The Port Lavaca Wave (Port Lavaca, Tex.), Vol. 124, No. 96, Ed. 1 Saturday, September 12, 2015 Page: 2 of 14
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A2 ►►
THE PORT LAVACA WAVE
SATURDAY, SEPTEMBER 12, 2015
Officials offer tips on building codes
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See CODES Page A6
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into an existing building. When
all requirements for a building
usage are met regarding codes,
ordinances, and so forth, then
a certificate of occupancy, or
C/0, is then issued. This C/0
is a legal document stating that
the building has met applicable
codes for a particular usage and
is legal to occupy for a specific
type of business.
The process of designing
a new building for a particular
usage typically falls upon
the architect. If however, the
building is an existing building
undergoing a usage change,
the prospective new business
owner may hire a contractor
to bring a building up to the
standard necessary for a new
C/0 to be issued. Frequently, the
contractor does not know the
full extent of code requirements
that are applicable. Obviously,
when a situation as this arises,
it confounds the process.
When a building
occupancy permit is applied
for, the applicant will typically
identify what type of occupancy
the building will be used for
on the permit application. As
an example, suppose we have
a 5,000 square foot building
that is proposed to be used for
a restaurant, which is a Group
A-2. If the building is new, then
the building would be required
Electric
to relocate existing
to the
facilities
didn’t have the strength to play
with my son when I used to all
of the time,” he said.
Graham was put on an
emergency transplant waiting
list in July, and he waited less
than a month to receive a liver.
His story becomes even more
amazing from there.
“When they brought the
liver in, normally it takes nine to
17 hours for surgery. My surgery
only took six and a half hours.
I never had to be in a medically
induced coma before the liver
could start working in my body.
Within six and a half hours I
was in an ICU room and by the
next day I had a sponge bath and
had taken 10 steps,” he said.
His is such an unusual
case of recovery that Graham
signed releases to allow other
physicians to review it, he said.
“I had a doctor come from
Brazil to look at my case, and
one from Canada. They’re
working with my surgeons from
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situation involving a student.
Cowley also did not know
what the district or school’s
policy was on notifying parents
of a lockdown Wednesday, but
clarified Thursday that it is not
in the policy at Travis to notify
parents of a soft lockdown.
“At Travis we have worked
on implementing appropriate
procedures to ensure for the
safety of all of our students.
The first week of school we
practiced drills for the following:
Dangerous Situation (Code
Red), Fire, and Bad Weather
(Code Blue),” Cowley said in
the release. “On Sept. 1, 2015 we
went into a precautionary (soft)
lockdown, students are to remain
in class, due to a situation with
one of our students. As we utilize
the precautionary lockdown
we do not notify parents of this
reduced alert status. It is our
procedure when we go into a
Code Red lockdown we will
notify parents of that particular
situation.”
to meet specific requirements
for that usage. However, if one
wants to open a restaurant in
an existing building, then the
building will be evaluated to see
what upgrades are required for
the new usage.
The degree of upgrades
will be largely dependent on the
previous usage of the building.
If the original usage of the
building was an insurance office,
Group B, then the usage of the
building is changed from Group
B to A2. Since the proposed
usage A-2 is more hazardous
than the previous usage, then
the building will have to meet
all code requirements for the
new usage.
On the other hand, if a
building is being converted to
usage that is less hazardous
than the existing usage, then
fewer requirements will need to
be made for the conversion.
Another factor crops
up frequently—the question
arises if the building is a legal
occupancy to begin with.
As an example, let’s say a
building was built in 2005 as a
mercantile occupancy, Group
M. This building was designed,
constructed, permitted, and
inspected as a legal conforming
occupancy with a C/O issued.
In 2009, the building was
converted to a daycare, Group
his
spiritual
makes a
in other people’s
initially discussed with Cowley
Wednesday afternoon, the
superintendent said he did not
know if he could comment on
why the student was in CCISD
police custody or about the PLPD
officer assaults.
“I don’t know that there’s
anything I can tell you on that,”
Cowley said, adding he would
still have to get with Falcon on
the matter.
Cowley added he had no
comment on any action taken by
other law enforcement agencies
as they do not fall under his
jurisdiction.
On Wednesday, Cowley had
said he had only received “a
little” information from Travis
principal Michael Torres on the
lockdown.
“I don’t have the full story
on that,” Cowley said.
In Thursday’s press release,
Cowley said a precautionary, or
“soft,” lockdown had occurred
at Travis Sept. 1 where students
were to remain in class due to a
Building codes today have
varying requirements for
commercial buildings, which
are determined by the type of
business to be located within it.
One of the most challenging
aspects of building code
enforcement has to be how to
obtain compliance for these
businesses when they relocate
into an existing building. The
degree of compliance required
also depends on which codes
and statutes are applicable.
The International Building
Code 2003 edition is the required
minimum code in all of Texas
by statute for commercial
buildings. This code is updated
every three years, and newer
editions may be adopted by
municipalities. The 2012 edition
is the adopted version here in
Port Lavaca. Additionally, state
law allows home rule cities
to make amendments to the
adopted building codes.
Chapter 3
IBC designates
classifications for the proposed
usage of the building. These
classifications are commonly
referred to as groups. Groups
are represented by a letter
or a letter and a number. For
instance a grocery store would
be designated a “Group M”.
In this case “M” stands for
mercantile. Walmart and H-E-B
Rotella
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Howes
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of the
building
peninsula access road.
-Approved a one-year
lease of suite IF in the port
services building at monthly
cost of $525 to American
Cargo Assurance. Included in
the approval of the agreement
was a change in wording to
reflect the renewal rate will
not be limited to five percent.
The agreement previously
stated the renewal rental rate
would not increase more than
five percent.
-Heard financial
reports from Deputy Port
Director Forrest Hawes.
The unencumbered balance
for the previous month was
reported at $17,686,037.06 and
the encumbered balance was
$3,117,057.94 for a total of
$20,803,095.
-Heard from Hawes that
funds deposited for August
were $1,406,241.27, and
$863,523.58 was from accounts
receivable. He also reported
that 95 percent of the funds
were current.
-Approved
totaling
matching
including
payment to G&W Engineers
for a tug shore power cabinet
fabrication. Knuckey said a
separate fee will be needed for
installation of the cabinet.
-Approved
conferences
The real estate
met Sept. 2. Board members
on the committee are Tony
Holladay, J.C. Melcher and
Dell Weathersby.
-Took no action on three
agenda items regarding a
lease agreement, option to
lease and a pipe rack easement
between the port and NST
Point Comfort Holdings LLC.
The board tabled the matter
at the recommendation of
Roberts.
1-4, without permits, inspections
or a new C/O issued. Not
only is this a violation of the
building code, the owner of the
building can be held legally
liable for incidents should one
occur. Additionally, an illegal
occupancy will confound
the process for bringing the
building up to code standards
for issuance of a C/O for any
usage.
Bottom line is this—anyone
wanting to start a business in
an existing building should first
find out if the existing building
has a certificate of occupancy. If
there is no C/O, then it should
be determined if it is a legal
conforming business with no
C/O. If the owner of the existing
building does not have a C/O
then a local records search may
produce some useful records.
Next it shouldbe determined
if the new business is going to
be more or less hazardous than
what exists already. This is
done by establishing the usage
according to the IBC. If the
existing building is an empty
shell, then the interior of the
building will have to be brought
up to current code standards for
the proposed usage.
Other questions which
may be asked include is there
adequate parking, handicap
accessibility, are liquor or
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Also during the port
director’s report, David
Knuckey, director of
engineering services at the
port, updated board members
on dredging of the Matagorda
Ship Channel.
“We do this twice a year.
This way the entities and users
of the liquid pier can get the
people out that do the actual
maintenance of the loading
arms and the hydrotests on
each of the loading arms to
make sure they’re operating
correctly,” Hausmann said.
He added that
maintenance crews at the
port are continuing to clean
up around the port and are
gathering items to declare as
surplus at a later meeting.
during the
report,
director
Grocery would fall into this
category.
Another example would be
a “Group B.” In this instance
“B” stands for business. Banks,
insurance offices and a city hall
would be considered in this
category. There are 27 categories
listed in the 2012 IBC covering
everything from garages to
explosives manufacturing and
everything in between.
All of the listed types
of usages within the IBC are
grouped to similar uses as well
as similar life safety hazards. In
other words, various buildings
will have differing safety
hazards with regard to contents
and usage and the number of
people that can be safely allowed
in the structure.
An example of this could
be building which will be used
to store consumer fireworks,
Group H-3, would be a different
usage than a building used as a
child day care, Group 1-4. Each of
these types of buildings would
require different constructions
types, differing size restrictions
of the building, different life
safety requirements and so on
for obvious reasons.
Occupancy and building
permits are generally required
for a building to be occupied,
whether it is new, or if a new
business or owner is moving
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Knuckey said dredging
of the berthing areas are
complete, adding the U.S.
Army Corps of Engineers is
in negotiations with Orion
Marine Group for re-dredging
of a turning area where
“significant” shoaling was
found.
Hausmann added that a
section of dredging had to be
skipped because of a pipeline
in the area.
The port director also
said he is pursuing Federal
Emergency Management
Agency funds related to
Tropical Storm Bill, which hit
the area in June. Hausmann
said there was some shoaling
in the entrance channel
following the storm.
Following a
session lasting approximately
two hours, board members
authorized Hausmann to
retrieve G&W Engineering
files of port facilities from the
Calhoun County Appraisal
District.
“That was based upon
my advice because of some
potentials that are going on,”
port counsel Wanda Roberts
said.
In other business, board
members:
-Authorized port staff
to bid the purchase of two
complete marine fenders at the
liquid pier dock as well as two
partial marine fenders. The
current units are expected to
be refurbished to be used with
the partial fenders.
-Gave approval for
granting a 10-foot easement
to American
Power
electrical services
port’s waterfront
along with the payment of
$5,989.63 for the relocation.
The relocation will allow for
the construction of the north
Keese stated.
Keese restrained the
juvenile against the floor and
placed in handcuffs again. The
juvenile sustained a laceration to
the lip after making contact with
the floor, Keese’s report stated.
Calhoun County Emergency
Medical Services evaluated the
juvenile.
The juvenile was later
transported by CCISD officer
Mildred Stuckey the PLPD
report stated. The report did not
include the location to which the
juvenile was transported.
Prior to the press release
being issued Thursday CCISD
Police Chief Greg Falcon said
by phone he had referred the
matter to Cowley Falcon said he
had already informed Cowley
of the incidents, but declined to
comment further on the matter.
“Any information on what
happened has to come from Dr.
Cowley He made that very clear,”
Falcon said.
When the
Memorial Hermann,” Graham
said. “A lot of it had to do with
my attitude of wanting to get
better, sticking with my diet and
doing extra walking. But I only
got that strength from God. It
would have been so easy for me
to lie there and give up.”
Graham has to be on anti-
rejection medications for the
rest of his life. He has to return
to Memorial Hermann for
checkups.
Graham
experience ;
transformation
difference
lives.
“When I was in the hospital
in March looking at death there
was a nurse from Nigeria come
in and we prayed together. That
night I died to Christ,” he said.
“I could live my life according to
His will and maybe people could
see that, see the difference in my
life and maybe it would change a
few lives or two.”
1
security company.
In his motion, board
member J.C. Melcher said the
board could go through the
process of changing the tariff
at a later date once the port
“got its figures together.”
During the port director’s
report, Hausmann said that
96 vessels arrived during the
previous month. Of those, 21
were deep draft vessels and
75 were inland barges, while
221 invoices were issued.
Total revenue for August
was 365,068.7 short tons,
Hausmann reported.
Total revenue tons for
August was 332,727 short tons,
and revenue tons for the first
two months of fiscal year 2016,
the port had 659,803.1 short
tons. For September, 14 vessels
have arrived or are scheduled
for arrival.
Hausmann also discussed
the port’s semi-annual pier
outage, which is coordinated
with Invista, Ineos, Simplot,
Formosa and the port. He said
the outage will take place from
6 a.m. Sept. 21 to 6 p.m. Sept.
25.
other special licenses required,
health department permits, fire
department access, are adequate
utilities available, can the
business be located in proximity
to a school or church, any zoning
requirements, requirements for
signage and so forth.
My advice for anyone
is to find out these answers
prior to purchasing or leasing
a building. Should you need
information regarding the
opening of a business, there are
professional code consultants
available.
Often, when the project is
large as in our local conversion
stayed in the hospital. Those
were some lonely days.”
His sister Amy Ysaguirre
and brother-in-law Robert
Ysaguirre helped Graham
providing lodging and the
proper nutrition. In June, his
liver numbers rallied.
“I made it only by God’s
grace. There were days I didn’t
want to walk. There were days
I didn’t want to get up. I would
lay there and pray and ask God
to give me strength and He did,”
he said.
His rally was short-lived
and Graham was in and out of
the hospital.
“Two weeks before my
transplant, they told me at
Hermann that if I did not get a
new liver that within the next
month I would not be here,” he
said.
Graham was able to spend
a few days with his son during
this time.
“It was so hard because I
expenses
$326,591.31 and
disbursement,
a $19,652.82
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French, Tania. The Port Lavaca Wave (Port Lavaca, Tex.), Vol. 124, No. 96, Ed. 1 Saturday, September 12, 2015, newspaper, September 12, 2015; Port Lavaca, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1301477/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Calhoun County Public Library.