ORDINANCE NO. _______________
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF BUDA,
TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY BY
AMENDING CHAPTER 6, BUILDING REGULATIONS, ARTICLE 6.02,
TECHNICAL AND CONSTRUCTION CODES AND STANDARDS;
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN
EFFECTIVE DATE;
WHEREAS, the City Council of the City of Buda, Texas (the “City”) desires to protect
the safety and welfare of the citizens of the City through regulation of construction activities in
the City;
WHEREAS, the City Staff of the City has recommended that the City Council adopt the
provisions set forth herein, which regulate construction activities in the City; and
WHEREAS, the City Council has determined that the regulation of construction activities
in the City, as set forth herein, is in the best interests of the City.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BUDA, TEXAS:
Section 1.
Chapter 6, Building Regulations, Article 6.02, Technical and
Construction Codes and Standards of the Code of Ordinances, City of Buda, Texas is
hereby amended as follows:
Sec. 6.02.052 - Amendments.
The building code adopted by section 6.02.051 is hereby amended as set forth in
the following paragraphs of the section:
Section 111.4 Revocation is amended as follows: The building official is authorized to,
in writing, suspend or revoke a certificate of occupancy or completion issued under the
provisions of this code wherever the certificate is issued in error, or on the basis of
incorrect information supplied, or where it is determined that the building or structure or
portion thereof is in violation of any ordinance or regulation or any of the provisions of
this code.
The buildings official or his designee is also authorized to, in writing, suspend or revoke a
certificate of occupancy where the Registered Design Professional in Responsible Charge
is required to maintain information in accordance with any ordinance or regulation and
such information is found to be inadequate, incorrect and/or is not provided when
requested by the building official.
Section 1704.1. Exception 2 is hereby amended as follows:
Special inspections are not required for building components unless the design involves the
practice of professional engineering or architecture as defined by applicable state statutes and
regulations governing the professional registration and certification of engineers or architects.
This exception shall not apply to the design or repair of foundations.
Section 1704.1.1 is hereby amended as follows:
The applicant shall submit a statement of special inspections prepared by the registered
design professional in responsible charge in accordance with Section 107.1 as a condition
for permit issuance. This statement shall be in accordance with Section 1705. The
statement of special inspections and other reports requested by the building official shall
be in a format acceptable to the building official.
Exceptions:
1. A statement of special inspections is not required for structures designed and
constructed in accordance with the conventional construction provisions of Section 2308.
This exception shall not apply to the design or repair of foundations.
Section 1704.4 Concrete Construction, Exception 1 is hereby amended as follows:
Exception: Special inspections shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade plane
that are fully supported on earth or rock. additions or supporting poles, monument signs
and similar structures where approved by the building official.
Section 1704.4 Concrete Construction, Exception 2 is hereby deleted in its entirety.
Section 1704.4 Concrete Construction, Exception 4 is hereby deleted in its entirety.
Section 1801.2 Design is hereby amended to add the following new paragraph to the end of
Section 1801.2:
All new foundations, foundation additions and foundation repairs shall be designed by a
registered Professional Engineer in the State of Texas and all drawings and documentation must
be signed and sealed. Documentation shall include:
1.Design referencing soils report numbers, date of report, and soils engineer name; specific
location including lot, block and subdivision; specific design criteria including soil bearing
capacity, plasticity index, and potential vertical rise. The engineer shall also approve a concrete
mix design with performance criteria based on soils and seasonal conditions. Design shall
reference the amount of time before vertical construction may begin on the foundation. Builder
may construct stud walls, floors, ceilings and roofs within 48 hours of concrete placement.
Signed and sealed drawings clearly indicating the strand and reinforcement placement, pier size,
depth, location, and reinforcing, beam size and location, any special details, with clearing and
grubbing as needed. Design calculations using Wire Reinforcement Institute (WRI) or Post
Tension Institute (PTI) must be included. No fail items allowed in the printout summary of the
calculations and the calculations must be signed and sealed by a State of Texas Registered
Professional Engineer. The stiffness criteria (performance criteria) setting should be increased
for each design methodology as listed below:
aPTI stiffness settings to be increased 25% to L/600 center lift and L/1200 for edge lift
bWRI stiffness settings to be increased 25% from L/480 to L/600 deflection ratio
1.Design engineer or designee must perform a pre-pour inspection and provide the City of Buda
with a signed and sealed document stating that the foundation has been inspected and approved.
This inspection must take place prior to requesting a foundation inspection from the City of
Buda. The builder or representative shall be present during placement of concrete to verify
concrete mix design and seasonal conditions during placement, and verify tensioning and
elongation of cables if it is a post-tension foundation. A copy of the batch tickets for foundation
concrete delivery shall be collected and provided to the City of Buda.
2.The builder must provide to the City of Buda a signed statement that the foundation has been
placed in compliance with the engineer’s design prior to issuance of a Certificate of Occupancy.
3.Prior to issuance of a Certificate of Occupancy, copies of relevant logs, batch tickets or test
results from the concrete manufacturer shall also be provided.
Section 1803.2 Where required is hereby amended to add the following new paragraph
to the end of Section 1803.2:
Notwithstanding the foregoing, prior to issuance of a building permit, the owner or
applicant shall provide to the building official for the City a soil test (geotechnical
investigation) for the lot site signed, sealed, and made by a geotechnical engineer licensed
to practice in the State of Texas. The geotechnical investigation soil test shall contain
design recommendations. The soil test shall be conducted within the area where the
building foundation is to be located. The geotechnical engineer shall determine the
location and frequency of borings to accurately assess the design conditions for which the
foundation and/or paving are to be designed. The owner or applicant he owner shall
provide a survey of the site lot to the building official indicating the location of the soil
boring(s) test(s). Such geotechnical investigations soil test report shall be referenced on
the building permit application. along with a signed and sealed statement from an
engineer licensed to practice in the State of Texas that the foundation(s) on the lot
was/were designed in consideration of the results shown in the soil test report for that lot.
The owner(s) of the property shall provide a letter stating that no cut or fill was done
subsequent to the soil test being conducted or that if fill was done that it was done in
compliance with Housing and Urban Development land-planning data sheets (79g),
handbooks 4140.3 and 4145.1. The Exception to Section 1803.2 stating “the building
official need not require a foundation or soils investigation where satisfactory data from
adjacent areas is available that demonstrates an investigation is not necessary for any of
the conditions in Sections 1803.5.1 through 1803.5.6 and Sections 1803.5.10 and
1803.5.11’ is hereby deleted.
Section 1807 Foundation Walls, Retaining Walls and Embedded Posts and Poles is
hereby amended to add the following new paragraphs to the end of Section 1807.1:
Construction of a retaining wall in excess of four (4) feet in height, as measured from the
top of the footing of the wall to the top of the wall, constructed on public property or to
be dedicated to the City as a public improvement, as a part of the overall subdivision civil
plans and the Development Permit application process, shall require submission to, and
approval by the City Engineer of the City of detailed retaining wall design plans sealed by
an engineer licensed to practice in the State of Texas, prior to commencing construction
of such wall. Construction of such retaining wall shall also require submission to, and
approval by, the City Engineer of the City of a sealed engineering inspection report
verifying the construction of the retaining wall is in conformance with the retaining wall
design plans in order to close out the Development Permit.
Construction of a retaining wall in excess of four (4) feet in height, as measured from the
bottom of the footing of the wall to the top of the wall, constructed on private property
and that will not be dedicated to the City as a public improvement, as a part of the
building permit application process, shall require submission to, and approval by, the
building official of the City of detailed retaining wall design plans sealed by an engineer
licensed to practice in the State of Texas, prior to commencing construction of such wall.
Construction of such retaining wall shall also require submission to, and approval by, the
building official of the City of a sealed engineering inspection report verifying the
construction of the retaining wall is in conformance with the retaining wall design plans
in order to close out the building permit.
On lots with a retaining wall in excess of four (4) feet in height, as measured from the
bottom of the footing to the top of the wall, in addition to the designated rear and side
yard setbacks, a maintenance and access easement for the benefit of the adjacent property
owners and the City on either side of the retaining wall, as necessitated by the design of
the retaining wall and in accordance with the signed and sealed engineering plans, shall
be required for retaining wall maintenance and to prevent any incursion into fill material.
The required area of the easement shall vary according to the retaining wall design and
adjacent property access and shall, at a minimum, include all of the fill area. Any
incursion into a retaining wall fill for maintenance and construction of utilities shall
require the submission to, and approval by, the building official of the City of detailed
design plans, sealed by an engineer licensed to practice in the State of Texas, prior to
commencing construction on such incursion. All other incursions are prohibited.
Section 2.
Chapter 6, Building Regulations, Article 6.02.381, Residential
Code of the Code of Ordinances, City of Buda, Texas is hereby amended and restated as
follows:
Sec. 6.02.382 - Amendments.
The residential code adopted by section 6.02.381 is hereby amended as set forth in
the following paragraphs of the section:
Section 110.5 Revocation is amended as follows: The building official is authorized to,
in writing, suspend or revoke a certificate of occupancy or completion issued under the
provisions of this code wherever the certificate is issued in error, or on the basis of
incorrect information supplied, or where it is determined that the building or structure or
portion thereof is in violation of any ordinance or regulation or any of the provisions of
this code.
The buildings official or his designee is also authorized to, in writing, suspend or revoke a
certificate of occupancy where the Registered Design Professional in Responsible Charge
is required to maintain information in accordance with any ordinance or regulation and
such information is found to be inadequate, incorrect and/or is not provided when
requested by the building official.
Section R401.2 Requirements is hereby amended to add the following new paragraph to
the end of Section 401.2:
“All foundations shall be designed by a registered Professional Engineer in the State of
Texas and all drawings and documentation must be signed and sealed. Documentation
shall include:
1.The foundation design shall reference the geotechnical investigation soils report number(s),
date of report, and geotechnical soils engineer name; specific location including lot, block and
subdivision; specific design criteria including soil bearing capacity, design plasticity index (as
applicable), and potential vertical rise. The engineer shall also approve a concrete mix design
with performance criteria based on soils and seasonal conditions. Design shall reference the
amount of time before vertical construction may begin on the foundation.Signed and sealed
drawings clearly indicating the strand and reinforcement placement, pier size, depth, location,
and reinforcing, beam size and location, any special details, with clearing and grubbing as
needed. Design calculations using Wire Reinforcement Institute (WRI) or Post Tension Institute
(PTI) must be included.
2.Each foundation plan shall identify the Registered Design Professional in Responsible Charge
(RDPiRC). Prior to issuing a certificate of occupancy, The Registered Design Professional in
Responsible Charge shall provide the building official the following certification:
Registered Design Professional in Responsible Charge Letterhead
[Date]
FINAL REPORT OF REQUIRED RESIDENTIAL FOUNDATION INSPECTIONS
Project:
[Builder Name]
[Project Address]
Buda, Texas
City of Buda Permit Number [#]
As the registered design professional in responsible charge for all required foundation
inspections for this project during construction, to the best of my information, knowledge and
belief the following required inspections and tests for this project have been performed and all
discovered discrepancies have been resolved.
___ Verify materials below shallow foundations are adequate to achieve the design bearing capacity.
___ Verify excavations are extended to proper depth and have reached proper material.
___ Perform classification and testing of compacted fill materials.
___ Verify use of proper materials, densities and lift thicknesses during placement and compaction of compacted fill.
___ Prior to placement of compacted fill, observe subgrade and verify that site has been prepared properly.
___ Inspection of reinforcing steel, including prestressing tendons, and placement.
___ Verify use of required design mix. ACI 318: Ch. 4, 5.2-5.4 1904.2.2, 1913.2,1913.3 (as applicable)
___ At the time fresh concrete is sampled to fabricate specimens for strength tests, perform slump and ASTM C 172
air content tests, and determine the temperature - ASTM C 31 1913.10 of the concrete. ACI 318: 5.6, 5.8
___ Inspection of concrete placement for proper application techniques. - ACI 318: 5.9, 5.10 1913.6,1913.7,1913.8
9 (as applicable)
___ Inspection for maintenance of specified curing temperature and techniques. -ACI 318: 5.11-5.13 1913.9 (as
applicable)
___ Verify in-situ concrete strength, prior to stressing of tendons in post-tensioned concrete and prior to removal of
shores and forms from beams and structural slabs and prior to vertical construction on foundation. ACI 318: 6.2
___ Inspect formwork for shape, location and dimensions of the concrete member being formed - ACI 318: 6.1.1
___ Verify moisture Barrier is properly installed.
___ Verify that geotechnical report remains valid for cut/fill on site.
___ Joinery details are adequately installed if required by the foundation design.
___ Design calculations have been performed in accordance with adopted versions of WRI and/or PTI or other
alternative rational methods as described in IBC Section 1808.6.2.
___ The engineer has maintained all records applicable to inspections performed for this project.
Respectfully,
[RDPiRC Seal]
[Signature Of RDPiRC]
[RDPiRC Firm Name]
1.Design engineer or designee must perform a pre-pour inspection and provide the City of Buda
with a signed and sealed document stating that the foundation has been inspected and approved.
This inspection must take place prior to requesting a foundation inspection from the City of
Buda. The builder or representative shall be present during placement of concrete to verify
concrete mix design and seasonal conditions during placement, and verify tensioning and
elongation of cables if it is a post-tension foundation. A copy of the batch tickets for foundation
concrete delivery shall be collected and provided to the City of Buda.
2.The builder must provide to the City of Buda a signed statement that the foundation has been
placed in compliance with the engineer’s design prior to issuance of a Certificate of Occupancy.
3.Prior to issuance of a Certificate of Occupancy, copies of relevant logs, batch tickets or test
results from the concrete manufacturer shall also be provided.
After foundation construction, but prior to commencement of framing, the owner or
applicant shall provide the building official of the City with a sealed certification from an
engineer licensed to practice in the State of Texas that the concrete has adequately cured
to allow for framing of the first floor to occur. Prior to placing any additional load on the
slab the owner or applicant shall provide the building official of the City with a sealed
certification from an engineer licensed to practice in the State of Texas that the concrete
has adequately cured to allow an additional load to be placed on the slab, including
framing above the first floor. In no event shall this be less than 3 days after the foundation
was poured.
If the foundation is a post-tension foundation that it was designed after the engineer’s
consideration of (a) the Post-Tensioning Institute’s Construction and Maintenance Manual
for Post-Tensioned Slab-on-Ground Foundations, 3d Edition; (b) the Post-Tensioning
Institute’s Design of Post-Tensioned Slabs-on-Ground, 3d Edition with 2008 Supplement;
and the soil test conducted for the lot.
Post-Tension foundations must be inspected by a Post-Tensioning Institute (PTI) Level 1
or 2 Unbonded PT Inspector prior to placing a load on the slab or commencement of
framing. Additionally, the PTI Level 1 or 2 Unbonded PT Inspector must provide
foundation design drawings, shipping lists, material certifications, jack certifications,
stressing records, and concrete placement records (as described in the Post-Tensioning
Institute’s Construction and Maintenance Manual for Post-Tensioned Slab-on-Ground
Foundations, 3d Edition) to the City.
Prior to receiving a Certificate of Occupancy, a survey of the final grade elevations
around the home demonstrating compliance with the requirements of the adopted
International Residential Code (IRC) ons and verifying positive drainage away from the
foundation must be submitted to the building official. y. The survey shall be sealed by a
Professional Engineer or by a Registered Professional Land Surveyor registered in the
State of Texas. The methods used to conduct the survey shall be at the discretion of the
responsible design professional.
The Registered Design Professional in Responsible Charge shall maintain all inspection
records, testing results, design work, calculations and all relevant supporting
documentation for not less than ten (10) years from the date of certification. All records
shall be made available at no cost to the building official or his designee at his request.
Section R401.2 Requirements is hereby amended to add the following new paragraph to
the end of Section 401.2:
“All foundation repairs shall be designed by a registered Professional Engineer in the
State of Texas and all drawings and documentation must be signed and sealed.
Documentation shall include:
1.Design letter referencing soils report numbers, date of report, and soils engineer name; specific
location including lot, block and subdivision; specific design criteria including soil bearing
capacity, plasticity index, and potential vertical rise. The engineer shall also approve a concrete
mix design with performance criteria based on soils and seasonal conditions.
2.Signed and sealed drawings clearly indicating the repair pier size, depth, location, and
reinforcing, and any special details. Design calculations must be included.
3.Voids shall not be allowed to remain under the foundation after the repair is complete.
Flowable fill is allowed under the foundation to fill any voids created during the foundation
repair. Sump pumps are not allowed to remain after the foundation repair is complete. Any
sump pump used during the foundation repair process must be removed prior to finalizing the
foundation repair.
4.The Design Engineer must provide to the City of Buda a signed and sealed Letter of Final
Acceptance stating that the foundation repair has been completed in compliance with the
approved foundation repair design.
5.Letter from the engineer indicating that the lot has been graded after completion of the repair to
maintain drainage away from foundation.
Section R401.4 Soil Tests is hereby amended to add the following new paragraph to the
end of Section 401.4:
Notwithstanding the foregoing, prior to issuance of a building permit, the owner or
applicant shall provide to the building official of the City a soil test (geotechnical
investigation) for the residential lot made by a geotechnical engineer licensed to practice
in the State of Texas. The soil test shall contain design recommendations. The
geotechnical engineer shall determine the location and frequency of borings to accurately
assess the design conditions for which the foundation and/or paving are to be designed
The soil test location shall be approved by the building official and shall be conducted
within the area where the building foundation is to be located and The applicant or owner
shall provide a survey of the lot to the City indicating the location of the geotechnical
investigation. soil test. The geotechnical investigation Such soil test report shall be
referenced on the building permit application. along with a signed and sealed statement
from an engineer licensed to practice in the State of Texas that the foundation on the
residential lot was designed in consideration of the results shown in the soil test report for
that lot and that no cut or fill was done subsequent to the soil test being conducted. In
general, for expected uniform subsurface conditions, borings shall not exceed 200-foot
centers across a subdivision. However, the maximum spacing shall be reduced as
determined by the geotechnical engineer of record. Non-uniform subsurface conditions
may require additional borings as determined by the geotechnical engineer. The building
official may accept a soils investigation performed from adjacent areas that are within 2
residential lots of the building foundation on the same side of the street. The soil tests
shall have a maximum spacing of no more than one soil test for every 4 residential lots
and shall be located on the same side of the street.
Section R404.4 Retaining Walls is hereby amended to add the following new paragraphs
to the end of Section 404.4:
Construction of a retaining wall in excess of four (4) feet in height, as measured from the
bottom of the footing of the wall to the top of the wall, constructed on public property or
to be dedicated to the City as a public improvement, as a part of the overall subdivision
civil plans and the Development Permit application process, shall require submission to,
and approval by, the City Engineer of the City of detailed retaining wall design plans
sealed by an engineer licensed to practice in the State of Texas, prior to commencing
construction of such wall. Construction of such retaining wall shall also require
submission to, and approval by, the City Engineer of the City of a sealed engineering
inspection report verifying the construction of the retaining wall is in conformance with
the retaining wall design plans in order to close out the Development Permit.
Construction of a retaining wall in excess of four (4) feet in height, as measured from the
bottom of the footing of the wall to the top of the wall, constructed on private property
and that will not be dedicated to the City as a public improvement, as a part of the
building permit application process, shall require submission to, and approval by, the
building official of the City of detailed retaining wall design plans sealed by an engineer
licensed to practice in the State of Texas, prior to commencing construction of such wall.
Construction of such retaining wall shall also require submission to, and approval by, the
building official of the City of a sealed engineering inspection report verifying the
construction of the retaining wall is in conformance with the retaining wall design plans
in order to close out the building permit.
On residential lots with a retaining wall in excess of four (4) feet in height, as measured
from the bottom of the footing to the top of the wall, in addition to the designated rear
and side yard setbacks, a maintenance and access easement for the benefit of the adjacent
property owners and the City on either side of the retaining wall, as necessitated by the
design of the retaining wall and in accordance with the signed and sealed engineering
plans, shall be required for retaining wall maintenance and to prevent any incursion into
fill material. The required area of the easement shall vary according to the retaining wall
design and adjacent property access and structures and shall, at a minimum, include all of
the fill area. All incursions are prohibited, including but not limited to the planting of
trees, except that a fence may be constructed but shall require the submission to, and
approval by, the building official of the City of detailed design plans, sealed by an
engineer licensed to practice in the State of Texas, prior to commencing construction on
such incursion. Additionally motor vehicles shall not be parked within the easement.
Section 3.
Chapter 6.02.007, Certificate of Insurance required for contractors,
In General of the Code of Ordinances, City of Buda, Texas is hereby amended as follows:
(a)
Building contractors responsibilities. It shall be the duty of every contractor who
shall make contracts for the construction, erection, alteration, repair, moving,
demolition, installation or replacements of any building, structure, swimming
pool, or sign, whether permanent or temporary, obtain all the necessary permits.
Such contractor shall be registered with the city.
(b)
Insurance required. It shall be the duty of all contractors who practice their craft
within the city to show proof of general commercial liability insurance for claims
for property damage, or bodily injury regardless of whether the claim arises from a
negligence claim or on a contract claim. Coverage amount of liability insurance
shall not be less than $250,000.00. The insurance shall run for a concurrent term
with the license.
(c)
Application. A written application for a contractor's registration will be submitted
to the building official on a form prescribed by the city along with the required
initial fee and evidence of qualifications as follows:
(1)
Required initial fee;
(2)
Renewal fee;
(3)
Completed application;
(4)
Reference of one financial institution;
(5)
Reference of two suppliers;
(6)
Reference of three customers with work performed within the last two
years. The building official, within 30 days from the receipt of the
completed application, will issue the registration or give a written refusal
setting out the reasons for refusal.
(d)
Renewal. All renewals shall be due January 1, of each year. Failure to renew
within 30 days after the renewal date will require the applicant to reapply for
registration at the initial fee rate.
(e)
Revocation. Any registration issued under this section may be revoked by the
building official for violations of the chapter, failure to obtain permits, or failure
to obtain proper inspections.
(f)
Appeal. An applicant, whose registration has been denied or revoked, may appeal
to the Construction Board of Appeals within 30 days, in writing along with an
established filing fee.
Section 4.
The recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part
of the judgment and findings of the Council.
Section 5.
All ordinances, or parts thereof, which are in conflict or inconsistent with any
provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions
of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 6.
This Ordinance shall be construed and enforced in accordance with the laws of the
State of Texas and the United States of America.
Section 7.
If any provision of this Ordinance or the application thereof to any person or
circumstance shall be held to be invalid, the remainder of this Ordinance and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City
hereby declares that this Ordinance would have been enacted without such invalid provision.
Section 8.
It is officially found, determined, and declared that the meeting at which this
Ordinance is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Ordinance, was
given, all as required by Chapter 551, as amended, Texas Government Code.
Section 9.
Pursuant to Section 3.11(A) of the City Charter, if the Council determines that the
first reading of this ordinance is sufficient for adequate consideration by an affirmative vote of
five or more members of the City Council during the first reading and the Ordinance is passed by
an affirmative vote of four or more members of the City council, this Ordinance is adopted and
enacted without further readings. In the event a second reading is necessary, this Ordinance is
adopted and enacted upon the affirmative vote of four or more members of the City Council upon
second reading.
Section 10.
Pursuant to Section 3.11(D) of the City Charter, this ordinance is effective upon
adoption, except that every ordinance imposing any penalty, fine or forfeiture shall become
effective only after having been published once in its entirety, or a caption that summarizes the
purpose of the ordinance and the penalty for violating the ordinance in a newspaper designated as
the official newspaper of the City. An ordinance required by the Charter to be published shall
take effect when the publication requirement is satisfied.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Buda, on this the
____ day of ________, 2014.
APPROVED:
__________________________
Todd Ruge, Mayor
Mayor, City of Buda
ATTEST:
Joy Hart, City Secretary
(CITY SEAL)