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San Antonio |
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Code of Ordinances |
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Chapter 10. BUILDING-RELATED CODES |
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Article I. ADMINISTRATION AND GENERAL |
§ 10-6. Permits.
(a)
Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, to include a sign or billboard, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this chapter, who performs site work or causes any such work to be done, shall first make application to the building official and obtain the required permit. See chapter 28 of the City Code for additional permit requirements for signs and billboards.
(b)
Annual permit. In lieu of an individual permit for each alteration to an already approved electrical, gas, mechanical or plumbing installation, the building official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times, or such records shall be filed with the building official as designated.
(c)
Annual electrical maintenance permit. An annual electrical maintenance permit is issued by the city to allow a property owner, property lessee or management company to employ persons qualified by this Code to maintain and make minor repairs to existing electrical systems on a property that is registered with the department. An electrical maintenance permit is not required when the property owner, property lessee or management company is registered with the city as an electrical contractor or employs a master electrician of record, registered with the city as an electrical contractor, who oversees and is responsible for the electrical maintenance.
(1)
Registration of persons qualified to perform work. All persons performing electrical work under this section shall be licensed or registered as required by the city or state. All electrical work performed under this permit must be performed by master electricians, journeyman electricians, maintenance electricians, or electrical maintenance technicians. Initial applicants for maintenance technicians will have to complete eight (8) hours of training approved by the code official.
(2)
Limitations of work . Work that may be performed under this permit by an electrical maintenance technician shall be limited to the maintenance of, repair or replacement of devices or lighting fixtures, having the same characteristics as the existing devices or fixtures, in or on existing outlets and shall include, but not be limited to the following:
a.
120-volt receptacles of all types.
b.
240-volt 3-wire and 4-wire dryer and range receptacles. Replacement of these receptacles shall be limited to like configuration and amperage receptacles.
c.
Replacement of overcurrent devices and safety switches of only the same voltage, current, ampere interrupting capacity (AIC) including:
1.
One or two pole circuit breakers not exceeding 60-amps at 240-volts.
2.
One or two pole safety switches (fused or non-fused) not to exceed 60-amps at 240-volts.
3.
Fuses not to exceed 60-amps at 240-volts.
d.
Photo cells and time clocks not to exceed 277-volts nominal.
e.
Range hoods, disposals and dishwasher motors.
f.
Interior, exterior lighting and switches not to exceed 277-volts nominal.
g.
Ceiling fans on approved boxes with proper bracing.
h.
Pool lights and outlets provided they are protected with GFCI and are replaced with same.
i.
Doorbell transformers and wiring to other low voltage devices with 120-volt connections.
j.
Bathroom-type exhaust vents.
k.
Electric gate repair.
Electrical maintenance work does not include the installation of any new electrical appurtenances, apparatus, equipment, machinery, or controls beyond the scope of any existing electrical installation.
(3)
Record keeping. The applicant for an electrical maintenance permit must:
a.
Maintain a copy of the permit at either the site where the work is being conducted or applicant's place of business if within the city.
b.
Maintain a copy of the registration card for the certified personnel either at the location where the work is performed or the applicant's place of business if within the city.
c.
Maintain a record of all work performed by registered personnel for a minimum of twelve (12) months.
(d)
Annual mechanical maintenance permit and annual plumbing maintenance permit for Residential Group R-2 apartment houses. An annual mechanical maintenance permit and an annual plumbing maintenance permit, or the combination of both as one annual mechanical/plumbing maintenance permit, are required for all apartment houses containing more than four (4) dwelling units where the occupants are primarily permanent in nature. In this section the term "permanent in nature" means having dwelling units where the original lease term is greater than two (2) months.
Exception: No permit is required for apartment houses that have self-contained, ductless air conditioning products that have a cooling capacity of three (3) tons or less or for individual apartment houses containing less than five (5) dwelling units each.
(1)
Scope.
a.
Mechanical. The annual mechanical maintenance permit replaces the necessity of obtaining individual permits for work performed on environmental air conditioning system, a process cooling or heating system, a commercial refrigeration system or commercial refrigeration equipment. The permit does not cover nor is a permit required for the installation, repair, or removal of the following:
1.
Vent hood used in residential kitchens.
2.
Portable or self-contained ductless air conditioning product that has a cooling capacity of three (3) tons or less.
3.
Portable or self-contained heating product that does not require the forced movement of air outside the heating unit.
4.
Environmental air conditioning equipment that is intended for temporary use and is not fixed in place.
5.
Residential refrigerator, freezer or ice machine.
b.
Plumbing. The annual plumbing maintenance permit replaces the necessity of obtaining individual permits for work performed by an owner or maintenance technician or maintenance engineer employed by the owner who performs plumbing maintenance work incidental to and in connections with other duties.
(2)
Permit holder. An annual mechanical maintenance permit for mechanical maintenance work and an annual plumbing maintenance permit for plumbing maintenance work will only be issued to the building owner/manager or their authorized agent. For properties that contain less than twenty (20) dwelling units, the permits holder may obtain one annual mechanical maintenance permit and one annual plumbing maintenance permit covering multiple locations. For properties that contain twenty (20) or more dwelling units, the permit holder shall obtain one annual mechanical maintenance and one annual plumbing maintenance permit for the dwelling units contained within the property.
(3)
Annual mechanical maintenance permit and annual plumbing maintenance permit fees. These fees shall be as follows:
Annual mechanical maintenance permit fee for single location $50.00 per permit plus $0.21 per residential apartment unit Annual mechanical maintenance permit fee for multiple locations $50.00 per permit plus $2.00 per residential apartment unit Annual plumbing maintenance permit fee for single location $50.00 per permit plus $0.21 per residential apartment unit Annual plumbing maintenance permit fee for multiple locations $50.00 per permit plus $2.00 per residential apartment unit Note: Owners of apartment houses have the option of taking out a combined annual mechanical/plumbing maintenance permit. These fees shall be as follows: Annual mechanical/plumbing maintenance permit fee for single location $100.00 per permit plus $0.42 per residential apartment unit Annual mechanical/plumbing maintenance permit fee for multiple locations $100.00 per permit plus $4.00 per residential apartment unit (4)
Record keeping. Records of all work performed under the annual mechanical maintenance permit and annual plumbing maintenance permit shall be maintained by the permits holder for no less than twelve (12) months after performing such work and shall be made available for the building official's review upon request.
(5)
Periodic inspections . Work performed under both the annual mechanical maintenance permit and the annual plumbing maintenance permit is subject to the building official's periodic inspections. No notice will be required by the building official to make periodic inspections of equipment located on the exterior of apartment houses. For periodic inspections of equipment located on the interior of apartment houses or their rooftops, coordination shall take place with the permits holder with a minimum five (5) day notice prior to the inspections. A date and time for the inspections shall be established by the building official. Maintenance records for both interior work and exterior work shall be made available during all interior inspections.
(6)
Limits of work performed under annual mechanical maintenance permit and annual plumbing maintenance permit. Work performed under these permits shall be limited as follows:
a.
Mechanical:
1.
All work required for the continued normal performance of an existing environmental air conditioning system, a process cooling or heating system, a commercial refrigeration system or a commercial refrigeration system. Work does not include the following:
a.
Total replacement of a system.
b.
Installation or repair of a boiler or pressure vessel that must be installed in accordance with rules adopted by the commission under V.T.C.A., Health and Safety Code Ch. 755.
2.
Diagnosing and repairing problems associated with air conditioning, commercial refrigeration, or process cooling or heating equipment, and remedying or attempting to remedy these problems.
b.
Plumbing: Repair, maintenance and replacement of existing potable water piping, existing sanitary waste and vent piping, existing plumbing fixtures and existing electric water heaters.
(7)
Work not covered by the annual mechanical or plumbing maintenance permit. The following work is not covered by these permits unless it is performed by either a licensed contractor or a state licensed professional engineer:
a.
Mechanical :
1.
Simultaneous replacement of the condensing unit, furnace and evaporator coil.
2.
Replacement of any condensing unit that is more than one-half-ton larger than the current size.
3.
Replacement of any furnace that is more than thirty-five thousand (35,000) BTU's larger than the current size.
4.
Replacement of any evaporator coil that is more than one-half-ton larger than the current size.
5.
Extension of any duct work more than one foot.
6.
Relocating any equipment to a new location more than five (5) feet from the original location.
b.
Plumbing :
1.
Cutting into fuel gas plumbing systems.
2.
Installation of gas fueled water heaters.
(8)
Who may perform work. The following may perform maintenance work under these permits:
a.
Licensed air conditioning contractors for the mechanical maintenance permit.
b.
A person licensed as an engineer under V.T.C.A., Occupational Code ch. 1001 and who engages in air conditioning and refrigeration contracting work and/or plumbing work in connection with the business in which the person is employed but does not engage in that work for the public.
c.
A person who performs air conditioning and refrigeration maintenance work and/or plumbing maintenance work if the person:
1.
Is a maintenance technician or maintenance engineer and is a regular employee of the building owner/manager of the property where the work is being performed;
2.
Performs the work in connection with the business in which the person is employed; and
3.
The person's employer does not engage in air conditioning and refrigeration contracting for the public and/or plumbing contracting work for the public.
(e)
Work exempt from permit . Exemptions from permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of the city. Permits shall not be required for the following:
(1)
Building:
a.
One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed three hundred (300) square feet (27.9 m ).
b.
Minor repairs to fences not over six (6) feet (1829 mm) high. Replacement of up to twenty-five (25) percent of the overall contiguous length of a fence shall constitute minor repair.
c.
Oil derricks.
d.
Retaining walls that are not over four (4) feet (1219 mm) in height measured from the grade level at the front of the wall to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
e.
Water tanks supported directly on grade if the capacity does not exceed five thousand (5,000) gallons (18,925 L) and the ratio of height to diameter or width does not exceed 2:1.
f.
Sidewalks and driveways not more than thirty (30) inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.
g.
Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
h.
Temporary motion picture, television and theater stage sets and scenery.
i.
Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than twenty-four (24) inches (610 mm) deep, do not exceed five thousand (5,000) gallons (18,925 L) and are installed entirely above ground.
j.
Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
k.
Swings and other playground equipment accessory to detached one- and two-family dwellings.
l.
Window awnings supported by an exterior wall that do not project more than fifty-four (54) inches (1,372 mm) from the exterior wall and do not require additional support of Groups R-3 and U occupancies.
m.
Nonfixed and movable fixtures, cases, racks, counters and partitions not over five (5) feet nine (9) inches (1,753 mm) in height.
n.
Uncovered patios not more than thirty (30) inches (762 mm) above grade or not over any basement or story below.
o.
Uncovered decks accessory to one-and two family dwellings not exceeding three hundred (300) square feet in area, that are not more than thirty (30) inches above grade at any point, are not attached to a dwelling and do not serve a required exit door.
(2)
Electrical:
a.
Minor repairs or maintenance work when performed by a licensed electrical contractor, the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.
b.
Replacement of a refrigeration or HVAC system motor, solenoid valves or controls associated with the motor when performed by a licensed mechanical contractor.
c.
The installation of that portion of wiring and equipment for telephone, voice, data, cable TV, broadband and other types of communication systems that operate at fifty (50) volts nominal or less. Such systems shall be grounded according to the applicable provisions of Article 250 and Chapter 8 of the NEC.
d.
The installation of wiring and equipment by or for the city for the purpose of generating, transmitting and delivering service to its customers.
e.
Radio and television transmitting stations: The provisions of this chapter 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.
f.
Temporary testing systems: A permit shall not be required for the installation for any temporary system required for the testing or servicing of electrical equipment or apparatus.
(3)
Gas:
a.
Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
b.
Portable LP-gas appliances and equipment of all types that is not connected to a fixed fuel piping system.
c.
Installation of farm appliances and equipment such as brooders, dehydrators, dryers and irrigation equipment.
d.
Raw material (feedstock) applications except for piping to special atmosphere generators.
e.
Oxygen-fuel gas cutting and welding systems.
f.
Industrial gas applications using gases such as acetylene and acetylene compounds, hydrogen, ammonia, carbon monoxide, oxygen and nitrogen.
g.
Petroleum refineries, pipeline compressor or pumping stations, loading terminals, compounding plants, refinery tank farms and natural gas processing plants.
h.
Integrated chemical plants or portions of such plants where flammable or combustible liquids or gases are produced by, or used in, chemical reactions.
i.
LP-gas installations at utility gas plants.
j.
Liquefied natural gas (LNG) installations.
k.
Fuel gas piping in power and atomic energy plants.
l.
Proprietary items of equipment, apparatus or instruments such as gas-generating sets, compressors and calorimeters.
m.
LP-gas equipment for vaporization, gas mixing and gas manufacturing.
n.
Temporary LP-gas piping for buildings under construction or renovation that is not to become part of the permanent piping system.
o.
Installation of LP-gas systems for railroad switch heating.
p.
Installation of hydrogen gas, LP-gas and compressed natural gas (CNG) systems on vehicles.
q.
Except as provided in Section 401.1.1 of the IFGC as amended, gas piping, meters, gas pressure regulators and other appurtenances used by the serving gas supplier in the distribution of gas, other than undiluted LP-gas.
r.
Piping systems for mixtures of gas and air within flammable range with an operating pressure greater than ten (10) psig (69 kPa gauge).
s.
Portable fuel cell appliances that are neither connected to a fixed piping system nor interconnected to a power grid.
(4)
Mechanical:
a.
Portable heating appliance.
b.
Portable ventilation appliances and equipment.
c.
Portable cooling units.
d.
Steam, hot water or chilled water piping within any heating or cooling equipment or appliances regulated by this Code.
e.
The replacement of any minor part that does not alter approval of equipment or an appliance or make such equipment or appliance unsafe.
f.
Portable evaporative coolers.
g.
Self-contained refrigeration systems that contain ten (10) pounds (4.5 kg) or less of refrigerant, or that are actuated by motors of one horsepower (0.75 kW) or less.
h.
Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
(5)
Plumbing:
a.
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 chapter.
b.
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.
(f)
Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next business day to the building official.
(g)
Repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. When making repairs, defective material or parts shall be replaced or repaired in such a manner so as to preserve the original approval or listing.
(h)
Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right.
(i)
Application for permit. To obtain a permit, the applicant shall first file an application in writing on a form furnished by the department of development services for that purpose. Such application shall:
(1)
Identify and describe the work to be covered by the permit for which application is made.
(2)
Describe the land on which the proposed work is to be done, by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.
(3)
Indicate the use and occupancy for which the proposed work is intended.
(4)
Be accompanied by construction documents and other information as required in section 10-8 of this chapter.
(5)
State the valuation of the proposed work. Valuation shall include the cost of labor, materials and profit.
(6)
Be signed by the applicant, or the applicant's authorized agent.
(7)
Give such other data and information as required by the building official.
(j)
Authorization to obtain plumbing permits. The following lists those individuals, contractors and companies that are authorized to obtain plumbing permits:
(1)
Any duly licensed (RMP) Responsible Master plumber registered with a company.
(2)
Any homeowner performing plumbing work on a homestead wherein he/she resides. The installation must be made by the homeowner without the assistance of any person or persons.
(3)
(TCEQ) 30 TAC 344 Licensed irrigators, who have a state irrigators license, for the installation of backflow devices for irrigation systems.
(4)
Water softener companies that hold a Class III Texas Commission of Environmental Quality (TCEQ) license for the installation or change out of water softeners and associated equipment.
(5)
Licensed fire line contractors for backflow devices on fire lines.
(6)
Plumbing work performed by anyone who is regularly employed or acting as a maintenance man or maintenance engineer, incidental to and in connection with the business in which he is employed or engaged, and who does not engage in plumbing work for the general public. See state licensing law for definition of maintenance person or maintenance engineer.
Exceptions:
a.
Any person who is employed by the railroad for plumbing work done upon the premises or equipment of the railroad, and who does not engage in plumbing work for the general public.
b.
Any person engaged by any public service company for plumbing work in connection with laying, maintaining and the operation of its service mains or lines and the installation, alteration, adjustment, repair, removal or renovation of all types of appurtenances, equipment and appliances directly related to public service companies, properties and/or jurisdiction.
(7)
Gas work performed by a certified LP gas installer licensed under V.T.C.A., Natural Resources Code chapter 113.
(8)
(OSSF) On-site Sewage Facility companies that hold an (OSSF Installer I or Installer II) Texas Commission of Environmental Quality (TCEQ) license for installation of (OSSF) On-Site Sewage Facilities and associated equipment, to secure a Sewer Permit to install the Sewer line from the building drain to the OSSF tank.
Insurance. Before any person shall engage in plumbing work within the city, such person shall provide a certificate of insurance issued by an insurance company authorized and admitted to do business in the state for commercial general liability insurance and products completed operations coverage for 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 shall be in a coverage amount of not less than three hundred thousand dollars ($300,000.00) for all claims arising in any one-year period. Further, any persons engaged in plumbing work shall indemnify and hold harmless the city from any and all damages, claims, liens or losses, including, but not limited to personal injury or death and property damage, arising from any acts or omission of any character whatsoever caused by such person, his agents or employees, engaged in plumbing work.
(k)
Action on application. The building official shall examine or cause to be examined application for permits and amendments thereto within a reasonable time after filing. Such applications may be reviewed by other departments of the city to verify compliance with any applicable laws and ordinances under their jurisdiction. If the application or the construction documents do not conform to the requirements of the pertinent laws, the building official shall reject such application in writing, stating the reasons for the rejection. If the building official is satisfied that the proposed work conforms to the requirements of this chapter and applicable laws and ordinances, and that fees specified in ordinances adopted by the city have been paid, the building official shall issue a permit for the work as soon as practicable. No building permit shall be issued where there is not a supply of approved water for domestic or fire protection use, and adequate to the purposes for which the property is intended to be used, and where there is not an all-weather road surface adequate to withstand the weight of a fire truck.
(l)
Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned one hundred eighty (180) days after the date of filing, unless such application has been pursued in good faith or a permit has been issued, except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding ninety (90) days each. The extension shall be requested in writing and justifiable cause demonstrated.
(m)
Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or of any other ordinance of the city. Permits presuming to give authority to violate or cancel the provisions of this chapter or other ordinances of the city shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this chapter or of any other ordinances of the city.
(n)
Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within one hundred eighty (180) days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of one hundred eighty (180) days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than one hundred eighty (180) days each. The extension shall be requested in writing and justifiable cause demonstrated.
(o)
Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this chapter.
(p)
Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project.
(q)
Demolition permit. See section 10-119 of this chapter.
(r)
House moving permit. See section 10-120 of this chapter.
(Ord. No. 2018-06-21-0493 , § 1, 6-21-18)