By Yarbrough H.B. No. 899
74R782 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a county to adopt codes for buildings
1-3 in unincorporated areas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 235, Local Government Code, is amended to
1-6 read as follows:
1-7 CHAPTER 235. COUNTY CODES <FIRE CODE>
1-8 IN UNINCORPORATED AREA
1-9 Sec. 235.001. AUTHORITY TO ADOPT AND ENFORCE CODES <FIRE
1-10 CODE>. (a) The commissioners court of a county <with a population
1-11 of over 250,000> may adopt a building, mechanical, plumbing, gas,
1-12 electrical, or fire code and rules necessary to administer and
1-13 enforce a <the fire> code.
1-14 (b) The commissioners court, or any municipality in the
1-15 county, may contract <with one another> for the administration and
1-16 enforcement of a code and related rules <the fire code>.
1-17 Sec. 235.002. APPLICATION AND CONTENT OF <FIRE> CODE. (a)
1-18 Except as provided by Subsection (b), a <The fire> code applies
1-19 <only> to all <the following> buildings and other structures
1-20 constructed in an unincorporated area of the county<:>
1-21 <(1) a commercial establishment; and>
1-22 <(2) a public building>.
1-23 (b) A <The fire> code does not apply to:
1-24 (1) a building or structure used exclusively for farm
2-1 purposes, ranch purposes, or both; or
2-2 (2) a building or structure required to conform to a
2-3 similar code adopted and enforced by a municipality <an industrial
2-4 facility having a fire brigade that conforms to requirements of the
2-5 Occupational Health and Safety Administration>.
2-6 (c) A <The fire> code must meet or exceed the minimum
2-7 requirements of the standard codes published by the Southern
2-8 Building Code Congress International, Inc., the uniform codes
2-9 published by the International Conference of Building Officials,
2-10 the national building codes published by the Building Officials and
2-11 Code Administrators International, Inc., appropriate national fire
2-12 codes published by the National Fire Protection Association, or
2-13 other applicable model building and fire codes, unless the county
2-14 adopts and enforces<:>
2-15 <(1) conform to the Uniform Building Code or to a
2-16 national fire code adopted by the Southern Building Code Congress,
2-17 the National Fire Protection Association, or the Building Officials
2-18 and Code Administrators International; or>
2-19 <(2) establish> protective measures that exceed those
2-20 requirements <the standards of the codes described by Subdivision
2-21 (1)>.
2-22 (d) A building or structure of an industrial facility that
2-23 is located on a site where design, construction, and fire safety
2-24 are supervised by appropriate design and qualified inspection
2-25 professionals and that provides a fire brigade conforming to
2-26 applicable regulations of the Occupational Safety and Health
2-27 Administration is exempt from review of plans and inspections if
3-1 the appropriate design and qualified inspectors certify that the
3-2 applicable codes and rules have been met. On request, the
3-3 industrial facility shall provide appropriate drawings to the
3-4 county building and fire safety inspectors. This exemption may be
3-5 rescinded by the commissioners court for due cause.
3-6 Sec. 235.003. Building Permit; Application. An owner,
3-7 authorized agent, or contractor <(a) A person> may not construct
3-8 a building or other structure described by Section 235.002(a) in an
3-9 unincorporated area of the county unless <the person obtains> a
3-10 building permit application is filed and a building permit is
3-11 obtained <issued> in accordance with the requirements for issuance
3-12 of permits prescribed by the applicable codes <this chapter>.
3-13 <(b) A person may apply for a building permit by providing
3-14 to the commissioners court:>
3-15 <(1) a plan of the proposed building containing
3-16 information required by the commissioners court; and>
3-17 <(2) an application fee in an amount set by the
3-18 commissioners court.>
3-19 <(c) Within 30 days after the date the commissioners court
3-20 receives an application and fee in accordance with Subsection (b),
3-21 the commissioners court shall:>
3-22 <(1) issue the permit if the plan complies with the
3-23 fire code; or>
3-24 <(2) deny the permit if the plan does not comply with
3-25 the fire code.>
3-26 <(d) If the commissioners court receives an application and
3-27 fee in accordance with Subsection (b) and the commissioners court
4-1 does not issue the permit or deny the application within 30 days
4-2 after receiving the application and fee, the construction of the
4-3 building that is the subject of the application is approved for the
4-4 purposes of this chapter.>
4-5 Sec. 235.004. Inspections. (a) The county shall inspect a
4-6 building or structure subject to this chapter to determine
4-7 compliance <whether the building complies> with all applicable
4-8 codes and rules adopted by the county <the fire code>.
4-9 (b) The commissioners court shall <may> provide <that> a
4-10 qualified county inspector <employee> or contract with another
4-11 qualified person or agency to perform all inspections required by
4-12 the codes <an employee of another governmental entity under
4-13 intergovernmental contract may perform the inspection>.
4-14 (c) <A building inspector may enter and perform the
4-15 inspection at a reasonable time at any stage of the building's
4-16 construction and after completion of the building.>
4-17 <(d) On or before the date that construction of a building
4-18 subject to this chapter is completed, the owner of the building
4-19 shall request in writing that the county inspect the building for
4-20 compliance with the fire code.>
4-21 <(e) The county shall begin the inspection of the building
4-22 within two days after the date of the receipt of the written
4-23 inspection request. If an inspection is properly requested and the
4-24 county does not begin the inspection within the time permitted by
4-25 this subsection, the building that is the subject of the request is
4-26 considered approved for the purposes of this chapter.>
4-27 <(f)> The county shall issue a <final> certificate of
5-1 occupancy <compliance> to the owner of a building or structure
5-2 inspected as provided by the codes <under this section> if the
5-3 inspector determines, after an inspection of the completed building
5-4 or structure, that the building or structure complies with all
5-5 applicable codes and rules adopted by the county <the fire code>.
5-6 Sec. 235.005. FEES. (a) The commissioners court may
5-7 develop a fee schedule based on building or structure type and may
5-8 set and charge fees for a plan review, code compliance inspection,
5-9 and change of occupancy inspection and for <an inspection and> the
5-10 issuance of a building permit and <final> certificate of occupancy
5-11 as prescribed by the codes <compliance under this chapter>.
5-12 (b) The fees may <must> be set in amounts necessary to cover
5-13 the cost of administering and enforcing all codes and rules <this
5-14 chapter>.
5-15 (c) The county shall deposit fees received under this
5-16 chapter in a special fund in the county treasury, and money in that
5-17 fund may be used only for the administration and enforcement of
5-18 codes and rules and the training of inspection staff <the fire
5-19 code>.
5-20 Sec. 235.006. INJUNCTION. The appropriate attorney
5-21 representing the county in the district court may seek injunctive
5-22 relief to prevent the violation or threatened violation of any
5-23 applicable code or rule <the fire code>.
5-24 Sec. 235.007. CIVIL PENALTY. (a) The appropriate attorney
5-25 representing the county in civil cases may file a civil action in a
5-26 court of competent jurisdiction to recover from a person who
5-27 violates any applicable code or rule <the fire code> a civil
6-1 penalty in an amount not to exceed $1,000 <$200> for each day on
6-2 which the violation exists. In determining the amount of the
6-3 penalty, the court shall consider the seriousness of the violation.
6-4 (b) The county shall deposit amounts collected under this
6-5 section in the fund and for the purposes described by Section
6-6 235.005(c).
6-7 Sec. 235.008. APPLICATION. (a) A building, mechanical,
6-8 plumbing, gas, or electrical code adopted under this chapter
6-9 applies only to a building or other structure on which construction
6-10 begins on or after the effective date prescribed by the building,
6-11 mechanical, plumbing, gas, or electrical code.
6-12 (b) A fire code adopted under this chapter applies to a
6-13 building or other structure on which construction begins on or
6-14 after the effective date prescribed by the fire code and may be
6-15 made applicable to a building or structure on which construction
6-16 begins before that date to the extent that the commissioners court
6-17 or an appropriate official designated by the commissioners court
6-18 determines that the application is necessary to prevent a threat to
6-19 safety or property.
6-20 (c) For the purposes of this section, construction is
6-21 considered to begin on the date that ground is broken for the
6-22 building or structure, or if ground is not broken, on the date that
6-23 the first materials are added to the property.
6-24 (d) This section does not prohibit a county from requiring a
6-25 building or structure to be maintained as provided by applicable
6-26 codes.
6-27 SECTION 2. (a) An enforcement proceeding under Chapter 235,
7-1 Local Government Code, that is pending immediately before the
7-2 effective date of this Act is not affected by the amendment of
7-3 Chapter 235 by this Act. On or after the effective date of this
7-4 Act, the proceeding may be continued under Chapter 235 as it
7-5 existed immediately before the effective date of this Act, and the
7-6 former law is continued in effect for that purpose.
7-7 (b) A violation of a fire code adopted under Chapter 235,
7-8 Local Government Code, that occurred before the effective date of
7-9 this Act is not affected by the amendment of Chapter 235 by this
7-10 Act. On or after the effective date of this Act, the violation may
7-11 be made the subject of an enforcement proceeding under Chapter 235
7-12 as it existed immediately before the effective date of this Act,
7-13 and the former law is continued in effect for this purpose. A
7-14 violation is considered to have occurred before the effective date
7-15 of this Act only if each element of the violation occurred before
7-16 that date.
7-17 SECTION 3. The importance of this legislation and the
7-18 crowded condition of the calendars in both houses create an
7-19 emergency and an imperative public necessity that the
7-20 constitutional rule requiring bills to be read on three several
7-21 days in each house be suspended, and this rule is hereby suspended,
7-22 and that this Act take effect and be in force from and after its
7-23 passage, and it is so enacted.