11-Deliberate and possibly act on an Ordinance amending Article I for Chapter 7, Buildings and Regulations of the Code of Ordinances of the City of ParisCITY COUNCIL AGENDA ITEM BRIEFING SHEET
Submittal Date:
Otiginating Department:
Presented By:
Agenda Item No.:
05/19/10
Engineering, Planning &
Shawn Napier, P.E.
Council Date:
Development
Director of Engineering, Planning
11.
06/28/10
& Develo ment
RECOMMENDED MOTION:
Move to approve an Ordinance amending Article I of Chapter 7, Buildings and Regulations of the Code
of Ordinances of the City of Paris, Texas by adding section 7-3, Third Party Plan Review and
Inspection; amending Article II, Building Code Section 7-19, Permit Fees, establishing permit fees
required by the Building Code.
PoLicY IssuE(s):
Building Permit Fees
BACKGROUND:
At the April 12`" City Council meeting City Council asked staff to bring back a proposal for a new fee
schedule. The proposed ordinance represents phase I in revising the fee structure and includes an
addition and changes to Chapter 7"Buildings and Building Regulations" of the Code of Ordinances and
wil] help ensure that the consumers of the service pay the cost. Staff plans to bring a second phase of
restructuring after the question of third-party inspection, in-house inspections, or some combination is
definitively answered through the FY 2010-201 1 budget process, i.e. we cannot assess if our fees will
cover our costs if we are not certain of what the costs will be.
The changes proposed in this first phase include:
l. Section 7-3 will be added to Article I. 7-3 sets limits when a third party plan reviewer and
inspector will be used and paid for by the developer. Third party plan reviewers and inspectors
will be required to be preapproved by the City of Paris prior to use by developers. The only
change to this section froln the first reading is the addition of a fee for the third party applicants.
2. Section 7-19 is being revised to add a plan review fee for all building plans submitted to the City
that do not require a third party plan reviewer. A commercial site plan fee will be charged for
every project submitted to the City. The rules regulating site plans vary so much between cities
that most third party plan reviewers do not review site plans. Site plans include everything
outside of the building that is required by Code or Ordinance. Staff recommends changing the
in-ground swimming pool fee fram $25.00 to a valuation based fee because multiple inspections
are required on in-ground pools. The Certificate of Occupancy application fee is currently
$ 10.00. Staff proposes to increase this fee to $50.00. The last proposed change involves failure
to obtain a building permit. A$20.00 administrative fee is charged for every day of delay in
getting a building permit. Staff would like to increase this amount to $50.00 per day.
After reviewing the Bureau Veritas (BV) invoices from Jan. 2009 to Jan. 2010, staff has estimated
savings or additional fees in the following areas: plan review fees charged by BV $90,000 (to be done in
house), fire review and inspection fees $50,000 (to be done in house for a fee or by third party), Plan
review fees to be charged by the new ordinance $8,000, increased Certificate of Occupancy fee $5,000.
The total of these savings and additional fees is $153,000. These numbers are only estimates and are
based on existing permit data.
BOARD/ COMMISSION RECOMMENDATION:
City of Paris
Revised 2/04/08
10'1
DRAFT
attorney\ordwork\current\Amend Sec 7-3 Permit Fees Bldg Code Ord 2010 (2)
ORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMEIVDING ARTICLE I OF CHAPTER 7, BUILDINGS AND REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS, BY ADDING SECTION
7-3, THIRD PARTY PLAN REVIEW AND INSPECTION; AND AMENDING ARTICLE
II, BUILDING CODE, SECTION 7-19, PERMIT FEES ESTABLISHING PERMIT FEES
REQUIRED BY THE BUILDING CODE; MAKING OTHER FINDINGS AND
PROVISIOIVS RELATED TO THE SUBJECT; PROVIDIIVG A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND
PROVIDING A1V EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Texas requested staff to amend the City's
Building Code establishing permit fees required by the Building Code; and
WHEREAS, the City Council of the City of Paris hereby finds and determines that the
changes recommended below are in the best interest of the City of Paris and its citizens and
should be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby in all
things approved.
Section 2. That Article I, In General, Chapter 7, Buildings and Building Regulations of the
Code of Ordinances of the City of Paris, Texas, be, and the same is hereby amended by adding
Section 7-3, Third Party Plan Review and Inspection to read in its entirety as follows:
"Sec. 7-3. Third Party Plan Review and Inspection.
(a) The Building Official may require third party plan review and inspection on
projects over 5,000 square feet and on specialty construction. The third party plan
review and inspection will be paid for by the developer. All reports and inspection
documentation shall be submitted directly to the City by the third party plan reviewer
and/or third party inspector.
(b) Third party plan reviewers and inspectors must be preapproved by the City.
Plan review and inspection companies shall submit an application and a summary of
qualifications to the Engineering, Planning and Development Department in order to be
evaluated and possibly added to the approved third party plan reviewers and inspectors.
The initial application fee is $100.00 and the annual renewal fee is $50.00
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Section 3. That Section 7-19, Permit Fees of Article II, Chapter 7, Buildings and Building
Regulations, of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby
amended to read as follows:
"Sec. 7-19. Permit fees.
(a) General construction permit fees. The required fee for the granting and
issuance of a permit for the construction, repair, or alteration of any building, to
include electrical, mechanical, and plumbing permits, shall be computed as follows:
Permit Fees
TABLE INSET:
Total Valuation
Fee
(dollars)
1,000.00 and less
$20.00
$20.00 for the first $1,000.00 plus $5.00 for
1,001.00 to
each additional thousand or fraction
50,000.00
thereof, up to and including $50,000.00.
$265.00 for the first $50,000.00 plus $4.00
50,001.00 to
for each additional thousand or fraction
100,000.00
thereof, up to and including $100,000.00.
$465.00 for the first $100.000.00 plus $3.00
100,001.00 to
for each additional thousand or fraction
500,000.00
thereof, up to and including $500,000.00.
$1,665.00 for the first $500,000.00 plus
500,001.00 and up
$2.00 for each additional thousand or
fraction thereof.
Moving Fee
For the moving of any building or structure, the fee shall be one hundred dollars
($100.00).
Plan Fees
Commercial building plan review fee will be a minimum of $50.00 or 25% of the
building permit fee (whichever is greater). This fee will not be charged when a
third party plan reviewer is used. The fee is due at the time of plan submittal.
Partial sets of plans will not be accepted.
Commercial site plan fee (including civil site work) is $50.00 for the first acre or
less and an additional $20.00 for every acre over one. This fee is in addition to the
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building plan review and will be charged when a third party plan reviewer and
inspection company is used. Three sets of plans are required.
Other Fees
TABLE INSET:
In-ground swimming pool
Valuation (based on table above)
Amusement activity permit
$25.00
Application for certificate of
occupancy
$50.00 (Increase to $75.00 on Oct. 1,
2010)
Temporary release for utilities
$10.00
(b) Signs. The fee required for the granting and issuance of a permit for the
erection and construction of an electric sign shall be as follows: For signs up to and
including thirty-six (36) square feet in area, five dollars ($5.00) each; all signs in
excess of thirty-six (36) feet, the sum of ten dollars ($10.00). The fee for the granting
and issuance of a permit authorizing the construction of billboards shall be the sum
of ten dollars ($10.00) for each panel thereof.
(c) Fees for delinquency in procuring permit. The fees prescribed by this
section shall apply to permits issued prior to the commencement of any work of any
building or structure. In the event work is begun on any building or structure
without having obtained a permit as required by the building code, there shall be an
additional administrative fee of fifty dollars ($50.00) per day assessed by the chief
building official for each day's delay in procuring the permit."
Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict with the
provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the
City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 5. That the repeal of any ordinance or part of ordinances affected by the enactment
of this ordinance shall not be construed as abandoning any action now pending under or by virtue of
such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue,
or as affecting any rights of the municipality under any section or provisions of any ordinance at the
time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris that this ordinance,
and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of
any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of
this ordinance.
Section 7. That any person violating any provision of this ordinance shall be guilty of a
Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec.
1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of
any violation of the above-enumerated sections shall constitute and be deemed a separate offense.
Section B. Introduced and read on first reading on May 24, 2010, at a regular meeting
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of the City Council of the City of Paris and read and passed on second reading on June 28, 2910, at
a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular
meetings of the City Council of the City of Paris.
Section 9. That this ordinance shall become effective from and after its passage of the
second reading and publication as required by law.
PASSED AND ADOPTED on second and final reading this 28th day of June, 2010.
Will Biard, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
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Building Fees Collected and Paid
From January 2009 through January 2010
Year to date PISD Project Totals less PISD
Amount paid to Bureau Vertias
$363,380.42
$139,280.16
$224,100.26
Amount collected by City
$174,471.94
$88,809.80
$85,662.14
Difference
($188,908.48)
($50,470.36)
($138,438.12)
% Fees
% of Total Recovered
YTD - BV Plan & Review Fees
$92,658.91
25.5%
0.0%
YTD - BV Building Inspections
$217,014.51
59.7%
48.0%
YTD - BV Fire Review and Inspection
$53,707.00
14.8%
0.0%
Tota I
$363,380.42
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