CHAPTER 150: BUILDING REGULATIONS; CONSTRUCTION

Section
General Provisions
150.01 Definitions
150.02 International Building Codes adopted; amendments
150.05 Fire limits established
150.06 Contractors; insurance
150.07 Construction abutting street or altering drainage; permit
150.08 Liability disclaimer

Building Official
150.20 Establishment
150.21 Qualifications
150.22 Duties
150.23 Right of entry
150.24 Assistants
150.25 Code inspections

Plumbing Code
150.36 Inspection; inspectors
150.37 Plumbing work; permits
150.38 Street openings; restoration; barriers
150.39 Hazards to water supply
150.40 Septic system permit
150.41 Sewer service use required; toxic discharge statement

Housing Code; Property Maintenance
150.56 Enforcement; right of entry
150.57 Stagnant water prohibited
150.58 Accumulation of unwholesome matter prohibited
150.59 Accumulation of weeds, rubbish, and the like prohibited
150.60 Abatement of stagnant water or unwholesome matter
150.61 Abatement of weeds, rubbish, and the like
150.62 Abatement expense; lien
150.63 Violations; liability

150.99 Penalty
Statutory reference:
Building lines on streets, see Tex. Loc. Gov’t Code, §§ 213.001 - 213.006
Dangerous buildings, see Tex. Loc. Gov’t Code, § 214.002
Fire prevention, see Tex. Loc. Gov’t Code, § 342.002
Health control in cities, see Tex. Health & Safety Code, §§ 342.001-342.007
Plumbing inspector, see Tex. Loc. Gov’t Code, § 214.011
Plumbing regulations, see Tex. Loc. Gov’t Code, § 214.012

GENERAL PROVISIONS

§ 150.01 DEFINITIONS.
For the purpose of the codes adopted by this chapter, the following
definitions shall apply unless the
context clearly indicates or requires a different meaning.

CORPORATE COUNSEL. The Attorney for the city.

MUNICIPALITY. The City of McGregor, Texas.
(Prior Code, § 5-1) (Am. Ord. passed 6-14-1993)

§ 150.02 INTERNATIONAL BUILDING CODES ADOPTED; AMENDMENTS
There is hereby adopted for the purpose of etablishing rules and regulations for the
construction, alteration, removal, demol;ition, equipment, use and occupancy, location,
and maintenance of buildings and structures the certain building codes known as the
International building Codes, being in particualr;

1. International Building Code, 2003 edition and 2004 Supplement, including appendices
A, C, D, F, G, I, and J.

2. International Residential Code, 2003 edition and 2004 Supplement, including appendices
A, B, C, D, E, G, H AND I.

3. International Energy Code, 2003 edition and 2004 Supplement, including the appendix.

4. International Mechanical Code, 2003 edition and Supplement, including appendix A.

5. International Fuel Gas Code, 2003 edition and 2004 Supplement, including appendices
A, B, C and D.

6. International Plumbing Code, 2003 edition and 2004 Supplement, including appendices
B, C, D, E, F and G.

7. International Property Maintenance Code, 2003 edition and 2004 Supplement.

8. International Existing Building Code, 2003 edition and 2004 Supplement.

and the whole therof, save and except for those portions as are hereinafter deleted, modified
or amended, of which not less than two copies have been and now are filed in the office of the
Building Official, and the same and all other codes adopted in theis chapter are hereby incorporated
in this chapter as fully as if set out at lenght herein, and the dprovisions shall be controlling in
the construction of all buildings and strcutures therein contained within the corporate limits of the
city.
(Prior Code, § 5-2)(Am. Ord. passed 12-12-2005)

§ 150.05 FIRE LIMITS ESTABLISHED.
The following shall be and are hereby declared to be the primary fire
limits of the city: being all of
Blocks 57, 58, 59, 60, 63, 64, 65, 66, and 67 and the west half of Block
61 of the Original Town, as shown by map or plat thereof, duly filed of
record in Vol. 41, pp. 168 - 169, of the records of deeds of the county;
and Block 2 of the McCann Addition to the Original Town, as shown by map
or plat thereof, duly filed of record in Vol. 175, p. 206, of the deed
records, to which instruments and the recording thereof, reference is
herein made for all purposes.
(Prior Code, § 5-6) (Am. Ord. passed 6-14-1993)

§ 150.06 CONTRACTORS; INSURANCE.

Contractors shall show proof of general liability insurance as required
by state laws or rules before a permit may be issued to the contractor. (Prior Code, § 5-7) (Am. Ord. passed 8-14-1995)(Am. Ord. passed 6-12-2006)

§ 150.07 CONSTRUCTION ABUTTING STREET OR ALTERING DRAINAGE; PERMIT.
Before any construction which abuts any public street or which alters the flow of surface runoff water
is undertaken within the corporate limits of the city or within the extraterritorial jurisdiction of the city,
a building permit must be obtained from the Building Official. The application for this permit shall contain that information as the Building Official deems necessary, and a fee, in an amount established in the building code, shall be collected at the time an application for the issuance of this permit is made to the Building Official. A permit for this type of construction will not be issued if the Building Official
determines that the construction would obstruct any street or part thereof, or if the construction would alter the flow of runoff water in a manner that would damage public or private property or divert runoff water into public streets.
(Prior Code, § 5-8)

§ 150.08 LIABILITY DISCLAIMER.
Any officer or employee, or member of the Board of Adjustments and Appeals, charged with the enforcement of this chapter, acting for the city in the discharge of his or her duties, shall not thereby render himself or herself liable personally, and he or she is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties. Any suit brought against any officer or employee because of an
act performed by him or her in the enforcement of any provision of this chapter shall be defended by a legal representative appointed by the city until the final termination of the proceedings.
(Prior Code, § 5-9)

BUILDING OFFICIAL

§ 150.20 ESTABLISHMENT.
(A) The office of Building Official is hereby created, and the executive official in charge shall be known as the “Building Official.”

(B) During the temporary absence or disability of the Building Official, the appointing authority shall
designate an Acting Building Official.
(Prior Code, § 5-26)

§ 150.21 QUALIFICATIONS.
The Building Official shall be in good health and physically capable of making the examinations and inspections required or authorized under this chapter. He or she shall not have any interest whatever,
directly or indirectly, in the sale or manufacture of any material, process, or device entering into or used
in or in connection with building construction, alteration, removal, or demolition.
(Prior Code, § 5-27)

§ 150.22 DUTIES.
(A) The Building Official shall receive applications required by this chapter, issue permits, and furnish the prescribed certificates. He or she shall examine the premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely. He or she shall enforce all provisions of the building code. He or she shall, when requested by proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the building code and render written reports on the same. To enforce compliance with law, to remove illegal or unsafe conditions, to secure the necessary safeguards
during construction, or to require adequate exit facilities in buildings and structures, he or she shall issue those notices or orders as may be necessary.

(B) Inspections required under the provisions of the building code shall be made by the Building Official or his or her duly appointed assistant. The Building Official may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provision of the building code shall be issued on these reports unless the same are in writing and certified by a responsible officer of the service.

(C) The Building Official shall keep comprehensive records of applications, of permits issued, of certificates issued, of inspections made, of reports rendered, and of notices or orders issued.

(D) All these records shall be open to public inspection for good and sufficient reasons at the stated office hours, but shall not be removed from the office of the Building Official without his or her written
consent.

(E) The Building Official shall make written reports to his or her immediate superior once each month, or more often if requested, including statements of permits and certificates issued, and orders promulgated.
(Prior Code, § 5-28) Penalty, see § 150.99

§ 150.23 RIGHT OF ENTRY.
The Building Official, in the discharge of his or her official duties, and upon proper identification, shall have authority to enter any building, structure, or premises at any reasonable hour.
(Prior Code, § 5-29) (Am. Ord. passed 8-14-1995)

§ 150.24 ASSISTANTS.
The City Manager may designate city employees who shall:

(A) Assist the Building Official; or

(B) Exercise all the powers of the Building Official.
(Prior Code, § 5-30) (Am. Ord. passed 8-14-1995)

§ 150.25 CODE INSPECTIONS.
The Code Enforcer, or his or her assistants, will inspect all structures within the city in accordance with the adopted codes in this section with the following exception only. Existing structures which have previously been inspected and passed will not be reinspected as long as they are not vacant for over six months. The existence of a vacancy for over six months will be determined by taking the longer of the time the water meter has been turned off or the time set forth in affidavits signed by the property
owner at the time they make new application to have the water meter turned on. The Code Enforcer shall provide a form for an affidavit. This section does not prohibit the City Inspector from inspecting all residences in the city for plumbing code violations if required to do so by state law or the State Department of Health.
(Prior Code, § 5-32) (Am. Ord. passed 8-14-1995)

PLUMBING CODE

§ 150.36 INSPECTION; INSPECTORS.
(A) There is hereby created the position of plumbing inspector or inspectors who shall be employed by the city.

(B) The plumbing inspector or inspectors shall have experience in plumbing to the extent that enables
them to know when plumbing is installed correctly.

(C) The plumbing inspector or inspectors shall not be directly connected in any way with any person
directly or indirectly engaged in the business of plumbing, or plumbing suppliers.

(D) The inspector or inspectors shall receive as full compensation for their services, a salary designated by the city.

(E) It shall be the duty of the plumbing inspector or inspectors to enforce all provisions of this subchapter, and the inspector or inspectors are hereby granted the authority to enter all buildings within or without the corporate limits of the city, when those buildings are connected, or to be connected, to the city’s water and/or sewage system.

(F) The plumbing inspector or inspectors shall prepare or cause to be prepared suitable forms for applications, permits, inspection reports, and other materials.

(G) It shall be the duty of the plumbing inspector or inspectors to inspect and test all plumbing work for compliance with this subchapter and its adopted plumbing code, and to enforce changing of those installations that do not meet the requirements. It further shall be his or her duty to see that all persons installing or altering plumbing shall be licensed as required by state law.

(H) In the event that a plumbing inspector is not designated, all inspections required under this subchapter shall be made by the Building Official.
(Prior Code, § 5-47) (Am. Ord. passed 6-14-1993)
Statutory reference:
Plumbing inspector, see Tex. Loc. Gov’t Code, § 214.011
Plumbing License Law, see Tex. Rev. Civ. Stat., Art. 6243-101

§ 150.37 PLUMBING WORK; PERMITS.
(A) Before beginning any plumbing work in the city, the person installing or altering same shall apply to the plumbing inspector or other designated official and obtain a permit to do that work. Only those persons legally authorized to do plumbing may be issued permits. A permit may be issued to
a homeowner to install or alter plumbing in a single-family residence, provided the homeowner does the work himself or herself and the building is owned and occupied by the owner as his or her home. All this work shall meet the plumbing code requirements. The work done by the owner shall be
done by him or her personally and not as a way of performing a service to the public generally.

(B) All applications for permits shall be made on suitable forms provided. The application shall be accompanied by fees in accordance with the plumbing code. An additional fee of $10 shall be charged for each additional trip on the part of the plumbing inspector caused by the negligence of the plumber of not being ready for inspection or a return for inspection of a corrected installation.
(Prior Code, § 5-48) Penalty, see § 150.99

§ 150.38 STREET OPENINGS; RESTORATION; BARRIERS.
(A) All openings made in the public streets or alleys to install plumbing must be made as carefully as possible, and all materials excavated from the trenches shall be removed or placed where the least
inconvenience to the public will be caused.

(B) The city shall replace all openings and shall charge for that work an amount established from time
to time by the Council.

(C) All openings shall be marked with sufficient barriers. Flares or red lamps shall be maintained around the opening at night, and all other precautions shall be taken by the plumber or excavator to protect
the public from damage to person or property.
(Prior Code, § 5-49)

§ 150.39 HAZARDS TO WATER SUPPLY.
(A) The plumbing inspector is authorized to discontinue or cause to be discontinued all water service
or services to any and all premises, lands, buildings, or structures where it is found that an immediate
hazard exists to the purity or potability of the city water supply.

(B) The Water and Sewer Department and the plumbing inspector are authorized and directed to take
those steps as necessary to determine all potential hazards to the purity or potability of the city water
supply which exist. Upon determining potential hazards, it shall be the duty of that department and that
inspector to immediately cause notice to go to the owner or other person responsible for those premises, specifying the hazards and notifying the person that in the event that the hazard is not corrected within 30 days from the date of the notice, all water services shall be discontinued
thereafter until the requirements of this subchapter have been complied with.
(Prior Code, § 5-50)

§ 150.40 SEPTIC SYSTEM PERMIT.
Before the city will grant a permit for the installation of a septic system within the city limits, the applicant must have a certificate from the County and Cities Health District.
(Prior Code, § 5-51)

§ 150.41 SEWER SERVICE USE REQUIRED; TOXIC DISCHARGE STATEMENT.
(A) All persons, businesses, or industry within the city are required to use the city sewer system unless
exception is granted by the city. The public sewer system shall be used by all persons discharging
wastewater, industrial waste, or polluted liquids. Deposit or discharge of any waste on private or public
property is forbidden.

(B) Where the operation of any person entails the discharge of water or waste containing toxic or poisonous materials, a written application setting forth the nature of the operation contemplated or presently carried on shall be filed with the City Manager. The statement shall contain the amount of water which will be used and its source, the proposed point of discharge of wastewaters into the sewage system of the city, the estimated amount to be discharged, and a statement setting forth
the expected bacterial, physical, chemical, and other known characteristics of that waste. Within 90 days of receipt of the application, the City Manager shall issue an order stating the minimum
restrictions necessary to adequately guard against unlawful or prohibitive uses of the city’s sewage system. The cost of studying the application shall be borne by the applicant.

(C) It shall be the duty of every person owning, occupying, or controlling property within 200 feet of any sanitary sewer within the city limits to connect all sinks, bathtubs, shower stalls, water closets, and
privies to the sanitary sewer system.
(Prior Code, § 5-52) Penalty, see § 150.99

HOUSING CODE; PROPERTY MAINTENANCE

§ 150.56 ENFORCEMENT; RIGHT OF ENTRY.
(A) Enforcement. It shall be the duty of the Building Official to enforce all laws and provisions specified in the Standard Housing Code.
(Prior Code, § 5-88)

(B) Right of entry. The housing enforcing official, in the discharge of his or her official duties and upon proper identification, shall have authority to enter any building, structure, or premises at any reasonable
hour.
(Prior Code, § 5-89)

§ 150.57 STAGNANT WATER PROHIBITED.
It shall be unlawful for any person who shall own or occupy any lot in the city to permit holes or places on that lot where water may accumulate and became stagnant, or to permit same to remain. It shall be unlawful for any person to permit or allow the accumulation of stagnant water on that lot, or to permit
same to remain.
(Prior Code, § 5-90) Penalty, see § 150.99

§ 150.58 ACCUMULATION OF UNWHOLESOME MATTER PROHIBITED.
It shall be unlawful for any person who shall own or occupy any house, building, establishment, lot, or yard in the city to permit or allow any carrion, filth, or other impure or unwholesome matter to accumulate or remain thereon.
(Prior Code, § 5-91) Penalty, see § 150.99

§ 150.59 ACCUMULATION OF WEEDS, RUBBISH, AND THE LIKE PROHIBITED.
It shall be unlawful for any person who shall own or occupy any lot in the city to allow weeds, rubbish, brush, or any other unsightly, objectionable, or insanitary matter to accumulate or grow on that lot.
(Prior Code, § 5-92) Penalty, see § 150.99

§ 150.60 ABATEMENT OF STAGNANT WATER OR UNWHOLESOME MATTER.
Should any owner of any lot that has places thereon where stagnant water may accumulate or which is not properly drained, or the owner of any premises or buildings upon which carrion, filth, or other impure or unwholesome matter may be, fail or refuse to drain or fill the same lot or lots, or remove the filth, carrion, or other impure or unwholesome matter, as the case may be, within ten days after notice to the owner to do so in writing, or by letter addressed to the owner at his or her post office address, or within ten days after notice by publication as many as two times within ten consecutive days in a newspaper of general circulation in the county, if personal service may not be had as aforementioned, or if the owner’s address is not known, then the city may do the filling or draining or removal of filth, carrion, and the like, or any other unsightly, objectionable, or insanitary matter, or cause the same to be
done and may pay therefor and charge the expenses incurred in doing that work or having that work done or improvements made to the owner of the lot or real estate, and if the work is done or improvements made at the expense of the city, then that expense shall be assessed on the real estate or lots upon which the expense was incurred.
(Prior Code, § 5-93)

§ 150.61 ABATEMENT OF WEEDS, RUBBISH, AND THE LIKE.
Should any owner of any lot within the city who shall allow weeds, rubbish, brush, or any other unsightly, objectionable, or insanitary matter to grow or accumulate thereon, fail or refuse to cut down and remove the weeds, rubbish, brush, or other unsightly, objectionable, or insanitary matter as the case may be, within ten days after notice to the owner to do so, in writing, or by letter addressed to the owner at his or her post office address, or within ten days after notice by publication as many as two times within ten consecutive days in a newspaper of general circulation in the county, if personal service may not be had as aforementioned, or if the owner’s address is not known, then the city may do the cutting down and removing of the weeds, rubbish, brush, or any other unsightly, objectionable, or insanitary matter or cause the same to be done, and may pay therefor and charge the expenses incurred in doing that work or having that work done or improvements made to the owner of the lot or lots or real estate; and if the work is done or improvements made at the expense of the city, then those expenses shall be assessed on the real estate or lot upon which the expense was incurred. Weeds or brush over 12 inches in height shall be presumed to be unsightly, objectionable, and unsanitary.
(Prior Code, § 5-94)

§ 150.62 ABATEMENT EXPENSE; LIEN.
The City Manager or those designated by him or her shall file a statement of the expenses incurred under §§ 150.60 or 150.61 of this code, as the case may be, giving the amount of those expenses, including related administrative and legal costs, and the date on which the work was done or
improvements made, with the County Clerk; and the city shall have a privileged lien on the lot or real estate upon which the work was done or improvements made to secure the expenditures so made, in accordance with the provisions of Tex. Loc. Gov’t Code, §§ 342.001 - 342.007, which lien
shall be second only to tax liens and liens for street improvements; and this amount shall bear 10% interest from the date of the payment of the city’s expenses under this section; for any expenditures and interest, suit may be instituted and recovery and foreclosure of the lien may be had in the name of the city. The statement of expenses so made, or a certified copy thereof, shall be prima facie proof of the amount expended for the work or improvements.
(Prior Code, § 5-95)

§ 150.63 VIOLATIONS; LIABILITY.
In case the owner or occupant of any lot, lots, or premises under the provisions of this subchapter shall
be a corporation and shall violate any provisions of §§ 150.57 - 150.62 of this code, the president, vice
president, secretary, and treasurer of the corporation, or any culpable manager, agent, or employee thereof, shall be severally liable for the violation.
(Prior Code, § 5-96) Penalty, see § 150.99

§ 150.99 PENALTY.
Any person who shall violate any of the provisions of this chapter or who shall fail to comply with the requirements of this chapter shall be deemed guilty of a misdemeanor; each and every day is contingent to any violation or provision of this chapter shall constitute and be deemed a separate offense. In the case of any violation of any of the terms or provisions of this chapter by any corporation, the officers and agents, and the person or persons actually performing the work for the corporation shall be subject to the penalties as herein provided.
(Prior Code, §§ 5-31 and 5-53) (Am. Ord. passed 8-14-1995) Penalty, see §
10.99