Rules of construction and definitions.
Houston Code of Ordinances § 1-2
in effectSec. 1-2. - Rules of construction and definitions.
(a) In the construction of this Code, and of all ordinances, the following rules shall be observed and the following definitions shall apply, unless the context clearly indicates otherwise:
Generally. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter than the general provisions imposed by the Code, the provision imposing the greater restriction or regulation shall be deemed to be controlling.
Abatement warrant is a warrant authorized by Section 30.00005(d)(3)(B), Texas Government Code, and issued only upon application to a magistrate, which application shall include either (a) a verified copy of a judicial or administrative order authorizing the city to secure, remove, or demolish property for a violation of this Code related to public health or safety or to nuisance abatement, or (b) an affidavit, which may be based on information supplied by others, stating facts establishing probable cause to abate (i) a nuisance pursuant to Article XI of Chapter 10 of this Code; (ii) a junked vehicle pursuant to Article XIII of Chapter 10 of this Code; or (iii) an off-premise sign pursuant to Article XVII of Chapter 10 of this Code. An abatement warrant shall be served by a peace officer.
Building Code means the City of Houston Building Code, as adopted and amended by the city council.
Building official means the Director of Houston Public Works or such other person as the said director may designate to act as the chief Construction Code enforcement official of the city and the said official's designee.
City. The words "city" "the city" or "this city" shall mean the City of Houston, in the State of Texas.
City council. Whenever the words "city council" or "council" are used, they shall be construed to mean the City Council of the City of Houston, as the governing body of the city.
City engineer shall mean:
(1) The Director of Houston Public Works and the director's designee; or
(2) The director of the general services department or the engineer designated by the director and that director's or engineer's designee, as applicable.
The term primarily relates to employees of Houston Public Works and the general services department who are engaged in acquisition, design and construction of public works and related projects.
City fee schedule means the schedule of fees charged by the city for various permits, licenses, authorizations and services, which schedule is maintained on the city's website.
City officers or departments. Whenever reference is made to an officer or department, the same shall be construed as if followed by the words "of the City of Houston, Texas."
Computation of time. Except as otherwise provided in this Code, or in applicable statutes of the state, whenever a notice is required to be given or an act to be done a certain length of time before any proceedings shall be had, the day on which such notice is given or such act is done shall not be counted in computing the time, but the day on which such proceedings are to be had shall be counted, unless it is a Sunday or a legal holiday on which city offices are closed, in which event the period runs until the end of the next day which is neither a Sunday nor a legal holiday.
Construction Code means the City of Houston Construction Code, as amended from time to time by the city council, which code consists of various texts setting forth requirements relating to building construction and safety, namely:
City of Houston Building Code, also known as the Building Code
City of Houston Electrical Code, also known as the Electrical Code
City of Houston Energy Conservation Code, also known as the Energy Conservation Code
City of Houston Existing Building Code, also known as the Existing Building Code
City of Houston Fire Code, also known as the Fire Code
City of Houston Mechanical Code, also known as the Mechanical Code
City of Houston Plumbing Code, also known as the Plumbing Code
City of Houston Residential Code, also known as the Residential Code
City of Houston Swimming Pool and Spa Code, also known as the Swimming Pool and Spa Code
Chapter 10, Article IX, also known as the Houston Building Standards Code
and
Houston Public Works Infrastructure Design Manual, also known as the Infrastructure Design Manual or IDM.
In particular instances this Code may refer to individual volumes of the Construction Code, and any such specific reference shall be construed to mean the identified portion of the Construction Code.
County. The words "the county" or "this county" shall mean and refer to Harris, Fort Bend, and Montgomery Counties, either singularly or collectively, whichever is applicable when taken in context.
Director of public health means only such officer; the term shall not be deemed to include that officer's designees, or to authorize that officer to delegate any authority or duty vested in him as director of the Houston Health Department, unless the intention to include designees, or to authorize delegation, is clearly expressed.
Electrical Code means the City of Houston Electrical Code as adopted and amended by the city council.
Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
Electronic signature means an electronic sound, symbol, or process attached to or logically associated with a record or document, which can include an electronic record or document, and executed or adopted by a person with the intent to sign the record or document.
Energy Conservation Code means the City of Houston Residential Energy Conservation Code or the City of Houston Commercial Energy Conservation Code, both as adopted and amended by the city council.
Existing Building Code means the City of Houston Existing Building Code, as adopted and amended by the city council.
Fire Code means the City of Houston Fire Code, as adopted and amended by the city council.
Gender. Words imparting masculine gender, whenever used herein, shall be deemed to include the feminine and shall also extend and apply to persons as the term "person" is herein defined. The use of words imparting masculine gender shall not be deemed to imply any preference for them or any subordination, disqualification or exclusion of the feminine.
Health officer means the director of public health or the director's duly authorized designees.
Housing officer. The term "housing officer" shall mean the director of the housing and community development department or the director's duly authorized designees.
Inspection warrant is an administrative warrant authorized by Article 18.05, Texas Code of Criminal Procedure, for the inspection of property to determine the presence of a fire or health hazard, an unsafe building condition, or a violation of any fire, health, or building regulation, statute, or ordinance. An inspection warrant may be issued only upon application to a magistrate, which magistrate may be a municipal judge authorized by Section 30.00006(e), Texas Government Code. The application shall include an affidavit, which may be based on information supplied by others, stating facts establishing probable cause that a fire or health hazard or an unsafe building condition is present in or on the property to be inspected. An inspection warrant may not authorize the arrest of a person or the seizure of property. An inspection warrant may be issued to and served by either a peace officer or a city official designated pursuant to Article 18.05(d), Texas Code of Criminal Procedure.
Judge or municipal judge. The words "judge" or "municipal judge" or any like term shall be construed to mean a judge (or an acting judge) of a municipal court of the City of Houston.
Major collector street shall mean a public street that is not a thoroughfare, but that provides access and circulation between thoroughfares and other streets and is so designated on the major thoroughfare and freeway plan.
Major thoroughfare shall mean a public street designated as a principal thoroughfare or thoroughfare on the major thoroughfare and freeway plan.
Major thoroughfare and freeway plan orMTFP means the latest edition of the major thoroughfare and freeway plan adopted by the planning commission and approved by the city council.
May. The word "may" is permissive.
Mechanical Code means the City of Houston Mechanical Code, as adopted and amended by the city council.
Must. The word "must" is mandatory.
Neighborhood protection official means the director of neighborhoods and such other natural persons as the director may designate in writing to act on his behalf.
Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language; provided, however, that technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
Notarization.Where notarization is required, an online notarization, as defined in Texas Government Code section 406.101, or electronic notarization in compliance with Texas Government Code section 406.026 or other applicable law satisfies notarization requirements.
Number. A word imparting the singular number only may extend and be applied to several persons and things as well as to one person and thing.
Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
Official time standard. Whenever certain hours are named herein they shall mean standard time or daylight-saving time as may be in current use in this city.
Or, and. "Or" may be read "and" and "and" may be read "or" if the sense requires it.
Owner. The word "owner" applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.
Parking official means the director of the department of administration and regulatory affairs or such other person as the said director may designate to act as the parking management official of the city and the said official's designee.
Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships, and bodies politic and corporate as well as to individuals or groups of individuals.
Personal property includes every species of property except real property.
Planning official shall mean the director of planning and development and the director's designees.
Plumbing Code means the City of Houston Plumbing Code, as adopted and amended by the city council.
Residential Code means the City of Houston Residential Code, as adopted and amended by the city council.
Shall. The word "shall" is mandatory.
Signature means (a) any mark or sign that is written, printed, electronically inserted, stamped, engraved, or otherwise placed upon any instrument or document by the signatory with the intent to execute, acknowledge, attest, endorse, or authenticate the instrument or document; (b) an electronic signature as defined in this section; or (c) a 'digital signature' as defined by Section 2054.060 of the Texas Government Code, as may be amended from time to time.
State. The words "the state" or "this state" or "state" shall refer to the State of Texas.
Street. The word "street" shall be construed to embrace streets, avenues, boulevards, drives, roads, alleys, lanes, viaducts and all other public highways in the city.
Swimming Pool and Spa Code means the City of Houston Swimming Pool and Spa Code, as adopted and amended by the city council.
Tense. Words used in the present or past tense include the future as well as the present or past.
Traffic engineer shall mean the person designated under subsection (a) of section 45-5 of this Code.
Transit-oriented development plan or TODP means the latest edition of the transit-oriented development plan adopted by the planning commission.
Transit-oriented development street or TOD street means a public street designated as a primary TOD street or secondary TOD street on the transit-oriented development plan.
Utility official shall mean the Director of Houston Public Works and the director's designee. The term primarily relates to those Houston Public Works employees who are engaged in activities relating to the delivery of water and wastewater services.
Walkable places plan or WPP means the latest edition of the walkable places plan adopted by the planning commission and approved by the city council.
Walkable places street or WP street means a public street designated as a primary WP street or secondary WP street on the walkable places plan.
Writing. The words 'write,' 'writing,' and 'written' shall include printing, whether physically on paper or in electronic form.
Year, month. The word "year" shall be construed to mean a calendar year, and the word "month" shall be construed to mean a calendar month.
(b) The provisions of Titles 1, 2 and 3 of the Penal Code shall apply in the interpretation of all penal provisions of this Code to the extent that the Penal Code mandates that they shall apply.
(Code 1968, § 1-2; Ord. No. 72-201, § 1, 2-2-72; Ord. No. 89-1079, § 2, 7-12-89; Ord. No. 90-635, §§ 1—3, 5-23-90; Ord. No. 93-514, §§ 1, 2, 5-5-93; Ord. No. 94-674, § 2, 7-6-94; Ord. No. 98-334, § 1, 4-29-98; Ord. No. 98-613, § 9, 8-5-98; Ord. No. 99-378, § 1, 4-21-99; Ord. No. 02-399, § 11, 5-15-02; Ord. No. 02-528, § 14a., 6-19-02; Ord. No. 03-925, § 2, 10-8-03; Ord. No. 03-1196, § 2, 12-23-03; Ord. No. 04-1015, § 5, 9-27-04; Ord. No. 04-1075, § 1, 10-20-04; Ord. No. 05-995, § 1, 8-24-05; Ord. No. 07-464, § 2, 4-11-07; Ord. No. 07-840, § 1, 7-18-07; Ord. No. 08-417, § 2, 5-14-08; Ord. No. 08-568, § 18, 6-18-08; Ord. No. 2010-304, § 2, 4-21-2010, eff. 4-1-2010; Ord. No. 2011-108, § 2, 2-9-2011; Ord. No. 2011-108, § 2, 2-9-2011; Ord. No. 2011-378, § 2, 5-18-2011; Ord. No. 2011-697, § 1, 8-10-2011; Ord. No. 2011-1168, § 4, 12-14-2011; Ord. No. 2015-820, § 2, 8-26-2015; Ord. No. 2018-11, §§ 2, 49, 50, 51, 1-10-2018; Ord. No. 2020-320, §§ 2, 3, 4-15-2020; Ord. No. 2020-684, § 2(Exh. A), 8-5-2020; Ord. No. 2021-1037, § 20(Exh. I.2, 3, 12-1-2021, eff. 4-1-2022)
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_CH1GEPR_S1-2RUCODEFetched: 10/26/2026