Houston Code of Ordinances § 10-316 Title.
Sec. 10-316. - Title.
This article is, and may be cited as, the "Houston Building Standards Code."
(Ord. No. 2011-108, § 4, 2-9-2011)
GENERALLY
Houston Code of Ordinances ch. 10, art. IX, div. 1
in effectHouston Code of Ordinances § 10-317 Definitions.
Sec. 10-317. - Definitions.
When used in this article, the following words and phrases have the meaning stated, unless the context of their usage clearly indicates another meaning:
Building standards official means the neighborhood protection official or the building official or the fire code official (as defined in the Fire Code), according to their respective enforcement responsibilities as provided in this article or in the Fire Code.
Commission means the building and standards commission created by this article.
Congregate living facility means a building containing facilities for living, sleeping, and sanitation for occupancy by other than a family. Examples of congregate living facilities include shelters, convents, monasteries, dormitories, boarding homes, as defined in section 28-451 of this Code, lodging facilities, as defined in section 28-601 of this Code and rooming houses, and fraternity and sorority houses. Notwithstanding the foregoing, the following buildings are not congregate living facilities:
(a) Jails;
(b) Hotels (as defined by article III of chapter 44 of this Code); and
(c) Buildings providing sleeping facilities primarily for the purpose of rendering services regulated by a department or agency of the federal government or of the State of Texas (including, but not limited to, the Texas Department of State Health Services).
Dwelling means a property containing not more than two dwelling units.
Dwelling unit means a single unit providing complete independent living facilities for one or more individuals, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Notwithstanding the foregoing, units in the following buildings are not dwelling units:
(a) Jails;
(b) Hotels (as defined by article III of chapter 44 of this Code); and
(c) Buildings providing sleeping facilities primarily for the purpose of rendering services regulated by a department or agency of the federal government or of the State of Texas (including, but not limited to, the Texas Department of State Health Services).
Family means an individual; or two or more individuals related by blood or by marriage; or a group of not more than ten individuals, who need not be related by blood or marriage, living together in a dwelling unit.
Habitable space means a room or other interior space lawfully occupied for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, halls, storage rooms, and utility rooms are not habitable spaces.
Hearing officer means the individual, whether one or more, designated by the mayor to conduct administrative hearings as provided by this article; to consider evidence of violations of this article and of certain provisions of the Fire Code, as provided therein or in this Code; and to enter orders as are supported by the evidence.
Kitchen means an area used, or designated to be used, for the preparation of food.
Manager means an individual authorized by the owner of property to control or supervise the property.
Occupant means an individual having lawful possession of a building or a portion thereof, including a tenant of the building and his invitees.
Overcrowded describes:
(1) A dwelling unit or a congregate living facility not containing at least 150 square feet of net floor area for the first resident and at least 100 square feet of additional net floor area for each additional resident; or
(2) A dwelling unit or a congregate living facility of two or more rooms not containing at least 70 square feet of net floor area in each room occupied by one resident for sleeping purposes; or
(3) A dwelling unit or a congregate living facility of two or more rooms not containing at least 50 square feet of net floor area per resident in each room occupied by more than one resident for sleeping purposes;
provided that, in a calculation of net floor area for the purposes of this article, children younger than one year old shall not be considered residents; children at least one year old but younger than six years old shall be considered one-half of one resident; and floor area in a room with a ceiling height of less than seven feet shall not be included in the calculation.
Owner means
(1) A person who holds one of the following legal interests in real property:
a. Fee simple title;
b. Life estate; or
c. Leasehold estate, unless the context differentiates between owner and tenant or resident, in which case "owner" means a lessee with a lease term of five or more years; or
(2) A person (such as an executor, receiver, or trustee, depending upon the terms of the person's appointment) who by operation of law holds rights in real property materially equal to those of a holder of fee simple title; or
(3) The buyer in a contract for deed.
Premises or property means a parcel of land and any structures on the parcel; for the purposes of this article, real property to which one account number has been assigned by the appraisal district in which the land is located constitutes one parcel of land.
Record proceeding refers to an administrative proceeding conducted pursuant to this article, if the proceeding is related directly to a property with an appraised value exceeding $250,000.00 (including improvements), according to the most recent information available at a public website maintained by the appraisal district in which the property is located, and if the proceeding:
(1) Includes a request by the building standards official for entry of an order, declaration, or directive; or
(2) Is a hearing conducted pursuant to section 10-394 of this article.
Refuse means garbage, rubbish, or anything discarded or rejected as useless or worthless.
Resident means an individual lawfully residing in a building.
Sanitary describes a condition of good order and cleanliness reasonably likely to preclude the transmission of disease.
Secure, when used in the context of a vacant building, means to take measures necessary to prevent unauthorized entry into the building, which measures shall be in accordance with the specifications on file in the office of the city secretary for the purposes of this article, unless a variance from the specifications is approved in writing by the building standards official. To the extent an order of the hearing officer, the commission, or a court of lawful jurisdiction establishes or adopts other criteria for securing a building, a building satisfying those criteria is considered secured.
Serious and immediate hazard means a condition that violates this article and that in the absence of immediate corrective action by the city presents a reasonable likelihood of causing serious bodily injury to a human being. For purposes of illustration only, examples of serious and immediate hazards include (a) a condition presenting a reasonable likelihood of electrocution or asphyxiation; (b) a structure reasonably likely to collapse; and (c) a vacant structure in which there is a reasonable likelihood that an individual with no right of entry may commit a violent criminal act while shielded from public view. The existence of a serious and immediate hazard may be determined from the personal observation of any person or from circumstantial evidence.
Sleeping unit means a room or other interior space occupied, with the permission of the owner of the property, for sleeping and other living purposes, which space may include sanitation or kitchen facilities but not both. Notwithstanding the foregoing, spaces in the following buildings are not sleeping units:
(1) Jails;
(2) Hotels (as defined by article III of chapter 44 of this Code); and
(3) Buildings providing sleeping facilities primarily for the purpose of rendering services regulated by a department or agency of the federal government or of the State of Texas (including, but not limited to, the Texas Department of State Health Services).
Substandard building means a building characterized by any of the conditions described in Section 214.001(a), Texas Local Government Code.
Vacant describes a structure in which there is no lawful residential, commercial, recreational, charitable, religious, or construction activity.
Weatherproof describes a structure able to protect occupants from exposure to precipitation, wind, and direct sunlight.
(Ord. No. 2011-108, § 4, 2-9-2011; Ord. No. 2013-296, §§ 17, 18, 4-3-2013; Ord. No. 2018-225, § 8, 3-22-2018; Ord. No. 2021-1037, § 20(Exh. I.16), 12-1-2021, eff. 4-1-2022)
Houston Code of Ordinances § 10-318 Scope; responsibility for enforcement.
Sec. 10-318. - Scope; responsibility for enforcement.
(a) This article applies to all structures, regardless of when they were constructed, altered, or repaired, except as otherwise may be provided by this Code.
(b) The neighborhood protection official is primarily responsible for the enforcement of this article with regard to dwellings. The building official is primarily responsible for the enforcement of this article with regard to all other properties.
(Ord. No. 2011-108, § 4, 2-9-2011)
Houston Code of Ordinances § 10-319 Article supplemental.
Sec. 10-319. - Article supplemental.
The provisions of this article are cumulative of all other ordinances, laws, and applicable regulations. Without limitation of the foregoing, any act to secure, repair, or demolish a structure ordered pursuant to this article must comply with all applicable requirements of this Code, specifically including the Construction Code and division 4 of article VII of chapter 33 of this Code. Furthermore, this article shall not be construed to limit the enforcement authority of officers of the police department, specifically including members of the police department's Differential Response Team.
(Ord. No. 2011-108, § 4, 2-9-2011)
Houston Code of Ordinances § 10-320 Authority to enter property; warrants; emergencies.
Sec. 10-320. - Authority to enter property; warrants; emergencies.
(a) For purposes related to the enforcement of this article, the building standards official may enter:
(1) Vacant property, provided that
a. The building standards official does not alter or damage the property; and
b. No owner of the property has denied the building standards official permission to enter the property; and
(2) Occupied property, but only with written or verbal permission from an owner, manager, or other person who reasonably appears to be in control of the property, unless otherwise provided by this article.
(b) If the building standards official is denied permission to enter a property, entry shall be made only under authority of a warrant issued by a magistrate.
(1) In applying for a warrant, the building standards official shall submit to the magistrate an affidavit, which may be based on information supplied by others, describing with reasonable specificity the property into which entry is sought, stating facts giving rise to the building standards official's reasonable belief that the property is in violation of this article, and, to the extent known by the building standards official after reasonable inquiry, the name and contact information of the owner, manager, or other person in control of the property.
(2) If the magistrate finds that probable cause exists for entry into the property by the building standards official, the magistrate shall issue a warrant authorizing the entry. The warrant shall constitute authority for the building standards official to enter and to inspect the property, to gather evidence by any reasonable means, including photography and videography, and to procure samples and specimens as reasonably necessary to determine the existence and extent of a violation of this article. It is unlawful for a person to interfere or to refuse compliance with a warrant issued pursuant to this section.
(c) Notwithstanding anything to the contrary in this section, if the building standards official reasonably believes that a serious and immediate hazard exists on a property, the building standards official may enter the property at any time. In such circumstances the building standards official:
(1) May be accompanied by other city employees, including officers of the police department;
(2) Shall make every reasonable effort to present proper identification to the owner, manager, or other persons who appear to have a right to occupy or to control the property;
(3) Shall remain on the property only for such time as is reasonably necessary to conduct inspections and to gather evidence required to determine whether a serious and immediate hazard exists on the property; and
(4) As soon as reasonably possible, shall memorialize the circumstances of his entry into the property. The memorialization may be typed, handwritten, or in electronic form and shall be preserved in the records of the building standards official.
After expiration of the time prescribed in subsection (c)(3) of this section, the building standards official may enter a property only under the authority of subsections (a) or (b) of this section.
(Ord. No. 2011-108, § 4, 2-9-2011)
Houston Code of Ordinances § 10-321 Alternative means of posting notice.
Sec. 10-321. - Alternative means of posting notice.
If an official responsible for posting a placard or other notice pursuant to this article reasonably believes posting the notice in the manner prescribed will present a danger to any individual, the official may post the notice in another manner reasonably likely to accomplish the intent of the notice.
(Ord. No. 2011-108, § 4, 2-9-2011)
Houston Code of Ordinances § 10-322 No alteration of lease or other agreement.
Sec. 10-322. - No alteration of lease or other agreement.
The terms of this article shall not be construed to alter the terms of a lease or other agreement between landlord and tenant or others relating to property that is a subject of this article; provided that no provision of a lease or other agreement shall be construed to excuse compliance with this article by any person. It is the intent of this article to identify the parties the city will hold responsible for compliance with and violations of this article, rather than to determine the rights and liabilities of persons under agreements to which the city is not a party.
(Ord. No. 2011-108, § 4, 2-9-2011)
Houston Code of Ordinances § 10-323 Responsibilities of the city attorney.
Sec. 10-323. - Responsibilities of the city attorney.
(a) The city attorney and attorneys acting at the direction of the city attorney shall:
(1) Provide legal advice and assistance as requested by the building official or by the neighborhood protection official related to the discharge of their respective duties under this article, which assistance may include the presentation of evidence, the examination of witnesses, and written and oral advocacy;
(2) Provide legal advice and assistance as requested by the hearing officer or by a member of the commission related to the discharge of their respective duties under this article; and
(3) Take all legal action reasonable and necessary to carry out the terms and provisions of this article, which action may include, but is not limited to, prosecution in the municipal courts of criminal citations issued for violations of this article and prosecution of civil lawsuits as authorized by this Code, by statute, or by common law.
(b) In the event the city attorney is requested by the building official or the neighborhood protection official and the hearing officer or a member of the commission to provide legal advice or assistance related to the same proceeding or to the same property, the city attorney shall take all actions reasonably necessary to protect the fairness of the proceeding, especially with regard to the rights of alleged violator(s).
(Ord. No. 2011-108, § 4, 2-9-2011)
Houston Code of Ordinances § 10-324 Penalty for violations.
Sec. 10-324. - Penalty for violations.
Unless a different penalty is provided elsewhere in this Code, a person violating a provision of this article shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than $200.00 nor more than $2,000.00. Each day a violation continues shall constitute a separate offense. It shall be an affirmative defense to prosecution under this article that compliance with this article or an order issued pursuant hereto was prevented as a result of the time for review and appeal following application for a certificate of appropriateness for mandatory repair pursuant to section 33-249 of this Code.
(Ord. No. 2011-108, § 4, 2-9-2011)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH10BUNEPR_ARTIXBUST_DIV1GEFetched: 10/26/2026