Loading...
G-06-07-27-10B1 - 7/27/2006ORDINANCE NO. ` DID ` Y1 I - g 1- 108 AN ORDINANCE AMENDING THE CODE OF ORDINANCES (1995 EDITION), CITY OF ROUND ROCK, TEXAS, CHAPTER 3, ADDING SECTION 3.114 TO PROVIDE REQUIREMENTS FOR ISSUANCE OF A CERTIFICATE OF OCCUPANCY; TO PROVIDE REQUIREMENTS FOR ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY; TO PROVIDE FOR AN APPLICATION PROCESS; TO PROVIDE FOR REVOCATION OF EITHER A CERTIFICATE OR TEMPORARY CERTIFICATE OF OCCUPANCY; DECLARING CERTAIN ACTIONS TO BE UNLAWFUL; PROVIDING A PENALTY; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. Chapter 3, Code of Ordinances (1995 Edition), City of Round Rock, Texas, is hereby amended to add Section 3.114 to read as follows: 3.114 CERTIFICATES OF OCCUPANCY (1) General (a) It shall be unlawful for any person to use or occupy any building or structure or portion thereof until the Building Official of the City has issued either a Certificate of Occupancy or Temporary Certificate of Occupancy therefor as provided herein. (b) It shall be unlawful for any person to change the existing occupancy classification of a building or structure or portion thereof until the Building Official of the City has issued a Certificate of Occupancy or Temporary Certificate of Occupancy therefor as provided herein. (c) For buildings or structures wherein the owner or developer has applied for a building permit, no further application for a Certificate of Occupancy shall be required. For buildings or structures wherein the owner or developer has not applied for a building permit, a Certificate of Occupancy shall be applied for in the office of the Building Official on forms provided by the City. 060713A1 (2) Multi -Building Projects and Phased Plans for Multi- Building Projects (a) Except as provided below, it shall be unlawful for any person to use or occupy any building or structure or portion thereof in a multi -building or structure project on a single platted lot until the Building Official has issued a Certificate of Occupancy or Temporary Certificate of Occupancy for every building or structure in the project. Certificates of Occupancy may be issued for separate buildings or structures in a multi -building project on a single platted lot if the owner or developer submits a plan ("Phasing Plan") as part of the site plan submitted for review and approval to the City's Development Review Committee ("DRC") as provided under Section 11.306, Round Rock Code of Ordinances that: (i) requests that the multi -building project ("Phased Project") be developed and inspected in phases; (ii) indicates the specific sequencing of the Phasing Plan and the number of buildings for each phase; (iii) indicates the site improvements showing access, utilities and fire protection for each building and phase; and the DRC approves the Phasing Plan. (b) Should a developer or owner submit such a Phasing Plan described above, the last building to be completed in the Phased Project shall not be occupied until the Building Official has issued a Certificate of Occupancy or Temporary Certificate of Occupancy for such building and the entire Phased Project, including all site improvements, is complete. (c) If construction on the Phased Project ceases before the last building has passed final inspection, and the building permit has expired, the project may be redefined to consist of only those buildings that have passed final inspection and it shall be unlawful to occupy any building or structure until a Certificate of Occupancy or a Temporary Certificate of Occupancy has been issued. Any subsequent construction at the same site shall not occur until appropriately permitted by the Building Official. (d) It shall be unlawful for individual buildings or structures of a multiple building project other than a Phased Project to be used or occupied until every building in the entire project has been issued a Certificate of Occupancy or Temporary Certificate of Occupancy. (3) Issuance (a) Prior to issuance of a Certificate of Occupancy, the following criteria must be met: (i) A Certificate of Zoning Compliance, where required, has been issued; (ii) All fees and costs owed to the City which were generated by or from such building or structure have been paid in full; (iii) All subdivision improvements required under Chapter 8, Round Rock Code of Ordinances have been accepted by the City as provided for in Section 8.705; (iv) The building or structure has received and passed the final inspection conducted by the Building Official; (v) The site improvements shown in the site development plans approved by the Development Review Committee of the City (the "Plans") have been completed and have passed all inspections conducted by the Construction Inspection Division of the City Engineering and Development Services Department; (vi) "As -built" mylars of the Plans have been submitted, reviewed and found satisfactory by the City; (vii) A letter is submitted, reviewed and found satisfactory by the City certifying that all public and private improvements constructed on the site are in substantial conformance with the Plans; (viii) A final City fire inspection has been conducted and passed; (ix) The landscaping requirements provided for in Chapter 11, Round Rock Code of Ordinances have been satisfied; (x) A one-year warranty bond in the amount of ten percent (10%) of the cost of all public site improvements to be accepted by the City has been submitted and the bond has been reviewed and found satisfactory by the City or other fiscal arrangements acceptable to the City Attorney have been made, guaranteeing the said improvements for one year after acceptance of the improvements by the City. A letter shall accompany the warranty bond certifying the construction costs of the improvements; (xi) All necessary easements or release of easements have been prepared and/or reviewed, dedicated and recorded; and (xii) The Building Official has determined that there are no violations of the provisions of the City's building codes or other laws that are enforced by the Building Official. (b) Upon meeting the requirements provided for in (a) above, the Building Official shall issue a Certificate of Occupancy that contains the following: (i) The building permit or application number; (ii) The address of the building or structure; (iii) The name and address of the owner; (iv) A description of that portion of the building or structure for which the Certificate is issued; (v) A statement that the described portion of the building or structure has been inspected for compliance with the requirements of this code for the (i) occupancy, (ii) division of occupancy and (iii) use for which the proposed occupancy is classified; (vi) The name of the Building Official; (vii) The edition of the building code(s) under which the permit was issued; (viii) The use and occupancy, in accordance with the provisions of building code(s) adopted by the City; (ix) The type of construction as defined by the building code(s) adopted by the City; (x) The design occupant load; (xi) If an automatic sprinkler system is provided, whether the sprinkler system is required; (xii) Any special stipulations and conditions of the building permit; and (xiii) The Certificate must be dated and contain the name and signature of the City Engineer or his designee. (c) A Certificate of Occupancy shall be required for the following: (i) To occupy a newly constructed building or structure; (ii) To change the existing occupancy classification of a building, structure or portion thereof from the previous Certificate; (iii) To occupy the interior of a shell that has been finished -out for a specified occupancy; (iv) To occupy each separate building or structure within a multiple building or structure project or, where multiple buildings are phased together for permit purposes, for all buildings under such permit; and (v) To occupy an addition to an existing building or structure. (d) Issuance of a Certificate of Occupancy shall not be construed as waiving any provisions of the City's ordinances or regulations or state or federal laws or regulations or as an approval of a violation of the provisions of the City's ordinances or regulations or state or federal laws or regulations. (e) A record of all Certificates of Occupancy shall be maintained on file in the office of the Building Official of the City and copies shall be furnished to citizens in accordance with applicable law. (4) Temporary Certificate of Occupancy (a) A Temporary Certificate of Occupancy shall not be issued for single family and two-family occupancies. (b) For all occupancies other than single family and two-family occupancies, a Temporary Certificate of Occupancy may be considered for issuance by the Building Official where all of the following conditions are met: (i) Site construction is substantially complete in conformance with approved plans; (ii) Any incomplete improvements are not related to the Americans With Disabilities Act (ADA) barrier free compliance requirements; (iii) The Building Official determines that such building or structure or portion thereof may be occupied and used safely; (iv) Any site improvements not completed are minor in nature and are related to landscaping, paving, utility adjustments, or similar features; (v) A placement/completion schedule is submitted and approved by the City; (vi) A performance guarantee, letter of credit or other form of financial assurance, in a form acceptable to the City Attorney, which is equal to 120% of the cost of all incomplete site work, as estimated by the developer or owner and concurred with by the Building Official, is submitted with the application for a Temporary Certificate of Occupancy; (vii) The City's Fire Marshall has concurred with the issuance of the Temporary Certificate of Occupancy; and (viii) The water and wastewater systems serving the building or structure and the water system providing fire protection to the building or structure have been completed, tested and are fully operational. (c) Temporary Certificates of Occupancy shall be valid for a period of time determined by the Building Official, but not to exceed sixty (60) days. Said period shall be based upon a reasonable estimate of the time necessary to complete all remaining improvements and to satisfy all remaining requirements. (d) When circumstances beyond the control of the owner or developer warrant, the Building Official may grant an extension of the Temporary Certificate of Occupancy for one additional period of time not to exceed sixty (60) days. Any further extension of a Temporary Certificate of Occupancy requires the approval of the City Council. (e) The Building Official shall maintain a record of all Temporary Certificates of Occupancy. (5) Revocation or Suspension The Building Official is authorized to, suspend or revoke a Certificate of Occupancy or Temporary Certificate of Occupancy issued hereunder if such Certificate was issued in error, on the basis of incorrect information, or if it is determined that the building or structure or any portion thereof is in violation of any City ordinance or regulation or any state or federal law or regulation. (6) Fees (a) Where no building permit is required but a Certificate of Occupancy is necessary, an application fee in the amount of $75.00 shall be paid at the time of filing an application for a Certificate of Occupancy, which fee shall include one (1) inspection. (b) An application fee in the amount of $250.00 shall be paid at the time of filing an application for a Temporary Certificate of Occupancy and shall include one (1) inspection. A fee in the amount of $100.00 shall be paid at the time of filing an application for the extension of a Temporary Certificate of Occupancy. (c) Reinspection fees shall be paid in accordance with Section 3.105(7) of this Code. (d) Where an application fee for a Certificate of Occupancy or Temporary Certificate of Occupancy, or extension thereof, has been paid but the application denied, the City shall not refund the application fee. Subsequent applications shall be accompanied by the fee stipulated in 3.114 (6) (a) or (b). (7) Violations and Penalties (a) The City Council has determined that this Section regulates fire safety and public health and that an offense under this Section is punishable by a fine not to exceed $2,000 pursuant to Section 1.601 of the City's Code of Ordinances. (b) Prosecution of an offense under this Section does not preclude other enforcement remedies that may be available to the City. (c) Each instance of a violation of this Section is a separate offense. (8) Authority to Disconnect Utilities (a) The City shall have the right to disconnect or have disconnected utility services including, but not limited to, electric, gas, water and/or wastewater services to a building or structure being occupied in violation of this Section. (b) In the case of imminent endangerment to the health or welfare of persons, the City shall give oral notice to an owner or occupant of a building or structure that is being occupied in violation of this Section before disconnecting any utility service and shall, within twenty-four (24) hours follow with written notice of such violation. (c) Under all other conditions for disconnection, the City shall give three (3) days written notice before disconnection. (d) Any utility service disconnected in accordance with this Section, shall remain disconnected until such time as compliance with this Section is achieved and the Building Official approves such re -connection. All costs for such re -connection, or additional amounts that may be required as a result of such disconnection shall be borne by the owner or occupant. (e) The City shall not be liable for any resulting damage to a building or structure or any property of the owner as a result of disconnection of any utility service under this Section. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. 6 READ and APPROVED on first reading this the /3tb day , 2006. READ, APPROVED and ADOPTED on second reading this -t� the d day of ST:, . , 2006. CHRISTINE R. MARTINEZ, City Secr ary 7 , Mayor ound Rock, Texas DATE: July 20, 2006 SUBJECT: City Council Meeting - July 27, 2006 ITEM: *10.B.1. Consider an ordinance amending Chapter 3, Code of Ordinances (1995 Edition), adding 3.114 to provide requirements for issuance of a Certificate of Occupancy. (Second Reading) Department: Engineering and Development Services Staff Person: Danny Halden, City Engineer Justification: The City's adopted building code currently provides for issuance of Certificates of Occupancy (CO) or Temporary Certificates of Occupancy (TCO) by the City Building Official before use or occupancy of a building or structure. This proposed ordinance clarifies the criteria for issuance of a CO or TCO, provides for Multi -building projects on a single platted lot, provides for appropriate fees, and provides for penalties for violations. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: This ordinance is proposed in response to the request of the private development sector for the City to consider issuing TCO, to allow for phased development, and to clarify the criteria associated with issuance of CO or TCO. Public Comment: N/A