§ 7-2. Amendments, International Building Code, 2015 Edition, modified.

Section 101.1 Title. Insert City of Marshall.

Section 103 "Department of Building Safety" shall read "Building Inspections Division."

Section 105.1 is hereby rewritten in its entirety to read as follows:

105.1 Permit Required. Any owner or licensed contractor who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, 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 code, or to cause any such work to be done, shall first make application to the Building Official and obtain the required permit. The required permit is in addition to any other license or permit required by law, including without limitation any required contractor's license.

105.1.1 Contractor's license required. Every contractor or builder who shall make contracts for the erection, construction, demolition, renovation or repair of buildings, structures or improvements for which a permit is required by the City of Marshall and every contractor or builder making such contracts and subletting or assigning the same or any part thereof shall apply to the building official of the City of Marshall for a license for such occupation and possession of such license shall be prerequisite to the exercise of the occupation described in this sentence.

105.1.2 Contractor's license requirements. Every contractor or builder, who constructs, demolishes, renovates, repairs or makes improvements to structures or buildings for which a permit is required by the City of Marshall, shall be required to obtain a contractor's license. The following is required to obtain such license:

(1)

A completed application as provided by the Planning & Development Department.

(2)

A copy of the contractor's driver's license or state issued identification.

(3)

A certificate of general liability insurance of at least $100,000 or a surety bond of $2,500.

(4)

A registration fee as approved by City Commission.

(5)

Other pertinent information as deemed necessary by the Building Official.

105.1.3 Registration by Building Official. The Building Official shall register the name of each licensed contractor or builder, giving the name, residence, type of license held and place of business and in case of any subsequent change, the Building Official shall make a corresponding change in the Building Official's records.

105.1.3.1 Registration of State Licensees. Each Responsible Master Plumber, Master Electrician, Master Sign Electrician, Licensed Irrigator and A or B Air Conditioning and Refrigeration Licensee shall register with the Building Official on a form prescribed by the Building Official and shall provide such proof as the Building Official shall reasonably require that the person meets the current applicable State of Texas license and insurance requirements.

105.1.4 Exemption for owners. Persons erecting, constructing, or repairing buildings on their own residential homesteads, as reflected by public records, are exempt from the licensing provisions hereof; provided that a permit as required herein shall have first been obtained by such person; provided that such person shall have complied with all other requirements of this code except the licensing provisions; and provided that the owner is responsible for the completion of the entire construction work performed.

105.1.5 Revocation of contractor's license. A contractor's license issued pursuant to this code may be denied or revoked by the Building Official for the following reasons:

(1)

it has been determined that an applicant for a license or a contractor or builder holding a license knowingly gave false or misleading information on his or her application.

(2)

the contractor or builder holding a license has been convicted of a violation of this code.

(3)

the contractor or builder applying for or holding a license has been convicted of a felony or misdemeanor crime which directly relates to the duties and responsibilities of the licensed occupation.

In determining whether a criminal conviction directly relates to the licensed occupation, the Building Official shall consider:

(1)

the nature and seriousness of the crime;

(2)

the relationship of the crime to the purposes for requiring a license to engage in the occupation;

(3)

the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously has been involved; and

(4)

the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the licensed occupation.

In addition to the other factors that may be considered under this section, the Building Official, in determining the present fitness of a person who has been convicted or a crime, shall consider the following evidence:

(1)

the extent and nature of the person's past criminal activity;

(2)

the age of the person at the time of the commission of the crime;

(3)

the amount of time that has elapsed since the person's last criminal activity;

(4)

the conduct and work activity of the person prior to and following the criminal activity;

(5)

evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release;

(6)

other evidence of the person's present fitness, including letters of recommendation from: prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person; the sheriff and Chief of Police in the community where the person resides; and any other persons in contact with the convicted person; and

(7)

it shall be the responsibility of the applicant to the extent possible to secure and provide to the Building Official the recommendations of the prosecution, law enforcement, and correctional authorities as required under this ordinance; the applicant shall also furnish proof in such form as may be required by the Building Official that he or she has maintained a record of steady employment and has supported his or her dependents and has otherwise maintained a record of good conduct and has paid all outstanding court costs, supervision fees, fines, and restitution as may have been ordered in all criminal cases in which he or she has been convicted.

Any revocation of a contractor's license shall be for a minimum period of 30 days up to a maximum period of one year, within the discretion of the Building Official. If the Building Official suspends or revokes a valid license or denies a person a license or the opportunity to be examined for a license because of the person's prior conviction of a crime and the relationship of the crime to the license, the Building Official shall notify the person in writing:

(1)

of the reasons for the suspension, revocation, denial, or disqualification;

(2)

of the review procedure provided by Section 105.1.5; and

(3)

of the earliest date that the person may appeal.

105.1.6 Appeal of license revocation. A decision of the Building Official to revoke a contractor's license may be appealed to the Zoning Board of Adjustment by giving written notice of intent to appeal said decision to the Building Official within ten calendar days from the date the contractor or builder is notified of the revocation of the license. Such notice shall contain the reason or reasons why the Board should reverse or modify the decision of the Building Official. Failure to state reason(s) shall result in the termination of the appeal.

Upon receipt of said notice of intent to appeal, the Building Official shall schedule a meeting of the Zoning Board of Adjustment to consider such appeal. Such meeting shall be held within ten calendar days of the Building Official's receipt of the notice of intent to appeal, unless the contractor or builder requests a longer period of time.

At the hearing set for such appeal, the Zoning Board of Adjustment shall receive evidence submitted by the appellant concerning the reason or reasons for reversal or modification as stated in the notice of intent to appeal, and shall also receive evidence from the Building Official as to why the license revocation should be sustained. The Board shall render a decision sustaining, amending, or reversing the decision of the Building Official based upon the evidence present at the hearing.

(Ord. No. O-17-23, § I, 12-14-2017)