour fire-resistance-rated assembly or two- hour assembly where required by other section of the code. The unobstructed passageways shall be large enough to allow removal of the largest piece of equipment. (12) Section 1009.2.1 "Elevators required" is hereby amended to read as follows: 1009.2.1. Elevators required. In buildings where a required accessible floor is two or more stories above or below a level of exit discharge or where an accessible occupiable roof is above a story that is two or more stories above the level of exit discharge, not less than one required accessible means of egress shall include an elevator complying with Section 1009.4. (13) Subsection 1103.5.1 "Group A-2" is hereby deleted. (14) Subsection 1103.5.3 "Date by which sprinkler system must be installed" is the effective date of this code, March 1, 2026. (15) Section 5001.7 "Required Specialized Engineered Plans" is hereby amended to read as follows: 5001.7. Required Specialized Engineered Plans.All group H occupancies shall be designed with the assistance of an engineer specializing in fire protection, licensed in the State of Texas. (16) Section D105.1 "Where required" is hereby amended to read as follows: D105.1. Where required. Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus access roads shall be 49 provided. For purposes of this section, the highest roof surface shall be determined by measurement to the cave of a pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater. Exception 1: Where approved by the fire code official, buildings of Type IA, Type IB or Type IIA construction equipped throughout with an automatic sprinkler system in accordance with section 903.3.1.1 and having firefighter access through an enclosed stairway with a Class I standpipe from the lowest level of fire department vehicle access to all roof surfaces. Exception 2: Where approved by the fire code official, buildings of Type IIB construction, up to 45' in height, equipped throughout with an automatic sprinkler system in accordance with section 903.3.1.1 and having firefighter access through an enclosed stairway with a Class I standpipe from the lowest level of fire department vehicle access to all roof surfaces, and two (2) egress stairways having at least 1-hour fire rating and separated in accordance with section 1007.1.1. Section 9. That Chapter 30 "Fire Protection and Prevention," Article III "Fire Codes," Division 3 "Life Safety Code," Section 30-119 "Appeals" of the Friendswood City Code is hereby amended to read as follows: CHAPTER 30. FIRE PROTECTION AND PREVENTION ARTICLE III. FIRE CODES DIVISION 3. LIFE SAFETY CODE Sec. 30-118. Life Safety Code Adopted. (a) Code Adopted. The provisions of the 2024 Edition of the NFPA Life Safety Code 101, as published by the National Fire Protection Association, Inc., including: (I) Annex A—Explanatory Material (2) Annex B—Supplemental Evacuation Equipment (3) Annex C—NFPA Documents on Hazardous Materials (4) Annex D—Alternate Care Sites (5) Annex E—Informational References 50 with the specified local amendments and additions as set forth in this chapter, are hereby adopted. (b) Code reference. In this chapter,the 2024 Edition of the NFPA Life Safety Code 101 shall be referred to as the"Life Safety Code,"and the Life Safety Code shall establish regulations affecting or relating to structures, processes, premises, and safeguards. (c) Code access. A copy of the Life Safety Code is available at the Friendswood Public Library and on file with the fire code official's office. Sec.30-119. Appeals. Whenever the fire marshal shall disapprove an application or when it is claimed that the provisions of the Life Safety Code do not apply or that the true intent and meaning of such code has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire marshal to the construction board of appeals within twenty (20) days from the date of the decision. Section 10. A violation of this ordinance is subject to the penalty provisions contained in Section 1-14 of the Friendswood City Code and as otherwise provided by law. Any person who shall intentionally,knowingly,recklessly,or with criminal negligence fail to comply with any provision of this ordinance shall be deemed guilty of a misdemeanor and,upon conviction thereof, shall be fined in an amount not to exceed TWO THOUSAND AND NO/100 DOLLARS ($2,000.00) for fire safety and public health and sanitation violations AND FIVE HUNDRED AND NO/100 DOLLARS ($500.00) for all other violations. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. Section 11. That all ordinances or parts of ordinances in conflict or inconsistent with this ordinance are hereby expressly repealed. Section 12. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this ordinance as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood,Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 13. The City Secretary shall give notice of the enactment of this ordinance by promptly publishing the caption of this ordinance after final passage in the official newspaper of the City. Section 14. This ordinance shall take effect on March 1, 2026, after its passage on second reading by the City Council of the City of Friendswood, Texas, and its publication in the official newspaper of the City. 51 INTRODUCED, READ.AND PASSED on first reading by the affirmative vote of the City Council of the City of Friendswood this 1't day of December, 2025. MIKE 'OR ,M,'N, Mayor ATTEST: /A, /) C�gw � O, FRIENDS RA MARTINEZ, City "itr etary k ``' 4 i O APPROVED AS TO FORM: d� Q� 9�FOF1°- KAREN L. HORNER, City Attorney INTRODUCED, READ, AND PASSED on second and final reading by the affirmative vote of the City Council of the City of Friendswood this 5tl' day of January, 2026. “IAQ41,_\ JO ' ELLISOR, Mayor Pro Tern ATTEST: 4 ,RIENO, O t; ) APPROVED AS TO FORM: 1 i 1 `0 KAREN L. HORNER, City Attorney 11:1City Council\Ordinances12025U2-01-20251Ordinance-Adopting Updated Model Codes and Amendments.docx 52