HomeMy WebLinkAbout09-28-20 Regular Meeting of the La Porte City Council
Office of the Mayor
WHEREAS, one in three women and one in ten men report abuse in their relationships
in the form of physical, emotional, sexual, psychological and economic. Domestic
violence affects women, children and men of all racial, social, religious, ethnic and
economic backgrounds; and
WHEREAS, approximately 3.3 million children witness domestic violence annually, which
violence in the home is the strongest indicator that will be transferred to the next generation;
and everyone deserves to feel safe in their homes and communities; and
WHEREAS, no one person, organization, agency or community can eliminate domestic
violence on their own; but we can work together to educate our entire population about what
can be done to prevent domestic violence, support victim/survivors and their significant
others, and increase support for agencies providing services to victim/survivors; and
WHEREAS, Domestic Violence Awareness and Prevention Month provides an excellent
opportunity for citizens of La Porte and surrounding communities to reduce domestic violence
through prevention, education, increased awareness, encouraging every person to speak out
when witnessing acts of violence, taking time to talk about creating a healthy, respectful, and
safe community, and holding perpetrators who commit acts of violence responsible for their
actions.
NOW, THEREFORE, I, Louis R. Rigby, Mayor, do hereby proclaim the month of October 2020, as:
National Domestic Violence Awareness Month
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In Witness Whereof: I have hereto set my hand and caused the Seal of the City to be affixed hereto, this the 28 day of
September, 2020.
City of La Porte
______________________________
Louis R. Rigby, Mayor
LOUIS RIGBY
BILL BENTLEY
Mayor
Councilperson District 3
BRANDON LUNSFORD
THOMAS GARZA
Councilperson At Large A
Councilperson District 4
STEVE GILLETT
JAY MARTIN
Councilperson At Large B
Councilperson District 5
DANNY EARP
NANCY OJEDA
Councilperson District 1
Councilperson District 6
CHUCK ENGELKEN
Councilperson District 2
Mayor Pro-Tem
MINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF LA PORTE
SEPTEMBER 14, 2020
The City Council of the City of La Porte met in a regular meeting on Monday, September 14, 2020, at the City Hall
Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m., with the following in attendance:
Councilpersons present: Louis Rigby, Danny Earp, Chuck Engelken, Bill Bentley, Thomas Garza (left before the
invocation), Jay Martin
Councilpersons attending remotely: Brandon Lunsford, Steve Gillett, Nancy Ojeda
Councilpersons absent: None
Council-appointed officers present: Corby Alexander, City Manager; Lee Woodward, City Secretary; Clark Askins,
Assistant City Attorney
1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. Mayor Rigby reminded Councilperson Garza
that The
Mayor reminded Councilperson Garza that he had the opportunity to attend the meeting electronically and could go to
his office in City Hall. Councilperson Garza said he was exempted from wearing a face covering for medical reasons and
would not be wearing one. The Mayor asked the Sergeant-at-Arms to remove Councilperson Garza. Councilperson
Garza moved tharection. The motion did not receive a second and was not
considered. Councilperson Garza was escorted from the room.
2. INVOCATION The invocation was given by Reverend Kevin Gilmore, First Methodist Church, and pledges were led
by Councilperson Jay Martin.
3. CITIZEN COMMENT (Generally limited to five minutes per person; in accordance with state law, the time may be reduced
if there is a high number of speakers or other considerations.)
Barbara Norwine expressed a concern about Bandido and Nomad motorcycle gang members in the community.
Deborah Arrona offered her concern about District 4 residents not having adequate representation due to the Council
requirement for face coverings. Mayor Rigby shared with Mrs. Arrona that there were three at-large members of the
Council to represent all City districts and also that Councilperson Garza was able to attend meetings remotely and had
not chosen to. Without objection, the Council agreed to permit Alton Porter to speak during item 5(c).
4.CONSENT AGENDA (Approval of Consent Agenda items authorizes each to be implemented in accordance with staff
recommendations provided. An item may be removed from the consent agenda and added to the Statutory Agenda for
full discussion upon request by a member of the Council present at this meeting.)
a.Approve the minutes of the City Council meeting held on August 24, 2020. \[Louis R. Rigby, Mayor\]
b.Adopt Ordinance 2020-3798, changing the number of authorized Patrolmen for the Police Department from
sixty (60) to sixty-three (63). \[Steve Deardorff, Chief of Police\]
c.Accept right-of-way dedication deed to allow for construction of sidewalk on north side of W. Main St.,
between 7th Street and 8th Street. \[Ray Mayo, Public Works Director\]
Page 1 of 3
September 14, 2020, Council Meeting Minutes
d.Reject all bids received regarding Sealed Bid #20010 for the Five Points Plaza Enhancements Pavilion and
Restrooms Project. \[Ray Mayo, Public Works Director\]
Mayor Pro Tem Engelken moved to approve the consent agenda with an amendment to rebid item d and bring it
back to the Council; the motion was seconded by Councilperson Earp; the motion was adopted, 8-0.
5. STATUTORY AGENDA
a. Presentation, discussion, and possible action to adopt Ordinance 2020-3797, amending Ordinance 2020-
3787 to update the order of election for the City of La Porte 2020 General Election, in relation to early voting
locations, dates, and hours. \[Lee Woodward, City Secretary\]
Mayor Pro Tem Engelken moved to adopt Ordinance 2020-3797, amending Ordinance 2020-3787 to update the
order of election for the City of La Porte 2020 General Election, in relation to early voting locations, dates, and
hours; the motion was seconded by Councilperson Earp; the motion was adopted, 8-0.
b.Presentation, discussion, and possible action to approve candidates to the Texas Municipal League
Intergovernmental Risk Pool Board of Trustees for a six-year term. \[Corby Alexander, City Manager\]
Mayor Pro Tem Engelken moved to approve the staff-recommended candidates for Places 2-4 to the Texas
Municipal League Intergovernmental Risk Pool Board of Trustees for a six-year term; the motion was seconded by
Councilperson Earp. Mayor Pro Tem Engelken moved to amend his motion to write in Corby Alexander, City
Manager of La Porte, Texas, for Place 1; the motion was seconded by Councilperson Earp; the motion was adopted
8-0. The amended main motion was adopted, 8-0.
Place 1 - Corby Alexander, City Manager, City of La Porte
Place 2 - John W. Fullen (Incumbent), Mayor of the City of Henderson
Place 3 - Jeffery Snyder (Incumbent), City Manager for the City of Plainview
Place 4 - Kimberly Meismer, Executive Director for General Operations for Kerrville
c.Presentation, discussion, and possible action regarding a petition by land owners for disannexation of a
4.8635-acre tract of land and a 3.8135-acre tract of land, both situated in the Enoch Brinson League,
Abstract 5, Harris County, Texas. \[Corby Alexander, City Manager\]
Mayor Pro Tem Engelken moved that staff bring back an ordinance approving a petition by land owners for
disannexation of a 4.8635-acre tract of land and a 3.8135-acre tract of land, both situated in the Enoch Brinson
League, Abstract 5, Harris County, Texas; the motion was seconded by Councilperson Martin; the motion was
adopted 7-1, Councilperson Earp voting against.
d.Consider and discuss adjustments to the City's Fiscal Year 2020-21 Proposed Budget. \[Corby Alexander,
City Manager\]
Michael Dolby, Finance Director, reviewed the PowerPoint presentation. Councilperson Martin confirmed the
Council would be able to review the expense allocations in Coronavirus Relief. Mr. Alexander committed to providing
budgetary impact for a minimum employee $10/hour rate to the Council by the end of the week.
6.REPORTS
a. Receive a report on the Fiscal Affairs Committee meeting. \[Mayor Pro Tem Engelken\]
Mayor Pro Tem Engelken said the Fiscal Affairs Committee considered purchasing card expenditures and received
the third-quarter investment report.
b.Receive a report on the Drainage and Flooding Committee meeting. \[Councilperson Martin\]
Councilperson Martin said the Drainage and Flooding Committee heard updates from the City Engineer on current
and upcoming projects and would hold the next meeting on October 12.
Page 2 of 3
September 14, 2020, Council Meeting Minutes
7.ADMINISTRATIVE REPORTS
Planning and Zoning Commission meeting, September 17
Zoning Board of Adjustment meeting, September 24
La Porte Development Corporation Board meeting, September 28
City Council meeting, September 28
City Manager Corby Alexander said there were no reports.
8.COUNCIL COMMENTS Hear announcements concerning matters appearing on the agenda; items of community
interest; and/or inquiries of staff regarding specific factual information or existing policy from the Mayor,
Councilmembers, and City staff, for which no formal action will be discussed or taken.
Councilpersons thanked Barbara Norwine and Deborah Arrona for their comments and the Mayor for responding, noting
ularly its ability to be performing as well
as it is in the conditions related to COVID; asked the City Manager for a status on completion of the new Spencer
s of Procedure and
the ability of Councilpersons to attend meetings remotely.
9. EXECUTIVE SESSION The City Council will convene in closed session as authorized by Texas
Government Code Sec. 551.071(1)(A) - Pending or Contemplated Litigation, to discuss SV Sons Hwy.
146, LLC vs. City of La Porte. \[Clark T. Askins, Assistant City Attorney\]
The Council adjourned into executive session at 7:06 p.m.
10. RECONVENE into regular session and consider action, if any, on item(s) discussed in executive session.
The Council reconvened into open session at 7:54 p.m.
ADJOURN Without objection, Mayor Rigby adjourned the meeting at 7:54 p.m.
_______________________________
Lee Woodward, City Secretary
Page 3 of 3
September 14, 2020, Council Meeting Minutes
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: September 28, 2020
Requested By: Source of Funds: N/A
Mayor Rigby
Department:
City Council
Account Number: N/A
Amount Budgeted: N/A
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Ordinance 2020-3799
Budgeted Item: Yes No
SUMMARY & RECOMMENDATION
Effective October 1, 2012, La Porte Municipal Court became a municipal court of record
with a Presiding Judge and Alternate Judges, serving terms of four years effective
October 1, 2016, and expiring on September 30, 2020. The proposed ordinance
reappoints Denise C. Mitrano as Presiding Judge and Dick H. Gregg III, Chris Gore,
and John C. Cardenas as Alternate Judges for a term beginning October 1, 2020, and
expiring on September 30, 2024. Judge Mitrano respectfully recommends re-
appointment for herself and the alternate judges.
ACTION REQUIRED BY CITY COUNCIL
Adopt Ordinance 2020-3799 to reappoint the Presiding Judge and three Alternate
Judges.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE 2020-3799
ANORDINANCE APPOINTING A PRESIDING JUDGE AND ALTERNATE JUDGES FOR THE
MUNICIPAL COURT OF RECORD IN THE CITY OF LA PORTE, TEXAS, FOR A TERM OF
FOUR YEARS, EFFECTIVE OCTOBER 1, 2020, AND EXPIRING SEPTEMBER 30, 2024;
CONTAINING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
The City Council of the City of La Porte, Texas, hereby appoints Denise C.
Section 1. Mitrano as the
Presiding Judge of the Municipal Court of Record in the City of La Porte, Texas.
The City Council of the City of La Porte, Texas, hereby appoints Dick H.
Section 2. Gregg, III as Alternate
Judge of the Municipal Court of Record in the City of La Porte, Texas.
The City Council of the City of La Porte, Texas, hereby appoints Chris Gore
Section 3. as Alternate Judge
of the Municipal Court of Record in the City of La Porte, Texas.
The City Council of the City of La Porte, Texas, hereby appoints John C.
Section 4. Cardenas as Alternate
Judge of the Municipal Court of Record in the City of La Porte, Texas.
Each of the above appointees shall serve for a term of four (4) years, effective
Section 5. October 1, 2020,
and expiring on September 30, 2024, and shall receive compensation as may be fixed by City Council.
If any section, sentence, phrase, clause or any part of any section, sentence,
Section 6. phrase or clause of
this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions
of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each
section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence,
phrase or clause, or part thereof, may be declared invalid.
All ordinances or parts of ordinances in conflict herewith are repealed to the
Section 7. extent of such
conflict only.
Section 8. The City Council officially finds, determines, recites, and declared that a sufficient written notice
of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to
the public at the City Hall of the City for the time required by law preceding this meeting, as required by the
Open Meetings Act, Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms such written
notice and the contents and posting thereof.
Section 9: This ordinance shall be effective from and after its passage and approval, and it is so ordered.
PASSED AND APPROVED this, the ____________ day of September, 2020.
CITY OF LA PORTE, TEXAS
__________
Louis R. Rigby, Mayor
ATTEST APPROVED AS TO FORM
____________________________________ _________________________________
Lee Woodward, City Secretary Clark T. Askins, Asst. City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: September 28, 2020
Requested By: Source of Funds: N/A
Corby Alexander, City Mgr.
Department:
Administration/CMO
Account Number: N/A
Amount Budgeted: N/A
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Letter from Gas Innovations, Ordinance,
Budgeted Item: Yes No
2surveys & Map
SUMMARY & RECOMMENDATION
On June 8, 2020, the La Porte City Council discussed and denied Gas Innovations
petitioned for the City to de-annex a portion of their land within the city limits, which is
located northeast of the State Highway 225 and SH 146. At that time the applicant
indicated they intend to develop the property at some point in the future, but those plans
had not been confirmed. Portions of this property have previously been de-annexed in
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1987 and 2005. The applicants were not aware that this was on the June 8 agenda;
therefore, there was no representative from Gas Innovations to answer questions from
Council. Therefore, Gas Innovations approached staff subsequent to this denial and
asked if they could again request the City Council de-annex a portion of their property
within the city limits. Representatives from Gas Innovations. Gas Innovation
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representatives indicated to staff that they meeting
to be available for any questions and provide feedback of any concerns addressed by
Council.
The parcels the applicant is looking to de-annex are Harris County Appraisal District
#0642220000014 and #0642220000071. As mentioned previously this year, these two
properties are valued at $1,307,426 and $745,371, respectively. The de-annexation
would cost the City $5,246.95 per year in lost revenue. This is due to the difference in
revenue from the property being taxed at the City rate compared to the IDA rate.
Additionally, as a part of their 2005 de-annexation, Gas Innovations signed an Industrial
District Water Service Agreement.
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At the September 14 City Council meeting City Council discussed the request and
provided Gas Innovation representative Alton Porter to speak at the meeting
concerning the request. Moreover, City Council approved the de-annexation of Gas
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and bring it forward to the September 28City Council meeting. Therefore, staff
recommends City Council approving Ordinance #2020-3802 de-annexing portions of
Gas Innovations property that is within the city limits of La Porte.
ACTION REQUIRED BY CITY COUNCIL
Approve or deny Ordinance #2020-3802 for the de-annexation of a tract of land
containing 4.8635 acres (211,856 square feet), situated in the Enoch Brinson League,
Abstract 5, Harris County, Texas, being a portion of a called 13.967 acre tract of land
conveyed unto Crenshaw Real Properties II Ltd. by deed recorded under County
and a tract of land containing 3.811 acres, being the same as a called 3.8135 acre
in the
Enoch Brinson Survey, Abstract Number 5 Harris County, Texas.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2020-3802
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, DISANNEXING APPROXIMATELY 8.67
ACRES OF LAND FROM THE CITY OF LA PORTE, TEXAS; MAKING FINDINGS OF FACT;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETING ACT; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, y authorized by Texas Local
Government Code, Section 43.142 to disannex an area located within the Citycorporate limits, in accordance
with rules provided in the
WHEREAS, Article I, Section 1.03 provides that the City may disannex territory within the
City; and
WHEREAS, the owners of certain property located within the Cicorporate limits have petitioned the City
Council of the City of La Porte to disannex the real property, which petition is attached hereto as
Exhibit A and incorporated by reference; and
WHEREAS, the Petitioner acknowledges, and City Council finds, that during the time that the property has been
proportional to the amount of money the City spent for the direct benefit of the area during that period; and,
therefore, the City shall not be required to refund any taxes or fees to the Petitioner; and
WHEREAS, the Petitioner acknowledges, and City Council finds, that the Petition does not allege that the City
Council failed or refused to provide services or to cause services to be provided within the property with a period
required by statute or specified in a service plan prepared for the property; and, therefore, the disannexation does
not fall under the purview of Texas Local Government Code Section 43.141; and
WHEREAS, the Petitioner acknowledges, and the City Council finds, that the property to be disannexed does
not include a road or highway and as such the width requirements established in Texas Local Government Code
Section 43.147 for disannexation of roads or highways do not apply; and
WHEREAS, the City that the Property be disannexed from the corporate
territorial limits of the City; and
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WHEREAS, the City Council has determined that the disannexation of the property is in the interest of both the
City and citizens of the City of La Porte, Texas;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS, THAT:
Section 1. Findings. The recitals and findings set forth above are found to be true and correct and are hereby
incorporated into this Ordinance for all purposes as if fully set forth herein.
Section 2. Disannexation. That the property that is the subject of the Petition for disannexation and that is
, is
hereby disannexed from the corporate limits of the City of La Porte and discontinued as a part of the City of La
Porte so that the same will no longer be a part of the City of La Porte for any purpose whatsoever.
Section 3. Relinquishment of Rights. The City of La Porte hereby relinquishes any and all right,
jurisdiction or control over the Property.
Section 4. Service Plan. That the Service Plan previously adopted for the Property is no longer in effect as
to the subject property only.
Section 6. Official Map and Boundaries. That the official map and boundaries of the City, heretofore
adopted and amended, be and hereby are amended so as to remove the Property from the territorial limits of La
Porte, Texas.
Section 7. Intent. It is not the intent of the City Council, by the approval and adoption of this Ordinance, that
the City disannex any other property other that the Property as described in Exhibit B .
Section 8. Severability. That if any provision of this Ordinance or the application of any provision to any
person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the
Ordinance which can be given effect without the invalid provision or application, and to this end the provisions
of this Ordinance are declared to be severable.
Ќ
Section 9. Repeal. All ordinances or parts of ordinances in force when the provisions of this Ordinance
become effective which are inconsistent with or in conflict with the terms and provisions contained herein are
hereby repealed only to the extent of such conflict.
Section 10. Open Meetings. It is officially found and determined that the meeting at which this Ordinance
was passed was open to the public as required and that public notice of the time, place, and purposed of said
meeting was open to the public as required by the Open Meetings Act, Chapter 551, Texas Government Code.
Section 11. Delivery to County Clerk. The City Secretary is authorized and directed to forthwith cause a
certified copy of this Ordinance to be delivered to the County Clerk of Harris County, Texas, as required by Sec.
41.0015 of the Texas Local Government Code.
Section 12. Effective Date. This ordinance shale take effect immediately from and after its passage and it is
accordingly so ordained.
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PASSED AND APPROVED on this 28 day of SEPTEMBER, 2020.
CITY OF LA PORTE, TEXAS
_______________________________
Louis Rigby, Mayor
ATTEST:
_______________________________
Lee Woodward, City Secretary
APPROVED AS TO FORM:
_______________________________
Clark Askins, Assistant City Attorney
GAS INNOVATIONS
18005 E. Highway 225 La Porte, TX 77571
_______________________________________________________________________________________________________________________________
Mr. Corby Alexander May 12, 2020
City of La Porte
604 W. Fairmont Pkwy
La Porte, TX 77571
Dear Mr. Alexander,
The following is to request the de-annexing of certain properties currently annexed to the City of La
Porte.
Jason Willingham and Ashley T. Madray purchased the properties as individuals in the partnership, A & J
Leasing, LLP. Federal Tax ID No., 20-0836465 The properties are identified as:
1. Tract of land containing 4.8635 acres (211,856 square feet), situated in the Enoch Brinson League,
Abstract 5, Harris County, Texas, being a portion of a called 13.967 acre tract of land conveyed
unto Crenshaw Real Properties II Ltd. by deed recorded under County Clerks File No.
20070706637 of the Official Public Records of Harris County, Texas.
2. Tract of land containing 3.811 acres, being the same as a called 3.8135 acre tract as recorded in
Harris County Clerks File No. 20100329409, being located in the Enoch Brinson Survey,
Abstract Number 5 Harris County, Texas.
Gas Innovations/WWS currently operates a business on the said properties (Federal Tax No. 01-743118).
Please share this letter with other City of La Porte personnel as needed, and please direct them to me for
any additional information that may be required.
Thank you for your assistance
Respectfully,
Chris Brandt
VP Operations
Gas Innovations
Phone 281-471--471-2201
146
GAS INNOVATIONS
DE-ANNEXATION
PROPOSAL
The City of La Porte embraces its heritage,
community values, and opportunities, while
improving the quality of life for our residents.
DRAFT
NOT TO BE USED AS A
LEGAL BOUNDARY MAP
PROPOSED PARCELS TO DE-ANNEX
GAS INNOVATIONS PROPERTY
ROAD
RAILROAD
LA PORTE CITY LIMIT
BATTLEGROUND
BATTLEGROUND INDUSTRIAL
INDUSTRIAL
DISTRICT (ETJ)
DISTRICT (ETJ)
0200400
FEET
225
LA PORTE
HARRIS
TX
TX
COUNTY
GyaBnotsevla
TX
Galveston
Bay
MAP PREPARED SEPTEMBER 2020
CITY OF LA PORTE PLANNING AND DEVELOPMENT
GIS DIVISION
NAD 1983 STATE PLANE TEXAS SOUTH CENTRAL
Disclaimer: This product is for informational purposes and may not have been prepared for or be suitable for legal,engineering, or surveying purposes. It does not represent an on-the-ground
survey and represents only the approximate relative location of property boundaries. Gov. C. §2501.102. The user is encouraged to independently verify all information contained in
this product. The City of
La Porte makes no representation or warranty as to the accuracy of this product or to its fitness for a particular purpose. The user: (1) accepts the product AS IS, WITH ALL FAULTS;
(2) assumes all responsibility for the use thereof; and (3) releases the City of La Porte from any damage, loss, or liability arising from such use.
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: September 28, 2020
Source of Funds: N/A
Requested By: Corby Alexander, City Manager
Department: CMO/Administration
Account Number: N/A
Amount Budgeted: N/A
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Ordinance and 2019 Industrial District Agreement
Budgeted Item: Yes No
SUMMARY & RECOMMENDATION
The City of La Porte and Industry have agreed to renew the provisions of the Industrial District
Agreement for a twelve (12) year period. The current agreements expired on December 31, 2019,
the common date for the Battleground and Bayport Industrial Districts.
City Council has approved a total of 142 agreements. Staff has successfully contacted companies
with outstanding agreements and has reduced the number of unexecuted agreements to 11.
Staff recommends City Council authorize the execution of Industrial District Agreements with the
following industries:
Ordinance Number Industrial Company
2020-IDA-143
Matheson Tri-Gas, Inc.
2020-IDA-144
Matheson Tri-Gas, Inc.
2020-IDA-145
Texas Electric Equipment Co.
2020-IDA-146
Liberty Property LP
2020-IDA-147
Foremark Performance Chemicals, Inc.
2020-IDA-148
Solvay Chemicals, Inc.
2020-IDA-149
CRP TREP Fairmont Owner, LP
2020-IDA-150
CRP TREP New Decade Owner, LP
2020-IDA-151
United Rentals
2020-IDA-152
Notsuoh Development Corporation
2020-IDA-153
Airgas USA, LLC
2020-IDA-154
A&J Leasing
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly approve or deny Ordinances 2020-IDA-143
through 2020-IDA-153 authorizing the execution by the City of La Porte of
Industrial District Agreements listed above.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2020-IDA-01
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH ______________________________________, INC,
A _______________________ CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 2020,
AND ENDING DECEMBER 31, 2031; MAKING VARIOUS FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. ________________________, Inc, a ___________ Corporation has executed an industrial district
agreement with the City of La Porte, Texas, for the term commencing January 1, 2020, and ending December
31, 2031, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all
purposes.
Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte,
Texas, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La
Porte, Texas, the industrial district agreement with the corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of
the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the
public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open
Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as
required by law at all times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms such written
notice and the contents and posting thereof.
Section 4. This ordinance shall be effective from and after its passage and approval, and it is so ordered.
PASSED and APPROVED, this ________________ day of ___________________, 2019.
CITY OF LA PORTE, TEXAS
________________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________________ __________________________________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
NO. 2020 IDA-__'
'
STATE OF TEXAS '
'
COUNTY OF HARRIS '
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and ____________________________
______________, a _______________________ corporation, hereinafter
called "COMPANY",
W I T N E S S E T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land");
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby agree
with each other as follows:
I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however, 1)
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "C" and made a part hereof, 2) intermodal
shipping containers (including but not limited to freight and tank
containers) placed on Land belonging to Company shall be permitted
to be stacked wide
portion of Land contiguous to either Fairmont Parkway,
State Highway 225, or State Highway 146;
strip, intermodal shipping containers shall be eligible to be
stacked one additional container in height within and for each
behind and following
height, regardless of distance from Fairmont Parkway, State Highway
225, or State Highway 146; and 3) it is agreed that City shall have
the right to institute or intervene in any administrative and/or
judicial proceeding authorized by the Texas Water Code, the Texas
Clean Air Act, the Texas Health & Safety Code, or other federal or
state environmental laws, rules or regulations, to the same extent
and to the same intent and effect as if all Land covered by this
Agreement were not subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
2
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at City's expense, by an independent
appraiser of City's selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. The properties upon which the "in lieu of" taxes are assessed
are more fully described in subsections 1, 2, and 3 of subsection
C, of this Paragraph III (sometimes collectively called the
"Property"); provided, however, pollution control equipment
installed on the Land which is exempt from ad valorem taxation
pursuant to the provisions of Sec. 11.31 of the Texas Property Tax
Code is exempt from ad valorem taxation and "in lieu of taxes"
hereunder. Property included in this Agreement shall not be
entitled to an agricultural use exemption for purposes of computing
B. On or before the later of December 31, 2020, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2031, Company
shall pay to City an amount in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year").
C. Company and City agree that the following percentages
Value Year 2020: 64%
Value Year 2021: 64%
Value Year 2022: 64%
Value Year 2023: 64%
Value Year 2024: 64%
Value Year 2025: 64%
Value Year 2026: 64%
Value Year 2027: 64%
Value Year 2028: 64%
Value Year 2029: 64%
Value Year 2030: 64%
Value Year 2031: 64%
Company agrees to pay to City an amount of
personal property in the unannexed area equal to the sum
of:
3
1. Percentage Amount of the amount of ad valorem taxes
which would be payable to City if all of the Company's
Land and improvements which existed on January 1, 2020,
and each January 1 thereafter of the applicable Value
Year during the term of this Agreement, (excluding
amounts which would be so payable with respect to any
Substantial Increase in value of such Land and
improvements to which subparagraph 2, below applies),
had been within the corporate limits of City and
appraised each year by City's independent appraiser, in
accordance with the applicable provisions of the Texas
Property Tax Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2019, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%), where construction is completed in
Value Years 2020 through 2031, of the amount of ad
valorem taxes which would be payable to City if all
of said new construction had been within the
corporate limits of City and appraised by City's
independent appraiser, in accordance with the
applicable provisions of the Texas Property Tax
Code. The eligible period for application of said
thirty percent (30
total of six (6) Value Years.
In the case of new construction which is completed
in Value Year 2028 or later, and provided, further,
that City and Company enter into an Industrial
District Agreement after the expiration of this
Industrial District Agreement, then, and in such
events, such new construction shall be entitled to
additional Value Years under the new Agreement at a
Thirty percent (30%) valuation under this
subparagraph (a), for a total of six (6) Value
Years, but not extending beyond Value Year 2034.
In the case of new construction which was completed
in Value Years 2016 through 2019 in accordance with
the previous Industrial District Agreement between
City and Company, such new construction shall be
subject to a Twenty percent 20%)valuation through
Value Year 2022, and a Thirty (30%) valuation for
any additional Value Years beyond Value Year 2022,
for a total of six (6) Value Years.
(b) Application of the thirty percent (30
rate for Substantial Increase in value of the Land,
4
improvements, and tangible personal property
dedicated to new construction is limited to new
construction purposed for or related to
manufacturing and processing uses. In no case shall
Company be entitled to application of the thirty
percent (30%)
Increase in value of the Land, improvements, and
tangible personal property dedicated to new
construction where the new construction is purposed
for or related to uses for warehousing, storage,
distribution, and/or general freight trucking and
transportation, as well as general commercial
uses, such as truck stops, rental facilities, or
repair shops.
(c) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2019; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(d) If existing Property values have depreciated below
the Property value established on January 1, 2019,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2019, value; and
3. Percentage Amount of the amount of ad valorem taxes
which would be payable to City on all of the Company's
tangible personal property of every description, located
in an industrial district of City, including, without
limitation, inventory, (including inventory in a federal
Foreign Trade Zone and including Freeport exempted
inventory), oil, gas, and mineral interests, items of
leased equipment, railroads, pipelines, and products in
storage located on the Land, if all of said tangible
personal property which existed on January 1, 2020, and
each January 1 thereafter of the applicable Value Year
during the term of this Agreement, (excluding amounts
which would be so payable with respect to any
Substantial Increase in value of such tangible personal
property to which subparagraph 2, above applies), had
been within the corporate limits of City and appraised
each year by the City's independent appraiser, in
accordance with the applicable provisions of the Texas
5
Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
4. Notwithstanding the above, should City elect to grant
the freeport inventory exemption authorized by Article
VIII, Section 1-j of the Texas Constitution and Section
11.251 of the Texas Property Tax Code to taxpayers
within the City limits, then the freeport inventory
exemption shall apply to parties to this Agreement.
Further, should inventory or any other class or type of
property become exempt from taxation by constitutional
amendment or act of the Texas Legislature (including,
but not limited to, Article VIII, Section 1-n, of the
Texas Constitution and Section 11.253 of the Texas
Property Tax Code), such class or type of property shall
be exempt for purposes of this Agreement, unless the
City Council of the City of La Porte shall by Ordinance
provide for the continued taxation of such property
under the authority of any applicable provisions of the
Texas Constitution and Texas Statutes.
5. City and Company acknowledge circumstances might require
the City to provide emergency services to Company's
Property described on Exhibit "A" attached hereto.
Emergency services are limited to fire, police, and
public works emergency services. If Company is not a
member of Channel Industries Mutual Aid Association
(CIMA), Company agrees to reimburse City for its costs
arising out of any emergency response requested by
Company to Company's property, and to which City agrees
to respond. If Company is a member of CIMA, the
obligations of Company and City shall be governed by the
CIMA agreement, to which agreement City is a party.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2020, and continuing thereafter until December 31,
2031, unless extended for an additional period or periods of time
upon mutual consent of Company and City, as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2031, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Local Government Code Section
, is amended, or any new legislation is thereafter
6
enacted by the Legislature of the State of Texas which imposes
greater restrictions on the right of City to annex land belonging
to Company or imposes further obligations on City in connection
therewith after the annexation of such land, Company will waive the
right to require City to comply with any such additional
restrictions or obligations and the rights of the parties shall be
then determined in accordance with the provisions of said laws as
the same existed on January 1, 2019.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, and except as otherwise
provided in Article VI(B), Company agrees to pay to City on or
before the date therefore hereinabove provided, at least the total
of (a) the total amount of ad valorem taxes on the annexed
portions, plus (b) the total amount of the "in lieu of taxes" on
the unannexed portions of Company's hereinabove described property
which would be due to City in accordance with the foregoing
provisions of this Agreement on the basis of renditions which shall
be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder,
or City shall make payment to Company of any refund due, as the
case may be, based on such final valuation, together with
applicable penalties, interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) calendar days of receiving , give written
notice to the City of such disagreement. In the event Company does
not give such written notice of disagreement within such time
period, the appraisal made by said independent appraiser shall be
final and controlling for purposes of the determination of "in lieu
of taxes" payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
7
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI(B).
Notwithstanding any such disagreement by Company, Company agrees to
pay to City on or before December 31 of each year during the term
hereof, at least the total of (a) the ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu"
payments which would be due hereunder on the basis of Company's
written valuations statement submitted to City by Company
hereunder, or the total assessment and "in lieu of taxes" thereon
for the last preceding year, whichever is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a
written request that the Chief Judge of the U.S.
District Court for the Southern District of Texas
appoint the third arbitrator who, (as the "Impartial
Arbitrator") shall preside over the arbitration
proceeding. The sole issue to be determined in the
arbitration shall be resolution of the difference
between the parties as to the fair market value of
Company's property for calculation of the "in lieu"
payment and total payment hereunder for the year in
question. The Board shall hear and consider all
relevant and material evidence on that issue including
expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall
bear its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
8
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
Without such agreement neither party hereto would enter into this
Agreement. In the event any one or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
XII.
Notices by a party to the other party hereto, shall be mailed or
delivered as follows:
To the City of La Porte: City Manager
9
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
To Company: ______________________________
(COMPANY)
Attention:___________________ Department
______________________________
______________________________
Company shall promptly notify City of any change of ownership of
Property, any assignment of this Agreement, and of any change of
billing address.
Company shall notify City annually, on or before June 1, of any
changes to the following information:
Plant Manager
Name: _________________________
Address:_________________________
_________________________
Phone: _________________________
Fax: _________________________
Email: _________________________
Tax Agent/Billing Contact
Name: _________________________
Address:_________________________
_________________________
Phone: _________________________
Fax: _________________________
Email: _________________________
ENTERED INTO effective the 1st day of January, 2020.
________________________________
(COMPANY)
By: ______________________________
Name:______________________________
Title:_____________________________
Address:___________________________
____________________________
ATTEST: CITY OF LA PORTE, TEXAS
___________________________ By: ______________________________
City Secretary Louis R. Rigby
Mayor
10
APPROVED:
___________________________ By: ______________________________
Knox W. Askins Corby D Alexander
City Attorney City Manager
City of La Porte
P.O. Box 1218 CITY OF LA PORTE, TEXAS
La Porte, TX 77572-1218 604 West Fairmont Parkway
281.471.1886 La Porte, TX 77571
281.471.2047 fax
knoxaskins@comcast.net
STATE OF TEXAS '
'
COUNTY OF HARRIS '
This instrument was acknowledged before me on the __ day of
___________, 20__, by ____________________, _____________________
of ______________________ corporation, a __________ corporation, on
behalf of said entity.
______________________________
Notary Public, State of Texas
STATE OF TEXAS '
'
COUNTY OF HARRIS '
This instrument was acknowledged before me on the ____ day of
___________, 20__, by Louis R. Rigby, Mayor of the City of La
Porte, a municipal corporation, on behalf of said entity.
______________________________
Notary Public, State of Texas
11
"EXHIBIT A"
(Metes and Bounds Description of Land)
12
"EXHIBIT B"
Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
13
"EXHIBIT C"
Page 1 of 3
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers, as well as the stacking of intermodal shipping
containers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, State Highway 225, or State
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
Freestanding identification signs for multiple
businesses shall not exceed 350 square feet.
Freestanding identification signs shall not exceed 45
feet in height.
Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. Intermodal shipping containers (including by not limited to
freight and tank containers) shall be permitted to be stacked
only to a maximum of two (2) containers in height in the said
In those instances where shipping containers are
the screening
requirements established in paragraph 3 immediately below
shall apply.
3. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, State Highway
225, or State Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
14
"EXHIBIT C"
Page 2 of 3
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3:1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground
cover that after 5 years growth will be at least 20 feet
in height and shall, together with shrubs and ground
cover, create a continuous visual screen. Provided,
however, in public utility easements or rights-of-way,
the vegetation shall be installed and maintained in a
manner which is acceptable to the public utility
company, and does not interfere with the operation and
maintenance of the public utility facilities.
For items b and c above, the actual length of required
screening along the roadway will be equal to the length
of the new development that is parallel to the roadway.
Screening shall not be required for new development that
is to the rear of or behind existing facilities.
In all cases the 50' strip, along the entire roadway
frontage, shall be dedicated as a landscape easement and
shall be kept free from any improvements except for
approved driveway access and identification signs.
For cases of new development or improvements where a 50'
landscape easement is not available or practical,
Company shall meet with City to determine a suitable
landscaping alternative.
d) In the case of land contiguous to Fairmont Parkway, in
addition to the other requirements of these Rules and
Regulations, Company shall dedicate to City by Plat a
ten foot (10') wide pedestrian and bicycle easement,
extending along Company's Fairmont Parkway boundary,
within the fifty foot (50') landscape easement. The
pedestrian easement shall not be within any pipeline
facility, except for necessary crossings.
4. Driveways opening from said strip of land onto State Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is more
restrictive.
"EXHIBIT C"
15
Page 3 of 3
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restrictive.
5. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
6. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
16
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: September 28, 2020
Source of Funds:
Requested By: Michael G. Dolby, Director
Department: Finance
Account Number:
Amount Budgeted:
Report Resolution Ordinance
Amount Requested:
Exhibits: Ordinance and Proposed FY2021 Budget
Budgeted Item: Yes No
Presentation
SUMMARY & RECOMMENDATION
The La Porte City Council held a budget workshop on August 10, 2020 to discuss
proposed budgets for the fiscal year beginning October 1, 2020 and ending September
th
30, 2021. A follow-up review was on the September 14 agenda. The Summary of
Funds, which is shown below, represents the result of the workshops and subsequent
reviews held with City Council. All changes made by City Council were incorporated
into the various budgets.
Revised 2020 Proposed 2021
General Fund $ 51,901,303 $ 60,835,130
Grant Fund 8,799,445 10,567,103
Street Maintenance Sales Tax Fund 4,798,064 3,232,000
Emergency Services District Sales Tax 1,273,830 1,376,338
Fund
Hotel/Motel Occupancy Tax 753,860 739,543
Economic Development Corporation 2,551,223 1,774,628
Tax Increment Reinvestment Zone 3,601,775 2,931,532
Utility 7,973,347 8,472,426
Airport 115,681 91,730
La Porte Area Water Authority 1,954,165 2,125,393
Motor Pool 2,833,019 3,172,859
Insurance Fund 8,960,190 9,867,814
Technology Fund 215,822 691,485
General Capital Improvement 16,064,487 4,171,741
Utility Capital Improvement 3,696,356 1,525,000
Sewer Rehabilitation Capital 300,000 350,000
Improvement
Drainage Improvement Fund 1,236,614 4,205,000
General Debt Service 4,625,718 4,363,779
Total of All Funds $121,654,899 $120,493,501
There is no change in the Tax Rate, which has remained constant at $0.71 for the last
(32) thirty-two years. Staff recommends City Council approving an Ordinance adopting
the FY 2020-21 Budget.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly approve or deny an Ordinance for the City of La
Fiscal Year 2020-21 Budget.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE 2020-3800
AN ORDINANCE APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF LA PORTE,
TEXAS, FOR THE PERIOD OF OCTOBER 1, 2020, THROUGH SEPTEMBER 30, 2021; FINDING
THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND
PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that an
annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the beginning
of the fiscal year of said City, and that a public hearing be held prior to the adoption of said Budget; and
WHEREAS, the Budget for the fiscal year October 1, 2020, through September 30, 2021, has heretofore been
presented to the City Council and due deliberation had thereon, was filed in the office of the City Secretary on
July 27, 2020, and a public hearing scheduled for September 28, 2020, was duly advertised and held.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for consideration,
a complete copy of which is on file with the City Secretary and incorporated hereto by reference, is hereby adopted
as the Budget for the said City of La Porte, Texas, for the period of October 1, 2020, through September 30, 2021.
SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and
necessary to the adoption of said Budget have been performed as required by charter or statute.
SECTION 3: The City Council officially finds, determines, recites and declares that a sufficient written notice
of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the
public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open
Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as
required by law at all times during which this Ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice
and the contents and posting thereof.
SECTION 4: This ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this, the _______________ day of September, 2020.
CITY OF LA PORTE, TEXAS
_________________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
_________________________________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
Changes from Published Proposed Budget
General Fund
Human Resources -$20,000 increase for Unemployment
Compensation
Fire Marshal Office -$46,649 reduction for Option 1 –Deputy Only
Non-Departmental -Increase hourly wages to $10/hour –$100,000
Grant Fund
Coronavirus Relief Fund –$1,948,265 added
Tax Increment & Reinvestment Zone Fund -$2,931,532
Debt Service Transfers –remove and utilize excess debt service
fund balance
$662,356 -Utility Fund
$773,470 -Economic Development
Summary for Hourly Wage Increase
The total projected budget impact of these proposed changes with benefits is $100,000.
The current contract for solid waste labor stipulated a minimum hourly wage of $9.50 although
the current rate being used is $10.00. That contract is up for renewal in January of 2021 if
Council wants to stipulate a $10.00/hour minimum rate.
Budget Highlights for Fiscal Year 2020
No property tax rate increase
No utility fund rate increase
Merit increases for non-civil service employees ($552,344)
Meet & confer increases for civil service employees ($280,000)
No change to health insurance employee contributions
Capital projects of approximately $13.8 million
(Including $3.2 million from Street Maintenance Sales Tax Funding)
Budget Highlights for Fiscal Year 2020
Vehicle replacement of $1,826,111
$8.4 million from the General Fund for CIP
$4.0 million transfer from General Fund for Insurance Fund
Proposed New Staff (FTE)
Deputy Fire Marshal
Commercial DOT Officers (3)
Adoption Center Specialist
Court Specialist (Upgrade to Full-time)
Facilities Maintenance Manager
Building Maintenance Technician (2)
Consolidated Summary of All Funds
Working Working
(In millions)
Capital FY 20-21 FY 20-21 Capital
09/30/20 Revenues Expenses 09/30/21
Governmental Fund Types:
General Fund $ 59.01 $ 54.02 $ 60.84 $ 52.19
Grant Fund 2.35 10.25 10.57 2.03
Emergency Services District 1.60 1.50 1.38 1.72
Street Maintenance Sales Tax (0.31)3.61 3.23 0.07
Section 4B Sales Tax 4.61 3.02 1.77 5.86
Hotel/Motel Occupancy Tax 1.85 0.76 0.74 1.87
Tax Increment Reinvestment 4.81 6.76 2.93 8.65
Total Governmental Types 73.91 79.93 81.46 72.38
Enterprise:
Utility 8.66 8.26 8.47 8.46
Airport 0.08 0.05 0.09 0.04
La Porte Area Water Authority 2.15 2.33 2.13 2.36
Total Enterprise 10.90 10.64 10.69 10.85
Consolidated Summary of All Funds
Working Working
(In millions)
Capital FY 20-21 FY 20-21 Capital
09/30/20 Revenues Expenses 09/30/21
Internal Service
Motor Pool 6.42 3.79 3.17 7.03
Insurance Fund 0.71 10.33 9.87 1.17
Technology Fund 2.53 0.55 0.69 2.39
Total Internal Service 9.65 14.67 13.73 10.59
Capital Improvement:
General CIP Fund 1.22 2.99 4.17 0.04
Utility CIP Fund 0.67 0.86 1.53 0.01
Sewer Rehabilitation 0.60 0.30 0.35 0.56
Drainage Improvement Fund 0.14 4.10 4.21 0.03
Total Capital Improvement 2.64 8.25 10.25 0.63
Debt Service:
General 4.55 3.43 4.36 3.62
Total Debt Service 4.55 3.43 4.36 3.62
Total All Funds $ 101.64 $ 116.92 $ 120.49 $ 98.07
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: September 28, 2020
Source of Funds: 032 - Grant Fund
Requested By: Corby Alexander, City Mgr.
Department: Administration/CMO
Account Number: Various Divisions
Amount Budgeted: $1,948,265.00
Report Resolution Ordinance
Amount Requested: $701,039.79
Exhibits: __________________________________
Budgeted Item: Yes No
SUMMARY & RECOMMENDATION
In response to COVID-19, the Coronavirus Relief Fund (CRF) was established by the
CARES Act, which appropriated $150 billion to help state and local governments
address the economic impacts of the coronavirus. Harris County received a direct
allocation from the U.S. Treasury, and has established a Small Cities Assistance
Program (SCAP) to provide appropriate reimbursement of Coronavirus Relief Funds
(CRF) to the respective small cities within the county. Expenses that are eligible for
reimbursement under the SCAP must be incurred during the period that begins on March
1, 2020 and ends on December 30, 2020. The program allows Cities to take advantage
of funding of up to $55 per capita, provided the City meets County requirements. The
CRF allocation for La Porte is a maximum of $1,948,265.00. On August 24, 2020, City
Council approved an Interlocal Agreement with Harris County for the Small Cities
Assistance Program (SCAP). The City may now begin submitting requests for
reimbursement to the County.
At the beginning of August, Emergency Management staff began meeting with the City
potential CRF projects. Under the CARES Act and Harris County SCAP, hazard pay is
an eligible expense for certain public employees. Per the U.S. TreasuryCRF
Guidance for State, Territorial, Local, and Tribal Governments
2020,
and similar employees whose services are substantially dedicated to mitigating or
responding to the COVID-
under CRF. According to the guidance, local jurisdictions may presume that public
health and safety employees meet the The updated
guidance from the U.S. Treasury also clarifies that public safety employees include
(including state police officers), sheriffs and deputy sheriffs, firefighters,
emergency medical responders, correctional and detention officers, and those who
directly support such employees such as dispatche
Outside of public health and safety employees, it is up to the City to maintain
documentation of other employees that may be considered substantially dedicated.
To begin creating a proposal for hazard pay, staff needed to identify an appropriate
timeframe for eligibility. Staff chose to establish
March 24,
2020 to May 3, 2020. To identify which City employees should be considered eligible for
hazard pay, the Emergency Management Coordinator began by creating a database of
all employees who were physically at work during that period, along with the number of
hours worked. In creating the guidelines listed below, staff reviewed CRF guidance, as
well as Department of Homeland Security (DHS) guidance on the Essential Critical
Infrastructure Workforce that was utilized by Harris County during the Stay Home Order.
Staff established the following guidelines to determine which employees could be
considered eligible:
Public health and safety employees (Police, Fire, EMS, Dispatch, and support
staff)
Employees who were substantially dedicated to COVID-19 relief efforts (75% or
more of their time was dedicated to COVID mitigation or response)
Employees who performed a substantially different function due to COVID-19
Critical maintenance staff and field workers who were unable to perform their role
infrastructure and operations. They cannot work from home and the City cannot
suspend their work for any period of time.
Employees who were required to spend a significant amount of time engaging
with members of the public due to their role
Once this criteria was established, staff requested that each Department Director provide
a list of employees who could be considered eligible for hazard pay. This list was then
reviewed s Office. Approximately 250 employees are
included in the final proposal for hazard pay.
Emergency Management staff used this final list to create hazard pay options for each
eligible employee that ranged from $1 an hour for all hours worked to $20 an hour for all
hours worked. Based on thorough reviews of these options, staff is recommending the
City provide hazard pay at a rate of $14.50 an hour for each hour worked by eligible
employees during the timeframe from March 24, 2020 to May 3, 2020. The total cost of
this proposal is $701,039.79, with a base rate of $565,674.00, and $135,365.79 for
benefits. The proposal includes employees from the following groups:
Public Safety: $477,719.48
Employees in this category
were at a higher risk of exposure from community spread.
-19\]
for which the source of infection is unknownOur public safety employees were
at risk of being exposed to the unknown every time they responded to calls for
service and/or interacted with the public on a daily basis. As discussed above,
public safety also includes employees who provide direct support for public safety,
including dispatchers and supervisory personnel.
Office of Emergency Management: $8,050.49
Two e
dedicated (greater than 75% of their time) to mitigating and responding to COVID-
19 throughout the established time period.
Finance: $21,114.57
process and maintain systems for processing financial transactions and services
(e.g., payment, clearing, and settlement; wholesale funding; insurance services;
were required to continue collecting tax, utility billing, and permit payments, as
well as conduct meter reader services. These employees were at greater risk of
exposure to COVID-19 due to having face-to-face contact with the public to collect
payments and documents, and conduct other interactions with the public. Their
Public Works: $176,499.87
employees cannot work from home, and the City cannot suspend their work for
any period of time. The proposal would provide hazard pay to critical maintenance
staff and field workers who were unable to perform their role from home or in a
low risk setting. Employees included in this category are responsible for
maintaining City streets, collecting solid waste and heavy trash, maintaining the
distribution of drinking water, and providing for wastewater collection. These are
critical operations and services the City must continue to provide under any
circumstances.
Parks and Recreation: $3,099.80
The only time claimed for Parks employees would be for activities directly related
to COVID-19, such as purchasing and delivering meals to seniors, storing and
delivering COVID-19 related supplies to all departments, ensuring City parks and
facilities were in compliance with State and County orders (closure of parks,
basketball courts, benches, and playground equipment), disinfection of public
facilities, etc. Hazard pay would only be provided based on hours worked by
certain employees to carry out COVID-related activities.
Plans and Inspections: $14,555.58
tion was
considered essential.
Inspections employees were required to continue daily interaction with the public
to review building plans, meet with developers, and conduct building inspections.
The
placed certain employees at a greater risk of exposure to COVID-19. Staff carefully
evaluated what employees in each department were at an increased risk to determine
who should be eligible for hazard pay.
Including hazard pay, staff has developed the following proposed CRF funding plan for
consideration by City Council.
Proposed CRF Funding Plan:
With a total potential funding allocation of $1,948,265.00, staff is currently considering
implementation of the following projects . Project
eligibility and funding will ultimately be determined by Harris County. Estimated costs
are subject to change.
Project Current Estimated Cost
Expenses that are ineligible under the FEMA Public Assistance Program $36,268.82
The 25% match required by the FEMA Public Assistance Program, which $39,267.96
is only funded at 75%
Small Business Grant Program (if eligible)* $300,000.00
Residential Relief Program (if eligible)* $300,000.00
Hazard pay for eligible employees $701,039.79
Replace all remaining desktop computers in the City with laptops to $210,975.00
improve telework capabilities
Cover the additional, unforeseen costs associated with the November $43,063.27
election
Purchase a Customer Relationship Management (CRM) software $46,212.00
program (cost for first 3 years)
UV Light Sterilization system for building HVAC units; serves as air $75,000.00
sanitizer to improve indoor air quality and reduce bacteria, viruses, and
mold.
Convert all City building restrooms to touchless devices (sinks, toilets, $196,438.16
hand dryers)
*Staff is waiting to receive further guidance from Harris County to determine the eligibility
of a local Small Business Grant Program and Residential Relief Program, and whether
or not the City could implement their own programs or would be required to utilize the
If required to use the same eligibility criteria as the County
Recovery Fund, the requirements for businesses would be:
In business for the entire 2019 calendar year
Less than 30 employees
No outstanding tax liens or judgments, excluding 2019 property taxes
Demonstrative negative financial impact from COVID-19
Located in Harris County/La Porte
Must not have received other COVID-19 financial assistance
Money can be used to assist with: payroll, mortgage, utility, or other business
operating expenses
Grant funding not to exceed $25,000
Currently, the only County CRF-funded program available to assist residents is the
Emergency Rental Assistance Program, which is designed to provide emergency
financial assistance for critical rental assistance related to COVID-19. If required to use
the same eligibility criteria a
Program for residents, the requirements for a local residential relief program would be:
Must be 18 or older to qualify
Total household income cannot exceed 50% of the HUD Area Median Family
Income (HAMFI) limits
No other COVID assistance received through Harris County
Required Documentation: Proof of economic hardship due to COVID-19
(termination/furlough, unemployment application, etc.); Notice to vacate, proof of
a lack of resources, and any unpaid rent statements; and Personal Identification
and Lease Agreement
Will assist with payments or arrears of rent and rent-associated fees from the
period from March 2020 until December 2020
Maximum of $1,900 per household
Paid directly to landlords on behalf of eligible households; landlord must have
enrolled in the program for tenants to be eligible for assistance
The City may elect to transfer a portion of its CRF Small Cities Program allocation to the
Porte businesses and residents.
Staff Recommendation:
Staff recommends approval of the proposed CRF Funding Plan for the City of La Porte.
ACTION REQUIRED BY CITY COUNCIL
Consider adoption of the Coronavirus Relief Fund (CRF) Funding Plan.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: September 28, 2020
Source of Funds: 001 General Fund
Requested By: Grady Parker, Manager
Department: Administration/IT
Account Number: 0016066-519.4050
Amount Budgeted: None
Report Resolution Ordinance
Amount Requested: $209,525
Exhibits: Quotes from 3 vendors
Budgeted Item: Yes No
SUMMARY & RECOMMENDATION
The City of La Porte Technology Department is requesting the purchase of 145 new
laptops with 145 laptop docking stations. During the COVID pandemic the City of La
Porte technology department received a number of request from multiple departments
(Municipal Court, Finance, Planning & Development and Human Resources). The
Technology Department was not equipped to fulfil these request and essential
employees were directed to either come into the office or share laptops in a rotation to
accommodate the work from home order. By replacing the vast majority of user
desktops with laptops this will ensure the City of La Porte employees have the tools in
place to effectively and efficiently fulfil their job duties while in a remote location. Our
current desktop computers were purchased in 2016 and will be out of warranty and due
to be replaced in 2022. By taking this opportunity to replace 145 desktops with laptops
we start a new 5 year warranty window.
Dell, SHI, and Zones all are part of the Texas Department of Information Resources
(DIR) cooperative (DIR-TSO-3763). There will be no added software cost for replacing
the current desktops with laptops. The Technology staff will use our current enterprise
software licensing when imaging the new laptops. There will be no added maintenance
due to replacing desktops with laptops. The selected laptops are enterprise models and
all the internal parts are easily accessible for maintenance or repair.
There are inherent risks with any mobile device lost, stolen, damaged by drops and
security breaches. The Technology staff addresses the risk with constant
communication with the end users. We remind them to always keep an eye on your
device when they are in public places, always use a bag when traveling with a laptop.
updated and making sure each device has the required virtual private network (VPN)
client installed. By installing only the approved VPN client the end user is free to use
any available Wi-Fi in order to access City of La Porte data and resources. Without the
VPN the end user will not have any access to secured data other than there email and
personal files. By using a VPN and allowing end users to use any public Wi-Fi this
removes the need to purchase a MiFi device for every employee.
The requested purchase of the 145 laptops is an approved reimbursement through the
Coronavirus Relief Fund (CRF). The Office of Emergency Management has verified, if
the purchase is approved by City Council the funds will be reimbursed back into the
General Fund. Staff has received three (3) written quotes (attached) from:
Dell $210,975
Shi Government Solutions $214,600
Zones $240,410
We would like to purchase the Laptops directly from Dell at a cost of $184,875 and
purchase the docking stations from Zones at a cost of $24,650. This will make the total
cost of both the laptops and docking stations $209,525.
Once the 145 desktops are replaced staff intend to repurpose the desktops. After a
thorough inspections and any needed upgrades are performed, staff will work with the
Parks & Recreation Department to deploy the desktops to all the recreation centers,
which can be utilized by all La Porte residents.
Since this purchase exceeds $50,000, staff is recommending City Council approve the
purchase of 145 laptops from Dell to replace desktops to provide for work efficiencies
in an amount of $209,525.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly approve or deny the purchase of 145 laptops
with docking stations from Dell, which will be used for the replacement of 145
desktop computers.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
7/31/2020
Bill To:Ship To:Account # 0071078560
CITY OF LA PORTEGRADY PARKERQuote : K1575390
604 W FAIRMONT PARKWAYCITY OF LA PORTEPO# :
LA PORTE,TX 77571604 WEST FAIRMONT PARKWAY
Phone : (281) 471-5020LA PORTE, TX 77571
USA
Software prices subject to change
Hardware quotes are valid for 7 business days
Memory Prices are valid for 24 hours only, call for verification
REMIT PAYMENT TO:PLEASE SEND PURCHASEJade Jacobson
ZONES LLCORDERS DIRECTLY TO YOURAE
PO Box 34740ZONES LLC ACCOUNT MANAGERPhone:253-205-3586
Seattle WA 98124-1740VIA FAX OR EMAIL
Email:Jade.Jacobson@zones.com
Item #Qty.Mfr. NameDescriptionManufacturers Part #Unit PriceTotal
008114292-CLP145DELL RESELLERDell Latitude 5510 - Intel i7 - 16GB - 500GB HDD3000065916246.11488.00215,760.00
DIVISION- 15.6in NonTouch - W
Non-returnable item
O 00162805145ZONES INC (ITD)Dell Dock- WD19 90w Power Delivery - 130w ACO 00162805 SPO170.0024,650.00
SPO N
ASK US ABOUT
Sub-Total:$240,410.00
Installation Services
Estimated Sales Tax:$0.00
On-site Technical Services and Hourly Service Rates
FedEx Ground:$0.00
Remote Help Desk and Remote Network OS Support
Grand Total:$240,410.00
FINANCING, LEASING AND SUBSCRIPTION OPTIONS AVAILABLE ! CONTACT
Visit us on the web: http://www.zones.com
LEASING@ZONES.COM FOR MORE INFORMATION !
ZONES LLC
1102 15th Street S.W. Suite 102
Auburn, USA 98001
Phone: (800) 419-9663
IN THE EVENT THAT YOU HAVE AN AGREEMENT ("AGREEMENT") IN PLACE WITH ZONES, LLC, THAT GOVERNS THE SALE ASSOCIATED HEREWITH,
SUCH AGREEMENT SHALL GOVERN; OTHERWISE THE TERMS AND CONDITIONS OF SALE SET FORTH ON THE WEB PAGE LINKED AT
WWW.ZONES.COM\\TERMSOFSALE ("TERMS AND CONDITIONS"), SHALL GOVERN. ZONES EXPRESSLY LIMITS THE TERMS AND CONDITIONS OF THIS
SALE TO SUCH AGREEMENT OR THE TERMS AND CONDITIONS, AS APPLICABLE, AND ZONES EXPRESSLY OBJECTS TO, DISCLAIMS, AND REJECTS
ANY DIFFERENT OR ADDITIONAL TERMS SET FORTH IN ANY OF CUSTOMER'S DOCUMENTS OR COMMUNICATIONS. ZONES EXPRESSLY DISCLAIMS
ALL EXPRESS AND IMPLIED WARRANTIES.
WE APPRECIATE THIS OPPORTUNITY TO EARN YOUR BUSINESS, AND LOOK FORWARD TO SERVING YOU SOON! THANK YOU!
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: September 28, 2020
Source of Funds:
Requested By: Michael G. Dolby, Director
Department: Finance
Account Number:
Amount Budgeted:
Report Resolution Ordinance
Amount Requested:
Exhibits: Resolution & Certified Tax Roll
Budgeted Item: Yes No
SUMMARY & RECOMMENDATION
On September 1, 2020, the City of La Porte received the Certified Appraisal Roll from
the Harris County Appraisal District.
Section 26.04 of the State Property Tax Code requires the submission of the Appraisal
Roll to the Governing Body.
The 2020 Certified Tax Roll for the City of La Porte, as received from the Harris County
Appraisal District (HCAD), shows a total appraised value of $4,451,415,245 and a total
taxable value of $3,683,469,847.
Staff recommends City Council approving the attached Resolution accepting the 2020
Certified Tax Roll for the City of La Porte.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly approve or deny a Resolution accepting the
appraisal roll.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
RESOLUTION 2020-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2020
APPRAISAL ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT.
WHEREAS, the Harris County Appraisal District has submitted to the City Council of the City of La Porte, for
approval, the 2020 tax appraisal roll; and
WHEREAS, the City Council is of the opinion that the 2020 appraisal roll with the amounts shown therein should be
adopted;
WHEREAS, the Harris County Appraisal District has certified to the City Council that there was situated in the City
of La Porte, Texas, as of January 1, 2020, property with a total appraised value of $4,451,415,245.00 and a total
taxable value of $3,683,469,847.00.
WHEREAS, new personal property added to the appraisal roll had a total taxable value of $119,407,568.00 as of
January 1, 2020;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, THAT:
Section 1. The 2020 tax appraisal roll, showing that there was situated in the City of La Porte, Texas, as of
January 1, 2020, property with a total appraised value of $4,451,415,245.00 and a total taxable value of
$3,683,469,847.00, as submitted by the Harris County Appraisal District, is hereby adopted;
Section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the
date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at
the offices of City of La Porte for the time required by law preceding this meeting, as required by the Open
Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as
required by law at all times during which this resolution and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice
and the contents and posting thereof.
th
PASSED AND APPROVED this the 28 day of September, 2020.
CITY OF LA PORTE, TEXAS
Louis R. Rigby, Mayor
ATTEST:
Lee Woodward, City Secretary
APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: September 28, 2020
Source of Funds:
Requested By: Michael Dolby, Director
Department: Finance
Account Number:
Amount Budgeted:
Report Resolution Ordinance
Amount Requested:
Exhibits: Ordinance & No-New-Revenue Tax Rate
Budgeted Item: Yes No
Calculation
SUMMARY & RECOMMENDATION
the no-new-revenue tax rate
at $0.715 and the voter-approval rate at $0.725. The no-new-revenue tax rate would
impose the same amount of taxes as last year if you compare properties taxed in both
years. The voter-approval tax rate is the highest tax rate a taxing unit can adopt without
holding an election.
Theproposed tax rate is $0.71; therefore, a public hearing on the tax rate is not
required. The fiscal year 2020-21 proposed budget was built around a tax rate of $0.71.
The breakdown of the tax rate is as follows:
Maintenance and operations = $0.617
Interest and sinking = $0.93
Staff recommends City Council approve the Ordinance establishing the tax rate of
$0.71 for fiscal year 2020-21.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly approve or deny an Ordinance establishing the
tax rate of $0.71 cents for fiscal year 2020-21.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2020-3801
AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND
SUBJECT TO TAXATION IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATIONS FOR
SUPPORT, MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID CITY
OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN PUBLISHED AND ALL
REQUIRED HEARINGS HELD; CONTAINING A REPEALING CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE
Section 1. That there is hereby levied for the fiscal year beginning October 1, 2020, and ending September 30,
2021, on all real property situated and all personal property owned within the taxable limits of the said City of La
Porte, on the first day of January 2020, except so much as may be exempt under the constitution and laws of the
United States, this State, and the City of La Porte, the following taxes:
(1) An Ad Valorem Tax of and at the rate of sixty-one and seven tenths cents ($.617) on the one hundred
dollars ($100.00) cash value thereof, estimated in lawful currency of the United States for the current
expenses for the support, maintenance, and improvement of the City Government of said City of La Porte;
and
(2) An Ad Valorem Tax of and at the rate of nine and three tenths cents ($.093) on the one hundred dollars
($100.00) cash value thereof, estimated in lawful currency of the United States, to pay current interest on
and provide one year's sinking fund and to pay all of the Principal and Interest accruing on all outstanding
general obligation bonds and certificates of obligation lawfully issued by the City of La Porte.
That this provides the sum of total Ad Valorem tax at the rate of seventy-one cents ($.71) on the one hundred
dollars ($100.00) cash value thereof, estimated in lawful currency of the United States.
Section 2. All property upon which a rate of taxation is hereinabove levied shall be assessed on a ratio of one
hundred percent (100%) of the estimated market value thereof.
Section 3. That the sums hereinafter accruing and collected from the hereinabove taxes so levied be and the same
are hereby appropriated for the support, maintenance, and improvement of the City Government of the City of La
Porte.
Section 4. The City Council officially finds, determines, recites and declares that all notices required by law have
been published, and that a public hearing as required by law was duly called and held, and that all matters
prerequisite to the establishment and levy of an ad valorem tax have been accomplished, all as required by the
laws of the State of Texas, and the Home Rule Charter of the City of La Porte.
Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this
Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this
Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence,
phrase, or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase, or clause, or part
thereof, may be declared invalid.
Section 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such
conflict only.
Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of
the date, hour, place, and subject of this meeting of the City Council was posted at a place convenient to the public
at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings
Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required.
Section 8. This ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this, the __________ day of September, 2020.
CITY OF LA PORTE, TEXAS
__________________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ __________________________________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
NOTICE ABOUT 2020 TAX RATES
Property Tax Rates in City of La Porte
This notice concerns the 2020 property tax rates for City of La Porte. This notice provides information about two tax rates. The no-new-revenue tax rate
would impose the same amount of taxes as last year if you compare properties taxed in both years. The voter-approval tax rate is the highest tax rate a taxing
unit can adopt without holding an election. In each case, these rates are calculated by dividing the total amount of taxes by the current taxable value with
adjustments as required by state law. The rates are given per $100 of property value.
This year's no-new-revenue tax rate:
$0.715
This year's voter-approval tax rate:
$0.725
To see the full calculations, please visit ci.la-porte.tx.us for a copy of the Tax Rate Calculation Worksheets.
Unencumbered Fund Balances
The following estimated balances will be left in the taxing unit's accounts at the end of the fiscal year. These balances are not encumbered by corresponding
debt obligation.
Type of FundBalance
General Fund59,073,139
Debt Fund 4,552,975
Current Year Debt Service
The unit plans to pay the following amounts for long-term debts that are secured by property taxes. These amounts will be paid from upcoming property tax
revenues (or additional sales tax revenues, if applicable).
Principal or Contract Interest to be Paid from Other Amounts to be
Description of Debt Total Payment
Payment to be Paid from
Property Taxes Paid
Property Taxes
General Obligation 1,350,000 192,300 0 1,542,300
Refunding Bonds Series
2012
General Obligation 920,000 126,300 0 1,046,300
Refunding Bonds Series
2014
Certificates of Obligation 385,000 160,838 0 545,838
Series 2015
General Obligation 0 94,050 0 94,050
Refunding Bonds Series
2016
Texas Water Development 500,000 116,491 0 616,491
Board Loan 2017
General Obligation 405,000 113,800 0 518,800
Refunding Bonds Series
2020
Total required for 2020 debt service4,363,779
- Amount (if any) paid from funds listed in unencumbered funds 0
- Amount (if any) paid from other resources 0
- Excess collections last year 493,480
= Total to be paid from taxes in 20203,870,299
collect only 100.52% of its taxes in 2020 -20,022
=Total debt levy 3,850,277
This notice contains a summary of the no-new-revenue and voter-approval calculations as certified by Charlene
Piggott, Tax Assessor-Collector on September 1, 2020.
1016.1.13
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: September 28, 2020
N/A
Source of Funds:
Requested By: Clif. Meekins, Fire Marshal
Department: Fire Prevention
N/A
Account Number:
N/A
Amount Budgeted:
Report Resolution Ordinance
N/A
Amount Requested:
Exhibits: Letter from Fire Code Review Board, Current
Budgeted Item: Yes No
Ordinance, Proposed Ordinance, Current Local
Amendments and Proposed Local Amendments
SUMMARY & RECOMMENDATION
Currently, the La Porte International Fire Code
with local amendments which was adopted by City Council on January 12, 2015.
Office staff has reviewed the 2018 International Fire Code and new
code books, existing local amendments and proposed local amendments were
provided to the Fire Code Review Board. The 2018 International Fire Code and local
amendments were subsequently reviewed and discussed by the Board. At their
September 9, 2020 meeting, the Board voted unanimously to recommend adoption of
the 2018 International Fire Code with local amendments. Staff has attached the Board
recommendation memo.
The local amendments are changes to specific sections of the 2018 International Fire
Code which are unique to the City of La Porte such as Violation Penalties, Fire Lane
Marking, Fire Hydrant Installation and Plan Submittal Requirements. Although a new
section has been added clarifying Open Burning, Recreational Fires & Portable Outdoor
Fireplaces, the local amendments follow past practices such as Fire Lane Marking and
Fire Hydrant Installation to maintain consistency for the La Porte Fire Department
apparatus placement and specific requirements for licensed trade persons to be
present for system acceptance inspections.
Significant Changes from the 2015 International Fire Code to the 2018 International
Fire Code are:
New provisions address hazards related to outdoor pallet storage, higher
education laboratories, mobile food trucks and plant processing and extraction
activities.
Section 1103.5.1 Group A-2 was deleted by Local Amendments which required
-2
occupancy having an occupant load of 300 or more, the fire area containing the
Group A-2 occupancy shall be equipped with an automatic sprinkler system in
accordance with Section 903.3.1.1. This section would have required an existing
business to install a Fire Sprinkler.
A new chapter has been added to address issues related to Energy Systems.
The requirements for gas detection systems have been revised throughout the
code to be more reflective of industry practice.
Required sprinkler protection of Group E occupancies has been expanded
through the introduction of a new thresholds related to fire areas.
Manual fire alarm systems in Group A occupancies are now required not only
when the occupant load is 300 or more but also where the occupant load
exceeds 100 above or below the lowest level of exit discharge.
A manual fire alarm system and an automatic smoke detection system are no
longer required in Group R-4 occupancies.
New provisions require illumination for the exit discharge path of travel to the
public way or to a safe dispersal area for all occupancies.
Provisions have been added to address the hazards associated with outdoor
assembly events, indoor trade shows and exhibitions.
The fire watch requirements for construction and demolition activities have been
enhanced.
The provisions for the maintenance of fire and smoke protection features in
Chapter 7 have been enhanced and reorganized.
The Fire Marshal will discuss the Significant Changes from the 2015 International Fire
Code to the 2018 International Fire Code at the City Council meeting. For further
explanation of the Significant Changes,
included in the packet.
The implementation of this Code will not impose additional requirements on existing
businesses and is in accordance with past practices. The ordinance was developed
with a delayed implementation period to allow for notification to contractors as well as
updating of divisional handouts and the website. The ordinance shall be effective sixty
(60) days after its passage and approval by City Council which would be November 27,
2020. Staff recommends the City Council adopt the 2018 International Fire Code with
Local Amendments as recommended by the Fire Code Review Board.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss, and possibly approve/adopt or deny Ordinance 2020-3804 for
the adoption of the 2018 International Fire Code (IFC) with Local Amendments as
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2020-3804
AN ORDINANCE AMENDING CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE BY AMENDING CHAPTER 38 FIRE PREVENTION AND PROTECTIONARTICLE III
-BY
ADOPTING THE 2018 EDITION OF THE INTERNATIONAL FIRE CODE, TOGETHER WITH ALL
LOCAL AMENDMENTS THERETO; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION
SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. Chapter 38, Division 1 enerally,
Section 38-of the Code of Ordinances of the City of La Porte, is hereby
amended and shall hereafter read as follows, to-wit:
Section 38-101. Fire code adopted.
The International Fire Code, 2018 Edition, together with all local amendments thereto, which are all on
file in the office of the city secretary, is hereby adopted as the fire code of the city, incorporated by
reference in this article, and made a part hereof, as fully as if copied at length herein verbatim.
Section 2. The City Council of the City of La Porte herby adopts local amendments to the International Fire
Code, 2018 Edition, which are on file in the office of the city secretary, and, are attached hereto as
Exhibit A and incorporated by reference for all purposes.
Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed;
provided, however, that such repeal shall be only to the extent of such inconsistency and in all other
respects this ordinance shall be cumulative of other ordinances regulating and governing the subject
matter covered by this ordinance.
Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of
this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining
portions of this Ordinance, and it is hereby declared to the intention of this City Council to have
passed each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other
section, sentence, phrase, or clause, or part thereof, may be declared invalid.
Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of
the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a
fine not to exceed TWO THOUSAND DOLLARS ($2,000.00).
Section 6. This ordinance shall be effective sixty (60) days after its passage and approval. The City Secretary
shall give notice of the passage of this ordinance by causing the caption hereof to be published in
the official newspaper of the City of La Porte at least once within ten (10) days after the passage of
this ordinance.
Section 7. The City Council officially finds, determines, recites and declares that a sufficient written notice of
the date, hour, place and subject of this meeting of the City Council is posted at a place convenient
to the public at the City Hall of the city for the time required by law preceding this meeting, as
required by law at all times during which this ordinance and the subject matter thereof has been
discussed, considered and formally acted upon. The City Council further ratifies, approves and
confirms such written notice and the contents and posting thereof.
PASSED AND APPROVED this, the _____________day of____________________, 2020.
CITY OF LA PORTE
_____________________________________
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _____________________________________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
2
ORDINANCE NO. 1388-E 2020-3084
AN ORDINANCE AMENDING CHAPTER 38 OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE BY AMENDING CHAPTER 38
ARTICLE DIVISION 1 GENERALLY38-
2015 2018 EDITION OF THE INTERNATIONAL FIRE
CODE, TOGETHER WITH ALL LOCAL AMENDMENTS THERETO; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT ANY
PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED
TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1.
Section 38- the Code of Ordinances of the City of La Porte, is hereby
amended and shall hereafter read as follows, to-wit:
Section 38-101. Fire code adopted.
The International Fire Code, 2015 2018 Edition, together with all local amendments thereto, which are all
on file in the office of the city secretary, is hereby adopted as the fire code of the city, incorporated by
reference in this article, and made a part hereof, as fully as if copied at length herein
Section 2. The City Council of the City of La Porte herby adopts local amendments to the International
Fire Code, 2015 2018 Edition, which are on file in the office of the city secretary, and, are attached hereto
as Exhibit A and incorporated by reference for all purposes.
Section 3. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby
repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all
other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject
matter covered by this ordinance.
Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause,
of this Ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining
portions of this Ordinance, and it is hereby declared to the intention of this City Council to have passed
each section, sentence, phrase, or clause, or part thereof, irrespective of the fact that any other section,
sentence, phrase, or clause, or part thereof, may be declared invalid.
Section 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision
of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a
fine not to exceed TWO THOUSAND DOLLARS ($2,000.00).
Section 6. This Ordinance shall be effective sixty (60) days after its passage and approval. The City
Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published
in the official newspaper of the City of La Porte at least once within ten (10) days after the passage of this
ordinance.
Section 7. The City Council officially finds, determines, recites and declares that a sufficient written
notice of the date, hour, place and subject of this meeting of the City Council is posted at a place
convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as
required by the Chapter
required by law at all times during which this ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further ratifies, approves and confirms such written
notice and the contents and posting thereof.
PASSED AND APPROVED this the day of , 2015 2020.
CITY OF LA PORTE
By:
Mayor
ATTEST:
City Secretary
APPROVED:
_________________________________________________
City Attorney
2
2018
®®
Based on the 2018 International Fire Code, (IFC)
®®
TheInternational Fire Code (IFC), establishes minimum regulations for fire safety.
This handout will identify important changes in the IFC from 2015 to 2018 edition. Participants will be
presented with those changes that will most impact their use of the code when they adopt these I-Codes. The
learner will receive an overview of the most important code changes.
Goal
Participants will be able to use this document to identify changes between the 2015 and 2018 IFC allowing
them to apply theses code requirements to design, plan submittals and/or inspection.
The lecture and activity format allows participants to discuss the changes, reasons for the changes, and answer
knowledge review questions. Information presented will allow participants to apply these new code
requirements to design, plan review, and/or inspection.
Objectives
Upon completion, participants will be better able to:
Identify the most significant differences between the 2015 and the 2018 IFC.
Explain the differences between the current and previous edition.
Identify changes in organization and code requirements.
Identify the applicability of design, plan review and inspection requirements.
Content
Chapters of the IFC included in this handout:
Chapter 3, General Requirements Chapter 12 Energy Systems Chapter 33, Fire Safety During
Construction and Demolition
Chapter 4, Emergency Planning and Chapter 22, Combustible Dust-Producing
Preparedness Operations Chapter 38, Higher Education
Laboratories
Chapter 5, Fire Service Features Chapter 23, Motor Fuel-Dispensing
Chapter 39, Processing and Extraction
Facilities and Repair Garages
Chapter 6, Building Services and Systems
Facilities
Chapter 24, Flammable Finishes
Chapter 7, Fire and Smoke Protection
Chapter 50, Hazardous Materials—
Features Chapter 28, Motor Fuel-Dispensing
General Provisions
Facilities and Repair Garages
Chapter 8, Interior Finish, Decorative
Chapter 51, Aerosols
Materials and Furnishings Chapter 31, Tents, Temporary Special
Event Structures and Other Membrane Chapter 53, Compressed Gases
Chapter 9, Fire Protection and Life Safety
Structures
Systems Chapter 57, Flammable and Combustible
Chapter 32, High-Piled Combustible Liquids
Chapter 10, Means of Egress
Storage
Chapter 61, Liquefied Petroleum Gases
Chapter 11, Construction Requirements
for Existing Buildings Appendix E, Hazard Categories
2018 IFC Update
2018 IFC Chapter 3: General Requirements
Code Section
Section Title Description of Change
2018 2015
Section 314 Section 314
Indoor Displays This section is revised to clarify it applies to both liquid-fueled vehicles
and gaseous-fueled vehicles. Additionally, it has been modified to allow
Modification
the Fire Code Official the ability to determine the best method of
safeguarding the vehicle regarding the battery and electrical system.
SectionSection
CeilingExceptions have been added which allow an increase in the height of
315.3.1315.3.1
Clearance for storage along walls in sprinklered and nonsprinklered buildings.
Modification
Indoor
Storages
315.7
Requirements are added to the code to height limitation and separation to
Outdoor Pallet
Storagebuildings and property lines for the outdoor storage of idle pallets
Addition
constructed of wood or plastic. See also Significant Change to Section
2810 for pallet storage at pallet recycling and manufacturing facilities.
2018 IFC Chapter 4: Emergency Planning and Preparedness
Code Section
Section Title Description of Change
2018 2015
403.12.3
Crowd Managers The threshold for crowd managers dropped from 1,000 to 500 people for
Modification
certain events.
404.2.3
Lockdown Plans Updates and prescribes details for facility lockdown plans.
Addition
2018 IFC Chapter 5: Fire Service Features
Code Section
Section Title Description of Change
2018 2015
510
Requirements for emergency responder radio coverage have been revised
Emergency
Responder to address industry and equipment enhancements with a new reference to
Modification
Radio Coverage NFPA 1221.
0 ¦¤Α
2018 IFC Update
2018 IFC Chapter 6: Building Services and Systems
Code Section
Section Title Description of Change
2018 2015
603.3603.3
Fuel oil storage allowances in Section 603 have been revised to clarify
Fuel-fired
Modification
Appliances applicability to internal combustion engines, such as generators and fire
pumps. Fuel oil storage is increased to 1,320 gallons if the building is
sprinklered and the tank is listed to UL 142.
605.13
Refrigerants Adds requirements regarding safety concerns for lower flammability
Addition
with Lower refrigerant gases.
Flammability
Hazards
608.3 608.3
Non-metallicProvide listing and capacity requirements for cooking oil storage.
Cooking Oil
Modification
Storage Tanks
2018 IFC Chapter 8: Interior Finish, Decorative Materials and Furnishings
Code Section
Section Title Description of Change
2018 2015
807.1 807.1
The limitations on decorative combustible materials are clarified as to where
Combustible
they apply.
Decorative
Modification
Materials
807.4 807.4
The limitations on decorative combustible materials are clarified as to where
Combustible
they apply.
Decorative
Modification
Materials
0 ¦¤Β
2018 IFC Update
2018 IFCChapter 9: Fire Protection and Live Safety Systems
Code Section
Section Title Description of Change
2018 2015
901.4.6
Fire Pump and Additional requirements have been added for automatic sprinkler system
Fire Sprinkler riser rooms and fire pump rooms.
Addition
Riser Rooms
901.6.2
Integrated Fire Test criteria has been added to the code with a reference to NFPA 4 to
Protection ensure that where multiple fire protection systems or life safety systems are
Addition
System Testing integrated, that the acceptance process and subsequent testing must
evaluate the all of the integrated systems as a whole.
901.8.2 901.8.2
Removal of Authorizes code official to allow the removal occupant use hoselines.
Occupant Use
Modification
Hoselines
903.2.1 903.2.1
Clarifies the requirements for fire sprinkler protection in Group A
Sprinklers in
occupancies.
Group A
Clarification
Occupancies
903.2.3 903.2.3
Provides occupant load threshold for automatic sprinkler system
Sprinklers in
Group E requirements in Group E occupancies.
Modification
Occupancies
903.3.1.1.2 903.3.1.1.2
Sprinklers in Removes fire sprinklers requirements from small bathrooms in Group R-4
occupancies.
Bathrooms in
Modification
Group R-4
Occupancies
903.3.1.2.1 903.3.1.2.1
SprinklersCorrelates automatic sprinkler system requirements in Chapter 9 with
Beneath Chapter 7 for exterior balconies of Group R occupancies.
Modification
Balconies
903.3.1.2.3903.3.1.2.3
Attics Provides fire protection options for attics in multi-family occupancies
Modification
903.3.3 903.3.3
SprinklerThe code now directs the user to the sprinkler design standard to address
Obstructions sprinkler obstructions.
Modification
904.12 904.12
CommercialDirects users to NFPA standards to address sprinkler obstructions.
Cooking
Modification
Operations
904.13 904.13
Domestic Requires automatic fire-extinguishing system to protect domestic cooking
Cooking in appliances in care facilities.
Modification
Institutional
Occupancies
0 ¦¤Γ
2018 IFC Update
2018 IFCChapter 9: Fire Protection and Live Safety Systems, Continued
Code Section
Section Title Description of Change
2018 2015
904.14 904.14
Aerosol Fire-Requires automatic fire suppression in domestic cooking systems in care
extinguishing facilities.
Modification
System
Maintenance
905.3.1 905.3.1
Class III Establishes standpipe requirements based on stories and addresses
Standpipes standpipes in Groups B and E occupancies.
Modification
905.4 905.4
Allows a modification of hose connection locations for Class I standpipes
Class I
serving open stairways.
Standpipe Hose
Modification
Connections
905.11 905.11
Locking Caps on This revision authorizes the code official to require locking caps on dry
Standpipestandpipe hose connection outlets.
Modification
Outlets
906.1 906.1
Portable Fire Provides schools options for fire extinguisher placement.
Extinguishers
Modification
907.1.2 907.1.2
Fire Alarm Aligns requirements for fire alarm plans and documentation requirements
with NFPA 72.
Construction
Modification
Documents
907.2.1 907.2.1
A new fire alarm threshold has been added for Group A occupancies where
Fire Alarms in
Group A an occupant load of 100 or more is located on a level other than the level of
Modification
Occupancies exit discharge.
907.2.10 907.2.10
Group R-4 Fire Fire alarm systems are no longer required in Group R-4 occupancies.
Alarm System
Deletion
907.5.2.2.4 907.5.2.2.4
Emergency Requires automatic fire suppression in domestic cooking systems in care
Voice/Alarmfacilities.
Modification
Communication
System Captions
910.5 910.5
Maintenance and testing frequencies for smoke and heat vents and
Maintenance of
Smoke and Heat mechanical smoke removal are specified in the code.
Modification
Removal
Equipment
916916
Gas Detection Requirements for gas detection systems are clarified and consolidated in a
Systems new Section 916.
Modification
0 ¦¤Δ
2018 IFC Update
2018 IFC Chapter 10: Means of Egress
Code Section
Section Title Description of Change
2018 2015
1004.8 1004.8
Occupant Load The method of calculating occupant load in business areas is revised, which
Calculation in allows for larger occupant loads.
Modification
Concentrated
Business Use
Area
1006.2.1,1006.2.1,
1006.2.1, Table Determination of cumulative occupant loads is clarified and correlated with
TableTable
other code requirements
1006.2.1 Spaces
1006.2.1 1006.2.1
with One Exit or
Modification
Exit Access
Doorway
1006.2.2.6,
Groups R-3 and Exit access travel distances are provided for Groups R-3 and R-4 when
Table
R-4 Protected sprinklered with NFPA 13D sprinkler systems.
1006.2.1,
with NFPA 13D
Table 1017.2
Sprinkler
Addition
System
1006.3,1006.3,
Determining egress requirements has been clarified when the occupants
Exits on
1006.3.11006.3.1
Adjacent Stories travel to an adjacent story to reach the exit.
Modification
1008.2.3
Illumination of exit discharge can now terminate at a safe dispersal area.
Illumination of
the Exit
Addition
Discharge
1008.3.5,1008.3.5,
Emergency lighting must meet minimum illumination levels even when one
Emergency
1008.2.2 1008.2.2
lamp fails in a single luminaire.
Illumination in
Modification
Group I-2
1009.7.2 1009.7.2
Protection of The 1-hour fire-resistance-rated separation between an exterior of assisted
Exterior Areas of rescue and the building is not required if the building is protected with an
Modification
Assisted Rescue automatic sprinkler system designed to NFPA 13 or 13R.
1010.1.11010.1.1
Size of Doors The requirements for the door size are revised to correlate with ICC A117.1.
Clarification
1010.1.4.4,1010.1.4.4,
Guidance is provided to allow enhanced security measures yet still meet
Locking
1010.1.4.4.11010.1.4.4.1
Arrangements in egress requirements on classroom doors.
Modification
Educational
Occupancies
1010.1.9.8,1010.1.9.8,
Delayed Egress Guidance is provided to allow enhanced security measures yet still meet
1010.1.9.8.1 1010.1.9.8.1
egress requirements on classroom doors.
Modification
1010.1.9.9,1010.1.9.9,
Electrically Criteria for electrically locked egress doors have been clarified and
1010.1.9.10 1010.1.9.10
Locked Egress correlated.
Clarification
Doors
1010.1.9.12 1010.1.9.12
Locks on The limitation is removed which prohibited locking doors on the stairway
Stairway Doors side when the stairway was more than four stories, but less than a high-rise.
Modification
0 ¦¤Ε
2018 IFC Update
2018 IFC Chapter 10: Means of Egress, Continued
Code Section
Section Title Description of Change
2018 2015
1010.1.10 1010.1.10
Panic Hardware Sensor release of electrically locked doors is now allowed on egress doors
and Fire Exit in Groups A and E. Also, the section is clarified to state that panic hardware
Modification
Hardware or fire exit hardware are only required on swinging doors.
1010.3,1010.3,
Turnstiles This new section allows security turnstiles, or similar barriers, in the means
1010.3.1,1010.3.1,
of egress path.
1010.3.1.1,1010.3.1.1,
1010.3.2,1010.3.2,
1010.3.3, 1010.3.3,
1010.3.4 1010.3.4
Modification
1011.6 1011.6
The method of determining the required width and depth of a stairway
Stairway
landing is clarified.
Landings
Clarification
1013.2 1013.2
Floor Level Exit The location of low-level exit signs can now be 18 inches above the floor.
Signs in Group
Modification
R-1
1015.6,1015.6,
Fall Arrest for The specific criteria in the code on fall arrest systems are removed and the
1015.7 1015.7
Rooftop ANSI/ASSE Z395.1 standard now governs the installation.
Modification
Equipment
1017.3, 202 1017.3, 202
Common path of egress travel must be applied to each room or space on
Common Path of
Egress Travel every story.
Clarification
1023.3.1 1023.3.1
Stairway Fire-resistance-rated separation is not required between an interior exit
Extensionstairway and exit passageways if stairway pressurization is provided.
Modification
1023.5,1023.5,
Exit Stairway Security system and two-way communication system components are
1024.6 1024.6
and Exit allowed to penetrate the fire-resistant rated enclosure of exit passageways
Modification
and interior exit stairways and ramps.
Passageway
Penetrations
1025.11025.1
Luminous egress path marking is no longer required in high-rise buildings
Luminous
Modification
Egress Path classified as Groups I-2, I-3, and I-4.
Marking in
Group I
Occupancies
1026.4,1026.4,
Refuge Areas for Guidance is provided to allow enhanced security measures yet still meet
1026.4.11026.4.1
Horizontal Exits egress requirements on classroom doors.
Modification
1029.6,1029.6,
Open-air A new term and definition is added for open-air assembly seating.
1029.6.3,1029.6.3,
Assembly
1029.7, 202 1029.7, 202
Seating
Modification
1029.9.1 1029.9.1
Minimum Aisle Minimum aisle widths are clarified with a reference added for minimum
Width widths for accessible routes.
Modification
0 ¦¤Ζ
2018 IFC Update
2018 IFC Chapter 10: Means of Egress, Continued
Code Section
Section Title Description of Change
2018 2015
1030.1 1030.1
Emergency Emergency escape and rescue openings are required in Groups R-3 and R
Escape and 4, and Group R-2 provided with only one means of egress from a story.
Modification
Rescue Also, it is possible to eliminate some, or all, emergency escape and rescue
Openings openings from a sprinklered basement.
1030.1.1
Fall prevention devices are allowed on emergency escape and rescue
Operation of
Emergency openings provided they comply with ASTM F2090.
Addition
Escape and
Rescue
Openings
1031.1,1031.1,
Inspection and Inspection and testing requirements for emergency egress lighting are
1031.10.1,1031.10.1,
Testing of relocated into the Chapter 10 Means of Egress and revised to allow self-
1031.10.2 1031.10.2
Emergency diagnostics.
Modification
Egress Lighting
1031.2.2
Guidance is provided to allow enhanced security measures yet still meet
Locking
egress requirements on classroom doors.
Arrangements in
Addition
Existing
Educational
Occupancies
1031.4 1031.4
Exit Signs in The application of exit sign requirements in existing buildings has been
Existingclarified for both installation and maintenance.
Modification
Buildings
2018 IFC Chapter 11: Construction Requirements for Existing Buildings
Code Section
Section Title Description of Change
2018 2015
1103.5.1
Fire Sprinklers in A section has been added to Chapter 11 which requires the retrofit
installation of a fire sprinkler system in existing Group A-2 occupancies
Existing Group
Addition
where alcoholic beverages are consumed if the occupant load is 300 or
A-2 Occupancies
more.
1103.9 1103.9
Carbon Monoxide Carbon monoxide alarms are no longer required to be retroactively installed
Alarms in in existing Groups I-1, I-2, I-4, and R based on occupancy classification.
Modification
ExistingThe retroactive installation of carbon monoxide alarms is only required in
Buildingsexisting sleeping rooms and dwelling units.
1104.16.2 1104.16.2
Wall Openings Door and window openings within 10 feet of a fire escape must be
Adjacent to Fire protected with ¾-hour opening protectives unless the building is
Modification
sprinklered.
Escapes
1105.5.4
Fire-protection-Fire protection rated doors in existing Group I-2 occupancies have three
Addition
rated Doors in options for automatic closing operations.
Existing Group
I-2
0 ¦¤Η
2018 IFC Update
2018 IFC Chapter 12: Energy Systems
Code Section
Section Title Description of Change
2018 2015
Chapter 12
This chapter is new.
Energy Systems
Addition
Section
Rapid shutdown is required on solar photovoltaic systems to reduce the
Rapid Shutdown
1204.5
shock hazard to emergency responders.
for Solar
Addition
Photovoltaic
Power Systems
1206.2 1206.2
Stationary This revision moves the stationary battery storage system requirements
Storage Battery from Section 608 to Section 1206.2 and includes new battery technologies
Modification
Systems and required safety features.
2018 IFC Chapter 22: Combustible Dust-Producing Operations
Code Section
Section Title Description of Change
2018 2015
Chapter 22
Combustible Dust Reference to the new NFPA 652, “Standard on the Fundamentals of
Modification
Combustible Dust”, is added to provide guidance and criteria when
evaluating combustible dust hazards.
0 ¦¤Θ
2018 IFC Update
2018 IFC Chapter 23: Motor Fuel-Dispensing Facilities and Repair Garages
Code Section
Section Title Description of Change
2018 2015
2303.2.1
Height of This new section provides specific height limitations for emergency
Emergency disconnect switches for fuel dispensing operations.
Addition
Disconnect
Switch
2306.7.3.1
Protection from The fire code official has the authority to require additional vehicle impact
Addition
Vehicle Impact protection at fuel dispensing facilities.
2309.6,2309.6,
Defueling of The requirements for repairing vehicles fueled by compressed or liquefied
2309.6.1 2309.6.1
Hydrogen Fueled compressed gas have been updated to address current technologies and
Modification
processes.
Vehicles
2311.6 2311.6
Repair of The requirements for repairing vehicles fueled by compressed or liquefied
Vehicles Fueled compressed gas have been updated to address current technologies and
Addition
by CNG and LNG processes.
2311.82311.8
Repair of The requirements for repairing vehicles fueled by compressed or liquefied
Modification
Vehicles Fueled compressed gas have been updated to address current technologies and
processes.
by Lighter-than-
air Fuels
2018 IFC Chapter 24: Flammable Finishes
Code Section
Section Title Description of Change
2018 2015
2403.2.1.3 2403.2.1.3
Classified The size of the classified area around spray booth openings is reduced to 3
Electrical Areas feet.
Modification
AroundSpray
Booths
2404.2,2404.2,
Spray Rooms and Requirements for spray booths and spray operations are correlated
2404.3.1,2404.3.1,
Spray Booths between the IFC and IBC.
2404.3.1.1,2404.3.1.1,
202, 914.9 202, 914.9
Modification
2018 IFC Chapter 28: Motor Fuel-Dispensing Facilities and Repair Garages
Code Section
Section Title Description of Change
2018 2015
2810
Outdoor Storage This new section adds criteria for outdoor pallet storage at pallet
of Pallets at Pallet manufacturing facilities and pallet recycling facilities. It provides specific
Addition
height limits and separation to property lines and buildings, but also allows
Manufacturing
for the distances to be modified based on providing additional fire protection
and Recycling
features.
Facilities
0 ¦¤ΐΏ
2018 IFC Update
2018 IFC Chapter 31: Tents, Temporary Special Event Structures
and Other Membrane Structures
Code Section
Section Title Description of Change
2018 2015
Chapter 31
A new definition is added for umbrella structures which results in regulation
Umbrella
of umbrella structures when they exceed 400 square feet.
Structures
Clarification
3103.3.1
Special amusement buildings located in temporary tents are required to be
Tents and
Membraneequipped with an automatic sprinkler system.
Addition
Structures Used
as Special
Amusement
Buildings
3103.6,3103.6,
StructuralTemporary tents and membrane structures are required to provide
3103.9,3103.9,
construction documents which address their structural stability and load
Stability of Tents
3103.9.1,3103.9.1,
carrying capacity. Larger tents and membrane structures have been added
3103.9.2,3103.9.2,
to the list of temporary facilities which must comply.
3103.9.3 3103.9.3
Modification
3104.2
Fabrics for Tents The application of testing criteria for flame spread of tent and membrane
structures has been clarified.
and Membrane
Addition
Structures
3105, 202,
Temporary The requirements for temporary stage structures are expanded to include
105.6.47,
Special Event all temporary structures greater than 400 square feet when used at special
105.7.22
Structures events.
Addition
Section 3106
Outdoor This section adds requirements specific to outdoor public gatherings and
Addition
improves the correlation of requirements in the IBC and IFC.
Assembly Events
3107.3,
Requirements for the use and separation of LPgas containers in and
LP-gas
3107.13.1,
around tents and membrane structures have been revised.
Containers and
3107.13.2,
Tanks Adjacent
3107.13.3
to Tents and
Modification
Membrane
Structures
2018 IFC Chapter 32: High-Piled Combustible Storage
Code Section
Section Title Description of Change
2018 2015
Modification
Chapter 32 The requirements in the chapter have been updated to correlate with
High-piledcurrent NFPA 13 requirements and recent FM Global fire tests.
Combustible
Storage
0 ¦¤ΐΐ
2018 IFC Update
2018 IFC Chapter 33: Fire Safety During Construction and Demolition
Code Section
Section Title Description of Change
2018 2015
3304.5,3304.5,
Fire Watch Criteria for requiring fire watch has been added to the code along with
3308, 3309.1 3308,
Duringclarification to the functions and duties of the fire watch personnel.
3309.1
Modification
Construction and
Demolition
2018 IFC Chapter 38: Higher Education Laboratories
Code Section
Section Title Description of Change
2018 2015
Chapter 38
Outdoor A new chapter has been added to the IFC to specifically regulate college
Addition
Assembly Events and university laboratories. Correlating sections have been added to a new
Section 427 in the IBC.
2018 IFC Chapter 39: Processing and Extraction Facilities
Code Section
Section Title Description of Change
2018 2015
Chapter 39
Plant Processing A new chapter has been added to the IFC to specifically regulate the
Addition
and Oil Extraction process of extracting oils from plant material.
Facilities
2018 IFC Chapter 50: Hazardous Materials—General Provisions
Code Section
Section Title Description of Change
2018 2015
Table
Table
Consumer Addresses the explosive nature of Division 1.4G explosives and removes
5003.1.1,5003.1.1,
Fireworks the 100% increase credit for sprinklers where these items are stored.
Section 202 Section 202
Modification
Table
Table
MaximumThe maximum allowable quantity for Class 3 oxidizers is increased by about
5003.1.1(1), 5003.1.1(1),
Allowable 10 percent in control areas and Groups M and S occupancies.
TableTable
Quantity for
5003.11.1,5003.11.1,
Class 3 Oxidizers
SectionSection
6303.1.1.26303.1.1.2
Modification
5003.8.3.45003.8.3.4
Includes Type IV construction in control area fire resistance rating
Control Area
Modification
requirements.
Construction
5005.1.12 5005.1.12
Protection of Requirements for leak detection and emergency shutoff for high hazard
Hazardous gases and liquids only applies when the maximum allowable quantity per
Modification
Materials Piping control area is exceeded.
Systems
0 ¦¤ΐΑ
2018 IFC Update
2018 IFC Chapter 51: Aerosols
Code Section
Section Title Description of Change
2018 2015
5103.2,5103.2,
Aerosol Products Limitations on aerosol products in plastic containers is revised and the use
5103.2.1,5103.2.1,
in Plastic of Plastic Aerosol X products is prohibited in higher life hazard occupancies.
5103.2.3,5103.2.3,
Containers
5104.1.2,5104.1.2,
5104.2.25104.2.2
Modification
5104.8,
Aerosol Cooking Specific fire protection requirements are added to address aerosol cooking
5140.8.1,
Spray Products spray products.
5104.8.2,
5103.2.2,
5104.3.3,
5106.2.2
Addition
2018 IFC Chapter 53: Compressed Gases
Code Section
Section Title Description of Change
2018 2015
5306.1,5306.1,
Requirements for construction and ventilation of interior medical gas rooms
Medical Gas
5306.2,5306.2,
and gas cabinets are revised.
Storage
5306.2.1,5306.2.1,
5306.2.2,5306.2.2,
5306.2 5306.2
Modification
5307.1,5307.1,
Requirements for liquefied CO2 in beverage dispensing applications have
Liquid Carbon
5307.3,5307.3,
been correlated with requirements for gas detection systems.
Dioxide Systems
5307.3.1,5307.3.1,
for Beverage
5307.3.2 5307.3.2
Dispensing
Modification
5307.4,
Carbon Dioxide Carbon dioxide enrichment systems area regulated by the Fire Code when
5307.4.1,
Enrichmentthe system contains more than 100 pounds of CO2, or when the refill
5307.4.2,
Systems connection is remote from the tank or vessel.
5307.4.3,
5307.4.4,
5307.4.5,
5307.4.6,
5307.4.7
Addition
2018 IFC Chapter 57: Mobile Fueling Operations
Code Section
Section Title Description of Change
2018 2015
5707
On-demand mobile fueling is allowed to occur at approved locations and
Mobile Fueling
Addition
under the control of a permit issued by the fire code official.
Operations
0 ¦¤ΐΒ
2018 IFC Update
2018 IFC Chapter 61: Liquefied Petroleum Gases
Code Section
Section Title Description of Change
2018 2015
Table 6104.3 Table
Location of LP-New Footnote g specifies separations between above-ground LP-gas
6104.3
gas Containers containers and public ways.
Modification
2018 IFC Appendix E Hazard Categories
Code Section
Section Title Description of Change
2018 2015
E102.7.1 E102.7.1
Hazard This change revised the oxidizer classification of sodium dichloro-s-
Classification of triazinetrione anhydrous (sodium dichloroisocyanurate anhydrous).
Modification
Oxidizers
0 ¦¤ΐΓ
2018 International Fire Code
Significant Changes
City of La Porte, TX
September 9, 2020
International Codes
International Code Council
Karl Fippinger, CEM, PMPBeth Tubbs, PE, FSFPEKelly Sadler, JD
Vice PresidentSenior Staff EngineerRegional Manager
888.422.7233 x6258 (O)888.422.7233 x7708 (O)888.422.7233 x5566 (O)
571.237.6237 (C)508.207.7736 (C)512.827.6471 (C)
kfippinger@iccsafe.orgbtubbs@iccsafe.orgksadler@iccsafe.org
LOCAL AMENDMENTS TO THE
2018 EDITION OF THE INTERNATIONAL FIRE CODE
The following represents local amendments to the 2018 Edition of the International Fire Code, adopted by the City Council
of the City of La Porte on September, 28, 2020; in Ordinance 2020-3804. References are to additions, deletions,
amendments, or replacement of 2018 Edition of the International Fire Code sections. Section numbers correspond to the
numbering in the 2018 Edition of the International Fire Code.
CHAPTER 1 - ADMINISTRATION
110.4 Violation penalties.
Amend by deleting this section and adding a new paragraph.
Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or
who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of
the code official, shall be guilty of a violation and punishable by a fine. Each day that a violation continues after due
notice has been served shall be deemed a separate offense.
112.4 Failure to comply.
Any person who shall continue any work after having been served with a stop work order, except such work
as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than
$500.00 dollars. Each and every day shall constitute a separate violation. Each day that a violation continues after
due notice has been served shall be deemed a separate offense.
CHAPTER 3 - GENERAL REQUIREMENTS
SECTION 307 Open Burning, Recreational Fires and Portable Outdoor Fireplaces.
Amend by deleting this section and adding a new paragraph.
307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless
conducted and approved in accordance with the following Sections.
307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to
kindling a fire for recognized silvicultural or range or wildlife management practices, prevention or control of disease
or pests, or a bonfire. Application for such approval shall only be presented by and permits issued to the owner of the
land on which the fire is to be kindled.
307.3 Prohibited open burning. Open burning shall be prohibited when atmospheric conditions or local circumstances
make such fires hazardous and the following is prohibited at all times from being burned in the City of La Porte.
307.3.1 Yard Waste (defined as, but not limited to: leaves/pine straw, rakings, shrub trimmings, grass clippings, palm
fronds, and/or brush).
1
EXHIBIT A
307.3.2 Tree and Tree Cutting Debris (defined as, but not limited to: trees, Christmas trees, tree stumps, and/or tree
limbs).
307.3.3 Land Clearing Debris (defined as, but not limited to: uprooted or cleared vegetation in connection with
construction for buildings and rights-of-way; land development; or mineral operations).
307.3.4 Bonfires are not permitted without a permit from the fire code official in accordance with Section 105.6 prior
to kindling.
307.4 Open Burning not requiring a Permit. Open burning shall be prohibited when atmospheric conditions or local
circumstances make such fires hazardous. The following is permitted to be burned in the City of La Porte without a
permit from the fire code official.
307.4.1 Recreational fires. Recreational fires shall not be conducted within 15 feet of a structure or combustible
material. Conditions that could cause a fire to spread within 15 feet of a structure shall be eliminated
prior to ignition.
307.4.2 Portable outdoor fireplaces and Fire Pits. Portable outdoor fireplaces shall be used in accordance with
the instructions and shall not be operated within 15 feet of a structure or combustible material.
307.4.3 Recreational and Portable outdoor fireplace size. The fire pit area shall not exceed a total of 3 feet in
diameter and 2 feet in height and all burning material and flame is to be contained inside of the fire pit area.
307.5 Authorization. Where required by state or local law or regulations, open burning shall only be permitted with prior
approval from the state or local air and water quality management authority, provided that all conditions specified in
the authorization are followed.
307.6 Extinguishment authority. Where open burning creates or adds to a hazardous situation, or a required permit for
open burning has not been obtained, the fire code official is authorized to order the extinguishment of the open burning
operation.
307.6.1 The burning must not cause a nuisance to surrounding people, properties and / or roadways. Any and all Fires
used for Recreation, Ceremonies, Cooking and / or Warmth shall be promptly and completely extinguished
once notified to do so by any Fire Code Official, Police Officer, Code Enforcement Officer and / or Fire
Fighter. Said fires shall remain extinguished for no less than 24-hours.
307.7 Location. The location for open burning shall be not less than 15 feet from any structure, and provisions shall be
made to prevent the fire from spreading to within 15 feet of any structure.
307.8 Attendance. Open burning, bonfires, recreational fires and use of portable outdoor fireplaces shall be constantly
attended by a responsible, non-impaired adult until the fire is extinguished. Not fewer than one portable fire
extinguisher complying with Section 906 with a minimum 4-A rating or other approved on-site fire extinguishing
equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
CHAPTER 5 - FIRE SERVICE FEATURES
503.3 Marking
Amend paragraph 503.3 Marking, to read as follows:
A. The Fire Marshal of the City of La Porte or designee is hereby authorized to designated fire lanes/fire zones on
the property of shopping centers, nursing homes, hospitals, apartment complexes, town home complexes,
schools and any other locations that he has deemed necessary to have fire lanes/fire zones.
B.The designation by the Fire Marshal of such lanes/fire zones shall never be held to make the City of La Porte
responsible for the maintenance of such lanes on private property, but the owner of such property shall continue to
be responsible for the maintenance for such areas.
2
EXHIBIT A
C.Upon designation of such fire lane/fire zones pursuant to this code, the Fire Marshal shall give notice of such
designation to the owner of such property, directing the owner to cause signs to be posted and/or curbs to be
painted and/or stenciled.
D. The required signs and/or painted curb shall read "FIRE LANE" or, "FIRE ZONE". The letter size should be not
less than 3" in height and 1/2" in width.
E. The sign shall be a metal sign of standard size, with a weather resistant white background with red letters. The
mounting and height information can be obtained from the City of La Porte Public Works and/or City of La Porte
Police Department. The sign shall be installed not less than every 20 feet.
F.The curb shall be painted "Red" in color and/or the stenciled information, "FIRE ZONE" and/or "FIRE LANE"
shall be stenciled in "White" colored letters. The stencil should not be less than 20 feet, apart on the curb.
G. It is hereby declared to be unlawful to obstruct in any manner, including parking or standing any attended or
unattended vehicle in any fire lane/fire zone as defined hereof, where the signs have been erected or the curbs
have been painted and stenciled including pre-existing fire lane/fire zones with visibly erected signs and/or
EXCEPTIONS:
1) Any authorized emergency vehicle conducting official emergency business.
2) Any marked vehicle of the United States Postal Service officially dispatching mail or any marked vehicle of a
Parcel Post Delivery Service officially dispatching Parcel Post.
3) Any armored vehicle officially dispatching or picking up currency.
503.7 Violations
Amend by adding a new subsection 503.7 to read as follows:
It is hereby declared to be unlawful for any person, without lawful authority of the Fire Marshal to attempt to or in
fact alter, deface, injure, knock down, or remove any sign and/or painted curb designating a fire lane/fire zone that
has been erected and/or stenciled under the term of this code.
The Fire Marshal, any duly authorized representative, and/or any peace officer of the State of Texas may issue a
summons or notice to appear in answer to a charge of any violation of this code. Such summons shall be issued on
an official form (ticket book) acceptable to the City of La Porte.
Any person found guilty of a violation of this code shall, upon conviction, be subject to a fine ranging from one
dollar to two thousand dollars, as set by the City of La Porte Municipal Court. Each day the violation continues
shall constitute a separate offense.
No owner, manager or person in charge of any premises served by a required fire lane/fire zone shall abandon or
close any such fire lane/fire zone without permission of the Fire Marshal or designee.
3
EXHIBIT A
507.5.1 Where Required
Amend by deleting the existing paragraph and replace with the following paragraph:
All required water mains and fire hydrants shall be installed as follows:
Residential area fire hydrants shall be installed on a 6-inch or larger approved water main and placed so that no
building is over 500 feet from a fire hydrant. Distance for hydrant placements shall be measured at curb line and/or
access corridor.
EXCEPTIONS:
A. When in the opinion of the fire chief and fire marshal a water main and/or fire
hydrant is not necessary due to the existence of built-in fire protection system(s); or
B. When the Fire Chief and Fire Marshal have been notified in writing that pending
water mains and fire hydrants are being installed in the vicinity, consistent with the terms of this
code.
Commercial and industrial area fire hydrants shall be installed on an 8-inch or larger approved water main and shall
be placed so that no part of any building is over 300 feet from a fire hydrant. Distance for hydrant placements shall
be measured at curb line and/or access corridor and shall follow the Fire Apparatus route.
EXCEPTIONS:
A. When in the opinion of the Fire Chief and Fire Marshal a water main and/or the fire
hydrant is not necessary due to the existence of built-in fire protection system(s); or
B. When the Fire Chief and Fire Marshal have been notified in writing that pending
water mains and fire hydrants are being installed in that vicinity, consistent with the terms of this code.
CHAPTER 6 - BUILDING SERVICES AND SYSTEMS
Amend by adding new subsection
607.2.5 Plan Submittal Requirements
Pre-Engineered Systems - Plan submittal shall comply with the following requirements for Pre-Engineered
Systems;
a. Be planned by a Type PL licensee or a Texas Registered Professional Engineer. All shop drawings must
bear the signature of a Type PL licensee, his license number, and the certificate-of-registration number of
the registered firm or a Texas Registered Professional Engineer seal.
4
EXHIBIT A
If a PE is used, the PE shall provide written documentation to this office as to his knowledge
that he has reviewed the Pre-Engineered System and that the system meets all applicable City
of La Porte Fire Codes and any applicable State Codes.
b. Designer shall provide this office with written documentation (Certification) from the manufacturer stating
you have been trained by the manufacturer and that they certify you in the Design of said equipment and
are current with the certification.
c. Installer shall provide this office with written documentation (Certification) from the manufacturer stating
you have been trained by the manufacturer and that they certify you in the Installation of said equipment
and are current with the certification.
CHAPTER 9 - FIRE PROTECTION SYSTEMS
901 General
Amend by adding new subsections
901.5.2 Required attendance for Installation acceptance testing.
A person who is employed by the Registered Firm to which the plans have been approved and issued too and holds
a current Responsible Managing Employee (RME) License by the Texas State Fire Marshal's Office shall be
spection. The onsite RME shall
only operate under the appropriate Type of RME License issued by the State.
901.5.3 Required Documentation for Installation acceptance testing.
manufacture's product data sheets on all equipment
-Site
Installer shall have a current State license, on his person, while on the job site.
901.5.3 Required Actions for Installation acceptance testing.
If the piping is covered, and the inspectors cannot inspect as is required by Fire Code, all of the obstructions will
be required to be removed.
5
EXHIBIT A
903.2.3 Group E.
Delete paragraph and substitute with the following:
An automatic sprinkler system must be provided throughout all Group E occupancies. The use of fire walls does
not establish a separate building for purposes of this section.
Exceptions:
1. Buildings with E occupancies having an occupant load of 49 or less.
903.2.6 Group I.
Delete paragraph and substitute with the following:
An automatic sprinkler system must be provided throughout all Institutional Group occupancies. The use of fire
walls does not establish a separate building for purposes of this section.
Exceptions:
1. Buildings with I occupancies having an occupant load of less than 5.
903.2.8 Group R
Delete paragraph and substitute with the following:
An Automatic sprinkler system or a residential sprinkler system installed in accordance with section 903.3 must be
provided throughout all buildings with a group R fire area. Group R shall have 100% automatic sprinkler coverage
throughout all buildings and spaces to include, but not limited to: bathrooms, closets, porches, porte-cocheres and/or
attics.
Exceptions:
1. One-family dwellings (single family) Group R occupancies.
6
EXHIBIT A
2. Two-family dwellings (townhouse) occupancies with no more than two attached units that are divided by
2-hour fire walls.
907.2.3 Group E
Delete paragraph and substitute with the following:
An automatic Fire Alarm system must be provided throughout all Group E occupancies. The use of fire walls does
not establish a separate building for purposes of this section.
Exceptions:
1. Buildings with E occupancies having an occupant load of 49 or less.
CHAPTER 11 - CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS
Delete Section
1103.5.1 Group A-2. Where alcoholic beverages are consumed in a Group A-2 occupancy having an occupant load
of 300 or more, the fire area containing the Group A-2 occupancy shall be equipped with an automatic sprinkler
system in accordance with Section 903.3.1.1.
Appendix A; Board of Appeals
Adopt and Delete section in its entirety and substitute with the following:
The Board of Appeals shall be governed and formed in accordance to the La Porte, Texas, Code of Ordinances,
Subpart A - General Ordinances, Chapter 38 - Fire Prevention and Protection, Article V. Fire Code Review Board.
Appendix B; Fire Flow Requirements for Buildings
Adopt section in its entirety
Appendix C; Fire Hydrant Locations and Distribution
Delete section in its entirety
7
EXHIBIT A
Appendix D; Fire Apparatus Access Roads
Adopt section in its entirety
Appendix E; Hazard Categories
Adopt section in its entirety
Appendix F; Hazard Ranking
Adopt section in its entirety
Appendix G; Cryogenic FluidsWeight and Volume Equivalents
Adopt section in its entirety
Appendix H; Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement
(HMIS) Instructions
Adopt section in its entirety
Appendix I; Fire Protection Systems - Noncompliant Conditions
Adopt section in its entirety
Appendix J; Building Information Sign
Delete section in its entirety
Appendix K; Construction Requirements for Existing Ambulatory Care Facilities
Adopt section in its entirety
Appendix L; Requirements for Fire Fighter Air Replenishment Systems
Delete section in its entirety
Appendix M; High-Rise BuildingsRetroactive Automatic Sprinkler Requirement
Delete section in its entirety
Appendix N; Indoor Trade Shows and Exhibitions
Adopt section in its entirety
8
EXHIBIT A
LOCALAMENDMENTSTOTHE
2015
EDITIONOFTHEINTERNATIONALFIRECODE
The following represents local amendments to the 2015Edition of the International Fire
Code, adopted by the City Council of the City of La Porte on January12,2015;in
Ordinance number1388-E. References are to additions, deletions, amendments, or
replacement of 2015Edition of the International Fire Code sections. Section numbers
correspond to the numbering in the
2015Edition of the International Fire Code.
CHAPTER 1 ADMINISTRATION
109.4Violation penalties.
Amend by deleting this section and adding a new paragraph.
Persons who shall violate a provision of this code or shall fail to comply with any of the
requirements thereof or who shall erect, install, alter, repair or dowork in violation of the
approved construction documents or directive of the code official, shall be guilty of a
violation and punishable bya fine. Each day that a violation continues after due notice
has been served shall be deemed a separate offense.
111.4 Failure to comply.
Any person who shall continue any work after having been served with a stop work
order, except such work as that person is directed to perform to remove a violation or
unsafe condition, shall be liable to a fine of not more than $500.00 dollars. Each and
every day shall constitute a separate violation.Each day that a violation continues after
due notice has been served shall be deemed a separate offense.
CHAPTER 2 DEFINITIONS
202 General Definitions.
Amend paragraph\[BG\] Educational Group E. Day Care to read as follows:
The use of a building or structure, or portion thereof, for education, supervision or
personal care services for more than five children older than 2-1/2 years of age, including
children related to the staff, shall be classified as an E Occupancy.
1
EXHIBIT A
CHAPTER 4EMERGENCY PLANNING AND PREPAREDNESS
401.3.4 False Alarm Charges.
Amend by adding a new subsection 401.3.4
Except as otherwise provided herein, the owner of a building containing a fireprotection,
fire alarm, or other types of emergency notification systems, shall pay a charge in
accordance with this section for each and every false alarm to which the fire department
responds.
Exceptions:
1.No charge for the first two false alarms within a calendar year.
2.Each false alarm in excess of two during a calendar year will be charged a
response fee of $200.00
As used by the section, “false alarm” means an alarm signal generated by a privately
owned fire or emergency alarm system reporting an alarm for which no fire or emergency
actually exists; it includes system malfunctions, faulty operation of detectors, and false
alarms not classified above. It does not include those incidents where the detector or
system operated as designed such as but not limited to, a smoke detector sounding from
someone smoking under the detector or a manual pull station being pulled.
405.10 False alarms.
Amend by adding a new subsection 405.10 to read as follows:
False alarms may not count as a fire drill for the purpose of this section.
2
EXHIBIT A
CHAPTER 5 FIRE SERVICE FEATURES
503.3Marking
Amend paragraph 503.3Marking,to read as follows:
The Fire Marshal of the City of La Porte or designee is hereby authorized to
designated fire lanes/fire zones on the property of shopping centers, nursing
homes, hospitals, apartment complexes, town home complexes, schools and any
other locations that he has deemed necessary to have fire lanes/fire zones.
A.The designation by the Fire Marshal of such lanes/fire zones shall never be
held to make the City of La Porte responsible for the maintenance of such
lanes on private property, but the owner of such property shall continue to
be responsible for the maintenance for such areas.
B.Upon designation of such fire lane/fire zones pursuant to this code, the
Fire Marshal shall give notice of such designation to the owner of such
property, directing the owner to cause signs to be posted and/or curbs to be
painted and/or stenciled.
C.The required signs and/or painted curb shall read "FIRE LANE" or, "FIRE
ZONE". The letter size should be not less than 3" in height and 1/2" in
width.
D.The sign shall be a metal sign of standard size, with a weather resistant
white background with red letters. The mounting and height information
can be obtained from the City of La Porte Public Works and/or City of La
Porte Police Department. The sign shall be installed not less than every 20
feet.
E.The curb shall be painted "Red" in color and/or the stenciled information,
"FIRE ZONE" and/or "FIRE LANE" shall be stenciled in "White" colored
letters. The stencil should not be less than 20 feet, apart on the curb.
F.It is hereby declared to be unlawful to obstruct in any manner, including
parking or standing any attended orunattended vehicle in any fire lane/fire
zone as defined hereof, where the signs have been erected or the curbs
have been painted and stenciled including pre-existing fire lane/fire zones
with visibly erected signs and/or stenciled curbs reading “FIRE LANE” or
“FIRE ZONE”
3
EXHIBIT A
EXCEPTIONS:
1.Any authorized emergency vehicle conducting official emergency
business.
2.Any marked vehicle of the United States Postal Service officially
dispatching mail or any marked vehicle of a Parcel Post Delivery Service
officially dispatching Parcel Post.
3.Any armored vehicle officially dispatching or picking up currency.
503.7Violations
Amend by adding a new subsection 503.7to read as follows:
It is hereby declared to be unlawful for any person, without lawful authority of the
Fire Marshal to attempt to or in fact alter, deface, injure, knock down, or remove
any sign and/or painted curb designating a fire lane/fire zone that has been
erectedand/or stenciled under the term of this code.
The Fire Marshal, anydulyauthorized representative, and/or any peace officer of
the State of Texas may issue a summons or notice to appear in answer to a charge
of any violation of this code. Such summons shall be issued on an official form
(ticket book) acceptable to the City of La Porte.
Any person found guilty of a violation of this code shall, upon conviction, be
subject to a fine ranging from one dollar to two thousand dollars, as set by the
City of La Porte Municipal Court. Each day the violation continues shall
constitute a separate offense.
No owner, manager or person in charge of any premises served by a required fire
lane/fire zone shall abandon or close any such fire lane/fire zone without
permission of the Fire Marshal or designee.
507.5.1Installation
Amend by deleting the existing paragraph and replace with the following paragraph:
All required water mains and fire hydrants shall be installed as follows:
1.Residential area fire hydrants shall be installed on a 6-inch or larger approved
water main and placed so that no building is over 500 feet from a fire hydrant.
Distance for hydrant placements shall be measured at curb line and/or access
corridor.
4
EXHIBIT A
EXCEPTIONS:
A.When in the opinion of the fire chief and fire marshal a water main and/or
fire hydrant is not necessary due to the existence of built-in fire protection
system(s); or
B.When the Fire Chief and Fire Marshal have been notified in writing that
pending water mains and fire hydrants are being installed in the vicinity,
consistent with the terms of this code.
2.Commercial and industrial area fire hydrants shall be installed on an 8-inch or
larger approved water main and shall be placed so that no part of any building is
over 300 feet from a fire hydrant. Distance for hydrant placements shall be
measured at curb line and/or access corridor.
EXCEPTIONS:
A.When in the opinion of the fire chief and fire marshal a water main and/or
the fire hydrant is not necessary due to the existence of built-in fire
protection system(s); or
B.When the fire chief and fire marshal have been notified in writing that
pending water mains and fire hydrants are being installed in that vicinity,
consistent with the terms of this code.
CHAPTER 6 BUILDING SERVICES AND SYSTEMS
Amend by adding new subsection
609.3.5Plan Submittal Requirements
Pre-Engineered Systems -Plan submittal shall comply with the following requirements
for Pre-Engineered Systems;
a.Be planned by a Type PL licensee or a Texas Registered Professional Engineer.
All shop drawings must bear the signature of a Type PL licensee, his license
number, and the certificate-of-registration number of the registered firm or a
Texas Registered Professional Engineer seal.
If a PE is used, the PE shall provide written documentation to this office as to his
knowledge that he has reviewed the Pre-Engineered System and that the system
.
meets all applicable City of La Porte Fire Codes and any applicable State Codes
b.Designer shall provide this office with written documentation (Certification)
from the manufacturer stating you have been trained by the manufacturer and that
they certify you in the Design of said equipment.
5
EXHIBIT A
c.Installer shall provide this office with written documentation (Certification)
from the manufacturer stating you have been trained by the manufacturer and that
they certify you in the Installation of said equipment
CHAPTER 9 FIRE PROTECTION SYSTEMS
901 General
Amend by adding new subsections
901.5.2Required attendance for Installation acceptance testing.
A person licensed through the Texas State Fire Marshal's Office to install Fire
Sprinkler systems (RME-G and/or RME-U) shall be onsite during all phases of
installation and during the Fire Marshal’s inspection.
901.5.3 Required Documentation for Installation acceptance testing.
The Fire Marshal’s Office approved set of Fire Sprinkler Plans, manufacture's product
data sheets on all equipment being installed, and the installation permit are tobe on site
for all Fire Marshal’s Office inspections. The On-Site Installer shall have a current State
license, on his person, while on the job site.
901.5.3 Required Actions for Installation acceptance testing.
The fire sprinkler piping shall not be covered up prior to the Fire Marshal’s Office visual
inspections of the piping. If the piping is covered, and the inspectors cannot inspect as is
required by Fire Code, all of the obstructions will be required to be removed.
6
EXHIBIT A
903.2.3Group E.
Delete paragraph and substitute with the following:
An automatic sprinkler system must be provided throughout all Group E occupancies. An
automatic sprinkler system shall also be provided for every portion of educational
buildings below the level of exit discharge. The use of fire walls does not establish a
separate building for purposes of this section.
Exceptions:
1.Buildings with E occupancies having an occupant load of 49 or less.
2.Day care uses not otherwise requiring an automatic sprinkler system by other
provisions of the code.
Day care uses that are licensed to care for more than 5 persons between the hours of 10
p.m. and 6 a.m. shall be equipped with an automatic sprinkler system designed and
installed in accordance with section 903.3.1.3 or an approved equivalent system. This
includes children related to the staff.
903.2.8.3Group R-1& R-2.
Add new subsection to read as follows:
An Automatic sprinkler system or a residential sprinkler system installed in accordance
with section 903.3.1.2 must be provided throughout all buildings with a group R-1& R-2
fire area.Group R-1& R-2shall have 100% automatic sprinkler coverage throughout all
buildings and spaces.
7
EXHIBIT A
Appendix A; Board of Appeals
Adopt and Delete section in its entiretyand substitute with the following:
The Board of Appeals shall be governed and formed in accordance to the La Porte,
Texas, Code of Ordinances, Subpart A -General Ordinances,Chapter 38 -Fire
Prevention and Protection,Article V. Fire Code Review Board.
Appendix B;Fire Flow Requirements for Buildings
Adopt section in its entirety
Appendix C;Fire Hydrant Locations and Distribution
Delete section in its entirety
Appendix D;Fire Apparatus Access Roads
Adopt section in its entirety
Appendix I; Fire Protection Systems-Noncompliant Conditions
Adopt section in its entirety
Appendix J;Building Information Sign
Delete section in its entirety
Appendix K;Construction Requirements forExisting Ambulatory Care Facilities
Adopt section in its entirety
Appendix L;Requirements for Fire Fighter Air Replenishment Systems
Delete section in its entirety
Appendix M; High-Rise Buildings—RetroactiveAutomatic Sprinkler Requirement
Delete section in its entirety
8
EXHIBIT A
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: September 28, 2020
Source of Funds: N/A
Requested By: Alfonso Acosta, Dep. Bldg. Off.
Department: Planning & Development
Account Number: N/A
Amount Budgeted: N/A
Report Resolution Ordinance
Amount Requested: N/A
Exhibits: Recommendation Memo from Board, Ordinance
Budgeted Item: Yes No
redline, Ordinance final, Exhibits A-E.2
International Code Council Fact Sheets and Letters
of Support
SUMMARY & RECOMMENDATION
Per Section 82-14 (2) of the City of La Porte Code of Ordinances, the Building Code
. . . and has the power to recommend to the City Council of the City of La Porte
this authority, at the July 7 and 21, 2020 meetings, the Board members voted to
recommend to City Council the adoption of the 2018 International Code Council building
code editions and the 2020 National Electrical Code with local amendments. In
accordance with past practice, the proposed ordinance to adopt the new codes includes
a 60 day delayed implementation date to allow for timely notifications to contractors
and citizens, and updates to the City website, materials and handouts.
follow below:
2018 International Building Code
2018 International Residential Code
2018 International Plumbing Code
2018 International Fuel Gas Code
2018 International Energy Conservation Code
2018 International Mechanical Code
2018 International Swimming Pool and Spa Code
2020 National Electrical Code
The
options and possible amendments. The Inspections staff initiated the review process
in the spring, and the Board met over several weeks to consider and discuss code
options, possible amendments, and the City of La Porte Code of Ordinances Chapter
82- Buildings and Building Regulations. These public meeting discussions included
testimony and presentations from the International Code Council and the Uniform Code
Council.
Per Ordinance No. 2013-3418, the City of La Porte currently utilizes the following
building codes, adopted May 13, 2013 and effective July 15, 2013:
2012 International Building Code
2012 International Residential Code
2012 International Energy Conservation Code
2012 Uniform Mechanical Code
2012 Uniform Plumbing Code
Per Ordinance No. 2011-2288, the City of La Porte also utilizes the 2011 National
Electrical Code with local amendments, adopted on October 24, 2011 and effective
December 1, 2011.
Approval to adopt the recommended 2018 code editions is necessary to remain current
(Insurance Services Office) Building Code Effectiveness Grading Schedule (BCEGS)
classification. ISO distributes the BCEGS classifications to assist property/casualty
insurers in their insurance and premium development programs for residential and
current Class 4 rating will be downgraded if the City fails to adopt and implement the
new code editions within a one (1) year grace period.
Staff and the Building Code Appeals Board recommends the City Council approve an
Ordinance adopting of the 2018 International Code editions and the 2020 National
Electrical Code with local amendments.
ACTION REQUIRED BY CITY COUNCIL
Consider, discuss and possibly approve/adopt or deny an Ordinance for 2018
International Code editions and the 2020 National Electrical Code with local
amendments.
Approved for the City Council meeting agenda
Corby D. Alexander, City Manager Date
ORDINANCE NO. 2020-3803
AN ORDINANCE AMENDING CHAPTER 82 "BUILDINGS AND BUILDING REGULATIONS" OF
THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY ADOPTING THE 2018
INTERNATIONAL RESIDENTIAL CODE, 2018 INTERNATIONAL BUILDING CODE, 2018
INTERNATIONAL ENERGY CONSERVATION CODE, 2018 INTERNATIONAL SWIMMING
POOL AND SPA CODE, 2018 INTERNATIONAL PLUMBING CODE, 2018 INTERNATIONAL
MECHANICAL CODE, 2018 FUEL GAS CODE AND 2020 NATIONAL ELECTRICAL CODE;
PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A
SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF; CONTAINING A REPEALING CLAUSE; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND
PROVIDING AN EFFECTIVE DATE HEREOF
BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 82, "Buildings and Building Regulations", of the Code of
Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall hereinafter read as follows:
ARTICLE II. - BUILDING CODES
Sec. 82-31. - Adoption.
(a) Except as provided in this division, the International Residential Code and the International Building Code, 2012
editions 2018 editions, published by the International Code Council, is adopted and incorporated as fully as if set
forth at length in this section and the provisions therein shall be controlling in the design, construction, quality of
materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use and maintenance
of buildings and structures within the city limits. One copy of the International Residential Code and the International
Building Code, 2018 editions, is on file in the office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health
ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the
provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this article shall upon
conviction be punished as provided in Appendix B.
(d) Fees shall be in accordance with Appendix A of the city's Code of Ordinances.
Sec. 82-32. International Residential Code amendments.
Section 101.1 Title. These regulations shall be known as the Residential Code for One- and Two-family Dwellings
Section R105.2 Work Exempt from Permit. Plumbing: The stopping of leaks in drains, water, soil, waste or vent pipe;
provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it
becomes necessary to remove and replace the same with new material, such work shall be considered as new work
and a permit shall be obtained and inspection made as provided in this code. The clearing of stoppages or the
repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets.
Subsection R105.2 is amended to read as follows:
R105.2 Work exempt from permit. Plumbing: Exemption from permit requirements of this code shall not be deemed to
grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or
ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
1. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
2. Prefabricated swimming pools that are less than 24 inches (610 mm) deep
3. Swings and other playground equipment.
Electrical:
1. Listed cord-and-plug connected temporary decorative lighting.
2. Reinstallation of attachment plug receptacles but not the outlets therefor.
3. Replacement of branch circuit overcurrent devices of the required capacity in the same location.
4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of
supplying more than 50 watts of energy.
5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment
to approved permanently installed receptacles.
Gas:
1. Portable heating, cooking or clothes drying appliances.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a
power grid.
Mechanical:
1. Portable heating appliances.
2. Portable ventilation appliances.
3. Portable cooling units.
4. Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
6. Portable evaporative coolers.
7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that are actuated by
motors of 1 horsepower (746 W) or less.
8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a
power grid.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any concealed trap,
drainpipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace
the same with new material, such work shall be considered as new work and a permit shall be obtained and
inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation
of water closets provided such repairs do not involve or require the replacement or rearrangement of valves,
pipes or fixtures.
Table R301.2(1) Climatic and Geographic Design Criteria. Establishment of criteria in accordance with table shown.
Wind Design Subject to Damage From
Ice
Seismic Winter Barrier Air Mean
Ground Flood
Design Design Under- Freezing Annual
Frost
Snow Hazards
Speed
Category Temp layment Index Temp
Topographic Weathering Line Termite
Load "g"
"d"
"f" "e" Required "i" "j"
effects "k" "a" Depth "c"
(mph)
"h"
"b"
See 4-9-87
1500 or
0 Note No A N 12" VH 32° No 11-6-96 67°
less
#1 6-18-07
Note #1: For all residential developments, wind design speed rating shall be no less than 120 m.p.h. for IRC Section
R301.2.1.1 and for use with Table R.301.2(2), or for use with the methods listed in IRC Section R301.2.1.1, or with
methods that utilize ASCE 7-05. The wind design speed rating shall be no less than 150 m.p.h. for any approved
methods that utilize ASCE 7-10.
GROUND WIND DESIGN SEISMIC SUBJECT TO DAMAGE FROM WINTER ICE BARRIER FLOOD AIR MEAN
Special Frost
SNOW Speed Topographic Wind Windborne DESIGN Weathering line Termite DESIGN UNDERLAYMENT HAZARD FREEZING ANNUAL
debris
LOAD (mph) effects region zone CATAGORY Depth TEMP REQUIRED INDEX TEMP
VERY See FIRM 1500
Wind Zone
OO
32 F 69 F
0 150 NO NO 3 A NEGLIGIBLE 12" HEAVY NO Maps and or less
Missile D* Ordinances
MANUAL J DESIGN CRITERIA
Elevation Latitude Winter Summer Altitude Indoor design Design Heating temperature
heating cooling correction factor temperature temperature cooling difference
OOOOOO
29 40' 32 F 94 F 1 70 F 75 F 38 F
23ft to 9ft -Check Site
Wind Wind
Cooling velocity velocity Coincident Daily Winter Summer
temperature difference heating cooling wet bulb range humidity humidity
O
19 F 78 M 60% 85%
15 mph 7.5 mph
*Windborne Debris Protection:
Skylights are missile level C
Missile levels are for elevations less than or equal to 30 ft
Section R301.2.1.2 Protection of Openings. Exterior glazing, in new or building additions, located in windborne debris
regions shall have glazed openings protected from windborne debris. Glazed opening protection for windborne debris
shall meet the requirements of the Large Missile Test of ASTM E 1996 and ASTM E 1886 referenced therein.
Garage door glazed opening protection for windborne debris shall meet the requirements of an approved impact-
resisting standard or ANSI/DASMA 115.
Code Deletions.
The following sections of the 2018 International Residential Code are deleted.
Subsection R309.5 Fire Sprinklers
Section R313 Automatic Fire Sprinkler Systems
Subsection R905.7 Wood Shingles
Subsection R905.8 Wood Shakes
Section P2904 Dwelling Unit Fire Sprinkler Systems
Part VIII, Electrical Chapters 34-43 (E3401 thru E4304.5) are deleted in their entirety.
Sec. 82-33. International Building Code amendments.
The building code adopted in section 82-31 of this article shall be amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Building Code of the City of La Porte, hereinafter
referred to as "this code".
Subsection 105.2 is amended to read as follows:
Subsection 105.2 Work exempt from permit: Exemptions from permit requirements of this code shall not be deemed to
grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or
ordinances of this jurisdiction. Permits shall not be required for the following:
Building:
1. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
2. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep,
are not greater than 5,000 gallons (18 925 L) and are installed entirely above ground.
3. Swings and other playground equipment accessory to detached one- and two-family dwellings.
Electrical:
1. Repairs and Maintenance: Minor repair work, including the replacement of lamps or the connection of approved
portable electrical equipment to approved permanently installed receptacles.
2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used
for radio and television transmissions, but do apply to equipment and wiring for a power supply and the
installations of towers and antennas.
3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for
the testing or servicing of electrical equipment or apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors
of 1 horsepower (0.75 kW) or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap,
drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace
the same with new material, such work shall be considered as new work and a permit shall be obtained and
inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation
of water closets, provided that such repairs do not involve or require the replacement or rearrangement of valves,
pipes or fixtures.
Section 419 Live/Work Units. Deletion of entire section (Sections 419.1 thru 419.9)
Chapter 16, Basic wind speed for the City shall be as follows:
Figure 1609A, Ultimate Design Wind Speed (3-Second Gust) - 150 M.P.H.
Figure 1609.3(1) Basic Design Wind Speeds (3-Second Gust) 150 M.P.H.
Figure 1609B, Ultimate Design Wind Speed (3-Second Gust) - 160 M.P.H.
Figure 1609.3(2) Basic Design Wind Speeds (3-Second Gust) 160 M.P.H.
Figure 1609C, Ultimate Design Wind Speed (3-Second Gust) - 140 M.P.H.
Figure 1609.3(3) Basic Design Wind Speeds (3-Second Gust) 160 M.P.H.
Figure 1609.3(4) Basic Design Wind Speeds (3-Second Gust) 140 M.P.H.
Code Deletions.
The following sections of the 2018 International Building Code are deleted.
Subsection 1507.8 Wood shingles
Subsection 1507.9 Wood shakes
Section 27 Electrical. Chapter (Sections 2701 thru 2702.3 2702.4) is deleted in its entirety.
Section 28 Mechanical Systems. Chapter (Section 2801) is deleted in its entirety.
Section 419 Live/Work Units. Deletion of entire section (Sections 419.1 thru 419.9).
Sec. 82-34. - Liability insurance requirements for holders of permits for moving buildings.
The holder of a permit for the moving of a building shall be required to carry liability insurance in the following sums:
(1) The minimum sum of $50,000.00 for injury or death of one person, or $100,000.00 for injury or death to more
than one person from any one accident; and
(2) The minimum sum of $100,000.00 for property damage for any one accident.
Such policy shall contain a provision obligating the insurer to give a written notice of cancellation, not less than ten days
prior to the date of such cancellation, to the building inspector. No moving permit will be issued unless such insurance is
in full force and effect.
Sec. 82-35. - General and building contractors; liability insurance requirements.
(a) No permit shall be issued for any general or building contracting work, as such work is defined within the Standard
\[International\] Building Code, adopted in section 82-31, until the general or building contractor or his employer shall
have arranged to carry the following insurance:
(1) Workers' compensation insurance on each and every one of his employees as required and in accordance with
the provisions of the state Workers' Compensation Act;
(2) Public liability insurance to the extent of $50,000.00 for any one accident, and $100,000.00 for any one person;
and
(3) Property damage insurance to the extent of $10,000.00 for any one accident, and $100,000.00 in the
aggregate.
(b) Such insurance shall be written by an accredited company under the supervision of the board of insurance
commissioners of the State of Texas.
(c) Evidence of compliance with the insurance requirements of subsections (a) and (b) of this section shall be
considered as having been met when the policy, a copy thereof, or a certificate of insurance has been filed with and
approved by the chief building official of the city. Such policy shall include an endorsement thereon that the chief
building official will be notified at least ten days in advance in the event of the policy being cancelled or expiring
before the expiration date of the license.
Sec. 82-36. - Plan review fee.
\[Amounts established by the city and listed in appendix A of this Code.\]
Sec. 82-37. - Minimum size stud walls where drain, waste and/or vent plumbing is installed.
Minimum six-inch stud walls shall be required where drain, waste and vent (DWVHorizontal and/or vertical)
plumbing is installed. The use of two by six studs (wood or metal) shall be required for new construction and additions
(addition of square footage) for both residential and non-residential construction where DWV plumbing is installed.
Secs. 82-3882-65. - Reserved.
{ĻĭƷźƚƓ Ћʹ That Chapter 82, "Buildings and Building Regulations", of the Code of
Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall hereinafter read as follows:
Sec. 82-66. - Adoption.
(a) Except as provided in this article, the Uniform Plumbing Code, 2012 International Plumbing Code, 2018 edition,
published by the International Association of Plumbing and Mechanical Officials International Code Council, as
addressed by the plumbing regulations of the International Residential Code, 2012 edition, as adopted by section 82-
31 of this chapter, is adopted and incorporated as fully as if set forth at length in this section and the provisions
therein shall be controlling and apply to in the design, construction, quality of materials, erection, installation,
alteration, repairs, location, relocation, replacement, addition to, use and or maintenance of buildings and structures
plumbing systems within the city limits. One copy of the International Plumbing Code, 2018 Edition is on file in the
office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health
ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the
provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this article shall upon
conviction be punished as provided in Appendix B.
(d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances.
Sec. 82-67. - Amendments.
The plumbing code adopted in section 82-66 of this article shall be amended to read as follows:
Section 102.3 Board of Appeal. Sections 102.3 and 102.3.1 are deleted in their entirety.
Section 103.1 General. Delete in its entirety.
Section 103.1.1 (2) Exempt Work. The clearing of stoppages, including the removal and reinstallation of water
closets, or the repairing of leaks in pipes, valves, or fixtures.
Section 103.4 Fees. Fees shall be assessed in accordance with Appendix A of the City's Code of Ordinances.
Section 103.4.1 Plan Review Fees. Delete section in its entirety.
Section 103.4.4 Fee Refunds. Delete Sections 103.4.4 thru 103.4.4.2 in their entirety.
Section 106.6.3 Fee Refunds, No. 2. This section deleted in its entirety.
Section 106.6.3 Fee Refunds, No. 3. This section deleted in its entirety.
Section 109 Means of Appeal. This section deleted in its entirety.
Appendix A Plumbing Permit Fee Schedule. This section deleted in its entirety.
Section 101.1 Title. These regulations shall be known as the Plumbing Code of the City of La Porte, hereinafter referred to
as "this code".
Code Deletions.
The following sections of the 2018 International Plumbing Code are deleted in their entirety.
Subsection 106.6.2 Fee schedule.
Subsection 106.6.3 Fee refunds.
Section 109 Means of Appeal.
Sec. 82-68. - Plumbing and mechanical contractors; liability insurance requirements.
(a) No permit shall be issued for any plumbing contract work, as such work is defined within the city codes adopted in
sections 82-31 and 82-66 until the plumbing contractor or his employer shall have arranged to carry the following:
(1) Workers' compensation insurance on each and every one of his employees as required and in accordance with
the provisions of the Workers' Compensation Act of the State of Texas;
(2) A certificate of insurance must be:
a. Written by a company licensed to do business in this state;
b. Provided for commercial general liability insurance for the master plumber for claims for property damage
or bodily injury, regardless of whether the claim arises from a negligence claim or on a contract claim; and
c. A coverage amount of not less than $300,000.00 for all claims arising in any one-year period.
(b) Such insurance shall be written by an accredited company under the supervision of the board of insurance
commissioners of the state.
(c) Evidence of compliance with the above insurance requirements shall be considered as having been met when the
policy, a copy thereof, or a certificate of insurance has been filed with and approved by the chief building official of
the city. Such policy shall include an endorsement thereon that the chief building official will be notified at least ten
days in advance in the event of the policy or policies being cancelled or expiring before the expiration date of the
license.
Secs. 82-6982-100. - Reserved.
{ĻĭƷźƚƓ Ќʹ That Chapter 82, "Buildings and Building Regulations", Article IV Electric Codeof the Code of
Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall hereinafter read as follows:
ARTICLE IV. - ELECTRICAL CODE
DIVISION 1. - GENERALLY
Sec. 82-101. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Apprentice electrician means the holder of an apprentice electrician license.
Electrical work means the installing, maintaining, altering, repairing or erecting of any electrical wiring, apparatus,
devices, appliances, fixtures or equipment for which a permit is required under the terms and provisions of the electric
code.
Inspector shall mean the chief building official of the city or any of the division construction inspectors under her/his
supervision.
Journeyman electrician means the holder of a journeyman electrician license.
Master electrician means the holder of a master electrician license.
Sec. 82-102. - Electrical work to be done only by or under licensed master electrician.
(a) Except as provided in this article, it shall be unlawful for any person to do electrical work within the city unless such
person is a master electrician licensed under the provisions of the Electrician's Occupations Code (a.k.a. The Texas
Electrical Safety and Licensing Act), or unless such person does such electrical work under the supervision, direction
and control of a master electrician licensed under the provisions of said code.
(b) Nothing in the Electrician's Occupations Code (a.k.a. The Texas Electrical Safety and Licensing Act) shall ever be
construed or operate to prevent any person from doing electrical work in or on his property which he owns, where he
resides and which he maintains as a homestead. Such homeowner shall not be required to be a licensed electrician
but shall otherwise conform to all other requirements of said code. In doing electrical work on his own property, as
provided in this subsection, such owner shall not use any hired assistant unless such assistant is duly licensed under
the terms of said code.
(c) Except as provided in subsection (b) of this section, no electrical work shall be performed by any person not the
holder of the required license. No person, firm or corporation shall employ any other person for doing electrical work
unless such person proposed to be employed is the holder of the proper license.
Sec. 82-104. - Tampering.
(a) It shall be unlawful for any person to bridge, tamper with or change from its original installation, except upon the
approval of the inspector, and then only after a proper permit for alteration has been issued, any fuse of the plug,
cartridge type or link type, installed in panel boards, main switches or switchboards, or to alter or change circuit
breakers so that the original calibration will be affected, or to tie down or secure any circuit breaker so that it will not
function properly.
(b) It shall be unlawful for any person, in any manner, to interfere with any electrical wiring installed or being installed in,
or on, within or without any structure or building. If in the course of erection of a building or structure the wiring is in
such position as to interfere with the erection or completion of the building or structure as called for by the plans,
notice shall immediately be given the person installing the wiring and the needed change shall be made by such
person.
(c) It shall be unlawful for any person to make connection from a source of electrical energy to any electrical wiring,
apparatus, devices, appliances, fixtures and equipment for the installation of which a permit is required until it shall
have received an approval by the inspector.
(d) It shall be unlawful for any person to make connection from a source of electrical energy to any electrical wiring,
apparatus, devices, appliances, fixtures and equipment which have been disconnected by the inspector or the use of
which has been ordered by the inspector to be discontinued until approval has been issued by the inspector.
Secs. 82-10582-150. - Reserved.
DIVISION 2. - RESERVED
Secs. 82-15182-280. - Reserved.
DIVISION 3. - PERMITS
Sec. 82-281. - Required; exceptions.
(a) No wiring, poles, duct line, guy anchors, apparatus, devices, appliances, fixtures or equipment for the transmission,
distribution or utilization of electrical energy for any purpose shall be installed within the city limits, nor shall any
alteration or addition be made in any such existing wiring, poles, duct lines, guy anchors, apparatus, devices,
appliances, fixtures or equipment without first securing a permit therefor from the inspector, except that no permit
shall be required for the following:
(1) Replacing fuses or lamps or the connection of portable devices to suitable receptacles which have been
permanently installed or for repairs to portable appliances.
(2) Minor repair work, such as repairing or replacing flush and snap switches, receptacles and lamp sockets, or
minor repairs on permanently connected electric apparatus, appliances, fixtures or equipment, or the installation
of light globes.
(3) The installation, maintenance or alteration of wiring, apparatus, devices, appliances or equipment for telegraph,
telephone, signal service or central station protective service used in conveying signals or intelligence, except
where electrical work is done on the primary side of the source of power from the power company at a voltage
over 50 volts and which generates more than 500 watts of energy.
(4) Poles and guy anchors, for the installation, maintenance or alteration of electric wiring, apparatus, devices,
appliances or equipment to be installed by an electric public service corporation for the use of such corporation
in the generation, transmission, distribution, sale or utilization of electrical energy. However, an electric public
service corporation shall not do any wiring on a customer's premises other than wiring which is part of the
company's distribution system, nor shall any of its employees do any work other than that done for the company
as provided for in this section, by virtue of this exemption.
(5) The installation of temporary wiring, apparatus, devices, appliances or equipment used by a recognized school
in teaching electricity.
(b) Where no permit is required for the installation or repair of wiring, apparatus, devices or equipment for the
transmission, distribution or utilization of electrical energy for any purpose, the wiring, apparatus, devices or
equipment shall be installed or repaired in conformity with the provisions of this article.
Sec. 82-282. - Application and issuance.
(a) The application for a permit shall describe the work to be done and shall be made in writing by a master electrician
or his company representative. The permit, when issued, shall be issued to such applicant to cover such work as
described and detailed. Any changes or additions must be covered by additional permits at the time changes are
made. The application shall be accompanied by such plans, specifications and schedules as may be necessary to
determine whether the installations, as described, will be in conformity with the requirements of this article.
(b) Reserved.
(c) Reserved.
(d) If it is found that the installation, as described, will, in general, conform to the requirements of this article, and if the
applicant has complied with all provisions of the ordinances of the city, a permit for such installation shall be issued.
The issuance of a permit will not be taken as permission or as a license to violate any of the requirements of this
article or any other ordinance of the city.
(e) The inspector may issue and enforce any rules or regulations he may deem necessary covering the granting of
emergency permits, where real emergencies exist.
(f) Before a permit is issued, fees shall be paid to the city in amounts listed in appendix A of the city's Code of
Ordinances.
Sec. 82-283. - Reserved.
Sec. 82-284. - Insurance requirements.
(a) No permit shall be issued until the master electrician shall have arranged to carry the minimum insurance as
required by the Administrative Rules of the Texas Department of Licensing and Regulation, 16 Texas Administrative
Code, Chapter 73; Section 73.40.
(b) Evidence of compliance with the insurance requirements of subsection (a) of this section shall be considered as
having been met when a certificate of insurance has been filed with and approved by the city. Such policy shall
include an endorsement thereon that the city will be notified at least ten days in advance in the event of the policy
being cancelled.
Secs. 82-28582-305. - Reserved.
DIVISION 4. - INSPECTIONS
Sec. 82-306. - Inspector's responsibilities.
The inspector shall, upon application, cause to be issued permits for the installation and alteration of electrical wiring,
devices, appliances, fixtures, apparatus and equipment, and certificates of final approval therefor, and shall be
responsible for inspection of all new electrical installations and re-inspections of all electrical installations, all as provided
in this article. He shall keep complete records of all permits issued, inspections and re-inspections made, and other official
work performed in accordance with the provisions of this article.
Sec. 82-307. - Entry upon private property.
The inspector shall have the right from 7:30 a.m. to 5:30 p.m. (MondayFriday) or in emergency situations, to enter
any building in the discharge of his official duties or for the purpose of making any inspection, reinspection or test of the
installation of electrical wiring, apparatus, devices, appliances, fixtures and electrical equipment contained therein, and
shall have the authority to cause the turning off of all electrical currents and to cut or disconnect in cases of emergency
any wire where such electrical currents are dangerous to life and property, or where such wires may interfere with the
work of the fire department. The inspector is hereby empowered in emergencies to disconnect and to order the
discontinuance of electrical service to any electric wiring, apparatus, device, appliance, fixture or equipment found to be
dangerous to life or property because of its being defective or defectively installed or otherwise not in conformity with the
provisions of this article until such wiring, apparatus, device, appliance, fixture and equipment and their installation have
been made safe as directed by him/her in conformity with this article.
Sec. 82-308. - Installations to be concealed.
When any part of a wiring installation is to be concealed by permanent placement of parts of a building, the master
electrician or authorized representative to whom the permit has been issued shall notify the inspector, provided that on
such installation as the concealment or parts of the wiring must, in the discretion of the inspector, necessarily proceed
continuously, the master electrician to whom the permit has been issued shall give the inspector due notice, and
inspection made periodically during the progress of work. Where, in the discretion of the inspector, it is necessary, he
shall post notice upon the premises stating that work has been approved and may be covered, or it is not approved and
may not be covered until such further inspection as is necessary has been made. Any person destroying, altering or
defacing such notice without the consent of the inspector, shall be deemed guilty of an offense under this section, and any
work described in the notice shall be stayed pending the further necessary inspection. Upon the completion of the work
that has been authorized by the issuance of a permit, it shall be the duty of the master electrician to whom the permit has
been issued to immediately notify the inspector, who shall inspect such installations within three days, exclusive of
weekends and holidays, of the time such notice was given.
Sec. 82-309. - Authorization for electrical service.
If the work is found to be in compliance with the provisions of this article, the inspector, subject to the other applicable
provisions of this article, shall issue a final approval to the public utility corporation furnishing the electrical service or the
person supplying the energy, which approval shall authorize connection of such approved work to the source of energy of
the electrical service, the turning on of current and the use of the installation. No connection shall be made until such
authorization and final approval is given.
Sec. 82-310. - Reinspection; correction of unsafe conditions.
The inspector shall make, upon information or belief that faulty conditions exist, a thorough reinspection of any
electrical wiring, apparatus, devices, appliances, fixtures and equipment now installed or that may hereafter be installed
and within the scope of this article, and when the installation of such wiring, apparatus, devices, appliances, fixtures and
equipment is found to be at variance with the original permit issued, or to be in a dangerous or unsafe condition, or if it is
found that the electrical measuring device has been tampered with so as to create a condition dangerous to the continuity
of the electrical service or to property, the person owning, using or operating the same shall be notified in writing and shall
make the necessary repairs or changes required to place such wiring, apparatus, devices and equipment in safe condition
so as to relieve the hazards created by such unauthorized conditions, and shall have such work completed within ten
days, or any reasonably longer period specified by the inspector in the written notice.
Sec. 82-311. - Schedule of fees for inspection.
The master electrician making or supervising installation or alteration of electric wiring, apparatus, devices,
appliances, fixtures or equipment, shall pay to the city fees in such amounts as established by the city and listed in
appendix A of this Code.
Sec. 82-312. - Reserved.
Secs. 82-31382-335. - Reserved.
DIVISION 5. - STANDARDS
Sec. 82-336. - National Electrical CodeAdoption.
(a) Except as provided in this article, the National Electrical Code, 2011 Edition 2020 Edition, is hereby adopted as the
regulations to govern and to be observed and followed in all electric wiring and in all electrical construction,
installation, repair, alteration, operation and maintenance of electric wiring, apparatus and fixtures, except for the
amendments adopted in sections 82-337 through 82-350, of this chapter. One copy of the National Electrical Code,
2020 Edition, is on file in the office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health
ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the
provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this article shall be deemed to
have committed a class C misdemeanor and upon conviction shall be punished by a fine in an amount as provided in
appendix B of this Code.
(d) All applicable fees shall be in accordance with appendix A of this Code.
Sec. 82-337. - SameAmendments.
The electrical code adopted in section 82-336 is amended to read as provided in sections 82-338 through 82-350.
Sec. 82-338. - Aluminum conductors.
(a)Aluminum conductors may not be used in any wiring within residential buildings. nor in any residential underground
service conductors. However, in residential developments aluminum conductors shall be allowed up to the line side of
the meter socket only.
(b) Aluminum conductors may be used in commercial applications as follows:
(1) Outside aerial conductors, and
(2) Service entrance conductors.
Sec. 82-339. - Installation of electrical devices.
All electrical devices (including but not limited to outlets and switches) shall be installed with the screw-wrap or
approved screw clamp installation. Back or quick stab installation is prohibited.
Sec. 82-340. - Residential capacity and branch circuits. Reserved.
(a) All services for 1 and 2 family dwellings, shall be a minimum of 100 Amp capacity and shall have a minimum of two
spare breaker slots.
(b) All underground services shall be installed in a minimum of schedule 40 conduit.
Sec. 82-341. - Reserved.
Sec. 82-342. - Wiring within buildings.
Nonmetallic sheathed cable shall be used only for residential work, apartment houses, hotels, motels and similar
occupancies equal to and less than three stories in height. Conductors in or on all tile and masonry walls of such buildings
shall be encased in rigid conduit, flexible conduit, PVC conduit or electrical metallic tubing. Minimum size nonmetallic
sheathed cable shall be limited to No. 12 AWG.
Sec. 82-34382-347. - Reserved.
Sec. 82-344. - Meter cabinets.
Meter cabinets or meter sockets shall be approved by the electric public service company and installed in
accordance with subsection 82-102(a) of this chapter. Meter cabinets shall be installed in accordance with electric public
service company standards and the National Electrical Code (NEC).
Sec. 82-345. - Feeders.
All services, except residential and interior feeders, shall be installed in rigid metal conduit, electric metallic tubing or
approved busways, except that underground services and feeders may be installed in approved ducts or plastic conduit.
The portion of the service ahead of the meter cabinet shall not be run through attic spaces.
Sec. 82-346. - Flexible conduit.
Flexible metallic conduit may be used, provided that such flexible metal conduit meets all specifications of the
National Electrical Code; provided, however, that the wiring method of BX/Armour Clad is specifically prohibited.
Sec. 82-347. - Specific regulations for dwellings.
General lighting load in single-family residences shall be divided into not less than three circuits and shall be
balanced as nearly as possible. Circuits may be of either 15 or 20 ampere capacity or may be mixed. Not more than eight
outlets may be connected to any 15-ampere circuit, nor more than ten outlets to any 20-ampere circuit. For purposes of
this section an outlet is considered to be a receptacle or fixture outlet.
Sec. 82-348. - Franchise to install equipment in streets.
No person or public service company that does not operate under a franchise granted by the city shall have the right
to install any electrical conduit, wires, ducts, poles or equipment of any character for the transmission, distribution or
utilization of electrical energy, or for the operation of signals or the transmission of intelligence on, over or under the
streets in the city, without first obtaining from the city council a franchise right or grant for the particular installation so
desired to be made. Any such installation so made under such franchise or grant shall be in strict conformity with all rules
and regulations and ordinances of the city.
Sec. 82-349. - Suspension of approval of materials.
The building codes appeal board (BCAB) may, for the good and justifiable reasons suspend or revoke the approval
of certain materials or wiring.
Sec. 82-350. - Prohibition of installation of nonconforming goods.
(a) No electrical materials, apparatus, devices appliances, fixtures or equipment shall be installed in the city unless they
are in conformity with the provisions of this article and the statutes of the state.
(b) The maker's name, trademark or other identification symbol shall be placed on all electrical materials, apparatus,
devices, appliances, fixtures and equipment used or installed under the provisions of this article.
Secs. 82-35182-380. - Reserved.
Section 4: That Chapter 82, "Buildings and Building Regulations", Article of the Code of Ordinances of
the City of La Porte, Texas, is hereby amended in its entirety and shall hereinafter read as follows:
FUEL GAS CODE
Sec. 82-385.- Adoption.
(a) Except as provided in this article, the International Fuel Gas Code, 2018 Edition, published by the International Code
Council, is adopted and incorporated as fully as if set forth at length in this section and the provisions therein shall be
controlling in the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation,
replacement, addition to, use and maintenance of buildings and structures within the city limits. One copy of the
International Fuel Gas Code, 2018 Edition, is on file in the office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health
ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the
provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this article shall upon
conviction be punished as provided in Appendix B.
(d) Fees shall be in accordance with Appendix A of the city's Code of Ordinances.
Code Deletions.
The following sections of the 2018 International Fuel Gas Code are deleted in its entirety:
Subsection 106.6.2 Fee schedule.
Subsection 106.6.3 Fee refunds.
Section 109 Means of Appeal.
Section 5: That Chapter 82, "Buildings and Building Regulations", of
the Code of Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall hereinafter read
as follows:
ARTICLE VI. - ENERGY CONSERVATION CODE
DIVISION 1. - GENERALLY
Sec. 82-411. - Purpose.
This article is declared to be remedial and establishes minimum prescriptive and performance-related
regulation for the design of energy-efficient buildings and structures for the effective use of energy.
DIVISION 2. - STANDARDS
Sec. 82-412. - Adoption.
(a) Except as provided in this article, the International Energy Conservation Code, 2012 edition, 2018 edition, published
by the International Code Council, as amended in section 82-413 of this article or addressed by the energy efficiency
regulations of the International Residential Code, 2012 edition, 2018 edition, as adopted by section 82-31 of this
chapter, is adopted and incorporated as fully as if set forth at length in this section and the provisions therein shall be
controlling in the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation,
replacement, addition to, use and maintenance of buildings and structures within the city limits. One copy of the
International Energy Conservation Code, 2018 edition is on file in the office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health
ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the
provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this article shall upon
conviction be punished as provided in Appendix B.
Sec. 82-413. - Amendments.
The energy conservation code adopted in section 82-412 of this article shall be amended to read as follows:
Section C101.1 Title. This code shall be known as the International Energy Conservation Code of the City of La
Porte, and shall be cited as such. It is referred to herein as "this Ccode".
Section C104.1 C105.1General. Construction or work for which a permit is required shall be subject to all required
rd
inspections. Inspections shall be performed by a certified and/or licensed party (i.e. 3 Party).
Section R101.1 Title. This code shall be known as the International Energy Conservation Code of the City of La
Porte, and shall be cited as such. It is referred to herein as "this Code".
Section R104.1 R105.1 General. Construction or work for which a permit is required shall be subject to all required
rd
inspections. Inspections shall be performed by a certified and/or licensed party (i.e. 3 Party).
Code Deletions.
Sections C104.4 thru C104.8.1. C105.3 thru C105.7.1 are deleted in their entirety.
Sections R104.4 thru R104.8.1 R105.3 thru R105.7.1 are deleted in their entirety.
Section 6: That Chapter 82, "Buildings and Building Regulations", of the Code of
Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall hereinafter read as follows:
VII. - MECHANICAL CODE
Sec. 82-441. - Adoption.
(a) Except as provided in this article, the Uniform Mechanical Code, 2012 edition, published by the International
Association of Plumbing and Mechanical Officials, International Mechanical Code, 2018 edition, as addressed by the
plumbing regulations of the International Residential Code, 2012 2018 edition published by the International Code
Council, as adopted by section 82-31 of this chapter, is adopted and incorporated as fully as if set forth at length in
this section and the provisions therein shall be controlling in the design, construction, quality of materials, erection,
installation, alteration, repair, location, relocation, replacement, addition to, use and maintenance of buildings and
structureswithin the city limits. One copy of the International Mechanical Code, 2018 Editionis on file in the office of
the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health
ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the
provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this article shall upon
conviction be punished as provided in Appendix B.
(d) Fees shall be in accordance with Appendix A of the city's Code of Ordinances.
Sec. 82-442. - Amendments.
The mechanical code adopted in section 82-441 of this article shall be amended as follows:
Section 103.1 General. This section deleted in its entirety.
Section 106.5.3 Fee Refunds, No. 2 (Permit Fee). This section deleted in its entirety.
Section 106.5.3 Fee Refunds, No. 3 (Permit Fee). This section deleted in its entirety.
Section 108.0 Board of Appeals. This section deleted in its entirety.
Section 109 Means of Appeal. This section deleted in its entirety.
Section 114.1 General. Fees shall be assessed in accordance with Appendix A of the City's Code of
Ordinances.
Section 114.2 Permit Fees. The fee for each permit shall be in accordance with Appendix A of the City's Code
of Ordinances.
Section 114.3 Plan Review Fees. This section deleted in its entirety.
Section 114.5 Investigative Fees - Work Without a Permit. Delete Sections 114.5 thru 114.5.1 in their entirety.
Section 114.6 Fee Refunds. Delete Sections 114.6 thru 114.6.3 in their entirety.
Code Deletions.
The following sections of the 2018 International Mechanical Code are deleted in their entirety:
Subsection 106.5.2 Fee schedule
Subsection 106.5.3 Fee refunds
Section 109 Means of Appeal.
Secs. 82-44382-470. -
Section 7: That Chapter 82, "Buildings and Building Regulations", of the Code of
Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall hereinafter read as follows:
- SWIMMING POOLS
Sec. 82-631. - Definitions. Reserved.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Multifamily dwelling project means any combination of two or more family dwelling units.
Private residential swimming pool means any swimming pool located on private property under the control of a single
home owner, the use of which is limited to members of his family or their invited guests.
Public swimming pool means any swimming pool, other than a private residential swimming pool, intended to be
used collectively by numbers of persons for swimming or bathing, however owned or operated, and regardless of whether
a fee is charged for such use. Such term includes, but is not limited to, swimming pools owned or operated incident to a
multifamily dwelling project.
Swimming pool means any structure, basin, chamber, tank or other receptacle capable of containing an artificial body
of water for swimming, diving or recreational bathing and having a depth at any point of three feet or more.
Wading pool means any special purpose pool or receptacle set aside primarily for use by children.
Sec. 82-632. - Standard Swimming Pool and Spa Code adopted.
The Standard Swimming Pool Code, 1994 edition, and appendices, as adopted by the Southern Building Code
Congress International, Inc., is hereby adopted; provided, however, that the exception shown in section 304.2 (required
equipment) is hereby deleted from such adopted code. A copy of the code is on file in the office of the inspection division
of the city, incorporated by reference in this article, and made a part of this article, as fully as if copied at length in this
section.
(a) Except as provided in this section, the International Swimming Pool and Spa Code, 2018 edition, published by the
International Code Council, is adopted and incorporated as fully as if set forth at length in this section and the
provisions therein shall be controlling for the design, construction, alteration, movement, renovation, replacement,
repair and maintenance of aquatic recreation facilities, pools, spas, hot tubs and aquatic facilities. The pools and
spas covered by this code are either permanent or temporary, and shall be only those that are designed and
manufactured to be connected to a circulation system and that are intended for swimming, bathing or wading. One
copy of the International Swimming Pool and Spa Code, 2018 Edition, is on file in the office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health
ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the
provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this article shall upon
conviction be punished as provided in Appendix B.
Sec. 82-633. - Water quality.
(a) The provisions of this section shall not apply to private residential public swimming pools.
(b) All public swimming pools, as well as wading pools shall maintain water quality at all times consistent with the
requirements set forth in this section:
(1) Disinfectant. There shall be introduced into such pools sufficient disinfectant so as to maintain at all times a free
chlorine residual of not less than 0.5 1.0 ppm as shown by the standard ortho-tolidine test, which level shall be
maintained in all parts of the pool.
(2) Acidity-alkalinity. The pool water shall be maintained in an alkaline condition so that pH of the water shall not be
less than 7.2.
(3) Clarity of water. The pool water shall be sufficiently clear so that the main drain in the deepest part of the pool
is clearly visible from the edge of such pool nearest the drain.
(4) Algae. Pool water, floors, walls and surrounding decks and overflow gutters shall be kept free of algae.
(5) Bacterial quality. Not more than 15 percent of samples tested shall show the presence of coliform organisms
nor have a plate count of more than 200 bacteria per milliliter.
(6) Recirculation system. Each public swimming pool shall be equipped with a recirculation system which shall
consist of pumping equipment, hair and lint catcher and filters. Wading pools shall be physically separated from
swimming pools and shall be served by the swimming pool recirculation system or by a separate system.
Sec. 82-634. - Annual public swimming pool license.
(a) Required; application. It shall be unlawful to establish, maintain or operate a public swimming pool without first
securing a public swimming pool license from the inspection services division. Written application for such license
must be filed with the inspection services division, and must contain sufficient information to identify the owners
and/or operators of the public swimming pool, the location of such pool, and the name and address of the person
seeking the license.
(b) Operation without license. It shall be unlawful for any public swimming pool owner or operator to operate such a
swimming pool unless he shall have made application for a public swimming pool license.
(c) Validity; fees. Licenses shall be valid for a period of one year beginning on May 1 of each year and shall be
renewable annually during the month of April. The license fee and annual license renewal shall be a sum as
established by the city and listed in appendix A of this Code. License fees for licenses issued after May 1 of each
license year shall be prorated upon the basis of an amount as established by the city and listed in appendix A of this
Code for each elapsed month, or fraction thereof, since May 1 of such year. All license fees shall be nonrefundable.
(d) Transferal. Public swimming pool licenses shall be nontransferable.
(e) Inspections. By the acceptance of the license, the licensee shall be deemed to authorize the inspection of his
swimming pool at all reasonable hours. Failure to permit such inspection shall be grounds for suspension or
revocation of the license.
(f) Inspection results; discrepancies. Upon each such inspection by the inspection services division, the result of the
inspection will be communicated to the licensee. Discrepancies found in the water quality standards, as required by
section 82-633, shall be corrected within a time period specified by the building official. If such discrepancy is
considered, in the opinion of the building official, to be hazardous to the health and safety of the public, such license
may be suspended until the discrepancy is corrected. It shall be unlawful to maintain or allow the use of a public
swimming pool during such period of suspension.
Sec. 82-635. - Pools to be fenced and equipped with self-latching gates. Reserved.
(a) Every person in possession of land within the corporate limits of the city, either as owner, purchaser under contract,
lessee, tenant or licensee, upon which is situated a swimming pool, shall at all times maintain upon the lot or
premises on which the swimming pool is located and completely surrounding the swimming pool, a fence, wall or
other solid structure no less than 44 inches high; provided, however, that the building official may waive such fence,
wall or other solid structure surrounding such pool on one or more sides if, in his opinion, natural obstructions or
barriers such as bays, rivers, seawalls and bulkheads make such unnecessary. Every opening in such fence or wall
shall be equipped with a self-closing and self-latching device designed to keep and capable of keeping such doors or
gates securely closed at all times when not in actual use. The term "swimming pool" is defined as any structure,
basin, chamber, tank or other receptacle capable of containing an artificial body of water for swimming, diving or
recreational bathing and having a depth of three feet or more.
(b) All plans hereafter submitted to the city for swimming pools to be constructed shall show compliance with the
requirements of subsection (a) of this section and the final inspection and approval of all pools hereafter constructed
shall be withheld until all requirements of section 82-634 shall have been complied with by the owner, purchaser
under contract, lessee, tenant or licensee.
Sec. 82-636. - Additional construction requirements. Amendments
In addition to the other requirements of this article, all swimming pools constructed in the city shall meet the following
additional requirements:
(1) The drainpipe, ring and seat shall be of noncorrosive material.
(2) A sump shall be constructed under the pool, if the pool is of a depth of nine feet or more, to allow for draining
and refilling.
(3) A light shall be installed at the deep end of the pool if the pool is more than seven feet deep.
(4) Swimming pools shall be drained in city storm drains only, and shall not be drained in sanitary sewer drains.
(5)
The International Swimming Pool and Spa Code adopted in section 82-632 of this article shall be amended to read
as follows:
Section 101.1 Title. These regulations shall be known as the Swimming Pool and Spa Code of the City of La Porte,
hereinafter referred to as "this code".
302.6 Wastewater Discharge. Where wastewater from pools or spas, such as backwash water from filter discharges shall
drain to a building drainage system and shall be of a connection made through an air gap in accordance with the
International Plumbing Code or the International Residential Code in accordance with Section 102.7.1. If water from deck
drains discharge to a building drainage system, the connection shall be through an air gap in accordance with the
International Plumbing Code or the International Residential Code in accordance with Section 102.7.1.
Code Deletions.
The following sections of the 2018 International Swimming Pool and Spa Code are deleted:
Subsection 105.6.2 Fee schedule.
Subsection 105.6.3 Fee refunds.
Section 108 Means of Appeal.
Section 8. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the
ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be shall be fined in a sum not to
exceed two thousand dollars.
Section 9. Each and every provision, paragraph, sentence and clause of this Ordinance has been separately
considered and passed by the City Council of the City of La Porte, Texas, and each said provision would have been
separately passed without any other provision, and if any provision hereof shall be ineffective, invalid or
unconstitutional, for any cause, it shall not impair or affect the remaining portion, or any part thereof, but the valid
portion shall be in force just as if it had been passed alone.
Section 10. A ll other ordinances or parts of ordinances in conflict herewith are hereby repealed, but to the extent
of such conflict only.
Section 11. The City Council officially finds, determines, recites and declares that a sufficient written notice
ofthedate, hour, place and subject of this meeting of the City Council is posted at a place convenient to the
public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter
551,Tx.Gov'tCode;andthatthismeetinghasbeenopento thepublicasrequiredbylawatalltimesduring
which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon.
The City Council further ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 12. This Ordinance shall be effective sixty (60) days after its passage and approval. The City Secretary
shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official
newspaper of the City of La Porte at least once within ten (10) days after the passage of this ordinance.
PASSED AND APPROVED this the ____ day of ___________, 2020.
CITY OF LA PORTE, TEXAS
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
ORDINANCE NO. 2020- 3803
AN ORDINANCE AMENDING CHAPTER 82 "BUILDINGS AND BUILDING
REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE,
TEXAS, BY ADOPTING THE 2018 INTERNATIONAL RESIDENTIAL CODE, 2018
INTERNATIONAL BUILDING CODE, 2018 INTERNATIONAL ENERGY
CONSERVATION CODE, 2018 INTERNATIONAL SWIMMING POOL AND SPA
CODE, 2018 INTERNATIONAL PLUMBING CODE, 2018 INTERNATIONAL
MECHANICAL CODE, 2018 FUEL GAS CODE AND 2020 NATIONAL ELECTRICAL
CODE; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND
DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF;
CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS ACT; AND PROVIDING AN
EFFECTIVE DATE HEREOF
BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 82, "Buildings and Building Regulations", Article II “Building Codes”, of the
Code of Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall
hereinafter read as follows:
ARTICLE II. - BUILDING CODES
Sec. 82-31. - Adoption.
(a) Except as provided in this division, the International Residential Code and the International Building
Code, 2018 editions, published by the International Code Council, is adopted and incorporated as
fully as if set forth at length in this section and the provisions therein shall be controlling in the
design, construction, quality of materials, erection, installation, alteration, repair, location, relocation,
replacement, addition to, use and maintenance of buildings and structures within the city limits. One
copy of the International Residential Code and the International Building Code, 2018 editions, is on
file in the office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety
or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or
regulation of the city, the provision which establishes the higher standard for the promotion of the
health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this article
shall upon conviction be punished as provided in Appendix B.
(d) Fees shall be in accordance with Appendix A of the city's Code of Ordinances.
Sec. 82-32. – International Residential Code amendments.
Section 101.1 Title. These regulations shall be known as the Residential Code for One- and Two-
family Dwellings of the City of La Porte, hereinafter referred to as “this code”.
Subsection R105.2 is amended to read as follows:
R105.2 Work exempt from permit. Exemption from permit requirements of this code shall not be
deemed to grant authorization for any work to be done in any manner in violation of the provisions of
this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the
following:
Building:
1. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
2. Prefabricated swimming pools that are less than 24 inches (610 mm) deep
3. Swings and other playground equipment.
Electrical:
1. Listed cord-and-plug connected temporary decorative lighting.
2. Reinstallation of attachment plug receptacles but not the outlets therefor.
3. Replacement of branch circuit overcurrent devices of the required capacity in the same location.
4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and
not capable of supplying more than 50 watts of energy.
5. Minor repair work, including the replacement of lamps or the connection of approved portable
electrical equipment to approved permanently installed receptacles.
Gas:
1. Portable heating, cooking or clothes drying appliances.
2. Replacement of any minor part that does not alter approval of equipment or make such
equipment unsafe.
3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
Mechanical:
1. Portable heating appliances.
2. Portable ventilation appliances.
3. Portable cooling units.
4. Steam, hot- or chilled-water piping within any heating or cooling equipment regulated by this
code.
5. Replacement of any minor part that does not alter approval of equipment or make such
equipment unsafe.
6. Portable evaporative coolers.
7. Self-contained refrigeration systems containing 10 pounds (4.54 kg) or less of refrigerant or that
are actuated by motors of 1 horsepower (746 W) or less.
8. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe; provided, however, that if any
concealed trap, drainpipe, water, soil, waste or vent pipe becomes defective and it becomes
necessary to remove and replace the same with new material, such work shall be considered as
new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal
and reinstallation of water closets provided such repairs do not involve or require the
replacement or rearrangement of valves, pipes or fixtures.
Table R301.2(1) Climatic and Geographic Design Criteria. Establishment of criteria in accordance
with table shown.
GROUND WIND DESIGNSEISMIC SUBJECT TO DAMAGE FROMWINTER ICE BARRIER FLOOD AIR MEAN
Special Frost
SNOW Speed Topographic Wind Windborne DESIGNWeathering line TermiteDESIGN UNDERLAYMENT HAZARD FREEZINGANNUAL
debris
LOAD (mph) effects regionzone CATAGORY Depth TEMPREQUIRED INDEX TEMP
VERY See FIRM 1500
Wind Zone
OO
32 F 69 F
0 150NO NO 3 A NEGLIGIBLE 12"HEAVYNO Maps andor less
Missile D* Ordinances
MANUAL J DESIGN CRITERIA
Elevation LatitudeWinter Summer Altitude Indoor design DesignHeating temperature
heating cooling correction factortemperature temperature cooling difference
OOOOOO
2940'32 F94 F1 70 F 75 F38F
23ft to 9ft - Check Site
Wind Wind
Cooling velocity velocity Coincident Daily WinterSummer
temperature difference heating coolingwet bulbrange humidityhumidity
O
19 F 78M60% 85%
15 mph 7.5 mph
*Windborne Debris Protection:
Skylights are missile level C
Missile levels are for elevations less than or equal to 30 ft
Section R301.2.1.2 Protection of Openings. Exterior glazing, in new or building additions, located in
windborne debris regions shall have glazed openings protected from windborne debris. Glazed
opening protection for windborne debris shall meet the requirements of the Large Missile Test of
ASTM E 1996 and ASTM E 1886 referenced therein. Garage door glazed opening protection for
windborne debris shall meet the requirements of an approved impact-resisting standard or
ANSI/DASMA 115.
Code Deletions.
The following sections of the 2018 International Residential Code are deleted.
Subsection R309.5 Fire Sprinklers
Section R313 Automatic Fire Sprinkler Systems
Subsection R905.7 Wood Shingles
Subsection R905.8 Wood Shakes
Section P2904 Dwelling Unit Fire Sprinkler Systems
Part VIII, Electrical Chapters 34-43 (E3401 thru E4304.5) are deleted in their entirety.
Sec. 82-33. –International Building Code amendments.
The building code adopted in section 82-31 of this article shall be amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Building Code of the City of La Porte,
hereinafter referred to as "this code".
Subsection 105.2is amended to read as follows:
Subsection 105.2. Work exempt from permit: Exemptions from permit requirements of this code shall
not be deemed to grant authorization for any work to be done in any manner in violation of the
provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required
for the following:
Building:
1. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
2. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches
(610 mm) deep, are not greater than 5,000 gallons (18 925 L) and are installed entirely above
ground.
3. Swings and other playground equipment accessory to detached one- and two-family dwellings.
Electrical:
1. Repairs and Maintenance: Minor repair work, including the replacement of lamps or the
connection of approved portable electrical equipment to approved permanently installed
receptacles.
2. Radio and television transmitting stations: The provisions of this code shall not apply to electrical
equipment used for radio and television transmissions, but do apply to equipment and wiring for
a power supply and the installations of towers and antennas.
3. Temporary testing systems: A permit shall not be required for the installation of any temporary
system required for the testing or servicing of electrical equipment or apparatus.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval of equipment or make such
equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and
actuated by motors of 1 horsepower (0.75 kW) or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any
concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes
necessary to remove and replace the same with new material, such work shall be considered as
new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal
and reinstallation of water closets, provided that such repairs do not involve or require the
replacement or rearrangement of valves, pipes or fixtures.
Chapter 16, Basic wind speed for the City shall be as follows:
Figure 1609.3(1) – Basic Design Wind Speeds (3-Second Gust) – 150 M.P.H.
Figure 1609.3(2) – Basic Design Wind Speeds (3-Second Gust) – 160 M.P.H.
Figure 1609.3(3) – Basic Design Wind Speeds (3-Second Gust) – 160 M.P.H.
Figure 1609.3(4) – Basic Design Wind Speeds (3-Second Gust) – 140 M.P.H.
Code Deletions.
The following sections of the 2018 International Building Code are deleted.
Subsection 1507.8 Wood shingles
Subsection 1507.9 Wood shakes
Section 27 Electrical. Chapter (Sections 2701 thru 2702.4) is deleted in its entirety.
Section 28 Mechanical Systems. Chapter (Section 2801) is deleted in its entirety.
Section 419 Live/Work Units. Deletion of entire section (Sections 419.1 thru 419.9).
Sec. 82-34. - Liability insurance requirements for holders of permits for moving buildings.
The holder of a permit for the moving of a building shall be required to carry liability insurance in the
following sums:
(1) The minimum sum of $50,000.00 for injury or death of one person, or $100,000.00 for injury or
death to more than one person from any one accident; and
(2) The minimum sum of $100,000.00 for property damage for any one accident.
Such policy shall contain a provision obligating the insurer to give a written notice of cancellation, not less
than ten days prior to the date of such cancellation, to the building inspector. No moving permit will be
issued unless such insurance is in full force and effect.
Sec. 82-35. - General and building contractors; liability insurance requirements.
(a) No permit shall be issued for any general or building contracting work, as such work is defined
within the International Building Code, adopted in section 82-31, until the general or building
contractor or his employer shall have arranged to carry the following insurance:
(1) Workers' compensation insurance on each and every one of his employees as required and in
accordance with the provisions of the state Workers' Compensation Act;
(2) Public liability insurance to the extent of $50,000.00 for any one accident, and $100,000.00 for
any one person; and
(3) Property damage insurance to the extent of $10,000.00 for any one accident, and $100,000.00
in the aggregate.
(b) Such insurance shall be written by an accredited company under the supervision of the board of
insurance commissioners of the State of Texas.
(c) Evidence of compliance with the insurance requirements of subsections (a) and (b) of this section
shall be considered as having been met when the policy, a copy thereof, or a certificate of insurance
has been filed with and approved by the chief building official of the city. Such policy shall include an
endorsement thereon that the chief building official will be notified at least ten days in advance in the
event of the policy being cancelled or expiring before the expiration date of the license.
Sec. 82-36. - Plan review fee.
\[Amounts established by the city and listed in appendix A of this Code.\]
Sec. 82-37. - Minimum size stud walls where drain, waste and/or vent plumbing is installed.
Minimum six-inch stud walls shall be required where drain, waste and vent (DWV—Horizontal and/or
vertical) plumbing is installed. The use of two by six studs (wood or metal) shall be required for new
construction and additions (addition of square footage) for both residential and non-residential
construction where DWV plumbing is installed.
Secs. 82-38—82-65. - Reserved.
Section 2: That Chapter 82, "Buildings and Building Regulations", Article III “Plumbing Code”, of
the Code of Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall
hereinafter read as follows:
“Article III “Plumbing Code”
Sec. 82-66. - Adoption.
(a) Except as provided in this article, the International Plumbing Code, 2018 edition, published by the
International Code Council, is adopted and incorporated as fully as if set forth at length in this section
and the provisions therein shall be controlling and apply to in the, erection, installation, alteration,
repairs, relocation, replacement, addition to, use and or maintenance of plumbing systems within the
city limits. One copy of the International Plumbing Code, 2018 Edition, is on file in the office of the
city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety
or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or
regulation of the city, the provision which establishes the higher standard for the promotion of the
health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this article
shall upon conviction be punished as provided in Appendix B.
(d) Fees shall be in accordance with Appendix A of the City's Code of Ordinances.
Sec. 82-67. -Amendments.
The plumbing code adopted in section 82-66 of this article shall be amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Plumbing Code of the City of La Porte,
hereinafter referred to as "this code".
Code Deletions.
The following sections of the 2018 International Plumbing Code are deleted in their entirety..
Subsection 106.6.2Fee schedule.
Subsection 106.6.3 Fee refunds.
Section 109 Means of Appeal.
Sec. 82-68. - Plumbing and mechanical contractors; liability insurance requirements.
(a) No permit shall be issued for any plumbing contract work, as such work is defined within the city
codes adopted in sections 82-31 and 82-66 until the plumbing contractor or his employer shall have
arranged to carry the following:
(1) Workers' compensation insurance on each and every one of his employees as required and in
accordance with the provisions of the Workers' Compensation Act of the State of Texas;
(2) A certificate of insurance must be:
a. Written by a company licensed to do business in this state;
b. Provided for commercial general liability insurance for the master plumber for claims for
property damage or bodily injury, regardless of whether the claim arises from a negligence
claim or on a contract claim; and
c. A coverage amount of not less than $300,000.00 for all claims arising in any one-year
period.
(b) Such insurance shall be written by an accredited company under the supervision of the board of
insurance commissioners of the state.
(c) Evidence of compliance with the above insurance requirements shall be considered as having been
met when the policy, a copy thereof, or a certificate of insurance has been filed with and approved by
the chief building official of the city. Such policy shall include an endorsement thereon that the chief
building official will be notified at least ten days in advance in the event of the policy or policies being
cancelled or expiring before the expiration date of the license.
Secs. 82-69—82-100. - Reserved.
Section3:ThatChapter82,"Buildings and Building Regulations",Article IV“Electric Code”, ofthe
Code of Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall
hereinafter read as follows:
“ARTICLE IV. - ELECTRICAL CODE
DIVISION 1. - GENERALLY
Sec. 82-101. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Apprentice electrician means the holder of an apprentice electrician license.
Electrical work means the installing, maintaining, altering, repairing or erecting of any electrical
wiring, apparatus, devices, appliances, fixtures or equipment for which a permit is required under the
terms and provisions of the electric code.
Inspector shall mean the chief building official of the city or any of the division construction inspectors
under her/his supervision.
Journeyman electrician means the holder of a journeyman electrician license.
Master electrician means the holder of a master electrician license.
Sec. 82-102. - Electrical work to be done only by or under licensed master electrician.
(a) Except as provided in this article, it shall be unlawful for any person to do electrical work within the
city unless such person is a master electrician licensed under the provisions of the Electrician's
Occupations Code (a.k.a. The Texas Electrical Safety and Licensing Act), or unless such person
does such electrical work under the supervision, direction and control of a master electrician licensed
under the provisions of said code.
(b) Nothing in the Electrician's Occupations Code (a.k.a. The Texas Electrical Safety and Licensing Act)
shall ever be construed or operate to prevent any person from doing electrical work in or on his
property which he owns, where he resides and which he maintains as a homestead. Such
homeowner shall not be required to be a licensed electrician but shall otherwise conform to all other
requirements of said code. In doing electrical work on his own property, as provided in this
subsection, such owner shall not use any hired assistant unless such assistant is duly licensed under
the terms of said code.
(c) Except as provided in subsection (b) of this section, no electrical work shall be performed by any
person not the holder of the required license. No person, firm or corporation shall employ any other
person for doing electrical work unless such person proposed to be employed is the holder of the
proper license.
Sec. 82-104. - Tampering.
(a) It shall be unlawful for any person to bridge, tamper with or change from its original installation,
except upon the approval of the inspector, and then only after a proper permit for alteration has been
issued, any fuse of the plug, cartridge type or link type, installed in panel boards, main switches or
switchboards, or to alter or change circuit breakers so that the original calibration will be affected, or
to tie down or secure any circuit breaker so that it will not function properly.
(b) It shall be unlawful for any person, in any manner, to interfere with any electrical wiring installed or
being installed in, or on, within or without any structure or building. If in the course of erection of a
building or structure the wiring is in such position as to interfere with the erection or completion of the
building or structure as called for by the plans, notice shall immediately be given the person installing
the wiring and the needed change shall be made by such person.
(c) It shall be unlawful for any person to make connection from a source of electrical energy to any
electrical wiring, apparatus, devices, appliances, fixtures and equipment for the installation of which
a permit is required until it shall have received an approval by the inspector.
(d) It shall be unlawful for any person to make connection from a source of electrical energy to any
electrical wiring, apparatus, devices, appliances, fixtures and equipment which have been
disconnected by the inspector or the use of which has been ordered by the inspector to be
discontinued until approval has been issued by the inspector.
Secs. 82-105—82-150. - Reserved.
DIVISION 2. - RESERVED
Secs. 82-151—82-280. - Reserved.
DIVISION 3. - PERMITS
Sec. 82-281. - Required; exceptions.
(a) No wiring, poles, duct line, guy anchors, apparatus, devices, appliances, fixtures or equipment for
the transmission, distribution or utilization of electrical energy for any purpose shall be installed
within the city limits, nor shall any alteration or addition be made in any such existing wiring, poles,
duct lines, guy anchors, apparatus, devices, appliances, fixtures or equipment without first securing a
permit therefor from the inspector, except that no permit shall be required for the following:
(1) Replacing fuses or lamps or the connection of portable devices to suitable receptacles which
have been permanently installed or for repairs to portable appliances.
(2) Minor repair work, such as repairing or replacing flush and snap switches, receptacles and
lamp sockets, or minor repairs on permanently connected electric apparatus, appliances,
fixtures or equipment, or the installation of light globes.
(3) The installation, maintenance or alteration of wiring, apparatus, devices, appliances or
equipment for telegraph, telephone, signal service or central station protective service used in
conveying signals or intelligence, except where electrical work is done on the primary side of
the source of power from the power company at a voltage over 50 volts and which generates
more than 500 watts of energy.
(4) Poles and guy anchors, for the installation, maintenance or alteration of electric wiring,
apparatus, devices, appliances or equipment to be installed by an electric public service
corporation for the use of such corporation in the generation, transmission, distribution, sale or
utilization of electrical energy. However, an electric public service corporation shall not do any
wiring on a customer's premises other than wiring which is part of the company's distribution
system, nor shall any of its employees do any work other than that done for the company as
provided for in this section, by virtue of this exemption.
(5) The installation of temporary wiring, apparatus, devices, appliances or equipment used by a
recognized school in teaching electricity.
(b) Where no permit is required for the installation or repair of wiring, apparatus, devices or equipment
for the transmission, distribution or utilization of electrical energy for any purpose, the wiring,
apparatus, devices or equipment shall be installed or repaired in conformity with the provisions of
this article.
Sec. 82-282. - Application and issuance.
(a) The application for a permit shall describe the work to be done and shall be made in writing by a
master electrician or his company representative. The permit, when issued, shall be issued to such
applicant to cover such work as described and detailed. Any changes or additions must be covered
by additional permits at the time changes are made. The application shall be accompanied by such
plans, specifications and schedules as may be necessary to determine whether the installations, as
described, will be in conformity with the requirements of this article.
(b) Reserved.
(c) Reserved.
(d) If it is found that the installation, as described, will, in general, conform to the requirements of this
article, and if the applicant has complied with all provisions of the ordinances of the city, a permit for
such installation shall be issued. The issuance of a permit will not be taken as permission or as a
license to violate any of the requirements of this article or any other ordinance of the city.
(e) The inspector may issue and enforce any rules or regulations he may deem necessary covering the
granting of emergency permits, where real emergencies exist.
(f) Before a permit is issued, fees shall be paid to the city in amounts listed in appendix A of the city's
Code of Ordinances.
Sec. 82-283. - Reserved.
Sec. 82-284. - Insurance requirements.
(a) No permit shall be issued until the master electrician shall have arranged to carry the minimum
insurance as required by the Administrative Rules of the Texas Department of Licensing and
Regulation, 16 Texas Administrative Code, Chapter 73; Section 73.40.
(b) Evidence of compliance with the insurance requirements of subsection (a) of this section shall be
considered as having been met when a certificate of insurance has been filed with and approved by
the city. Such policy shall include an endorsement thereon that the city will be notified at least ten
days in advance in the event of the policy being cancelled.
Secs. 82-285—82-305. - Reserved.
DIVISION 4. - INSPECTIONS
Sec. 82-306. - Inspector's responsibilities.
The inspector shall, upon application, cause to be issued permits for the installation and alteration of
electrical wiring, devices, appliances, fixtures, apparatus and equipment, and certificates of final approval
therefor, and shall be responsible for inspection of all new electrical installations and re-inspections of all
electrical installations, all as provided in this article. He shall keep complete records of all permits issued,
inspections and re-inspections made, and other official work performed in accordance with the provisions
of this article.
Sec. 82-307. - Entry upon private property.
The inspector shall have the right from 7:30 a.m. to 5:30 p.m. (Monday—Friday) or in emergency
situations, to enter any building in the discharge of his official duties or for the purpose of making any
inspection, reinspection or test of the installation of electrical wiring, apparatus, devices, appliances,
fixtures and electrical equipment contained therein, and shall have the authority to cause the turning off of
all electrical currents and to cut or disconnect in cases of emergency any wire where such electrical
currents are dangerous to life and property, or where such wires may interfere with the work of the fire
department. The inspector is hereby empowered in emergencies to disconnect and to order the
discontinuance of electrical service to any electric wiring, apparatus, device, appliance, fixture or
equipment found to be dangerous to life or property because of its being defective or defectively installed
or otherwise not in conformity with the provisions of this article until such wiring, apparatus, device,
appliance, fixture and equipment and their installation have been made safe as directed by him/her in
conformity with this article.
Sec. 82-308. -Installations to be concealed.
When any part of a wiring installation is to be concealed by permanent placement of parts of a
building, the master electrician or authorized representative to whom the permit has been issued shall
notify the inspector, provided that on such installation as the concealment or parts of the wiring must, in
the discretion of the inspector, necessarily proceed continuously, the master electrician to whom the
permit has been issued shall give the inspector due notice, and inspection made periodically during the
progress of work. Where, in the discretion of the inspector, it is necessary, he shall post notice upon the
premises stating that work has been approved and may be covered, or it is not approved and may not be
covered until such further inspection as is necessary has been made. Any person destroying, altering or
defacing such notice without the consent of the inspector, shall be deemed guilty of an offense under this
section, and any work described in the notice shall be stayed pending the further necessary inspection.
Upon the completion of the work that has been authorized by the issuance of a permit, it shall be the duty
of the master electrician to whom the permit has been issued to immediately notify the inspector, who
shall inspect such installations within three days, exclusive of weekends and holidays, of the time such
notice was given.
Sec. 82-309. - Authorization for electrical service.
If the work is found to be in compliance with the provisions of this article, the inspector, subject to the
other applicable provisions of this article, shall issue a final approval to the public utility corporation
furnishing the electrical service or the person supplying the energy, which approval shall authorize
connection of such approved work to the source of energy of the electrical service, the turning on of
current and the use of the installation. No connection shall be made until such authorization and final
approval is given.
Sec. 82-310. - Reinspection; correction of unsafe conditions.
The inspector shall make, upon information or belief that faulty conditions exist, a thorough
reinspection of any electrical wiring, apparatus, devices, appliances, fixtures and equipment now installed
or that may hereafter be installed and within the scope of this article, and when the installation of such
wiring, apparatus, devices, appliances, fixtures and equipment is found to be at variance with the original
permit issued, or to be in a dangerous or unsafe condition, or if it is found that the electrical measuring
device has been tampered with so as to create a condition dangerous to the continuity of the electrical
service or to property, the person owning, using or operating the same shall be notified in writing and
shall make the necessary repairs or changes required to place such wiring, apparatus, devices and
equipment in safe condition so as to relieve the hazards created by such unauthorized conditions, and
shall have such work completed within ten days, or any reasonably longer period specified by the
inspector in the written notice.
Sec. 82-311. - Schedule of fees for inspection.
The master electrician making or supervising installation or alteration of electric wiring, apparatus,
devices, appliances, fixtures or equipment, shall pay to the city fees in such amounts as established by
the city and listed in appendix A of this Code.
Sec. 82-312. - Reserved.
Secs. 82-313—82-335. - Reserved.
DIVISION 5. - STANDARDS
Sec. 82-336. - National Electrical Code—Adoption.
(a) Except as provided in this article, the National Electrical Code, 2020 Edition, is hereby adopted as
the regulations to govern and to be observed and followed in all electric wiring and in all electrical
construction, installation, repair, alteration, operation and maintenance of electric wiring, apparatus
and fixtures, except for the amendments adopted in sections 82-337 through 82-350, of this chapter.
One copy of the National Electrical Code, 2020 Edition, is on file in the office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety
or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or
regulation of the city, the provision which establishes the higher standard for the promotion of the
health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this article
shall be deemed to have committed a class C misdemeanor and upon conviction shall be punished
by a fine in an amount as provided in appendix B of this Code.
(d) All applicable fees shall be in accordance with appendix A of this Code.
Sec. 82-337. - Same—Amendments.
The electrical code adopted in section 82-336 is amended to read as provided in sections 82-338
through 82-350.
Sec. 82-338. - Aluminum conductors.
(a) Aluminum conductors may not be used in any wiring within residential buildings. However, in
residential developments aluminum conductors shall be allowed up to the line side of the meter socket
only.
(b) Aluminum conductors may be used in commercial applications as follows:
(1) Outside aerial conductors, and
(2) Service entrance conductors.
Sec. 82-339. - Installation of electrical devices.
All electrical devices (including but not limited to outlets and switches) shall be installed with the
screw-wrap or approved screw clamp installation. Back or quick stab installation is prohibited.
Sec. 82-340. - Reserved.
Sec. 82-341. - Reserved.
Sec. 82-342. - Wiring within buildings.
Nonmetallic sheathed cable shall be used only for residential work, apartment houses, hotels, motels
and similar occupancies equal to and less than three stories in height. Conductors in or on all tile and
masonry walls of such buildings shall be encased in rigid conduit, flexible conduit, PVC conduit or
electrical metallic tubing. Minimum size nonmetallic sheathed cable shall be limited to No. 12 AWG.
Sec. 82-343—82-347. - Reserved.
Sec. 82-348. - Franchise to install equipment in streets.
No person or public service company that does not operate under a franchise granted by the city
shall have the right to install any electrical conduit, wires, ducts, poles or equipment of any character for
the transmission, distribution or utilization of electrical energy, or for the operation of signals or the
transmission of intelligence on, over or under the streets in the city, without first obtaining from the city
council a franchise right or grant for the particular installation so desired to be made. Any such installation
so made under such franchise or grant shall be in strict conformity with all rules and regulations and
ordinances of the city.
Sec. 82-349. -Suspension of approval of materials.
The building codes appeal board (BCAB) may, for the good and justifiable reasons suspend or
revoke the approval of certain materials or wiring.
Sec. 82-350. - Prohibition of installation of nonconforming goods.
(a) No electrical materials, apparatus, devices appliances, fixtures or equipment shall be installed in the
city unless they are in conformity with the provisions of this article and the statutes of the state.
(b) The maker's name, trademark or other identification symbol shall be placed on all electrical
materials, apparatus, devices, appliances, fixtures and equipment used or installed under the
provisions of this article.
Secs. 82-351—82-380. - Reserved.
Section 4: That Chapter 82, "Buildings and Building Regulations", Article V “Reserved”, of the Code
of Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall hereinafter read
as follows:
“ARTICLE V. – FUEL GAS CODE
Sec. 82-385. - Adoption.
(a) Except as provided in this article, the International Fuel Gas Code, 2018 Edition, published by the
International Code Council, is adopted and incorporated as fully as if set forth at length in this section
and the provisions therein shall be controlling in the design, construction, quality of materials,
erection, installation, alteration, repair, location, relocation, replacement, addition to, use and
maintenance of buildings and structures within the city limits. One copy of the International Fuel Gas
Code, 2018 Edition, is on file in the office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety
or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or
regulation of the city, the provision which establishes the higher standard for the promotion of the
health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this article
shall upon conviction be punished as provided in Appendix B.
(d) Fees shall be in accordance with Appendix A of the city's Code of Ordinances.
Code Deletions.
The following sections of the 2018 International Fuel Gas Code are deleted in its entirety:
Subsection 106.6.2 Fee schedule.
Subsection 106.6.3 Fee refunds.
Section 109 Means of Appeal.
Section5: ThatChapter82,"Buildings and Building Regulations",Article VI “Energy
Conservation Code”, of the Code of Ordinances of the City of La Porte, Texas, is hereby amended
in its entirety and shall hereinafter read as follows:
“ARTICLE VI. -ENERGY CONSERVATION CODE
DIVISION 1. - GENERALLY
Sec. 82-411. - Purpose.
This article is declared to be remedial and establishes minimum prescriptive and
performance-related regulation for the design of energy-efficient buildings and structures for the
effective use of energy.
DIVISION 2. - STANDARDS
Sec. 82-412. - Adoption.
(a) Except as provided in this article, the International Energy Conservation Code, 2018 edition,
published by the International Code Council, as amended in section 82-413 of this article or
addressed by the energy efficiency regulations of the International Residential Code, 2018 edition,
as adopted by section 82-31 of this chapter, is adopted and incorporated as fully as if set forth at
length in this section and the provisions therein shall be controlling in the design, construction,
quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition
to, use and maintenance of buildings and structures within the city limits. One copy of the
International Energy Conservation Code, 2018 edition is on file in the office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety
or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or
regulation of the city, the provision which establishes the higher standard for the promotion of the
health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this article
shall upon conviction be punished as provided in Appendix B.
Sec. 82-413. - Amendments.
The energy conservation code adopted in section 82-412 of this article shall be amended to read as
follows:
Section C101.1 Title. This code shall be known as the International Energy Conservation Code of the
City of La Porte, and shall be cited as such. It is referred to herein as "this code".
Section C105.1 General. Construction or work for which a permit is required shall be subject to all
rd
required inspections. Inspections shall be performed by a certified and/or licensed party (i.e. 3
Party).
Section R101.1 Title. This code shall be known as the International Energy Conservation Code of the
City of La Porte, and shall be cited as such. It is referred to herein as "this Code".
Section R105.1 General. Construction or work for which a permit is required shall be subject to all
rd
required inspections. Inspections shall be performed by a certified and/or licensed party (i.e. 3
Party).
Code Deletions.
Sections C105.3 thru C105.7.1 are deleted in their entirety.
Sections R105.3 thru R105.7.1 are deleted in their entirety.
Section 6: That Chapter 82, "Buildings and Building Regulations", Article VII “Mechanical Code”,
of the Code of Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall
hereinafter read as follows:
“ARTICLE VII. - MECHANICAL CODE
Sec. 82-441. -Adoption.
(a) Except as provided in this article, the International Mechanical Code, 2018 edition, published by
the International Code Council, is adopted and incorporated as fully as if set forth at length in this
section and the provisions therein shall be controlling in the design, construction, quality of materials,
erection, installation, alteration, repair, location, relocation, replacement, addition to, use and
maintenance of buildings and structures within the city limits. One copy of the International
Mechanical Code, 2018 Edition is on file in the office of the city secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire,
safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance or
code or regulation of the city, the provision which establishes the higher standard for the promotion
of the health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this article
shall upon conviction be punished as provided in Appendix B.
(d) Fees shall be in accordance with Appendix A of the city's Code of Ordinances.
Sec. 82-442. - Amendments.
Code Deletions.
The following sections of the 2018 International Mechanical Code are deleted in their entirety:
Subsection 106.5.2 Fee schedule
Subsection 106.5.3 Fee refunds
Section 109 Means of Appeal.
Secs. 82-443—82-470. - Reserved.”
Section 7: That Chapter 82, "Buildings and Building Regulations", Article XI “Swimming Pools”, of
the Code of Ordinances of the City of La Porte, Texas, is hereby amended in its entirety and shall
hereinafter read as follows:
“ARTICLE XI. - SWIMMING POOLS
Sec. 82-631. – Reserved.
Sec. 82-632. Swimming Pool and Spa Code adopted.
(a) Except as provided in this section, the International Swimming Pool and Spa Code, 2018 edition,
published by the International Code Council, is adopted and incorporated as fully as if set forth at
length in this section and the provisions therein shall be controlling for the design, construction,
alteration, movement, renovation, replacement, repair and maintenance of aquatic recreation
facilities, pools, spas, hot tubs and aquatic facilities. The pools and spas covered by this code are
either permanent or temporary, and shall be only those that are designed and manufactured to be
connected to a circulation system and that are intended for swimming, bathing or wading. One copy
of the International Swimming Pool and Spa Code, 2018 Edition, is on file in the office of the city
secretary.
(b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety
or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or
regulation of the city, the provision which establishes the higher standard for the promotion of the
health and safety of the people shall prevail.
(c) Any person who shall violate any provision of the standards adopted or established in this article
shall upon conviction be punished as provided in Appendix B.
Sec. 82-633. - Water quality.
(a) The provisions of this section shall apply to public swimming pools.
(b) All public swimming pools, as well as wading pools shall maintain water quality at all times
consistent with the requirements set forth in this section:
(1) Disinfectant. There shall be introduced into such pools sufficient disinfectant so as to maintain
at all times a free chlorine residual of not less than 1.0 ppm as shown by the standard ortho-
tolidine test, which level shall be maintained in all parts of the pool.
(2) Acidity-alkalinity. The pool water shall be maintained in an alkaline condition so that pH of the
water shall not be less than 7.2.
(3) Clarity of water. The pool water shall be sufficiently clear so that the main drain in the deepest
part of the pool is clearly visible from the edge of such pool nearest the drain.
(4) Algae. Pool water, floors, walls and surrounding decks and overflow gutters shall be kept free
of algae.
(5) Bacterial quality. Not more than 15 percent of samples tested shall show the presence of
coliform organisms nor have a plate count of more than 200 bacteria per milliliter.
(6) Recirculation system. Each public swimming pool shall be equipped with a recirculation system
which shall consist of pumping equipment, hair and lint catcher and filters. Wading pools shall
be physically separated from swimming pools and shall be served by the swimming pool
recirculation system or by a separate system.
Sec. 82-634. - Annual public swimming pool license.
(a) Required; application. It shall be unlawful to establish, maintain or operate a public swimming pool
without first securing a public swimming pool license from the inspection services division. Written
application for such license must be filed with the inspection services division, and must contain
sufficient information to identify the owners and/or operators of the public swimming pool, the
location of such pool, and the name and address of the person seeking the license.
(b) Operation without license. It shall be unlawful for any public swimming pool owner or operator to
operate such a swimming pool unless he shall have made application for a public swimming pool
license.
(c) Validity; fees. Licenses shall be valid for a period of one year beginning on May 1 of each year and
shall be renewable annually during the month of April. The license fee and annual license renewal
shall be a sum as established by the city and listed in appendix A of this Code. License fees for
licenses issued after May 1 of each license year shall be prorated upon the basis of an amount as
established by the city and listed in appendix A of this Code for each elapsed month, or fraction
thereof, since May 1 of such year. All license fees shall be nonrefundable.
(d) Transferal. Public swimming pool licenses shall be nontransferable.
(e) Inspections. By the acceptance of the license, the licensee shall be deemed to authorize the
inspection of his swimming pool at all reasonable hours. Failure to permit such inspection shall be
grounds for suspension or revocation of the license.
(f) Inspection results; discrepancies. Upon each such inspection by the inspection services division, the
result of the inspection will be communicated to the licensee. Discrepancies found in the water
quality standards, as required by section 82-633, shall be corrected within a time period specified by
the building official. If such discrepancy is considered, in the opinion of the building official, to be
hazardous to the health and safety of the public, such license may be suspended until the
discrepancy is corrected. It shall be unlawful to maintain or allow the use of a public swimming pool
during such period of suspension.
Sec. 82-635. Reserved.
Sec. 82-636. Amendments
The International Swimming Pool and Spa Code adopted in section 82-632 of this article shall be
amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Swimming Pool and Spa Code of the City of
La Porte, hereinafter referred to as "this code".
302.6 Wastewater Discharge. Where wastewater from pools or spas, such as backwash water from filter
discharges shall drain to a building drainage system and shall be of a connection made through an air
gap in accordance with the International Plumbing Code or the International Residential Code in
accordance with Section 102.7.1. If water from deck drains discharge to a building drainage system, the
connection shall be through an air gap in accordance with the International Plumbing Code or the
International Residential Code in accordance with Section 102.7.1.
Code Deletions.
The following sections of the 2018 International Swimming Pool and Spa Code are deleted:
Subsection 105.6.2 Fee schedule.
Subsection 105.6.3 Fee refunds.
Section 108 Means of Appeal.
Section 8. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be
shall be fined in a sum not to exceed two thousand dollars.
Section 9. Each and every provision, paragraph, sentence and clause of this Ordinance has been
separately considered and passed by the City Council of the City of La Porte, Texas, and each said
provision would have been separately passed without any other provision, and if any provision
hereof shall be ineffective, invalid or unconstitutional, for any cause, it shall not impair or affect
the remaining portion, or any part thereof, but the valid portion shall be in force just as if it had
been passed alone.
Section 10. A ll other ordinances or parts of ordinances in conflict herewith are hereby repealed,
but to the extent of such conflict only.
Section 11. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted
at a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 12. This Ordinance shall be effective sixty (60) days after its passage and approval. The
City Secretary shall give notice of the passage of this ordinance by causing the caption hereof
to be published in the official newspaper of the City of La Porte at least once within ten (10)
days after the passage of this ordinance.
PASSED AND APPROVED this the ____ dayof ___________, 2020.
CITY OF LA PORTE, TEXAS
Louis R. Rigby, Mayor
ATTEST: APPROVED AS TO FORM:
________
Lee Woodward, City Secretary Clark T. Askins, Assistant City Attorney
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5
3514 Pinemont, Houston, Texas 77018 713-681-5300 * Fax: 713-681-6675 TACLA 44328C MPL 38021
Mayor Luis Rigby
La Porte City Council
604 W Fairmont Parkway
La Porte, TX 77571
August 14, 2020
To the Honorable Mayor Rigby,
We at Mesa Mechanical Inc. provides this letter in support of the City of La Porte’s adoption of the
International Code Council (ICC) family of codes (I-Codes). Specifically, the addition of the International
Plumbing Code, the International Mechanical Code and the International Fuel Gas Code to the currently
adopted International Residential Code, International Building Code, International Fire Code, and the
International Energy Conservation Code.
Mesa Mechanical Inc. is a mechanical and plumbing contractor doing work in Houston and the
surrounding Cities of the area. The International Codes are adopted by many of the Cities of the area. This
is a benefit to Our Mechanics and Installers to know one code as they would move from jurisdiction to
jurisdiction in the Greater Houston area. Mesa also does work in other municipalities of Texas and they
too are enforcing the International codes thus making it a more consistent installation from City to City.
This consistency from City to City allows for less issues with the code discrepancy from the cities we work
in and a consistent product throughout the area.
Mesa Mechanical Inc. encourages and supports the City of LaPorte adopting the International Mechanical,
Plumbing and Fuel Gas Codes as Their Code enforcement standards so there is an more consistence use
of one Code throughout the state of Texas.
We hope our position is met with your acceptance and encouragement, and we welcome the opportunity
for further dialogue or feedback with the La Porte City Council regarding the matter.
Best regards,
Joel Eggebrecht
Mesa Mechanical Inc.
Vice President of Plumbing Operations
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05 August 2020
The Honorable Luis Rigby
Mayor of La Porte, TX
604 W Fairmont Parkway
La Porte, TX 77571
Mayor Rigby:
The South-central Partnership for Energy Efficiency as a Resource (SPEER) is providing this
letter in support of the City of La Porte adoption of the I-Code (International Code Council)
family of building codes, including the International Plumbing Code and the International
Mechanical Code. These codes will build upon and add consistency of code development,
adoption and interpretation.
The International Code Council is largest code development body in the U.S. with more than
65,000 members including Building Officials, Inspectors, Plan Reviewers as well as
representatives of trade organizations representing home builders, contactors, materials
manufacturers and suppliers. The I-Codes are developed and updated through an in-depth
process of proposals, comments, hearings and final voting by the officials responsible for
ensuring compliance with the codes. This results in codes that are effective, promote health,
safety and efficiency in building practices, and are enforceable by the code officials charged
with ensuring such compliance. Most importantly, the I-Codes are a family of codes that are
developed to maintain consistency among and between the various code families. This
consistency is the foundation of effective design, construction and compliance and should be
SPEER is the U.S. Department of Energy recognized Regional Energy Efficiency Organization
supporting energy and building code education, adoption and compliance throughout Texas and
Oklahoma. SPEER has provided more than 12,000 hours of ICC certified continuing education
training to code officials, builders and contractors and in conjunction with our network of 35
volunteer Energy Code Ambassadors, acts as a resource for jurisdictions and individuals
seeking information about energy code compliance in the region.
Thank you for the opportunity to support the City of La Porte in this process. Feel free to contact
SPEER at any time regarding this or any other issue.
All the best,
Todd
Todd B. McAlister
Executive Director
SPEER
1201 Spyglass Dr., Ste 100 Austin, Texas 78746 phone: 512-279-0750 www.eepartnership.org @EEpartnership
2455 Paces Ferry Rd., Atlanta, GA 30339
August 26, 2020
La Porte City Council
Mayor Luis Rigby and City Council Members
604 W Fairmont Parkway
La Porte, TX 77571
Re: Support of I-Code adoption in La Porte Texas.
Dear Mayor & Council Members,
I am writing to express support, on behalf of myself and The Home Depot, for adopting the International
Plumbing, Mechanical, and Fuel Gas Codes for use in the city of La Porte.
The reason is simple. The International Code requires no corelating committee changes, or
interpretation, in order to mesh the adopted plumbing, mechanical, and fuel gas codes with the
International Building Code, International Residential Code, and the International Energy Conservation
Codeas currently adopted by your city.There is no need to seek interpretation from local inspectorsto
resolve differences between the building code and the plumbing or mechanical codes during
construction. Local Inspectors dont have the available time, especially when rebuilding after natural
disasters.
While 2006 or later versions of the IBC, IRC, and IECC are required to be adopted by SECO & TDI
(including Texas revisions for windstorms) every city in Texas is free to adopt either of the available
Mechanical & Plumbing codes. As a licensed mechanical contractor in three states and a licensed
master plumber in eleven, Texas is the only state for which I am held responsible to comply with two
separate sets of codes for the same trade .
In our state, only eight cities continue to adopt the Uniform codes, half of those being concentrated in
the Houston area. I personally grew up in the plumbing business using the Uniform code and
understand the loyalty for this code. After the consolidationof BOCA, ICBO, and SBCCI into the ICC it
seemed to us like something new. On the other hand theUniform Codes seemed more familiar and
included installation standards (IS) referenced in the code. These standards were adopted as part of
the code, with the other referenced standards. The Uniform code also had a special place, chapter 14
in the UPC or chapter 17 of the UMC where all referenced standards were listed and included in
adoption with the code. This separation of the Standard from their applicable chapters always created
confusion among the trades persons.
As IAPMO began marketing their code in Asia and the Pacific, establishing seven overseas offices
including China & India, they transitioned the Uniform codes to include the referenced standards within
the section to which they applied, like NFPA and ICC. They also began removing many of the
Installation Standards (IS) from the appendix. In essence removing the one reason that we loved about
the Uniform Code. Now its almost like the other codes.
LICENSES:
TEXAS - TACLA1574C / ME137170 / EC24447 / JE127673 / RAI411592 / RB3481 / WT4195 / LI18140 / BP14802 / M-16451 RMP Medical Gas WSPS
ARKANSAS MP6616, FLORIDA - CAC1813767 / CFC1426021, HAWAII - CT30305, ILLINOIS 058-169244, LOUISIANA - LMP6987 / LNGF9285,
MINNESOTA - 93716-PM / AM729239 / EA731567, MISSOURI St. Louis County P9828 / Springfield BTC-9073, MONTANA - ELE-EM-LIC-31718, NEW MEXICO - 395464,
NORTH DAKOTA MP1638 / M3759, OKLAHOMA OK-106339, SOUTH DAKOTA FLM-TX-R1108-16-1965C / JM 6916 / EC 3363. WASHINGTON MOOREJR934LN / MOORERW833PS
US EPA Certified Renovator: R-R-18396-15-00031
As a Home Rule State any municipality, Utility District, or public water system may amend their adopted
codes to conform to local concerns that do not substantially vary from the TDLRs rules, or other
Statutes and Rules of other agencies in Texas. Governmental entities amend the ICC all the time.
Even the new state law prohibiting the exclusion of any approved materials from the code, has no effect
since both ICC & IAPMO approve the same materials to the same standards. For these reasons, it
makes good administrative sense for the International Mechanical Code, International Plumbing Code,
International Mechanical Code, and International Fuel Gas Code to serve as the sole trades codes in
Texas Cities. I request that the council support the decision of your local appeals board.
Respectfully,
Richard W. Moore, Jr.
FIELD COMPLIANCE MANAGER - TEXAS
P.O. Box 270099, Flower Mound, TX 75027
817-350-3653 rick_moore@homedepot.com
LICENSES:
TEXAS - TACLA1574C / ME137170 / EC24447 / JE127673 / RAI411592 / RB3481 / WT4195 / LI18140 / BP14802 / M-16451 RMP Medical Gas WSPS
ARKANSAS MP6616, FLORIDA - CAC1813767 / CFC1426021, HAWAII - CT30305, ILLINOIS 058-169244, LOUISIANA - LMP6987 / LNGF9285,
MINNESOTA - 93716-PM / AM729239 / EA731567, MISSOURI St. Louis County P9828 / Springfield BTC-9073, MONTANA - ELE-EM-LIC-31718, NEW MEXICO - 395464,
NORTH DAKOTA MP1638 / M3759, OKLAHOMA OK-106339, SOUTH DAKOTA FLM-TX-R1108-16-1965C / JM 6916 / EC 3363. WASHINGTON MOOREJR934LN / MOORERW833PS
US EPA Certified Renovator: R-R-18396-15-00031
Mayor Luis Rigby
La Port City Council
604 W Fairmount Parkway
La Porte TX, 77571
August 24, 2020
To the Honorable Mayor Rigby,
BASF Corporation International
Code Council (ICC) family of codes (I-Codes). Specifically, the addition of the International Plumbing
Code, the International Mechanical Code and the International Fuel Gas Code to the currently adopted
International Residential Code, International Building Code, International Fire Code, and the
International Energy Conservation Code.
The International Code Council is a global membership body of 64,000 members dedicated to
coordinated building and fire safety. ICC codes are carefully developed and regularly updated by a
consortium of certified code experts along with design and industry representatives. The level of
confidence that the codes inspire have resulted in the adoption of ICC codes across the nation at most
jurisdictional and state levels, as well as many other global markets.
BASF considers I-Codes an essential component of protecting the Health, Safety, and Welfare of the
built environment. In addition to the practice of building in La Porte, many of our members regularly
practice at a regional, national, and global level, and have found that the widespread adoption of the I-
Codes yields advantages in cross-discipline design coordination, construction documentation
efficiency, and an imbued confidence in the quality of the constructed product without regional limitation.
We hope our position is met with your acceptance and encouragement, and we welcome the
opportunity for further dialogue or feedback with the La Porte City Council regarding the matter.
Sincerely,
Ron Heidt
Joel W. May - Disaster Durable Solutions® Ron Heidt - Business Development
BASF Corporation BASF Corporation
586.801.0250 704.307.8468
joel.may@basf.com ron.heidt@basf.com
BASF - We create chemistry, 1703 Crosspoint Ave., Houston, TX 77054, United States
BASF Disaster Durable Solutions® http://www.spf.basf.com/dds
BASF Building with Polyurethanes http://spf.basf.com/buildingwithpolyurethanes
BASF Construction http://construction.basf.us
August 10, 2020
The Honorable Luis Rigby
Mayor
La Porte, Texas
604 W Fairmont Parkway
La Porte, TX 77571
Dear Mayor Rigby:
2020Board of Directors
The Houston BOMA Board of Directors supports the adoption of the International Code
President
Council (ICC) family of codes (I-Codes). Specifically, the addition of the International
Phil Davis, RPA
Mechanical Code and the International Plumbing Code to the currently adopted
Transwestern
International Residential Code, International Building Code, International Fire Code,
and the International Energy Conservation Code within the City of Houston and all
Chief Executive Officer
Tammy K. Betancourt, CAE
other municipalities in Texas.
Houston BOMA
The International Code Council is largest code development body in the U.S. with more than
Vice President
65,000 members including Building Officials, Inspectors, Plan Reviewers as well as
Scott Becker, RPA
representatives of trade organizations representing home builders, contactors, materials
CBRE, Inc.
manufacturers and suppliers. The I-Codes are developed and updated through an in-depth
process of proposals, comments, hearings and final voting by the officials responsible for
Vice President of Finance
ensuring compliance with the codes. This results in codes that are effective, promote health,
Roger Ritter
safety and efficiency in building practices, and are enforceable by the code officials charged
M-M Properties
with ensuring such compliance. Most importantly, the I-Codes are a family of codes that are
Immediate Past President
developed to maintain consistency among and between the various code families. This
Ed Bovermann
consistency is the foundation of effective design, construction and compliance and should be
Transwestern
Directors
The general membership of Houston BOMA is well versed in the requirements of the I-
Codes, and considers them an essential component of protecting the health, safety,
Hunter Drackett
and welfare of the public. Many of our members also do business at a regional,
Transwestern
national, and global level, and have found that the widespread adoption of the I- Codes
yields advantages in cross-discipline design coordination, construction documentation
Lynn Harris
efficiency, and an imbued confidence in the quality of the constructed product
HCFD Realty Management
without regional limitation.
Justin Jones
We are providing this letter in support of the City of La Porte adoption of the I-Code
Parkway Properties, Inc.
(International Code Council) family of building codes, including the International Plumbing
Code and the International Mechanical Code. These codes will build upon and add
Matthew Kent
Parkway Properties, Inc.
consistency of code development, adoption, and interpretation.
Cliff Parker
Thank you for the opportunity to support the City of La Porte in this process.
CBRE, Inc.
Kind regards,
David Piro
Hines
StevenSeltzer
Howard Hughes
Tammy K. Betancourt, CAE
Management Services
Company, LLC
CEO and Executive Vice President
AP Representative
Lacey Withers
ABM Janitorial Services
August 17, 2020
Mayor Luis Rigby
City of La Porte
604 W. Fairmont Parkway
La Porte, Texas 77571
To the Honorable Mayor Luis Rigby,
Kilgore Industries, L.P. is a local privately held MEP Commercial Specialty Contractor operating in
Texas, Louisiana, and New Mexico with over 800 employees. We are providing this letter of support
for the City of La Porte consideration of the adoption of the International Code Council (ICC) family
of codes (I-Codes). Specifically, the addition of the International Plumbing Code, the International
Mechanical Code and the International Fuel Gas Code to the currently adopted International
Residential Code, International Building Code, International Fire Code, and the International Energy
Conservation Code.
We find ICC codes are carefully developed, fully coordinated and regularly updated by a consortium
of certified code experts along with design and industry representatives. This is very helpful as we
cover a tri-state area where the adoption of I-Codes ensures consistency with inspections, training,
design, constructability, health and safety.
We welcome the opportunity for further dialogue or feedback with the La Porte City Council regarding
the matter.
Sincerely,
Ken Kilgore, Sr.
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YźƌŭƚƩĻ LƓķǒƭƷƩźĻƭͲ \[͵t͵!
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July 29, 2020
Mayor Luis Rigby
LaPorte City Council
604 W. Fairmont Parkway
LaPorte, TX 77571
To the Honorable Mayor Rigby:
On behalf of the Board of Directors of the Associated General Contractors (AGC) Houston Chapter, I
am providing this letter in support of the City of adoption of the International Code Council
(ICC) family of codes.
AGC Houston has been the leading commercial construction association in Harris and the surrounding 23
counties for more than 90 years. A significant part of our mission has been and continues to be to work
collaboratively with owners and other members of the A/E/C community to deliver the best structures
in the timeliest of manner. It is our belief that the adoption of a single set of codes, codes that have
been developed by experts in the various trades, is directly in line with this mission.
It is a privilege to be a part of an industry that has the opportunity to shape and construct the buildings
in a region such as ours. However, along with these opportunities comes a duty: of the contractor to
meet the specified safety and functional standards as directed and of the city to have a process that
allows the structures to go online as soon as possible. AGC Houston believes adopting the ICC codes
would greatly help the contractor and the City of LaPorte meet those duties.
Please feel free to reach out to me if you have any questions or would like to discuss further.
Sincerely,
Jerry Nevlud
President/CEO
Associated General Contractors Houston Chapter
.ƩźƓŭźƓŭ ƦĻƚƦƌĻ ƷƚŭĻƷŷĻƩ Ʒƚ ğķǝğƓĭĻ ƷŷĻ źƭƭǒĻƭ źƒƦƚƩƷğƓƷ Ʒƚ ƷŷĻ ĭƚƒƒĻƩĭźğƌ ĭƚƓƭƷƩǒĭƷźƚƓ źƓķǒƭƷƩǤ͵
AGC Houston | 3825 Dacoma St. | Houston, Texas 77092 | Telephone 713.843.3700 | Fax 713.843.3777 |
www.agchouston.org
August 26, 2020
Mayor Luis Rigby
City of La Porte
City Hall
604 W Fairmont Parkway
La Porte, TX 77571
RE: S Codes
Dear Mayor Rigby:
On behalf of the nearly 1,500 member companies of the Greater Houston Builders Association
(GHBA), I am offering this letter in support
International Code Council (ICC) family of codes. Specifically, the addition of the International
Plumbing Code and the International Mechanical Code.
The International Code Council is a global membership body of 64,000 members dedicated to
coordinated building and fire safety. ICC codes are carefully developed and regularly updated by
a consortium of certified code experts along with design and industry representatives.
We believe that reasonable code requirements are important for health and safety. In addition to
building in La Porte, our members operate in cities throughout our region and any consistency
that can be provided by having similarly adopted codes can help maintain housing affordability
in the Greater Houston area.
We appreciate the opportunity to provide feedback. Please let me know if you have any
questions or if we can provide more information.
Sincerely,
Bradley Pepper
Director of Government Affairs
Greater Houston Builders Association
August 3, 2020
Mayor Louis Rigby
City of La Porte
604 W. Fairmont Parkway
La Porte, TX 77571
Dear Mayor Louis Rigby,
I'm writing on behalf of the Houston Apartment Association, a non-profit trade
association representing apartment owners and managers throughout Harris
County and the surrounding area.
Thank you for considering adoption of the International Code Council family of
codes. Apartment builders and operators have used these codes in jurisdictions
throughout the United States over many years, and have found them to be clearly
written and - more importantly- well coordinated to each other. Having La Porte's
plumbing and mechanical codes match up with the city's other codes will
make following the codes far less confusing for consumers and should make
enforcement easier for the city.
The International Code Council has a global membership body of 64,000
members dedicated to coordinated building and fire safety. ICC codes are
carefully developed and regularly updated by a consortium of certified code
experts along with design and industry representatives. The vast majority of Texas
cities use the ICC Codes, and a consistent set of code requirements makes it much
easier for builders and operators that work in multiple jurisdictions.
I hope that HAA can be a resource to you on this issue and we welcome the
opportunity for further dialogue on this issue or on any others where we can be of
service.
Sincerely,
Lauren Turner, CAE, CMP
Assistant Vice President Outreach
Houston Apartment Association
August 6, 2020
Mayor Luis Rigby
La Porte City Council
604 W Fairmont Parkway
La Porte, Texas 77571
To the Honorable Mayor Rigby:
Speaking as the Principal Building Regulatory Strategy on behalf of the Target Corporation, I am
pleased that La Porte Texas is considering the renewed adoption of the International Code
Council (ICC) family of codes (I-Codes). owners alike; there are significant
advantages to using the International Codes starting from the feasibility phase through design,
permitting, construction, inspection, occupancy and building maintenance. Use of the
International Codes means everyone is using the same complete set of comprehensive,
coordinated codes for all aspects of construction.
While renewed adoption of the I-Codes is significant; I am concerned this historic code adoption
process remains incomplete without a full, objective analysis and comparison of the complete
family of International Building Codes, specifically the International Plumbing Code (IPC),
International Mechanical Code (IMC) and the International Fuel Gas Code (IFGC) by all the stake
holders this code applies to.
Like many national owners and developers of commercial real estate; Target uses a facility
prototype business model to develop its properties. The prototype strategy relies on uniformity
of regulatory requirements to minimize initial construction costs, support aggressive construction
schedules and promote the use building of materials consistent with providing safe, sustainable,
resilient and healthy environments for our Guests and Team Members. The prototype is
designed to meet criteria set forth in the ICC family of building codes so that properties may be
developed efficiently and effectively across multiple states and in communities across the nation.
Model codes keep construction costs down by establishing uniformity in the construction
industry including means and methods that allow developers to do business on a larger scale
resulting in cost savings.
Specifically, the IPC, IMC and the IFGC are designed to protect public health and safety through
provisions that do not unnecessarily increase construction costs or restrict the use of new
materials, products or methods of construction. No preferential treatment is specified to
particular types of classes or materials, products, or methods of construction. In comparison, the
UPC limits or restricts the use of building products and plumbing, mechanical and fuel
methodologies. Adopting the entire family of I-Codes would be a natural fit toward coordinated
construction codes in La Porte Texas.
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50 S 10 Street Suite 400, Minneapolis, MN 55403
review, inspection, and eliminates the high cost and complexity of drafting local amendments to
each adopted code in order to reference non-correlated codes such as the UPC. Adopting a single
family of codes written, reviewed and amended through a governmental consensus process and
all jurisdictions benefit from code uniformity that encourages local, affordable construction
growth. The I-Codes support public safety and the need for one set of codes without regional
limitations.
Last year I reached out to the Chairman and Members of the Texas Senate Committee on
Business and Commerce on behalf of Target; strongly encouraging the State of Texas to adopt
only the complete family of International Codes to encourage uniformity, promote public safety
and inspire responsible economic growth and development. Target also supports La Porte, Texas
in this effort.
building safe, sustainable, resilient and healthy communities and how use of the family of
International Building codes is paramount in achieving our objectives in the built environment.
Thank you for your consideration.
Respectfully submitted,
Thomas Phillips | Principal - Building Regulatory Strategy | Target Properties | 50 South Tenth Street, Suite 400, MS
TP3 1195, Minneapolis MN 55403 | 612.761.5570 (ph) | 612.761.3323 (f)
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50 S 10 Street Suite 400, Minneapolis, MN 55403