La Porte City Zoning Code
CHAPTER 82
BUILDINGS AND BUILDING REGULATIONS1
Cross reference— Alarm systems, § 30-31 et seq.; smoking restricted in public places, § 34-55; smoke detector systems required in certain facilities, § 38-126 et seq.; mobile homes and mobile home parks, ch. 98; sign regulations, § 106-871 et seq.
ARTICLE II. - BUILDING CODES[2]
Editor's note— Ord. No. 2024-4026, § 1, adopted Dec. 9, 2024, repealed the former Art. II, §§ 82-31—82-37, and enacted a new Art. II as set out herein. The former Art. II pertained to similar subject matter and derived from Ord. No. 2020-3803, § 1, adopted Sept. 28, 2020.
State Law reference— Authority of city to prescribe fire limits, V.T.C.A., Local Government Code § 342.012.
ARTICLE III. - PLUMBING CODE[3]
Editor's note— Ord. No. 2020-3803, § 2, adopted Sept. 28, 2020, amended Art. III in its entirety to read as herein set out. Former Art. III, §§ 82-66—82-68, pertained to similar subject matter, and derived from Code 1970, § 8-29; Ord. No. 1786, § 7, adopted Oct. 14, 1991; Ord. No. 2079, § 4, adopted Nov. 13, 1995; Ord. No. 96-2079-B, § 2, adopted March 8, 2004; Ord. No. 96-2079-E, § 2, adopted May 10, 2004; Ord. No. 96-2079-K, § 2, adopted Nov. 12, 2007; Ord. No. 3293, § 2, adopted Oct. 25, 2010; Ord. No. 3373, § 1, adopted Aug. 22, 2011; and Ord. No. 2013-3481, § 2, adopted May 13, 2013.
State Law reference— Requirement that cities prescribe rules and regulations relating to plumbing, Vernon's Ann. Civ. St. art. 6243-101, § 15.
ARTICLE IV. - ELECTRICAL CODE[4]
Editor's note— Ord. No. 2020-3803, § 3, adopted Sept. 28, 2020, amended Art. IV in its entirety to read as herein set out. Former Art. IV, §§ 82-101—82-104, 82-281—82-284, 82-306—82-312, 82-336—82-350, pertained to similar subject matter, and derived from Code 1970, § 8-40; Ord. No. 1637, §§ 1(1.01—1.04, 1.10, 1.11, 2.05, 2.15, 2.21, 2.22, 2.30, 3.01—3.06, 4.01, 4.02, 5.01, 5.03, 5.05, 6.01—6.05, 7.01, 7.02), adopted March 13, 1989; Ord. No. 96-1637-A, § 1, adopted July 22, 1996; Ord. No. 96-2079-B, § 3, adopted March 8, 2004; Ord. No. 96-2079-E, § 3, adopted May 10, 2004; Ord. No. 96-2079-F, § 1, adopted June 27, 2005; Ord. No. 96-2079-H, §§ 1—14, adopted Sept. 12, 2005; Ord. No. 96-2079-J, § 1, adopted Jan. 8, 2007; Ord. No. 96-2079-L, § 1, adopted March 24, 2008; Ord. No. 3388, § 1, adopted Oct. 24, 2011; and Ord. No. 2013-3481, §§ 6, 7, adopted May 13, 2013.
ARTICLE VI. - ENERGY CONSERVATION CODE[7]
Editor's note— Ord. No. 2020-3803, § 5, adopted Sept. 28, 2020, amended Art. VI in its entirety to read as herein set out. Former Art. VI, §§ 82-411—82-413, pertained to similar subject matter, and derived from Ord. No. 96-2079-B, § 5, adopted March 8, 2004; Ord. No. 96-2079-E, § 5, adopted May 10, 2004; Ord. No. 96-2079-K, § 4, adopted Nov. 12, 2007; Ord. No. 3293, § 3, adopted Oct. 25, 2010; and Ord. No. 2013-3481, § 4, adopted May 13, 2013.
ARTICLE VII. - MECHANICAL CODE[8]
Editor's note— Ord. No. 2020-3803, § 6, adopted Sept. 28, 2020, amended Art. VII in its entirety to read as herein set out. Former Art. VII, §§ 82-441, 82-442, pertained to similar subject matter, and derived from Ord. No. 96-2079-B, § 6, adopted March 8, 2004; Ord. No. 96-2079-E, § 6, adopted May 10, 2004; Ord. No. 96-2079-K, § 5, adopted Nov. 12, 2007; Ord. No. 3293, § 4, adopted Oct. 25, 2010; and Ord. No. 2013-3481, § 5, adopted May 13, 2013.
ARTICLE VIII. - DANGEROUS BUILDINGS[9]
Editor's note— Ordinance No. 2004-2700, § 1, adopted January 26, 2004, amended Ch. 82, Art. VIII in its entirety to read as herein set out. Formerly, said article pertained to similar subject matter and derived from §§ 8-115—8-126.
State Law reference— Authority of city to condemn, remove or destroy dangerous or dilapidated buildings and structures, V.T.C.A., Local Government Code § 342.012; standards and enforcement, V.T.C.A., Local Government Code § 214.001.
ARTICLE XI. - SWIMMING POOLS[10]
Editor's note— Ord. No. 2020-3803, § 7, adopted Sept. 28, 2020, amended Art. XI in its entirety to read as herein set out. Former Art. XI, §§ 82-631—82-636, pertained to similar subject matter, and derived from Code 1970, §§ 22½-2, 22½-3, 22½-5—22½-7; and Ord. No. 1569, § 1, adopted Nov. 23, 1987.
State Law reference— Swimming pools, V.T.C.A., Health and Safety Code § 341.064 et seq.
Sec. 82-31. - Adoption.
(a) Except as provided in this division, the International Residential Code, and the International Building Code, 2024 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, 2024 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.
(Ord. No. 2024-4026, § 1, 12-9-24)
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.
Section R301.2.1 Wind design criteria. Buildings and portions thereof shall be constructed in accordance with the wind provisions of this code using the ultimate design wind speed in Table R301.2 as determined from Figure R301.2(2). The structural provisions of this code for wind loads are not permitted where wind design is required as specified in Section R301.2.1.1. Where different construction methods and structural materials are used for various portions of a building, the applicable requirements of this section for each portion shall apply. Where not otherwise specified, the wind loads listed in Table R301.2.1(1) adjusted for height and exposure using Table R301.2.1(2) shall be used to determine design load performance requirements for wall coverings, curtain walls, roof coverings, exterior windows, skylights, garage doors and exterior doors. Asphalt shingles shall be designed for wind speeds in accordance with Section R905.2.4. Metal roof shingles shall be designed for wind speeds in accordance with Section R905.4.4. A continuous load path shall be provided to transmit the applicable uplift forces in Section R802.11 from the roof assembly to the foundation. Where ultimate design wind speeds in Figure R301.2(2) are less than the lowest wind speed indicated in the prescriptive provisions of this code, the lowest wind speed indicated in the prescriptive provisions of this code shall be used.
Section R301.2.1.2 Protection of Openings. Exterior glazing in buildings located in windborne debris regions shall be protected from windborne debris. Glazed opening protection for windborne debris shall meet the requirements of the Large Missile Test of ASTM E1886 and ASTM E1996. Garage door glazed opening protection for windborne debris shall meet the requirements of an approved impact-resisting standard or ANSI/DASMA 115.
Exception:Wood structural panels with a thickness of not less than 7 / 16 inch (11 mm) and a span of not more than 8 feet (2438 mm) shall be permitted for opening protection. Panels shall be precut and attached to the framing surrounding the opening containing the product with the glazed opening. Panels shall be predrilled as required for the anchorage method and shall be secured with the attachment hardware provided. Attachments shall be designed to resist the component and cladding loads determined in accordance with either Table R301.2.1(1) or ASCE 7, with the permanent corrosion-resistant attachment hardware provided and anchors permanently installed on the building. Attachment in accordance with Table R301.2.1.2 is permitted for buildings with a mean roof height of 45 feet (13 728 mm) or less where the ultimate design wind speed, V ult , is 180 mph (290 kph) or less.
Section R331.3 Generator Inlet Boxes. Single-family dwellings shall be designed and constructed to include at least one generator inlet box.
Section P2912.5.12 Rain Gutters. Single-family dwellings shall be designed and constructed to include rain gutters that carry the flow of water from the sides to the front of the structure.
Code deletions.
The following sections of the 2024 International Residential Code are deleted.
Subsection R309.1 Townhouse Automatic Fire Sprinkler Systems
Section R309.2 One- And Two-Family Dwellings Automatic Sprinkler Systems
Section R317.5 Fire Sprinklers
Subsection R905.7 Wood Shingles
Subsection R905.8 Wood Shakes
Section P2904 Dwelling Unit Automatic Sprinkler Systems
Part VIII, Electrical Chapters 34-43 (E3401 thru E4304.5) are deleted in their entirety.
(Ord. No. 2024-4026, § 1, 12-9-24)
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.
Chapter 16, Basic wind speed for the City shall be as follows:
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) - 160 M.P.H.
Section 1609.1.1 Determination of wind loads. Wind loads on every building or structure shall be determined in accordance with Chapters 26 to 30 of ASCE 7. The type of opening protection required, the basic wind speed, V, and the exposure category for a site is permitted to be determined in accordance with Section 1609 or ASCE 7. Wind shall be assumed to come from any horizontal direction and wind pressures shall be assumed to act normal to the surface considered.
Exceptions:
1.
Subject to the limitations of Section 1609.1.1.1, the provisions of ICC 600 shall be permitted for applicable Group R-2 and R-3 buildings.
2.
Subject to the limitations of Section 1609.1.1.1, residential structures using the provisions of AWC WFCM.
3.
Subject to the limitations of Section 1609.1.1.1, residential structures using the provisions of AISI S230.
4.
Designs using NAAMM FP 1001.
5.
Designs using TIA -222 for antenna-supporting structures and antennas, provided that the horizontal extent of Topographic Category 2 escarpments in Section 2.6.6.2 of TIA-222 shall be 16 times the height of the escarpment.
6.
Wind tunnel tests in accordance with ASCE 49 and Sections 31.4 and 31.7 of ASCE 7.
7.
Temporary structures complying with Section 3103.6.1.2.
The wind speeds in Figures 1609.3(1) through 1609.3(4) are basic wind speeds, V, and shall be converted in accordance with Section 1609.3.1 to allowable stress design wind speeds, Vasd, when the provisions of the standards referenced in Exceptions 4 and 5 are used.
Code deletions.
The following sections of the 2024 International Building Code are deleted.
Subsection 1507.8 Wood shingles
Subsection 1507.9 Wood shakes
Section 27 Electrical. Chapter (Sections 2701 thru 2703.3) is deleted in its entirety.
Section 28 Mechanical Systems. Chapter (Section 2801) is deleted in its entirety.
Section 508.5 Live/Work Units. Deletion of entire section (Sections 508.5 thru 508.5.11).
(Ord. No. 2024-4026, § 1, 12-9-24)
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.
(Ord. No. 2024-4026, § 1, 12-9-24)
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.
(Ord. No. 2024-4026, § 1, 12-9-24)
Sec. 82-36. - Plan review fee.
[Amounts established by the city and listed in appendix A of this Code.]
(Ord. No. 2024-4026, § 1, 12-9-24)
Sec. 82-45. - Adoption.
(a)
Except as provided in this division, the International Existing Building Code, 2024 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 Existing Building Code, 2024 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.
(Ord. No. 2024-4026, § 1, 12-9-24)
Sec. 82-50. - Adoption.
(a)
Except as provided in this division the International Property Maintenance Code, 2024 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 Property Maintenance Code, 2024 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.
(Ord. No. 2024-4026, § 1, 12-9-24)
Sec. 82-66. - Adoption.
(a)
Except as provided in this article, the International Plumbing Code, 2024 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 the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems within the city limits. One copy of the International Plumbing Code, 2024 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.
(Ord. No. 2020-3803, § 2, 9-28-20; Ord. No. 2024-4026, § 2, 12-9-24)
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 2024 International Plumbing Code are deleted in their entirety.
Subsection 108.2 Fee schedule.
Subsection 108.6 Fee refunds.
Section 112 Means of Appeal.
(Ord. No. 2020-3803, § 2, 9-28-20; Ord. No. 2024-4026, § 2, 12-9-24)
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.
(Ord. No. 2020-3803, § 2, 9-28-20)
DIVISION 1. - GENERALLY[5]
Editor's note— Ord. No. 2024-4026, § 3, adopted Dec. 9, 2024, repealed the former Div. 1, §§ 82-101, 82-102, 82-104, and enacted a new Div. 1 as set out herein. The former Div. 1 pertained to similar subject matter and derived from Ord. No. 2020-3803, § 3, adopted Sept. 28, 2020.
DIVISION 5. - STANDARDS[6]
Editor's note— Ord. No. 2024-4026, § 3, adopted Dec. 9, 2024, repealed the former Div. 5, §§ 82-336—82-339, 82-342, 82-348—82-350, and enacted a new Div. 5 as set out herein. The former Div. 5 pertained to similar subject matter and derived from Ord. No. 2020-3803, § 3, adopted Sept. 28, 2020.
Sec. 82-381. - Adoption.
(a)
Except as provided in this article, the International Fuel Gas Code, 2024 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, 2024 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 2024 International Fuel Gas Code are deleted in its entirety:
Subsection 108.2 Fee schedule.
Subsection 108.6 Fee refunds.
Section 112 Means of Appeal.
(Ord. No. 2020-3803, § 4, 9-28-20; Ord. No. 2024-4026, § 4, 12-9-24)
Editor's note— Ord. No. 2020-3803, § 4, adopted Sept. 28, 2020, set out provisions intended for use as 82-385. To preserve the style of this Code, and at the editor's discretion, these provisions have been included as 82-381.
Sec. 82-441. - Adoption.
(a)
Except as provided in this article, the International Mechanical Code, 2024 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, 2024 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.
(Ord. No. 2020-3803, § 6, 9-28-20; Ord. No. 2024-4026, § 6, 12-9-24)
Sec. 82-442. - Amendments.
Code deletions.
The following sections of the 2024 International Mechanical Code are deleted in their entirety:
Subsection 108.2 Fee schedule
Subsection 108.6 Fee refunds
(Ord. No. 2020-3803, § 6, 9-28-20; Ord. No. 2024-4026, § 6, 12-9-24)
Sec. 82-471. - 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:
Building means any structure which has enclosing walls for 50 percent of its perimeter and which was built for the support, shelter or enclosure of persons, animals, chattels, or property or any kind. The term "building" shall be construed as if following by the word "or part thereof." For the purpose of this article, each portion of a building separated from other portions by a firewall shall be considered a separate building.
Building code means the building code of the city as it now exists and as it may hereafter from the time to time be amended.
Building official means the official charged with the administration and enforcement of the building code and this article.
Dangerous building, for the purpose of this article, the term "dangerous building" shall mean and include any building or other structure which, for the want of proper repairs or by reason of age, sub-standard and/or dilapidated condition, damaged by fire, earthquake, wind, flood or by any other cause, or by reason of poorly installed electrical wiring or equipment, defective chimney, defective gas connection, defective heating apparatus, or for any other cause or reason, is especially liable to fire; and which building or structure is so situated or occupied as to endanger any other building or property or human life.
Said term shall also mean and include any building or structure containing any combustible or explosive material, rubbish, rags, waste, oils, gasoline, or flammable substance of any kind especially liable to cause fire or danger to the safety of such building, premises, or to human life. Said term shall also mean and include any building or structure which shall be kept or maintained or shall be in a filthy or unsanitary condition especially liable to cause the spread of contagious or infectious disease or diseases. Said term shall also mean and include any building or structure in such weak or weakened condition or dilapidated, deteriorated condition as to endanger any person or property by reason of probability or partial or entire collapse thereof.
Person(s) as used in this article, shall mean and include any person or persons, firm or firms, corporation or corporations. Any person who shall be the owner of, or shall be in possession of, or in responsible charge of any dangerous building within the City of La Porte, and who shall knowingly suffer or permit any such building to be or remain dangerous for as long as ten days after receipt of notice, as herein provided, shall be guilty of a violation of this ordinance and shall, upon conviction thereof in the municipal court, be fined not to exceed $2,000.00. Each and every day the violation continues constitutes a new and separate offence.
Dangerous building inspection board means the board of inspection created by section 82-472.
Fire chief means the officer charged with the administration of fire suppression services and this article.
Fire code means the fire code of the city as it now exists and as it may hereafter from time to time be amended.
Fire marshal means the officer charged with the administration and enforcement of the fire code and this article.
(Ord. No. 2004-2700, § 1, 1-26-04)
Sec. 82-472. - Dangerous building inspection board.
There is hereby created a dangerous building inspection board and for the purpose of this article, their duties are described in this chapter and shall be referred to as "the board" throughout this chapter. The board shall be composed of the building official, or his/her duly authorized representative, the fire chief, or his/her duly authorized representative, and the fire marshal, or his/her duly authorized representative.
(Ord. No. 2004-2700, § 1, 1-26-04)
Sec. 82-473. - Declaration of public nuisance and hazard.
(a)
Dangerous or substandard buildings or structures. A building or structure shall be considered dangerous or substandard whenever it is determined by the board, that any or all of the following is applicable:
(1)
A building that is vacant, and is not up to current building code standards. These vacant buildings can be either open to trespass or boarded up.
(2)
Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building code for new buildings of similar structure, purpose or location;
(3)
Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;
(4)
Whenever the building or structure, or any portion thereof, because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; (d) the deterioration, decay or inadequacy of its foundation, or (e) any other cause, is likely to partially or completely collapse;
(5)
Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose of which it is being used;
(6)
Whenever the building or structure has been so damaged by fire, wind, earthquake of flood, or has become so dilapidated or deteriorated as to become (a) an public nuisance (b) a harbor for vagrants or as to (c) enable persons to resort thereto for the purpose of committing unlawful acts;
(7)
Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the board to be unsanitary, unfit for human habitation or in such a condition that it is likely to cause sickness or disease;
(8)
Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus or other cause, is determined by the board to be a fire hazard;
(b)
Dangerous or substandard electrical, plumbing, or mechanical installations. A building or structure shall be considered dangerous or substandard whenever it is determined by the board, that any or all of the following is applicable:
(1)
Whenever any protective or safety device specified in the electrical code and of this title is not provided or is inoperative, defective, dilapidated, or deteriorated so as to threaten to fail or function as originally intended;
(2)
Whenever any installation or any portion thereof because of (a) dilapidation, deterioration, or decay; (b) faulty construction; (c) obsolescence; (d) inadequate maintenance, which in relation to existing use constitutes a hazard to life, health, property or safety;
(3)
Whenever any installation or any portion thereof which is damaged by fire, wind, earthquake, flood or any other cause so as to constitute a potential hazard to life, healthy property or safety;
(4)
Whenever any installation or any portion thereof was constructed, installed, altered or maintained in violation of the building code and/or fire code so as to constitute a potential hazard to life, health, property or safety.
(c)
Unlawful to maintain. It is unlawful to maintain or use a dangerous building or structure, or a dangerous electrical, plumbing or mechanical installation.
(d)
Abatement. All dangerous buildings or structures, or dangerous electrical, plumbing, or mechanical installations are hereby declared to be public nuisances and may be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in Code of Ordinances, Article VIII dangerous building or by any other remedy available at law.
(Ord. No. 2004-2700, § 1, 1-26-04)
Sec. 82-474. - Inspections and reports thereon.
(a)
Whenever it shall come to the attention of the board or any member thereof, by reason of the carrying out of the necessary duties of such member, or by reason of a complaint of any citizen of the city or of the city council that a dangerous building exists, the board shall make a thorough inspection of such building.
(b)
When a member(s) of the board find a door(s) and/or window(s) of a building are not completely closed or shut, entry into this building shall be permitted in order to conduct an interior inspection of said building.
(c)
However, if to a member(s) of the board the entry doors and or windows are completely closed or shut, then an interior inspection can only be conducted after the issuance of an administrative search warranty issued by a magistrate. Note: If an administrative search warrant is not secured, then only an exterior inspection shall be conducted.
(d)
If, after inspection of such building, there is a reasonable doubt as to whether the building is in fact dangerous, the board may call to its assistance one or more competent experts in the applicable field.
(e)
After the inspection provided for in this section has been made, with or without the aid of an expert, the board shall report its conclusion in writing to each of the members of the city council and to the city attorney. Such report shall state the circumstances and the condition of the building upon which such conclusion was based. The report shall be filed in all cases no matter what conclusion is stated by the board.
(Ord. No. 2004-2700, § 1, 1-26-04)
Sec. 82-475. - Notice to owner—Required; method of service.
(a)
If the report of the board required by section 82-474 reveals that it is the opinion of a majority of the board that the building is in fact a dangerous building, at a meeting of the city council, council shall cause the city secretary to notify the owner in writing in accord with the provisions of this section.
(b)
If the owner and his residence is known, the notice required by subsection (a) of this section shall be given by personal service by any law enforcement officer of the city or by the sheriff of the county of the residence of the owner as in the case of citations in the district courts of the state, or such notice shall be given by registered mail, with return receipt requested, addressed to the last known address of the owner.
(c)
If service of the notice cannot be had as prescribed in subsection (b) of this section, then notice shall be published as provided for in subsection (d) of this section. One attempt to secure service by either method provided for in subsection (b) of this section shall be sufficient basis for publishing such notice in accordance with subsection (d) of this section.
(d)
If the owner is known but his residence is unknown, or if the owner is unknown, the notice shall be published in some daily newspaper of general circulation in the county, two times. The first publication shall be inserted not more than 15 days and not less than ten days prior to the date of the hearing provided for in this article, and the last publication shall be not more than ten days and not less than three days prior to such hearing.
(e)
When a complaint under this article has been made as to the condition of a particular building, the ownership of which has been granted or accrued to the heirs of any deceased person, and if the names of such heirs are unknown, the notice required by this section shall be directed against them, their heirs or legal representatives, describing them as the heirs of such named ancestor.
(Ord. No. 2004-2700, § 1, 1-26-04; Ord. No. 3409, § 1, 4-23-12)
Sec. 82-476. - Same—Contents.
(a)
If the notice required by section 82-475 is served by registered mail or personal service, it shall be sufficient if it contains:
(1)
A statement that a complaint has been made and by whom made, and that due investigation has been made as required by this article;
(2)
A brief statement of the condition of the building as found by the board;
(3)
The time and place of the hearing provided for under this article; and
(4)
An order for the owner to appear before the council at such time and place to show cause why the building should not be declared a nuisance, condemned, and ordered repaired or torn down.
(b)
If the notice required by section 82-475 is served by publication, it shall only contain a statement that the board, has investigated and found the building to be dangerous and a nuisance in fact and shall command the owner to appear at a specified time and place before the council to show why the building should not be declared a nuisance, condemned and ordered repair or torn down.
(Ord. No. 2004-2700, § 1, 1-26-04)
Sec. 82-477. - Hearing.
Whenever the board finds that a building is a dangerous building, the city council shall conduct a hearing on such finding at its regular meeting place in city hall, at a time which is at least ten days after service or attempted service of notice to the owner in accord with section 82-475. The council shall hear evidence for and against the conclusions of the board.
(Ord. No. 2004-2700, § 1, 1-26-04)
Sec. 82-478. - Decision of council; order to repair or remove generally.
Within 15 days after the termination of the hearing provided for under this article, the city council should make its decision in writing setting out the facts upon which it based its opinion. If its decision is in favor of the findings of the board to the effect that the building is in fact a dangerous building and is a nuisance and a hazard and that it is, by such order, condemned. The order shall further require, as the facts may justify, that the owner shall either repair such building in compliance with the building code of the city, or that the owner shall entirely remove or tear down such building, and such repairs or removal shall be commenced with ten days from the date of such order and be completed within a reasonable time.
(Ord. No. 2004-2700, § 1, 1-26-04)
Sec. 82-479. - Service of publication of order to repair or remove.
If the address of the owner of a building condemned under this article is known at the time the order provided for in section 82-478 is entered, a copy of such order shall be delivered to the owner in person by any law enforcement officer of the city. Such officer shall make due return of the service of such order as in the case of citations in the district courts of the state. Such order may be, at the option of the city council, sent to such owner by registered mail, return receipt request. If the residence of such owner is not known, then such order shall be published in some newspaper of general circulation in the county and the city, at least two times within ten days after the entry of the order of the council.
(Ord. No. 2004-2700, § 1, 1-26-04)
Sec. 82-480. - Notice on condemned building.
An order of the city council condemning a dangerous building under this article shall also contain an order to the appropriate member of the board to cause a notice of the dangerous, insanitary or other condition of the building to be affixed in one or more conspicuous places on the exterior of the building. No person shall remove or deface such notice.
(Ord. No. 2004-2700, § 1, 1-26-04)
Sec. 82-481. - Repair or removal by city.
If, within ten days after the last publication of service of a decision entered under section 82-478, the owner has not complied with the order to repair or remove such building, then the board may enter upon the premises, with such assistance as it may deem necessary, and cause the building to be repaired or removed without delay. Such action by the city shall not occur until expiration of a minimum 45-day period following issuance of the order rendered by city council, but in no case before expiration of an owner's 30-day appeal period as established in section 82-482. The expenses of any action taken by the city to repair or remove a building shall be charged against the owner and shall become a valid and enforceable personal obligation of the owner of such premises, which may be recovered by the city in a suit, brought for that purpose. The city council may, by ordinances enacted by it, assess the expenses on the land occupied by such building, or the land to which such building was attached, and make the expenses a lien thereon.
(Ord. No. 2004-2700, § 1, 1-26-04; Ord. No. 3409, § 2, 4-23-12)
Sec. 82-482. - Article does not affect city's and owner's right to resort to courts; appeal.
Nothing in this article shall be construed as abridging the right of the city to resort to the courts of this state for the enforcement of this article, or of the rights of any owner to resort to the courts of this state in an attempt to enjoin the enforcement of this article. The decision of the city council is final and incontestable unless the order so rendered is appealed within 30 days after a copy of the city council's order is mailed to the owner. An appeal of an order of city council is perfected by the filing of a verified petition in state district court, stating that the decision is illegal either in whole or in part, and specifying the grounds of the illegality.
(Ord. No. 2004-2700, § 1, 1-26-04; Ord. No. 3409, § 3, 4-23-12)
Sec. 82-632. - Swimming Pool And Spa Code adopted.
(a)
Except as provided in this section, the International Swimming Pool and Spa Code, 2024 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, 2024 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.
(Ord. No. 2020-3803, § 7, 9-28-20; Ord. No. 2025-4094, § 1, 8-11-25)
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.
(Ord. No. 2020-3803, § 7, 9-28-20)
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.
(Ord. No. 2020-3803, § 7, 9-28-20)
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.
(Ord. No. 2020-3803, § 7, 9-28-20; Ord. No. 2025-4094, § 2, 8-11-25)