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Ord 94-2002 11/5/2002 ORDINANCE NO. qt-A-aoccp. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING PART II OF THE CODE OF ORDINANCES AT CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, AT ARTICLE II, BUILDING CODES; AND AT ARTICLE VIII, DANGEROUS BUILDINGS OR STRUCTURES; PROVIDING A REPEALER CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Construction Board of Adjustment and Appeals has determined that amendments to Section 22, Buildings and Building Regulations of the Wichita Falls Code of Ordinances, are necessary to advance public purposes relating to safety, the quality of life, appearance, and function of the City; and WHEREAS, the Construction Board of Adjustment and Appeals recommends the adoption of the International Building Code, 2000 Edition as amended herein; and WHEREAS, the City Council concurs with such adoption. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Part II of the Code of Ordinances, at Chapter 22, Buildings and Building Regulations, Article II, Building Codes, is amended in its entirety to read as follows: "Sec. 22-26 Adopted. The following code, published by the International Code Council, is adopted by reference as though it were copied fully in this section: International Building Code 2000 edition, including Chapters 1-32, and Appendices F and I. Sec. 22-27. Changes, deletions and amendments. The following changes, deletions and amendments are made in the International Building Code adopted in Section 22-26: • • Section 101. General 101.1 Title. These regulations shall be known as the Building Code of City of Wichita Falls, Texas, hereinafter referred to as "this Code." 101.2 Scope. The provisions of the International Building Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. EXCEPTION: Detached one-and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the International Residential Code. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment. 101.4 Referenced codes. The other codes listed in 101.4.1 through 101.4.7 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Electrical. The provisions of the National Electric Code 2002 shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.2 Gas. The provisions of the 1994 SBCCI Standard Gas Code shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.3 Mechanical. The provisions of the 1994 SBCCI Standard Mechanical Code shall apply to the installation, alterations, repairs, and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators, and other energy-related systems. 101.4.4 Plumbing. The provisions of the 1994 SBCCI Standard Plumbing Code shall apply to the installation, alterations, repairs and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 101.4.7 Energy. The provisions of the International Energy Conservation Code shall apply to all matters governing the design and construction of buildings for energy efficiency. Sec. 102. Applicability 102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 102.2 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.5 Partial invalidity. In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. Sec. 103. Building Inspection Division There is hereby established a division to be called the building inspection division, and the person in charge shall be known as the building code administrator. Any reference in this code or other code to building official shall be held to mean the building code administrator. Sec. 104. Duties and Powers of Building Official 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 104.7 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. 104.8 Liability. The building official, member of the Board of Appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department of building safety. 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 104.11.1 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. Sec. 105. Building Contractor Licensing 105.1 No building permit shall be issued to any building contractor (as defined by section 105.1.2.) or person for work to be performed pursuant to a building permit unless such building contractor or person is registered with the building official of the City in accordance with the following provisions: (a) Licensing as a building contractor shall be made upon forms provided by the building official of the city, and all information requested shall be submitted by the applicant. • • , All applicants for a building contractor license, excluding residential, shall successfully complete a standardized examination prepared by SBCCI or their successor. Building contractors who are licensed on October 2, 2001 shall be exempt from the testing requirement unless their license is not renewed within thirty (30) days, or is revoked by the building official. (b) Licenses must be renewed annually in order to acquire building permits or continue work on currently issued building permits. (c) Failure to keep proper and valid bond or insurance in force will result in termination of a license and invalidate any active building permits issued to the building contractor or person. Should such bond or insurance expire, all fees, including all permit fees, must be paid again upon renewal of licensing. (d) Licenses may be revoked or rejected by the building official for the following reasons: 1. Failure to obtain and keep in effect required bond or insurance; 2. Failure to fully complete the license form; 3. Failure to pay any required fees; 4. Refusal to correct any code violation after notice; or 5. Continuous or repeated violations of the Code of Ordinances of the city. (e) No license shall be required for a building permit for a residential structure to be issued to a homeowner who occupies the property as his permanent residence or is constructing a new permanent residence and acts as the general contractor for the work performed. This provision can only be used once every two years unless the permit is issued on the same residence. Any subcontractor who performs work on said residence must meet all city and state licensing requirements. (f) Volunteers, unpaid contractors, shall be exempt from licensing requirements. (g) The annual license fee shall be $50.00. (h) No permit shall be issued for commercial construction unless the applicant is licensed as a general contractor, or is otherwise exempted under this section. (i) An Owner or Maintenance Worker as defined in section 104.5.2 shall be exempt from the licensing requirements of this section if • the work to be performed is listed below. The work may be required to be permitted. 1. Electrical Maintenance Work: includes the repair, maintenance and replacement of existing electrical apparatus, existing lighting fixtures, and existing plugs and switches. Electrical Maintenance Work does not include changing of electrical service and the installation of new breaker panels or wiring. Any person who erects, builds or installs electrical not already in existence may not be classified as an Electrical Maintenance Worker. Such maintenance person shall not engage in electrical work for the general public. 2. Plumbing Maintenance Work: includes the repair, maintenance and replacement of existing potable water piping, existing sanitary waste and vent piping, existing plumbing fixtures, and existing electrical water heaters. Plumbing Maintenance Work does not include cutting into fuel gas plumbing systems and the installation of gas-fueled water heaters. A person who erects, builds, or installs plumbing not already in existence may not be classified as a Plumbing Maintenance Worker. Such maintenance person shall not engage in plumbing work for the general public. 3. Air Conditioning and Refrigeration Maintenance Work: includes any work required for the continued normal performance of an environmental air conditioning system, commercial refrigeration system or equipment, or process cooling or heating system. 4. Building Maintenance Work: construction maintenance work that includes the repair, maintenance and replacement of sheet rock, doors, siding, and windows of any existing building. Building Maintenance Work does not include any new construction or structural change of an existing building, or repair of any load-bearing or structural element of any building. Such Building Maintenance Worker shall not engage in construction work for the general public. (i) No license shall be required for a building permit to be issued to a non-occupied owner of a one- or two-family dwelling unit for work on an accessory building. An accessory building includes carports, outbuildings and other similar structures which do not include any livable area. (k) Any building contractor or person whose license has been revoked or rejected by the building official may appeal to the construction board of adjustment and appeals as follows: 1. Written notice o pp f the appeal must be made to the board within ten calendar days of the date on which the building official rendered his decision; 2. The board shall hear the appeal within 30 calendar days from the notice of appeal filed by the contractor. During the pendency of the appeal, contractor shall not perform any additional work without the approval of the building official; 3. The decision of the board on any appeal taken under this section shall be final and binding. 105.1.2 Bond and Insurance Requirements Any person or persons, firm, corporation or association required to be licensed per section 105.1 and seeking to acquire any permit for the type of work identified below shall first furnish the building official with a compliance bond in the following amounts: Contractor Bond General Liability Insurance Roofing contractor $ 25,000 $100,000 Siding contractor 25,000 100,000 Residential 50,000 300,000 Residential/commercial 25,000 100,000 remodel/renovation under $50,000 General contractor 100,000 500,000 Sign contractor 100,000 Paving contractor 100,000 Paving/street 100,000 House movers 100,000 Demolition contractor 100,000 Excavation 100,000 Irrigators 100,000 .Definitions: 1. Contractor: Any person or entity who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, schedule, direct, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, or furnishing labor to install material or equipment for any building, highway, road, railroad, sewer, grading, excavation, pipeline, public utility, structure, project development, housing, housing development, improvement, or any other construction undertaking. "Contractor" includes, but is not limited to, prime contractor, electrical contractor, construction manager of any kind whatsoever, including, but not limited to, residential construction manager, construction consultant, architect, and/or engineer who conducts or provides any activity or service described herein other than normal architectural or engineering services. 2. Residential Contractor: Contractor authorized to do residential home building and remodeling. 3. Paving Contractor: Contractor authorized to pave sidewalks and/or approaches in public right-of-way. 4. Paving/Streets Contractor: Contractor authorized to do street work. 5. Excavation Contractor: Contractor authorized to perform excavations in public right-of-way. 6. General Contractor: Contractor authorized to do commercial construction and residential construction. 7. Owner: Any person or entity who possesses legal title to the property or such person or entity who may be the operator or manager of the property by written authorization of the owner. 8. Maintenance Work: Repair work and all other work required for the continued normal performance of any commercial property. 9. Maintenance Worker: A regular bona fide employee of an Owner, as opposed to an independent contractor, who performs Maintenance Work. All compliance bonds shall be issued by a surety agency authorized to do business in the State of Texas. Bond issuance is further conditioned upon compliance with all provisions of the building code and other applicable ordinances and regulations of the City of Wichita Falls by the principal, his agents and employees. All sureties on said bond shall be liable for breach thereof to the City of Wichita Falls; to the owner of the property upon which work is performed; to any person, firm or corporation with whom the principal has contracted either orally or in writing to perform building construction, alteration, repair or other work; and to any person who may be damaged or injured by the principal's failure to comply with the regulations, ordinances and building code of the City of Wichita Falls. A claim upon said bond may be made by any person damaged by reason of the principal's failure to perform his obligation under the ordinances, building code and regulations of the City of Wichita Falls. Suspension or revocation of any license or permit shall not limit the liability of either the principal or the surety on any such bond. The comprehensive general liability insurance required shall be per occurrence, including coverage for bodily injury and property damage, with products liability and completed operations coverage. The insurance coverage shall include a provision that in the event such coverage is canceled or reduced, the insurance carrier shall notify the building official at least ten days prior to such cancellation or reduction in coverage. Prior to issuance of any such permit, such applicant shall furnish the building official with a certificate of insurance evidencing the required insurance coverage. Any applicant's permit shall be automatically suspended during any period in which the applicant fails to maintain in effect the required bond or insurance. Prior to issuance of any type of permit required under this chapter, the building official shall require that homeowners show proof of ownership and/or residency. Documents of proof may include but are not limited to the following: current driver's license, property deeds, tax statements, or utility statements. 105.2 Work Exempted from Permit Requirements. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: 1. Electrical work involving the repair or replacement of existing electrical apparatus, existing lighting fixtures and existing plugs and switches. 2. Plumbing work involving the stopping of leaks in drains, water, soil, waste or vent pipes; provided, however, that if any concealed trap, drainpipe, water, soil, waste or vent pipe needs to be removed and replaced with new material, such work shall be considered as new work, and a permit shall be obtained, and inspection made, to ensure code compliance. 3. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, and the removal and reinstallation of water closets, provided such repairs do not involve or require the rearrangement of valves, pipes or fixtures. 4. Mechanical work involving the following activities: (a) Portable heating appliances (b) Portable ventilation appliances (c) Portable cooling unit (d) Steam, hot or chilled water piping within any heating or cooling equipment 107.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 107.2 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure the public health, safety and general welfare. 107.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in the ICC Electrical Code. 107.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. Section 108. Fees 108.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 108.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. 108.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an additional fee established by the building official that shall be in addition to the required permit fees. 108.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection with or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. • (e) Replacement of any minor part that does not alter approval • of equipment or to make such equipment unsafe. 5. Gas work involving any portable heating, cooking or clothes-drying appliances. 6. Building work involving the following activities: (a) Repair of damaged sheet rock. This does not include areas of required means of egress, rated walls or removal of sheet rock due to damage from water, mold problems, fire or termite damage. (b) Replacement of any existing door, door casing and door hardware. (c) Replacement of windows as long as the framing is not changed and is in sound condition. (d) Repair of damaged siding, fascia or soffit as long as the area does not exceed 1/10 of the building's siding. (This area is calculated on area of same.) This does not include damage caused by water, mold, fire or termites. (e) Repair of torn shingles or patching when no tear-off is required. (This does not include overlay.) (f) Any cabinets, counter tops and similar finish work. (g) Painting, carpeting, and similar cosmetic work. (h) Swings and other playground equipment accessory to a one- or two-family dwelling. (i) Sidewalks and drives not more than 30 inches above adjacent grade and not over any basement or story below. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. 105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. . • - 105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Restoration permit. A restoration permit may be issued for buildings or structures, which has been determined by City Council to be dangerous under Article VIII, Dangerous Buildings or Structures, Section 22-605, Duties of City Council, but for which Council determines that the owner, lienholder, or mortgagee has legitimate intent to rehabilitate the structure. Such permit may be issued with individual requirements for the timing of the submittal of requested information and the completion of rehabilitation activities. The permit will not be valid unless deadlines are met; otherwise, the structure may still be subject to demolition without further action of the Council. Section 106. Construction Documents 106.1 Submittal documents. Construction documents, special inspection and structural observation programs and other data shall be submitted in one or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where the following conditions exist: The design professional shall be an architect or engineer legally registered under the laws of this state regulating the practice of architecture or engineering and shall affix his official seal to said drawings, specifications and accompanying data, for the following: 1. All Group A (Assembly), E (Education) and I (Institutional) occupancies. 2. Buildings and structures three stories or more high. 3. Buildings and structures 5,000 sq.ft. (465 m2) or more in area. For all other buildings and structures, the submittal shall bear the certification of the applicant that some specific state law exception permits its preparation by a person not so registered. EXCEPTION: Group R3 buildings, regardless of size, shall require neither a registered architect or engineer, nor a certification that an architect or engineer is not required. 106.1.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. 106.1.1.1 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 106.1.2 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R-2 and R-3 as applicable in 101.2 and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. • 106.1.3 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves, or parapets, means of drainage, water- resistive membrane, and details around openings. The construction documents shall include manufacturing installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 106.2 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. 106.3 Examination of documents. The building official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. 106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or his authorized representative. 106.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 106.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. . • 106.3.4 Design professional in responsible charge. 106.3.4.1 General. When it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Where structural observation is required by 1709, the inspection program shall name the individual or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. See also duties specified in 1704. 106.3.4.2 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Submittal documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. The deferred submittal items shall not be installed until their design and submittal documents have been approved by the building official. 106.4 Amended construction documents. Work shall be installed in accordance with the reviewed construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. 106.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. Section 107. Temporary Structures and Uses 108.6 Refunds. The building official is authorized to establish a refund policy. Section 109. Inspections 109.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 109.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 109.3 Required inspections. The building official, upon notification, shall make the inspections set forth in 109.3.1 through 109.3.10. 109.3.1 Footing or foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. 109.3.2 Concrete slab or under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 109.3.3 Lowest floor elevation. The elevation certification required in Chapter 54 of the Code of Ordinances shall be submitted to the building official. 109.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. 109.3.5 Lath or gypsum board inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished. EXCEPTION: Gypsum board that is not part of a fire-resistive assembly or a shear assembly. ' 109.3.6 Fire-resistant penetrations. Protection of joints and penetrations in fire- resistance-rated assemblies shall not be concealed from view until inspected and approved. 109.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R and U value, fenestration U value, duct system R value, and HVAC and water heating equipment efficiency. 109.3.8 Other inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety. 109.3.9 Special inspections. For special inspections, see 1704. 109.3.10 Final inspection. The final inspection shall be made after all work required by the building permit is completed. 109.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 109.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspection of such work for any inspections that are required by this code. 109.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. Section 110. Certificate of Occupancy 110.1 Use and occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. 110.2 Change in use. Changes in the character or use of an existing structure shall not be made except as specified in Chapter 34. 110.3 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the department of building safety, the building official shall issue a certificate of occupancy that shall contain the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. The name of the building official. 7. The edition of the code under which the permit was issued. 8. The use and occupancy, in accordance with the provisions of Chapter 3. 9. The type of construction as defined in Chapter 6. 10. The design occupant load. 11. If an automatic sprinkler system is provided, whether the sprinkler system is required. 12. Any special stipulations and conditions of the building permit. 110.4 Temporary occupancy. The building official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the temporary certificate of occupancy is valid. 110.5 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. Section 111. Service Utilities 111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 111.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 111.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. Section 112. Board of Appeals 112.1 Appointment. There is hereby established a board to be called the construction board of adjustment and appeals which shall consist of nine regular members and two alternate members. The board shall be appointed by the applicable governing body. 112.2. Membership. The construction board of adjustment and appeals shall be composed of one general building contractor, one mechanical engineer, one structural engineer, one architect, one person representing the home building industry, one plumbing contractor, one air conditioning contractor, one person representing the property insurance industry and one citizen at large not connected with the construction industry. The two alternate members shall consist of one general building contractor and one person representing the home building industry. A board member shall not act in any case where he has a financial interest. Board members' terms shall expire on December 31. 112.3. Terms. Of the regular members first appointed, three shall be appointed for terms of one year, three shall be appointed for terms of two years and three shall be appointed for terms of three years. The two alternate members shall be appointed for two-year terms. After the initial appointment, members to the board shall be appointed for three-year terms. In no case shall a member serve more than six consecutive years. Continued absence of any member from required meetings of the board shall, at the discretion of the applicable governing body, render any such member subject to immediate removal from office. 112.4. Quorum and voting. Five members of the board shall constitute a quorum. In varying any provision of this code or modifying a decision of the building official, affirmative votes of the majority present, but not less than five affirmative votes, shall be required. In the event that regular members are unable to attend a meeting, the alternate members shall vote. 112.5. Board acting in an advisory capacity. In addition to other duties noted herein, the board shall act as an advisory board on matters of building code requirements, modifications or amendments. The board may hear evidence of any proposals from the building code administrator or other persons and may present opinions of such proposals to the city council for further action. • Section 113. Violations and penalties Any person, firm, corporation or agent who shall violate a provision of the technical codes, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, in violation of a detailed statement or drawing submitted and permitted thereunder, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day during which any violation of any of the provisions of this code is committed or continued, and upon conviction of any such violation such person shall be punished by a fine as provided in section 1-14. Any person found doing work without meeting the licensing, bond and liability insurance requirements set forth in section 105 shall be punished by a fine of not less than $500.00. Section 114. Stop Work Order 114.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the building official is authorized to issue a stop work order. 114.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. 114.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. Section 115. Unsafe Structures 115.1 Unsafe Buildings or Systems. All such unsafe buildings are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the current city dangerous buildings or structures ordinance, codified as Chapter 22, Article VIII, at Sections 22-601 through 22- 608.AIterations, repairs or rehabilitation work shall be subject to the following requirements: (a) Alterations, repairs or rehabilitation work shall not cause an existing building to become unsafe as defined in this section. r, _ • (b) Whenever a building or structure on one side of a party wall or adjacent wall is removed, the remaining party wall or adjacent wall shall be left in a safe, weatherproof condition. Permanent bracing or other repairs shall be provided as necessary whenever, in the opinion of the building official, the stability of the remaining wall is affected. Open beam holes, or other openings between the top wall and roof, shall be closed in such manner as to make the remaining building closed to the effects of weather. All such repairs, stabilizing and/or weatherproofing must be done in a manner approved by the building official, and all work will be done at the expense of the person who removes the building or structure. After repairs are completed and approved, continued maintenance of the remaining wall will become the responsibility of the person who owns the remaining building. (c) Whenever a building or structure is removed, the site shall be left in such condition so as to prevent the accumulation of water that may undermine foundations of adjacent buildings or structures. (d) After a building or structure is removed, the owner of the remaining building must be allowed access to the adjacent property for the purpose of maintenance of the remaining wall." Section 202. Definitions Historic Buildings. Buildings that are listed in in the National Register of Historic Places, or designated as historic under an appropriate state or local law or were constructed prior to 1936. See Section 3406. Section 1612. Flood Loads The applicable provisions of Chapter 54 of the Code of Ordinances shall govern flood loads. SECTION 2. Part II of the Code of Ordinances, at Chapter 22, Buildings and Building Regulations, Article VIII, Dangerous Buildings or Structures, is amended at subsection (j) to read as follows: "(j) If, at the expiration of 30 days from the determination that the building or structure is a dangerous building and the building or structure has not been repaired, vacated or demolished, it shall be demolished or removed at the expense of the city by the city or its contractor, and the expenses shall be assessed on the land on which the building stood or to which it was attached. The materials of such building shall be sold and the net cost of the demolition or removal shall be charged to the owner of the property. If any balance remains, it shall be held for the owner or any other parties entitled thereto. If the cost of the demolition or removal exceeds the value of the materials of such building, such excess shall be assessed against the land and shall be a personal liability and charged against the owner thereof. Such expenses shall be recovered by the city by the means available under the law, including forced sale of the property by the city." SECTION 3. Any other Code referenced within the International Building Code 2000, which has not been adopted by the City of Wichita Falls, shall not be considered as a local ordinance. SECTION 4. It is the intention of the City Council of the City of Wichita Falls, Texas, that the provisions of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or relettered to accomplish such intention. SECTION 5. That all ordinances or parts of ordinances in conflict herewith is hereby repealed. SECTION 6. That should any word, phrase, paragraph, section or portion of this ordinance or the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 7. It is officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 5th day of November 2002. MAYOR ATTEST: City Clerk Affidavit of Publication ORDINANCE NO.90-2002 THE STATE OF TEXAS #1599923 ORDINANCE AMEND- ING APPENDIX B,ZON- COUNTY OF WICHITA ING ORDINANCE,OF THE CODE OF ORDI- NANCES AT CHAPTER 31 ,SUBCHAPTER 3130, BY ADDING DAY CARE On this 27th day of November, 2002 AD... CENTER,COMR- CAL TOT E LI TEOF Personally appeared before me, the undersigned authority CONDITIONAL USES IN THE SINGLE FAMILY-1 Kathy Salan bookkeeper for the Times Publishing Company AND SINGLE FAMILY-2 DISTRICT; of Wichita Falls, publishers of the Wichita Falls ORDINANCE NO.91-2002 ORDINANCE OF THE Times/Record News, a newspaper published at CITY COUNCIL A CITY OF WICHITA Wichita Falls in Wichita County, Texas, and upon being FALLS TEXAS, ' HI T TA AMENDING CHAPTER duly sworn by me, on oath states that the attached 22, BUILDINGS AND BUILDING REGULA- advertisement is a true and correct copy of advertising E ARTICLE III. ELECTRICITY, published in One (1) issues thereof on the following LECT SION 4. ELECTRICAL dates: STANDARDS,SECTION 22-401. NATIONAL ELECTRICAL CODE; ORDIINANCE OF 3THE November 24, 2002 CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER a iCd7 •'�'^-- 58,ARTICLE IV OF THE CODE OF ORDINANCES BY THE ADDITION OF SECTION 58-111,SMOK- ING IN MPEC FACILI- TIES PROHIBITED; Bookkeeper for Times Publishing Company of Wichita Falls ORDINANCE NO.94-2002 ORDINANCE OF THE° CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING PART 110F Subscribed and sworn to before me this the day and year THE CODE OF ORDI- NANCES AT CHAPTER first above written: 22, BUILDINGS AND BUILDING REGULA- TIONS,AT ARTICLE II, BUILDING CODES; AND AT ARTICLE VIII, DANGEROUS BUILD- INGS OR !. STRUCTURES; Cid2;Y PROVIDING �IJ PROVDING A RE-, ; PEALER CLAUSE; '.. PROVIDING FOR IN- CLUSION IN THE CODE. 'Is',.,. i Of ©,41,/, o, •• • •.��p�Y P�;ri • T. RS.OFj • • ......... .