Additional permit conditions when new, remodeling or renovating construction is to be made.

Houston Code of Ordinances § 40-196

in effect

Sec. 40-196. - Additional permit conditions when new, remodeling or renovating construction is to be made. If any person or the owner of land abutting a public street or right-of-way reveals by his application for an inspection permit that any new, remodeling or renovating construction is desired to be made within any part of the city's right-of-way, the requested inspection permit will be issued upon compliance with the terms and provisions of this article, and in addition, upon the following conditions: (1) The proposed use of the city's right-of-way by any person or the abutting land owner shall not interfere with the city's lawful use thereof; and no inspection permit will be granted without the approval of the building official. (2) The proposed construction within the city's right-of-way shall be under the supervision of and in accordance with plans and specifications approved by the building official. (3) At all times during the construction and building of any structure within the city's right-of-way the street or highway shall be kept open for vehicular and pedestrian traffic in a reasonable manner, and no obstruction of the sidewalks shall be permitted in such a way as to prevent the use thereof by pedestrians; dirt and other material removed from the building and construction of any such structure within the city's right-of-way shall not be permitted or allowed to remain on the street or sidewalk, but all such dirt and other materials shall be removed immediately at the sole cost, risk, liability and expense of permittee; all excavations and obstructions of any kind where permitted during the period of permittee's construction, shall be properly barricaded, and well illuminated during the night time, all subject to the approval of the building official. (4) After the completion of the construction within the city's right-of-way, the permittee shall at his own cost and expense replace any sidewalks and surface of any streets that were damaged or removed in the construction of any improvement in a condition equally as good as they were immediately prior to the time of excavation or construction, and all of such sidewalks and streets shall be maintained in a good and useable condition for one year after said sidewalks or streets have been replaced, all subject to the approval of the building official. All damage, if any, to said sidewalks and streets caused by the construction, use, maintenance and operation by permittee shall be repaired by and at the cost and expense of the permittee. In the event permittee fails or refuses to proceed with diligence with the performance of any work in connection with the replacement, rebuilding or resurfacing of streets and sidewalks within 30 days after receiving written notice from the building official, the city may do such work or cause same to be done, all at the sole risk, cost, liability and expense of permittee. (5) The permittee, or his successors, assigns or representatives agree, obligate and bind himself or itself to indemnify and does hereby indemnify and hold and save forever harmless the city, from all liability, cost or damage on account of the construction within the city's right-of-way, or on account of using, occupying, preparing, maintaining and operating any such improvements therein. The permittee also agrees to furnish the building official written evidence that he has in full force and effect during all times of the building and construction within the city's right-of-way, public liability insurance in the amount of not less than $200,000.00 and insurance for property damage in the sum of not less than $100,000.00 covering such buildings and construction. (Code 1968, § 41-196; Ord. No. 72-97, § 5, 1-19-72; Ord. No. 90-635, § 120, 5-23-90)

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_CH40STSI_ARTVIIINPECESTPURI-W_S40-196ADPECOWHNERERECOISBEMAFetched: 10/26/2026