Ord 28-2025 Creation and Designation of NEZ in the Heart of the Falls NRA 06/03/2025 Ordinance No. 28-2025
Ordinance designating and creating a Neighborhood Empowerment
Zone (NEZ), located in the Heart of the Falls Neighborhood
Revitalization Area, and directing staff to implement incentives,
strategies, property maintenance codes, and design guidelines
outlined, as an element to the Heart of the Falls Neighborhood
Revitalization Plan as previously adopted by the City Council
WHEREAS, the staff actively engaged the neighborhood through the aid of
community partners to include the neighborhood's aspirations and goals for the program;
and,
WHEREAS, the City Council established the Central Wichita Falls Revitalization
Area Committee (CWFRAC) to discuss community needs and how to address them
through the researched programs and initiatives; and,
WHEREAS, the City Council on April 15, 2025, adopted the Heart of the Falls
Neighborhood Revitalization Plan (Resolution No. 42-2025) and directed the City staff to
develop approaches to implementing the strategies and programs; and,
WHEREAS, the city staff has reviewed this proposal and recommends approval of
the Neighborhood Empowerment Zone (NEZ); and,
WHEREAS, the City Council on June 3, 2025, adopted an ordinance designating
the boundaries of the Heart of the Falls Neighborhood Revitalization Area as a
Reinvestment Zone; and,
WHEREAS the State of Texas, through the Neighborhood Empowerment Zone
program, as codified in Section 378 of the Texas Local Government Code, has provided
municipalities a framework and authorization to provide certain incentives to both
residential and commercial property owners, with the goal of achieving redevelopment of
targeted areas by creation of a Neighborhood Empowerment Zone; and,
WHEREAS the City of Wichita Falls, pursuant to Section 378.003, makes the
necessary findings that the City and area within the Heart of the Falls NEZ will benefit the
area, and serve the public purpose of increasing public health, safety, and welfare of
persons in the municipality; and,
WHEREAS creation of the zone by the City Council does satisfy the requirements
set forth in Section 378.002; and,
WHEREAS, the City Council also supports the attached guidelines, which set the
general framework for how the NEZ will incentivize development and redevelopment
within the boundary of the Zone.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. That the City Council hereby designates the area described in the attached
boundary description and attached map "Exhibit A" as the Heart of the Falls
Neighborhood Empowerment Zone.
2. The City Council further resolves that the Planning Department will be
responsible for the program, and authorizes that Department to oversee and administer
procedures for implementation of the program.
3. The City Council further resolves that the attached guidelines, "Exhibit B,"
will serve as the framework for the implementation of the program.
PASSED AND APPROVED this the 3rd day of June, 2025.
MAYOR
ATTEST:
City Clerk
Exhibit A
The area for creation and designation of the Heart of the Falls Neighborhood
Empowerment Zone #1 , also known as the Heart of the Falls Revitalization Area, is
bounded by Seymour Highway to the north, Kell Freeway to the south, Brook Avenue to
the east, and Kemp Boulevard to the west.
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Exhibit B
City of Wichita Falls
VA)(C. 414 a Neighborhood Empowerment Zone (NEZ)
TEXAS
Municipal property tax abatements, fee waivers and release of city liens are available to
property owners who build or rehabilitate property within a NEZ. These incentives are
designed to promote affordable housing, economic development and expanded services.
I. GENERAL PURPOSE & PROGRAM GOALS
Chapter 378 of the Texas Local Government Code allows a municipality to create a
Neighborhood Empowerment Zone (NEZ) when a "...municipality determines that the
creation of the zone would promote:
• The creation or rehabilitation of affordable housing, including manufactured housing,
in the zone;
• An increase in economic development;
• Improving the quality of social services, education, and/or public safety provided to the
residents of the NEZ
The City of Wichita Falls, by adopting the following NEZ Tax Abatement Agreement
Policy and Incentives, will promote rehabilitation of single-family homes, multi-family
housing, commercial properties, and economic development in the Neighborhood
Empowerment Zone(NEZ). The City Council may approve additional terms and incentives
as permitted by Chapter 378 of the Texas Local Government Code or by City Council
resolution. However, any tax abatement agreement awarded before the NEZ expires shall
carry its full term according to its tax abatement agreement approved by the City Council.
The property tax abatement agreement under this policy applies to real property owners.
All applications shall undergo administrative review, and approval will be granted by the
City Council.
The life of the NEZ shall be a length of ten (10) years. Upon the end of the ten (10) years,
the life of the NEZ can be extended with approval from the City Council.
II. INCENTIVES
For NEZ applicants, the following fee waivers, including, but not limited to, are reviewed
and may be granted on a case-by-case basis.
1. Building Permit fees
2. Plan Review fees
3. Plumbing Permit fees
4. Electrical Permit fees
5. Mechanical Permit fees
1 I 9
6. Fire Permit fees
7. Sprinkler System Permit fees
8. Demolition fees
9. Landfill fees
10. City Platting Fees
11. Lien Release Program
In order to render properties in the Neighborhood Empowerment Zone more
marketable, the Lien Release Program affords property owners a release of liens
attached to properties as a result of demolitions or expenditures associated with cutting
high grass. The release of such liens would only be allowed in conjunction with new
construction or renovation of eligible facilities within the target area where the
proposed improvement amount will be greater than the lien amount plus interest.
To apply for the Lien Release Program a meeting with the Property Administrator will
be required to discuss the lien release process, scope of the project, and determine
eligibility, after which time Property Management staff will provide;
a. The lien amount and approximate interest that shall be incurred depending on
project completion date; and
b. A Development Agreement will be required, along with documentation of
expenses (e.g., receipts or other proof of expenditures).
12. Municipal Property Tax Abatement Agreement
a. The final valuation determined by the Wichita Appraisal District will be used to
determine the value eligible for tax abatement exemption January 1st of each year.
b. The tax abatement shall be granted only to the property owner.
c. No tax abatement exemption shall be effective until the applicant has met all of
the eligibility requirements contained in the guidelines and policies, state law, and
City of Wichita Falls codes.
d. All tax abatement agreements will be effective January 1st following completion
of work.
e. There shall be no retroactive tax abatement exemptions all tax abatement
exemptions become effective January 1st after the date City Council approves the
tax abatement agreement.
f. The applicant shall agree to hold the City of Wichita Falls, its agents, employees,
and public officials harmless and pay all attorney's fees that are generated by any
dispute regarding the tax abatement agreement.
g. Only real property, not personal, identified before the period covered by the
abatement agreement will not be eligible for abatement.
h. Annual application with the Wichita Appraisal District is required.
III. TAX ABATED PROPERTIES
Eligible property owners inside of the NEZ can apply for 100% Abatement of City Ad
Valorem taxes up to 5 years and a percentage up to 10 years on value attributed to the
improvement on the property for residential, multi-family and commercial structures.
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All property values in the Neighborhood Empowerment Zone will be based on values
assessed by the Wichita Appraisal District.
Tax abatements will be effective January 1st after a Certificate of Occupancy (for new
construction) or the final inspection has been passed by the Building Inspections
Department of the City of Wichita Falls for the project.
1. 100% Abatement of City Ad Valorem taxes up to 5 years on the increased property
value to the eligible improvements.
A property owner shall be eligible to apply for a 5-year tax abatement by meeting the
following:
a. Property is constructed or rehabilitated after NEZ designation and City Council
approval of the tax abatement;
b. Property owner must perform Eligible Rehabilitation on the property after NEZ
designation equal to a minimum 10% of the Base Value of the property, before
rehabilitation; and
c. Property is not in a tax-delinquent status when the abatement application is
submitted; and
d. Property is in conformance with the City of Wichita Falls Zoning Ordinance.
2. Abatement of City Ad Valorem taxes up to 10 years
A property owner shall be eligible to apply for a 10-year tax abatement by meeting the
following:
a. Property is constructed or rehabilitated after NEZ designation and City Council
approval of the tax abatement;
b. Property owner must perform Eligible Rehabilitation on the property after NEZ
designation equal to a minimum of 51% of the Base Value of the property before
rehabilitation; and
c. Property is not in a tax-delinquent status when the abatement application is
submitted; and
d. Property is in conformance with the City of Wichita Falls Zoning Ordinance.
Years 1-5 Year 6 Years 7-8 Years 9-10
100% 75% 50% 25%
IV. CRITERIA
1. Eligible Projects
a. Windows
b. Roofs
c. Siding
d. Additions
e. Plumbing (sewer)
f. Electrical
g. Mechanical (HVAC)
h. Foundation Repairs
i. Insulation
j. Gutters
k. Driveways and/or sidewalks
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1. Any repairs/upgrades to facades visible from the right-of-way(i.e. doors, shutters,
and/or porch improvements)
m. Landscaping:
i. Removal or trimming of trees currently causing structural foundations and or
facades issues.
n. Exterior Painting (when included with any eligible item listed above)
o. Signage (commercial)
p. Parking Lots (commercial)
2. Eligibility Criteria
a. The property/project must be located within the NEZ.
b. The Owner/developer must submit a completed NEZ application to the City prior
to beginning work.
c. The Owner/developer must not be delinquent in paying property taxes for any
property they own.
d. The Owner/developer must not have any active City liens filed against any
property owned by them outside of the NEZ.
e. The Owner/developer must not have any active City tickets or warrants
outstanding for properties outside of the NEZ.
3. Ineligible Projects
a. Sexually oriented businesses
b. Slot Machine Businesses
e. Stand-alone bars or liquor stores
d. Non-residential mobile structures
e. Tobacco Sales Businesses
f. Smoke:iVape/Hemp Businesses
V. DES ICN ( UIDELINl S
All proposed projects must follow the Neighborhood Empowerment Zone (NEZ) Design
Guidelines and continue to meet the Neighborhood Revitalization Property Maintenance
Code.
1. All applications for NEZ incentives must meet the following design requirements for
certification.
a. No metal buildings except for industrial projects.
b. Attached garages for new single-family homes may not extend more than 4 feet
past the front building wall.
VI. PROCEDURAL STEPS
1. Application Submission
a. The applicant applying for any NEZ incentives must complete and submit a City
of Wichita Falls "Application for NEZ Incentives"to the Development Services
Department. The application review,evaluation,and approval will be governed by
the City of Wichita Falls Central Neighborhood Empowerment Zone Basic
Incentives and Tax Abatement Policy for qualifying Development.Projects.
Page 419
b. All NEZ certifications for incentives expire after one (1) year and are project and
owner-specific. Minor modifications to an existing certification may be made with
correct documentation. Minor modifications will not change or extend the original
certification date. New or additional projects at the same address or in the same
development will require a new application for project certification.
c. City Council may change NEZ boundaries or terminate NEZ areas. Projects that
have been certified eligible for basic incentives will maintain eligibility for the
original 5 years from the certification date. The certification date will not be
modified or extended.
2. Certifications for Applications
A. In order for a property owner/developer to be eligible to apply for any NEZ
incentives for a Project,the property owner/developer:
a. Must submit a complete application to the City with all required documentation;
b. Must not be delinquent in paying property taxes for any property owned by the
owner/developer or applicant;
c. Must not be responsible for City of Wichita Falls liens on other properties located
outside of the NEZ boundaries;
d. Must not have any City liens filed against any property owned by the applicant or
property owner/developer, located outside of the NEZ boundaries. "Liens"
includes but is not limited to,weed liens, demolition liens,board-up/open structure
liens and paving liens;
e. Must not have been subject to a City Council's Order of Demolition where the
property was demolished within the last five (5)years;
f. Must not have a building permit issued with the City for a project listed on the
NEZ application, at the address located inside the NEZ boundaries; and
g. Must apply for NEZ incentives before any improvements are made to the project
property.
B. The Neighborhood Services Department will review all NEZ applications for
accuracy and completeness. A complete application must include:
a. Proof that the Project is located in a NEZ;
b. A completed NEZ application;
c. Attachment of all items on the NEZ Application Submittal Requirement Checklist;
and
d. Compliance with the design guidelines under Section V.
Once the Neighborhood Services Department determines that the application is complete,
the Neighborhood Services Department will certify the property owner/developer's
eligibility to receive basic incentives and/or tax abatement based on the criteria set forth in
this policy. Ineligible applications will be denied. Once an applicant's project is certified,
the Neighborhood Services Department will inform the appropriate departments
administering the incentives.
Page 519
Approval of the application and Project certification shall not be deemed to be approval of
any aspect of the Project. Before construction, the applicant must ensure the project is in
the correct zoning district.
VII. WAIVER OF FEES
Permit fees and liens are eligible to be waived upon approval of an NEZ application. Liens
and associated permit fees shall be waived throughout the development process as
requested.
VIII. TAX ABATEMENT GUIDELINES
A tax abatement shall not be granted for any development project in which a building
permit application, excluding grading and/or demolition, has been filed with the
Development Services Department. In addition, the City will not abate taxes on the value
of real property for any period of time prior to the year of execution of a Tax Abatement
Agreement with the City.
1. If a project is not completed as specified or if the terms of the abatement agreement are
not met, the City of Wichita Falls has the right to cancel or amend the abatement
agreement. All previously waived fees and abated taxes shall become due to the City
of Wichita Falls, and liens may be reattached.
2. No incentive rights or abatement agreements may be sold or assigned without the
approval of the City Council. Any sale, assignment or lease of the property may result
in execution of the recapture provision, as outlined above.
3. Tax Abatement Agreement for rehabilitation will not take effect until January 1st after
the project is complete, as per the information submitted on the application.
Construction must be completed, and a certificate of occupancy must be issued for the
property.
4. In order to be eligible to apply for a tax abatement,the property owner/developer must:
a. Not be delinquent in paying property taxes for any property owned by the
owner/developer and;
b. Not have any City of Wichita Falls liens filed against any property owned by the
applicant property owner/developer outside of the NEZ boundaries. "Liens"
include, but are not limited to, weed liens, demolition liens, board-up/open
structure liens and paving liens.
c. Not be delinquent in any outstanding tickets,fines or warrants owed to the City of
Wichita Falls.
5. Projects to be constructed on property to be purchased under a contract for deed are not
eligible for tax abatement agreements.
6. Once a property owner in the NEZ has an application for an abatement agreement
approval and has satisfied the development criteria set forth, the tax abatement
agreement with the City of Wichita Falls will begin on following January 1st after
project completion. The tax abatement agreement shall automatically terminate if the
property subject to the tax abatement agreement is in violation of the City of Wichita
Page 619
Falls' Building Code, or Zoning Ordinances. The Wichita Appraisal District will be
notified of non-compliance for the tax abatement agreement.
7. A tax abatement agreement granted under the criteria set forth can only be granted once
for a property in a NEZ for a maximum term of as specified in the agreement. If a
property on which tax is being abated is sold,the City of Wichita Falls may assign the
tax abatement agreement for the remaining term once the new owner submits an
application so long as the new owner complies with all of the terms of the tax abatement
agreement. A property owner/developer of a multifamily development, commercial,
industrial, community facilities and mixed-use development project in the NEZ who
desires a tax abatement agreement must:
a. Satisfy the criteria set forth, as applicable, and
b. File an application with the Development Services Department, as applicable; and
c. The property owner must enter into a tax abatement agreement with the City of
Wichita Falls. In addition to the other terms of the agreement, the tax abatement
agreement shall provide that the agreement shall automatically terminate if the
owner receives one conviction of a violation of the City of Wichita Falls' Building
Code regarding the property subject to the abatement agreement during the term of
the tax abatement agreement; and
d. If a property in the NEZ on which tax is being abated is sold, the new owner may
enter into a tax abatement agreement on the property for the remaining term.
8. If the terms of the tax abatement agreement are not met,the City Council has the right
to cancel or amend the abatement agreement. In the event of cancellation,the recapture
of all property tax revenue lost.
9. The terms of the agreement shall include the City of Wichita Falls' right to: (1)review
and verify the applicant's property ownership (2) conduct an on-site inspection of the
project in each year during the life of the abatement agreement to verify compliance
with the terms of the tax abatement agreement (3) deny any project in conflict of City
of Wichita Falls zoning ordinance. Upon review and/or onsite inspection, the City of
Wichita Falls will immediately terminate the agreement if the Project contains any
business ineligible for NEZ incentives.
10. Upon completion of construction of the facilities,the City of Wichita Falls shall no less
than annually evaluate each project receiving abatement to insure compliance with the
terms of the agreement. Any incidents of non-compliance will be reported to the City
Council. On or before February 1st of every year during the life of the agreement, any
individual or entity receiving a tax abatement from the City of Wichita Falls must
provide information and documentation which details the property owner's compliance
with the terms of the respective agreement and shall certify that the owner is in
compliance with each applicable term of the agreement. Failure to report this
information and to provide the required certification by the above deadline shall result
in cancellation of agreement and any taxes abated in the prior year being due and
payable.
11. If a property in the NEZ on which tax is being abated is sold,the new owner may enter
into a tax abatement agreement on the property for the remaining term, as long as the
Page 719
use of the premises does not change or violate the businesses that are not allowed by
the NEZ. Any sale, assignment or lease of the property which is not permitted in the
tax abatement agreement results in automatic cancellation of the agreement and
recapture of any taxes abated after the date on which an unspecified assignment
occurred.
IX. TAX ABATEMENT APPLICATION PROCESS
1. Apply with the City of Wichita Falls for participation.
2. The property owner and the City of Wichita Falls will sign an abatement agreement
that will be effective on January 1st after eligible work has been completed. An
abatement agreement must be in place before the work begins.
3. City Council approves agreement.
4. Work completed on the property located inside the Neighborhood Revitalization Zone
(NEZ).
5. Property owner will file annual abatement exemption application with the Wichita
Appraisal District by April 30th of each year.
6. the Wichita Appraisal District will request compliance with the agreement for the City
of Wichita Falls each year of the abatement agreement.
7. If the property is in compliance and application is complete the tax abatement will be
applied.
X. DENIED APPLICATIONS
1. NEZ applications will be denied 30 days after the date of submission if all required or
additionally requested documentation is not received by the City of Wichita Falls.
2. The applicant will have 90 days after the date of denial to resubmit the NEZ application
to the City of Wichita Falls.
3. Appeals for denied applications will be presented to the Wichita Falls Neighborhood
Revitalization Committee or future Committee created and intrusted by the City
Council to hear appeals.
Definitions
"Abatement or Tax Abatement" means a temporary partial exemption from City of Wichita Falls
ad valorem taxes on eligible real property located in a NEZ for a specified period on the difference
between;the amount of increase in the appraised value (as reflected on the certified tax roll of the
Wichita Appraisal District) resulting from improvements included in the tax abatement agreement
and begun after the execution of a written Tax Abatement Agreement; and the appraised value of
such real estate prior to execution of a written Tax Abatement Agreement (as reflected on the most
recent certified tax roll of the Wichita Appraisal District for January 1, prior to the date on which
the Tax Abatement Agreement was executed).
"Base Value" is the value of the real property, excluding land, as determined by the Wichita
Appraisal District, as of January 1 prior to the effective date of the abatement agreement.
"Building Code"the Wichita Falls City Code adopted code pursuant to the International Building
Code.
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"City of Wichita Falls Tax Abatement Policy Statement" means the policy adopted by the Wichita
Falls City Council.
"Commercial Development Project" is a development project which proposes to construct or
rehabilitate commercial facilities on property that is (or meets the requirements to be) zoned
commercial, or mixed use as defined by the City of Wichita Falls Zoning Ordinance. The building
must be enclosed with walls, roof, windows, and stubouts.
"Eligible Rehabilitation" includes only physical improvements to real property. Eligible
Rehabilitation does NOT include personal property (such as furniture, appliances, equipment,
and/or supplies).
"k ixecl-t se Development Project" is a development project which proposes to construct or
rehabilitate mixed-use facilities in which residential uses constitute 20 percent or more of the total
gross floor area, and office,eating and entertainment, and/or retail sales and service uses constitute
10 percent or more of the total gross floor area and is on property that is (or meets the requirements
to be)zoned mixed-use as described by the City of Wichita Falls Zoning Ordinance.
"Multi family Development Project" is a development project which proposes to construct or
rehabilitate mufti-family residential living units on property that is (or meets the requirements to
be)zoned multifamily or mixed use as defined by the City of Wichita Falls Zoning Ordinance.
"Neighborhood Empowerment Zone (NEZ)" is a municipality-created area that aims to improve
neighborhood conditions by encouraging investment in housing, businesses, and services. NEZs
are authorized by Chapter 378 of the Texas Local Government Code.
"New Construction" is a newly constructed improvement requiring a permanent foundation. This
excludes accessory structures such as sheds and incidental out buildings.
"Primary Residence" is the residence that has a Homestead Exemption on file with Wichita
Appraisal District.
"Project" means a "Residential Project, " "Commercial Development Project, " "Community
Facility Development Project," `Mixed-Use Development Project, " or a `Multifamily
Development Project. "
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Exhibit C
gi‘) Central Wichita Falls NEZ Design Guidelines
Introduction
Neighborhood Empowerment Zone(NEZ)Design Guidelines are an important tool for revitalizing
and improving neighborhoods. In addition to the City's use of NEZ Design Guidelines to determine
whether NEZ incentives will be awarded to projects,the guidelines are intended to be a resource for
NEZ applicants, designers, architects, and City design reviewers.
These Guidelines are not intended to be a design instruction manual. Each new development project
seeking NEZ benefits should have competent designers who are well-versed in such matters. This
document is intended to address specific neighborhood concerns, provide clear guidance on desired
design features of new development, and lay the groundwork for positive communication regarding
applications.
Properly applied,the Central Wichita Falls Neighborhood Revitalization NEZ Design Guidelines
will guide and inspire each applicant to embrace neighborhood compatibility as a positive
contribution to community revitalization. Adherence to the principles embodied in the NEZ Design
Guidelines will improve outcomes while also enhancing each individual development project.
Why NEZ Strategic Plan Design Guidelines?
NEZ Design Guidelines are created to help conserve the original neighborhoods most valuable design
characteristics while facilitating new development that supports and improves the existing
neighborhood.
The Central Wichita. Falls Neighborhood Revitalization NEZ, Strategic Plan Design Guidelines
are based on the following neighborhood design principles:
• The neighborhood is a unique area with its own personality and borders. It can be likened to an
open-air space where the community thrives. It encompasses the streets, trees, setbacks, and overall
street layout, as well as the distinctive architectural features of the original buildings that give it its
identity. This includes the arrangement of driveways, sidewalks, garages, porches, building styles,
architectural details,and green spaces.
• Buildings are the primary elements in the neighborhood, playing a crucial role in shaping its
identity. When original structures set the neighborhood's character, new constructions and
extensions should complement and reinforce that character.
• The neighborhood's architectural identity is shaped by the diversity of its buildings. Despite the
varied architectural styles, a common identity emerges through shared patterns among the most
exemplary structures. These patterns manifest in similarities in mass, scale, complexity of form,
and how buildings relate to the street and each other. The essence of the neighborhood is
encapsulated by the original buildings that established these patterns, highlighting the importance
of consistent elements in defining the character of an area.
• Like community elders, the neighborhood's older buildings and formative elements hold great
value for the community. They provide insight into our past, define our roots, and connect us
to our culture, deserving respect and emulation.
NEZ Design Guidelines 1 I P a g e
0) Central Wichita Falls NEZ Design Guidelines
Applying NEZ Strategic Plan Design Guidelines
The chart below identifies key steps in submitting and reviewing an application for NEZ incentives.
To obtain NEZ incentives, each applicant must review the NEZ Strategic Plan Design Guidelines prior
to starting project design and refer to design guidelines during the design process. Submitted projects
are evaluated against the design guidelines to determine if the projects can receive NEZ incentives.
The design guidelines are intended to shape the project design. Early design guidelines review can
reduce the processing time for the NEZ application.
Because NEZ applications require construction-level drawings, it is recommended that applicants
submit schematic designs for preliminary evaluation before submitting a final application. Design
adjustments may arise from the NEZ Design Review, and it is usually more efficient and cost-effective
to incorporate those adjustments during schematic design rather than after construction drawings are
complete.
NEZ Strategic Plan Design Guidelines Flow Chart
STEP 1—Research & Design
Review the NEZ Strategic Plan Design Guidelines before starting project design and refer to the
Design Guidelines during the design process.
STEP 2—Application
Submit a complete NEZ application with required attachments, including a site plan, floor plan, and
elevations of eligible rehab items to Development Services.
STEP 3—NEZ Design Review
Application packets are sent to Planning Department staff to review the project design based on the
NEZ Strategic Plan Design Guidelines. If necessary, changes are recommended to ensure the
consistency of the project with the guidelines.
STEP 4— Staff Recommendations
Planning staff sends public notices to the City Council members and registered neighborhood
STEP 5—Decision
A Designated City staff member decides whether to approve or deny NEZ incentives based on program
requirements, including a design review of eligible rehab items.
NEZ Design Guidelines 2
NSA Central Wichita Falls NEZ Design Guidelines
1. ENERGY EFFICIENCY
Construction of any new structures or rehabilitation of existing structures shall be done in such a
way as to maximize energy efficiency while maintaining the neighborhood's character.
2. SETBACKS
New construction and additions should include front setbacks that are consistent with the neighborhood
pattern.For setback requirements,refer to the City of Wichita Falls Zoning Ordinance.
3. ADDITIONS TO EXISTING STRUCTURES
A. Preservation of the Original Building
a. All character-defining features on exterior facades that are visible from the
public right-of-way (see City Zoning Ordinance Definitions) shall make the best
effort to remain intact.
b. Retain as much of the historic building fabric as possible in the construction of the
addition.
c. Do not partially demolish exterior walls that are visible from the public right-of-way
to accommodate an addition
B. Location&Height
Locate additions as inconspicuously as possible. Consider the effect that the addition will
have on the existing and neighboring buildings. Large additions may be constructed as
separate buildings and connected to the existing building with a linking element such as a
breezeway.
a. Locate all additions toward the rear of the building.
i. Never locate an addition flush with the original front facade or projecting beyond
the original front facade.
ii. Whenever possible, additions shall be located behind the original rear façade of
the original building.
iii. The minimum setback between the original facade and the addition shall
complement the proportion and scale of the original building.
b. Minimize the height of the addition.
i. Design one-story additions to one-story buildings whenever possible.
ii. Roof heights of new additions shall respect adjacent properties and conform to
all City of Wichita Falls Zoning and Building codes.
iii. Within a NEZ district, the roof height of the addition shall not be taller than the
tallest contributing building on a similarly sized lot within the district.
iv. Whenever possible, the roof form of the new addition shall not be visible above
the ridgeline of the original roof when the front of the original building is
viewed from the street.
NEZ Design Guidelines 3 P a g e
St) Central Wichita Falls NEZ Design Guidelines
Definitions
This section defines certain terminology used in the design guidelines.
Building Mass & Composition
The manner in which the basic elements and forms of a building are arranged.
Construction Drawings
Construction drawings provide a graphic representation of what is to be built. Construction drawings
should be concise and coordinated to avoid,wherever possible,ambiguity and confusion.
Facade
The faces or elevations of a building acevisible from a public way or space;usually, they are limited to
the front face of a building in an urban environment.
Facia Profiles
The vertical frieze or band under a roof edge,which forms the outer surface of a cornice,is visible to
an observer.
Porte-Cochere
A roofed structure extending from the entrance of a building over an adjacent driveway and sheltering
those getting in or out of vehicles.
Schematic Designs
A rough drawing of a site plan, floor plans, elevations, and often illustrative sketches or computer
renderings.
Setbacks
The required minimum front,side,or rear yard distance between abuilding or structure and the property
line or private street easement line.
Site Plan
A plan showing the location of all the protected trees by size and species that are six inches or greater
on the site, the location of all easements, the location of all proposed buildings, a grading plan, if
applicable, the protected trees desired to be removed,the protected trees that shall remain on the site,
and an accompanying document indicating the reason for the proposed removal of any protected tree,
and if applicable, a description on how the existing healthy protected trees proposed to be retained
will be protected from damage from construction.
NEZ Design Guidelines 4 I P a g e
614 Central Wichita Falls NEZ Design Guidelines
UNDERSTANDING NEIGHBORHOOD PATTERNS
Neighborhood Pattern
These NEZ Strategic Plan Design Guidelines are concerned with conserving and improving upon the
beneficial characteristics of the existing neighborhood buildings. We refer to those characteristics as
patterns. Although each building will have its own unique features,proposed buildings in the NEZ
area must be responsive to the overall neighborhood context. A sudden change in the building and
neighborhood patterns can be visually disruptive and detract from the overall character of the
neighborhood.New development should build on the common rhythms and elements of architectural
expression found in the neighborhood.
Things to look for in identifying and understanding neighborhood patterns:
• The placement and styles of buildings that were part of the formative, original fabric of the
neighborhood.
• The extent to which newer buildings are or are riot compatible with the neighborhood character.
• Additions and new construction that is consistent with the neighborhood character and that of the best
example buildings in the neighborhood,
• The extent to which the neighborhood looks like it is a cohesive and unified whole while exhibiting
architectural diversity and visual interest.
+ The general location of houses on the street and the ways that those houses address the street, including
porches, sidewalks, and landscaping.
• The general height and mass ofthe houses in the neighborhood.
• The extent of consistent neighborhood fabric,based on the original period of the houses and example
residences which define the neighborhood character.
• Parking and garage patterns.
New Construction
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Example Buildings 1 G on ilm ID 5I ae A inici t li_nrra ErlIZ3
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NEZ Design Guidelines 5 1 P a g e
.1411m4 Central Wichita Falls NEZ Design Guidelines
House Patterns
The term"House Patterns"refers to the key architectural elements and design features of the houses
that represent the most positive neighborhood patterns upon which the NEZ Strategic Plan Design
Guidelines are based. It will be important for the design professional as well as the design reviewer to
identify the best example houses in the neighborhood in order to generate a successful design and
perform a meaningful review. Certain houses will stand out from the neighborhood fabric as clearly
inconsistent. They will stand out not just because they are different but because they are more massive,
less respectful of impacts on neighbors, or a markedly inconsistent architectural style. It is important
not to consider"mistakes"from the past as important elements of a neighborhood.
When considering additions to existing buildings — whether houses or commercial structures —
consistency with the existing architecture will be a critical component of compatibility. New additions
should harmonize with their existing buildings and the completed buildings should look like a cohesive
design. Ideally,there should only be subtle evidence that an addition was completed.
Things to look for in identifying and understanding patterns in an existing house:
• The general architectural style.
• The level of complexity of the footprint: are there lots of bays,porches,extensions, and appurtenances,
or is the house plan simple and plain.
• The type,slope,and configuration ofthe existing roof system.
• The size,proportion,and style of openings such as doors,windows,and vents.
• The details of the roof,including overhang dimensions,fascia profiles,trims,and supporting
construction.
• The details of appurtenances such as porches,including post sizes and configuration,railing details,
roof intersections, and decorative components.
• The details and construction of windows and doors,with particular attention to the window casing.
If these houses represent
the neighborhood housing
pattern... ... then this house doesn't
represent the housing pattern
of the neighborhood.
t
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Housing Patter Sample
NEZ Design Guidelines 6 I P a g e
GI) Central Wichita Falls NEZ Design Guidelines
A - Sinale-Familv Buildinas
Single-family buildings can be either"single-family detached"or"single-family attached"buildings(i.e.
townhomes).
Single-Family Detached
+- A single, detached residential dwelling,which
i. - 4- * .
I '
� 0 14 , .> addresses the street with stoop or porch entry.
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Single-Family Attached
A two- or three-story building with three or more�1 � �� attached dwelling units is consolidated into a single
11z��;— __ ;y ®-•' structure with individual unit entrances (i.e.,
x' townhomes). An elevated ground floor for
1,,,,,L1
h D� L�' � residential uses is recommended to increase
LL yo , L 1)L privacy when the building is close to the street.
B—Multifamily Buildings
Multifamily buildings include apartments,condominiums,and urban manor houses.
Manor House
o cil_o A building with two to five attached dwelling
`_- of o° ° o Q o - n o units consolidated in a single structure. Dwelling
uz 1`i,t p o 0 units within a building may be situated either
`" ilti 6 0 i i p wholly or partially over or under other dwelling
p 'INPgz' 0 p units. Manor houses are designed to look like a
large single-family house.
Apartment/Condominium
- A multifamily residential development type
�°�°I nr, l7 -I containing more than five units that often shares a
r--lilkaill-,nqu boar LI liIDo a Q p�lQ �Q C 11P0 common entrance for some or all of the units.
l�/1, 3 a Q - C L 0 ,�u
NEZ Design Guidelines 7 I P a g e
§11) Central Wichita Falls NEZ Design Guidelines
C - Commercial, Institutional, and Mixed-Use Buildinas
A commercial, institutional, or mixed-use building is at least one story in height with direct street
entry. Types can include restaurants, office buildings, or retail. Mixed-use buildings typically
include residential uses, often on upper floors.
Commercial Buildings
A development type designed for commercial
[Z4 �1CC�� - ���— uses. Ground floor spaces are flexible enough to
a � 111 �, f]p - �= --'30L accommodate a variety of non-residential uses.
N. �� ���I _ _ L 0 0,� a ,( Upper stories are used for offices and/or other
111 l 1-ll�' types of compatible non-residential uses.
Institutional Buildings
'-' A development intended to provide public or
privately-owned facilities that serve the public,
r 1 including places for assembly/meeting
:i_
' iti; 2 ' *� l: , facilities (e.g., religious assembly),
_! :i_:i congregate care homes, cultural institutions,
'. T health care facilities, museums, schools,
community centers, and comparable facilities.
Mixed-Use Buildings
TS, - , A development type with ground-floor retail or
ilit Ilil �' -
r',` 1 11-a = -� f ��� restaurant uses and upper-story residential
t r_ ❑ T, , i
'' ®� 'Z t : �1o1 and/or office uses.
6.:, [III_ '`
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p - Industrial Buildings
A one-or two-story building is used for industrial purposes,including warehouses and manufacturing or
assembly facilities.
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11
NEZ Design Guidelines 8 Page
614 Central Wichita Falls NEZ Design Guidelines
aSetbacks and Yards
The character of a neighborhood is shaped by the location of buildings on the lots. A particular
neighborhood may include large lots with buildings located near the center. Another
neighborhood may include narrower lots with homes and front porches near the sidewalk. The
general feel and walkability of the neighborhood are partly determined by how close homes are
to the street and the other buildings.
e) Massing and Roof Form
The term mass refers to the overall appearance of a building and its apparent size and bulk.
Mass includes actual and apparent components. The way the forms are sized directly relates to
the way building elements are emphasized or deemphasized. Voids, or open spaces in the forms, can
change the form's appearance and make the building more interesting and less imposing. Large
houses look smaller when set against a large yard. The space between the houses in a
neighborhood affects the perception of mass as much as the actual size of the building. Buildings
that appear to be too large not only impact the neighborhood in a general way but also can have
direct and significant effects on the immediate neighbors. Roof form refers to the shape of a
roof, which can vary in many ways, including, angle and style. Some common roof types are;
flat, gable, hip, gambrel, and monitor.
eGarages and Driveways
The location of driveways and garages is a defining factor in site accessibility and vehicle vs.
pedestrian focus. New garages and garage additions should be consistent with the best pattern
seen in the neighborhood. This will result in positive relationships between houses and consistent
resulting outdoor spaces. Garage location affects the neighborhood in three ways:
• It determines the location of drives and curb cuts.
• It defines the quality of open space between residences.
• It enhances or impedes residents' ability to see and participate in street and sidewalk
activities. Garage location has a substantial effect in defining not only the neighborhood but also the
character of the individual residences. In general, rear garages offer more positive benefits to the
neighborhood while being more consistent with historical patterns in the neighborhood. They
tend to generate a greater separation between buildings, creating a greater sense of space in the
neighborhood as well as a sense of greater distance between neighboring houses. Rear garages
also improve neighborhood safety and walkability by bringing windows, porches, and doors
closer to the street, making it easier for residents to interact with the neighborhood and view street
activity. By increasing the number of"eyes on the street,"neighborhood safety and security can be
improved.
NEZ Design Guidelines 9 1 P a g e
Central Wichita Falls NEZ Design Guidelines
SRoofs and Windows
Roofs and windows can be some of the most notable and formative elements in defining
neighborhood character.Numerous precedents exist in the neighborhood for variable roof slopes and
forms. Prevalent architectural styles include combinations of sheds and gables, sheds and hips, and
sloping and flat roofs.
Typical windows should be observed and noted to understand and appreciate the neighborhood.
Of interest should be the type of window, the ways in which window units are combined to make
larger openings and the frequency of exceptional windows. Window locations, sizes, and forms
in new development and redevelopment projects should be compatible with the best examples
in the neighborhood to enhance the project's positive impacts on the neighborhood.
4g,
Porches and Entries
Porches and entries help to define the personality of houses and often represent a substantial
physical component of each house. Porches of usable size serve the functional needs of entry and exit,
while also creating an outdoor room in which the realms of public and private can interact in a
friendly and visually appealing way. When actively used,they foster a sense of security by serving as
the eyes of the neighborhood. They also generate a sense that the houses and the neighborhood are
actively engaged. In many cases, they are the places in which we see and communicate with our
neighbors most often.
NEZ Design Guidelines 10 I P a g e
(10114 Central Wichita Falls NEZ Design Guidelines
Appropriate Examples of Massing and Roof Forms
i
These structures are in keeping with the
character of the neighborhood, while
`f •" . . 'fC m',, maintaining the original roof form and scale of
,,,�. �. ��" ' --++ the building.
r
0, §: 3 r oaf F
' { %. - '} ` �,," " i��"r The addition is set back from the front façade
and mirrors the roof form of the original
• -. building.
i.
The addition is set flush with the original
façade and does not destroy or detract from
. � 4 „,i the character-defining features of the original
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Al
building. The materials and windows used are
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in keeping with the original building.
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NEZ Design Guidelines 11 I P a g e
rit) Central Wichita Falls NEZ Design Guidelines
Inappropriate Examples of Massing and Roof Forms
I
The addition is set forward flush with the
front façade, but the three-story scale
P. _1 a -_i overwhelms the original building, and the
roof form and fenestration pattern do not
reflect the character of the original
building.
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The addition's small scale doesn't match
v. k the original building's simple form,
creating visual competition.
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.., r �., ` .;'A6�..;0���il ' 4.1 The addition is set forward flush with the
f 47 � h ,� ; r. a front façade of the original building.
Y e' �"" mil_ ; The flat roof is not compatible with the
-'Ti ^ character of the original building.
= Modern or Contemporary design may be
�a , _ _ appropriate for an addition, provided that
j
iNimmilin it is not visible from the right-of-way.
NEZ Design Guidelines 12 I P a g e
Exhibit D
....�
A)1644
City of Wichita Falls
� Neighborhood Revitalization
41
T E X A S
srr 5k es 4elefrit opportcu mee
Heart of the Falls
Neighborhood Revitalization
PropertyMaintenance Code
City of Wichita Falls
Neighborhood Revitalization
CHAPTER
1 SCOPE AND ADMINISTRATION
About this chapter. Chapter I establishes the limits of applicability of the code and describes how the code is to be applied and enforced.Chapter 1 is in two
ports:Port 1-Scope and Application (Sections 101 and 102)and Part 2-Administration and Enforcement(Sections 103- 111).Section101 identifies
which buildings and structures come under its purview and references other 1-Codes as applicable.
This code is intended to be adopted as a legally enforceable document and it cannot be effective without adequate provisions for its
administration and enforcement.The provisions of Chapter 1 establish the authority and duties of the code official appointed by the authority
having jurisdiction and also establish the rights and privileges of the property owner and building occupants.
Sections 105 and 106 have been extensively reorganized for the 2024 edition.For clarity,the relocation marginal markings have not been
included.For complete information,see the Relocations table in the Preface information of this code.
A QR code is placed at the beginning of any section that has undergone technical revision.To see those revisions,scan the QR code with a smart
device or enter the 7-digit code beneath the QR code at the end of the following URL:qr.iccsofe.org/(see Formatting Changes to the 2024
International Codes for more information).
PART 1 - SCOPE AND APPLICATION
SECTION 101-SCOPE AND GENERAL REQUIREMENTS
101.1 Title. These regulations shall be known as the Property Maintenance Code of Heart of the Falls
Neighborhood Revitalization Area, here in after referred to as "this code."
101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential
structures and all existing premises and constitute minimum requirements and standards for
premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation,
protection from the elements, a reasonable level of safety from fire and other hazards, and for a
reasonable level of sanitary maintenance; the responsibility of owners, an owner's authorized agent,
operators and occupants; the occupancy of existing structures and premises, and for administration,
enforcement and penalties.
101.2.1Appendices. Provisions in the appendices shall not apply unless specifically adopted.
101.3 Purpose. The purpose of this code is to establish minimum requirements to provide a reasonable
level of health, safety, property protection and general welfare insofar as they are affected by the
continued occupancy and maintenance of structures and premises. Existing structures and premises that
do not comply with these provisions shall be altered or repaired to provide a reason-able minimum level
of health, safety and general welfare as required herein.
101.4 Severability. If a section,subsection, sentence,clause or phrase of this code is,for any reason, held
to be unconstitutional,such decision shall not affect the validity of the remaining portions of this code.
SECTION 102-APPLICABILITY
102.1 General. Where there is a conflict between a general requirement and a specific requirement, the
specific requirement shall govern. Where differences occur between provisions of this code and the
referenced standards,the provisions of this code shall apply.Where, in a specific case,different sections
of this code specify different requirements, the most restrictive shall govern.
102.2 Maintenance. Equipment, systems, devices and safeguards required by this code or a previous
regulation or code under which the structure or premises was constructed, altered or repaired shall be
maintained in good working order. An owner, owner's authorized agent, operator or occupant shall not
cause any service, facility, equipment or utility that is required under this section to be removed from,
shut off from or discontinued for any occupied dwelling, except for such temporary interruption as
necessary while repairs or alterations are in progress. The requirements of this code are not intended
to provide the basis for removal or abrogation of fire
protection and safety systems and devices in existing structures. Except as otherwise specified herein,
the owner or the owner's
authorized agent shall be responsible for the maintenance of buildings,structures and premises.
102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of
occupancy, shall be done in accordance with the procedures and provisions of the International Building
Code, International Existing Building Code, International Energy Conservation Code, International Fire
Code, International Fuel Gas Code, International Mechanical Code, International Residential Code,
International Plumbing Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or
set aside any provision of the International Zoning Code.
102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing
remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any
structure that is dangerous, unsafe or insanitary.
102.5 Workmanship. Repairs, maintenance work, alterations or installations that are caused
directly or indirectly by the enforcement of this code shall be executed and installed in a
workmanlike manner and installed in accordance with the manufacturer's instructions.
102.6 Structural analysis. Where structural analysis is used to assess a potentially unsafe structural
condition,the analysis shall be permitted to use nominal strengths, nominal loads, load effects, required
strengths and limit states in accordance with the requirements under which the structure was
constructed or in accordance with any subsequent requirement.
102.7 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or
structures designated as historic buildings where such buildings or structures are judged by the code
official to be safe and in the public interest of health, safety and welfare.
102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those
that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent
of each such reference and as further regulated in Sections 102.8.1and 102.8.2.
Exception: Where enforcement of a code provision would violate the conditions of the listing of the
equipment or appliance,the conditions of the listing shall apply.
102.8.1 Conflicts. Where conflicts occur between provisions of this code and the referenced standards,
the provisions of this code shall apply.
102.8.2 Provisions in referenced codes and standards.Where the extent of the reference to a referenced
code or standard includes subject matter that is within the scope of this code,the provisions of this code,
as applicable, shall take precedence over the provisions in the referenced code or standard.
102.9 Requirements not covered by code. Requirements necessary for the strength, stability or proper
operation of an existing fixture, structure or equipment, or for the public safety, health and general
welfare, not specifically covered by this code, shall be determined by the code official.
102.10 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.
102.11 Other laws.The provisions of this code shall not be deemed to nullify any provisions of local,state
or federal law.
PART 2-ADMINISTRATION AND ENFORCEMENT
SECTION 103-CODE COMPLIANCE AGENCY
103.1Creation of agency. The Code Enforcement Department of the City of Wichita Falls is hereby
established and the official in charge thereof shall be known as the code official. The function of the
agency shall be the enforcement of the provisions of this code.
The Planning Department of the City of Wichita Falls is hereby established with the function of
implementation and administration of the provisions of this code.
103.2 Appointment. The code official shall be appointed by the chief appointing authority of the
jurisdiction.
103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the
concurrence of the appointing authority, the code official shall have the authority to appoint a
deputy code official, other related technical officers, inspectors and other employees. Such
employees shall have powers as delegated by the code official.
SECTION 104-FEES
104.1 Fees. The fees for activities and services performed by the department in carrying out its
responsibilities under this code shall be as established by the applicable governing authority.
104.2 Refunds. The code official is authorized to establish a refund policy.
SECTION 105-DUTIES AND POWERS OF THE CODE OFFICIAL
105.1General. The code official is hereby authorized and directed to enforce the provisions of this code.
105.2 Determination of compliance.The code official shall have the authority to determine compliance
with this code, to render interpretations of this code and to adopt policies and procedures in order
to clarify the application of this code's provisions. Such interpretations, policies and procedures:
1. Shall be in compliance with the intent and purpose of this code.
2. Shall not have the effect of waiving requirements specifically provided for in this code or other
applicable codes and ordinances.
105.2.1 Technical assistance.To determine compliance with this code,the code official is authorized to
require the owner or owner's authorized agent to provide a technical opinion and report.
105.2.1.1Cost.A technical opinion and report shall be provided without charge to the jurisdiction.
105.2.1.2 Preparer qualifications. The technical opinion and report shall be prepared by a qualified
engineer,specialist, laboratory or specialty organization acceptable to the code official.The code official
is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design
professional.
105.2.1.3 Content. The technical opinion and report shall analyze the properties of the design,
operation or use of the building or premises and the facilities and appurtenances situated thereon
to identify and propose necessary recommendations.
105.2.1.4 Test methods. Where there is insufficient evidence of compliance with the provisions of this
code,the code official shall have the authority to require tests as evidence of compliance.Test methods
shall be as specified in this code or by other recognized test standards. In the absence of recognized test
standards, the code official shall approve the testing procedures. Such tests shall be performed by a
party acceptable to the code official.
105.2.2 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 is not specifically prohibited by this code and has been approved.
Exception: Performance-based alternative materials, designs or methods of construction and
equipment complying with the
International Code Council Performance Code.
105.2.2.1 Approval authority. An alternative material, design or method of construction shall be
approved where the code official finds that the proposed alternative is satisfactory and complies
with Sections 105.2.2 through 105.2.2.7, as applicable.
105.2.2.2 Application and disposition. Where required, a request to use an alternative material,
design or method of construction shall be submitted in writing to the code official for approval. Where
the alternative material, design or method of construction is not approved, the code official shall
respond in writing, stating the reasons the alternative was not approved.
105.2.2.3 Compliance with code Intent.An alternative material, design or method of construction shall
comply with the intent of the provisions of this code.
105.2.2.4 Equivalency criteria. An alternative material, design or method of construction shall, for
the purpose intended, be not less than the equivalent of that prescribed in this code with respect to
all of the following, as applicable:
1. Quality.
2. Strength.
3. Effectiveness.
4. Durability.
5. Safety, other than fire safety.
6. Fire safety.
105.2.2.5 Tests. Tests conducted to demonstrate equivalency in support of an alternative material,
design or method of construction application shall be of a scale that is sufficient to predict performance
of the end use configuration. Tests shall be performed by a party acceptable to the code official.
105.2.2.5.1 Fire tests. Tests conducted to demonstrate equivalent fire safety in support of an
alternative material, design or method of construction application shall be of a scale that is sufficient to
predict fire safety performance of the end use configuration. Tests shall be performed by a party
acceptable to the building official.
105.2.2.6 Reports. Supporting documentation,where necessary to assist in the approval of materials
or assemblies not specifically provided for in this code, shall comply with Sections 105.2.2.6.1 and
105.2.2.6.2.
105.2.2.6.1 Evaluation reports. Evaluation reports shall be issued by an approved agency and use of
the evaluation report shall require approval by the code official for the installation. The alternate
material, design or method of construction and product evaluated shall be within the scope of the code
official's recognition of the approved agency. Criteria used for the evaluation shall be identified within
the report and,where required, provided to the code official.
105.2.2.6.2 Other reports. Reports not complying with Section 105.2.2.6.1 shall describe criteria,
including but not limited to any referenced testing or analysis, used to determine compliance with code
intent and justify code equivalence. The report shall be prepared by a qualified engineer, specialist,
laboratory or specialty organization acceptable to the building official.The code official is authorized to
require design submittals to be prepared by, and bear the stamp of, a registered design professional.
105.2.2.7 Peer review. The code official is authorized to require submittal of a peer review report
in con-junction with a request to use an alternative material, design or method of construction,
prepared by a peer reviewer that is approved by the code official.
105.2.3 Modifications. Where there are practical difficulties involved in carrying out the provisions of
this code, the code official shall have the authority to grant modifications for individual cases,
provided that the code official shall first find that special individual reasons make the strict letter of
this code impractical, and that 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 the written request for and action granting modifications shall be
recorded and entered in the files of the department of building safety.
105.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code,
or where the code official has reasonable cause to believe that there exists in a structure or on any
premises a condition that is contrary to or in violation of this code that makes the structure or premises
unsafe, dangerous or hazardous, the code official is authorized to enter the structure or premises at all
reasonable times to inspect or perform the duties imposed by this code. If such structure or premises is
occupied, the code official shall present credentials to the occupant and request entry. If such structure or
premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner's
authorized agent or other person having charge or control of the structure or premises and request entry.
If entry is refused,the code official shall have recourse to every remedy provided by law to secure entry.
105.3.1 Warrant. Where the code official has first obtained a proper inspection warrant or other
remedy provided by law to secure entry, an owner, the owner's authorized agent, occupant or person
having charge,care or control of the structure or premises shall not fail or neglect, after proper a request
is made as herein provided, to permit entry therein by the code official for the purposes of inspection
and examination pursuant to this code.
105.4 Identification. The code official shall carry proper identification when inspecting structures or
premises in the performance of duties under this code.
105.5 Notices and orders. The code official shall issue all necessary notices or orders to ensure
compliance with this code, in accordance with Section 107.
105.6 Official records. The code official shall keep official records as required by Sections 105.6.1
through 105.6.5. Such official records shall be retained for not less than 5 years or for as long as the
building or structure to which such records relate remains in existence, unless otherwise provided by
other regulations.
105.6.1 Approvals. A record of approvals shall be maintained by the code official and shall be available
for public inspection during business hours in accordance with applicable laws.
105.6.2 Inspections. The code official shall have the authority to conduct inspections, or shall 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
code official shall keep a record of each inspection made, including notices and orders issued, showing
the findings and disposition of each.
105.6.3 Code alternatives and modifications. Application for alternative materials, design and
methods of construction and equipment in accordance with Section 105.2.2; modifications in
accordance with Section 105.2.3;and documentation of the final decision of the code official for either
shall be in writing and shall be retained in the official records.
105.6.4 Tests.The code official shall keep a record of tests conducted to comply with Sections 105.2.1.4
and 105.2.2.5.
105.6.5 Fees. The code official shall keep a record of fees collected and refunded in accordance with
Section 104.
105.7 Liability. The code 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 personally liable, either civilly or criminally, and Is hereby relieved from personal liability for
any damage accruing to persons or property as a result of an act or by reason of any act or omission in the
discharge of official duties.
105.7.1 Legal defense.Any suit or criminal complaint instituted against any 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 or other laws or ordinances implemented through the enforcement of this code
shall be defended by the legal representative of the jurisdiction until the final termination of the
proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or
proceeding that is instituted in pursuance of the provisions of this code.
105.8 Approved materials and equipment. Materials, equipment and devices approved by the code
official shall be constructed and installed in accordance with such approval.
105.8.1 Materials and equipment reuse. Materials, equipment and devices shall not be reused
unless such elements are in good working condition and approved.
SECTION 106-MEANS OF APPEALS
106.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the
code official relative to the application and interpretation of this code, there shall be and is hereby
created a board of appeals. The board of appeals shall be appointed by the applicable governing
authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting
its business and shall render all decisions and findings in writingto the appellant with a duplicate copy
to the code official.
106.2 Limitations of authority. An application for appeal shall be based on a claim that the true intent
of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions
of this code do not fully apply or an equivalent or better form of construction is proposed. The board
shall not have authority to waive requirements of this code.
106.3 Qualifications. The board of appeals shall consist of members who are qualified by experience
and training on matter pertaining to the provisions of this code and are not employees of the
jurisdiction.
106.4 Administration.The code official shall take action without delay in accordance with the decision
of the board.
107-VIOLATIONS
107.1 Unlawful acts. It shall be unlawful for a person,firm or corporation to be in conflict with or in
violation of any of the provisions of this code.
107.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with
Section 109.4.
107.3 Prosecution of violation. Any person failing to comply with a notice of violation or order
served in accordance with Section 109.4 shall be deemed guilty of a misdemeanor or civil infraction
as determined by the local municipality, and the violation shall be deemed a strict friability offense. If
the notice of violation is not complied with, the code official shall institute the appropriate
proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal
or termination of the unlawful occupancy of the structure in violation of the provisions of this code
or of the order or direction made pursuant thereto. Any action taken by the authority having
jurisdiction on such premises shall be charged against the real estate upon which the structure is
located and shall be a lien upon such real estate.
107.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply
therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by
state or local laws. Each day that a violation continues after due notice has been served shall be deemed
a separate offense.
107.5 Abatement of violation,the imposition of the penalties herein prescribed shall not preclude
the legal officer of the juris- diction from instituting appropriate action to restrain, correct or abate
a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal
act,conduct, business or utilization of the building,structure or premises.
108-STOP WORK ORDER
108.1 Authority. Where the code official finds any work regulated by this code being performed in a
manner contrary to the provisions of this code or in an unsafe manner, the code official is authorized to
issue a stop work order.
108.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property,
to the owner's authorized agent,or to the person performing 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 is authorized to resume.
108.3 Emergencies. Where an emergency exists,the code official shall not be required to give a written
notice prior to stopping the work.
108.4 Failure to comply. 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 fines established by the authority having jurisdiction.
109-UNSAFE STRUCTURES AND EQUIPMENT
109.1 Unsafe conditions. When a structure or equipment is found by the code official to be unsafe,
or when a structure is found unfit for human occupancy, or is found unlawful,such structure shall be
condemned pursuant to the provisions of this code.
109.1.1 Unsafe structures. An unsafe structure is one that is found to be hazardous to the life,
health, property or safety of the public or the occupants of the structure by not providing minimum
safeguards to protect or warn occupants in the event of fire, or because such structure contains
unsafe equipment or is dangerous.
109.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator,
moving stairway, electrical wiring or device, flammable liquid containers or other equipment on
the premises or within the structure that is in such disrepair or condition that such equipment is a
hazard to life, health, property or safety of the public or occupants of the premises or structure.
109.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever
the code official finds that such structure is unsafe, unlawful or, because of the degree to which the
structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and
contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential
equipment required by this code, or because the location of the structure constitutes a hazard to the
occupants of the structure or to the public.
109.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by
more persons than permit-ted under this code,or was erected, altered or occupied contrary to law.
109.1.5 Hazardous structure or premises. For the purpose of this code, any structure or premises that
has any or all of the conditions or defects described as follows shall be considered to be hazardous:
1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to
the approved building or fire code of the jurisdiction as related to the requirements for existing
buildings.
2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so
warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of
egress.
3. Any building, structure or portion thereof that is dangerous.
4. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy.
5. The building orstructure is neglected, damaged,dilapidated, unsecured or abandoned so as
to become an attractive nuisance to children who might play in the building or structure to
their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables
persons to resort to the building or structure for committing a nuisance or an unlawful act.
6. Any building or structure has been constructed, exists or is maintained in violation of any
specific requirement or prohibition applicable to such building or structure provided by the
approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent
as to present either a substantial risk of fire, building collapse or any other threat to life and
safety.
7. A building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement,
inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by
the code official to be unsanitary, unfit for human habitation or in such a condition that is likely
to cause sickness or disease.
8. Any building or structure, because of a lack of sufficient or proper fire-resistance rated
construction, fire protection systems, electrical system, fuel connections, mechanical system,
plumbing system or other cause, is determined by the code official to be a threat to life or
health.
9. Any portion of a building remains on a site after the demolition or destruction of the building
or structure or whenever any building or structure is abandoned so as to constitute such
building or portion thereof as an attractive nuisance or hazard to the public.
109.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and
occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard
of condemnation on the premises and order the structure closed up so as not to be an attractive
nuisance. Upon failure of the owner or owner's authorized agent to close up the premises within the
time specified in the order, the code official shall cause the premises to be closed and secured through
any available public agency or by contract or arrangement by private persons and the cost thereof shall
be charged against the real estate upon which the structure is located and shall be a lien upon such real
estate and shall be collected by any other legal resource.
109.2.1 Authority to disconnect service utilities.The code official shall have the authority to authorize
disconnection of utility service to the building, structure or system regulated by this code and the
referenced codes and standards set forth in Section 102.8 in case of emergency where necessary to
eliminate an immediate hazard to life or property or where such utility connection has been made
without approval. The code official shall notify the serving utility and, whenever possible, the owner or
owner's authorized agent and occupant of the building, structure or service system of the decision to
disconnect prior to taking such action. If not notified prior to disconnection the owner, owner's
authorized agent or occupant of the building structure or service system shall be notified in writing as
soon as practical thereafter.
109.3 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall
state the occupancy of the structure and the nature of the unsafe condition.
109.4 Notice. Whenever the code official determines that there has been a violation of this code or
has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in
Sections 109.4.1 and 109.4.2 to the owner or the owner's authorized agent,for the violation as specified
in this code. Notices for condemnation procedures shall comply with this section.
109.4.1 Form. Such notice shall be in accordance with all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a correction order allowing a reasonable time to make the repairs and
improvements required to bring the dwelling unit or structure into compliance with the
provisions of this code.
5. Inform the property owner or owner's authorized agent of the right to appeal.
6. Include a statement of the right to file a lien in accordance with Section 107.3.
109.4.2 Method of service. Such notice shall be deemed to be properly served where a copy thereof is
served in accordance with one of the following methods:
1. A copy is delivered personally.
2. A copy is sent by certified or registered mail addressed to the owner at the last known
address with the return receipt requested.
3. A copy is delivered in any other manner as prescribed by local law.
If the certified or registered letter is returned showing that the letter was not delivered, a copy
thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
Service of such notice in the foregoing manner upon the owner's agent or upon the person
responsible for the structure shall constitute service of notice upon the owner.
109.5 Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not
be mutilated, destroyed or tampered with, or removed without authorization from the code
official.
109.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who
has received a compliance order or upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions
of the compliance order or notice of violation have been complied with, or until such owner or the
owner's authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of
any compliance order or notice of violation issued by the code official and shall furnish to the code official
a signed and notarized statement from the grantee, transferee, mortgagee or lessee,acknowledging the
receipt of such compliance order or notice of violation and fully accepting the responsibility without
condition for making the corrections or repairs required by such compliance order or notice of
violation.
109.7 Placarding. Upon failure of the owner, owner's authorized agent or person responsible to comply
with the notice provisions within the time given, the code official shall post on the premises or on
defective equipment a placard bearing the word "Condemned" and a statement of the penalties
provided for occupying the premises, operating the equipment or removing the placard. Such notice shall
be posted in a conspicuous place in or about the structure affected by such notice. If the notice pertains
to equipment, it shall be placed on the condemned equipment.
109.7.1 Placard removal. The code official shall remove the condemnation placard whenever the
defect or defects upon which the condemnation and placarding action were based have been
eliminated.Any person who defaces or removes a condemnation placard without the approval of the
code official shall be subject to the penalties provided by this code.
109.8 Prohibited occupancy.Any occupied structure condemned and placarded by the code official shall
be vacated as ordered by the code officio/. Any person who shall occupy a placarded premises or shall
operate placarded equipment, and any owner or owner's authorized agent who shall let anyone occupy
a placarded premises or operate placarded equipment shall be liable for the penalties provided by this
code.
109.9 Restoration or abatement. The structure or equipment determined to be unsafe by the code
official is permitted to be restored to a safe condition. The owner, owner's authorized agent, operator
or occupant of a structure, premises or equipment deemed unsafe by the code official shall abate or
cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or
other approved corrective action. To the extent that repairs, alterations, or additions are made or a
change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions,
or change of occupancy shall comply with the requirements of the International Existing Building Code.
110-EMERGENCY MEASURES
110.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of
failure or collapse of a building or structure that endangers life, or when any structure or part of a
structure has fallen and life is endangered by the occupation of the structure, or when there is actual
or potential danger to the building occupants or those in the proximity of any structure because of
explosives,explosive fumes or vapors or the presence of toxic fumes,gases or materials,or operation
of defective or dangerous equipment,the code official is hereby authorized and empowered to order
and require the occupants to vacate the premises forth- with. The code official shall cause to be
posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and
Its Occupancy Has Been Prohibited by the Code Official." It shall be unlawful for any person to enter such
structure except for the purpose of securing the structure, making the required repairs, removing
the hazardous condition or of demolishing the same.
110.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the
opinion of the code official, there is imminent danger due to an unsafe condition,the code official shall
order the necessary work to be done, including the boarding up of openings,to render such structure
temporarily safe whether or not the legal procedure herein described has been instituted; and shall
cause such other action to be taken as the code official deems necessary to meet such emergency.
110.3 Closing streets. When necessary for public safety, the code official shall temporarily close
structures and close, or order the authority having jurisdiction to close, sidewalks, streets,public ways
and places adjacent to unsafe structures, and prohibit the same from being utilized.
110.4 Emergency repairs. For the purposes of this section, the code official shall employ the
necessary labor and materials to perform the required work as expeditiously as possible.
110.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid
by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the
owner of the premises or owner's authorized agent where the unsafe structure is or was located for the
recovery of such costs.
110.6 Hearing.Any person ordered to take emergency measures shall comply with such order forthwith.
Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing
as described in this code.
111-DEMOLITION
111.1 General. When the code official determines any structure is so old, dilapidated or has become
so out of repair and is dangerous, unsafe, insanitary and otherwise unfit for human habitation or
occupancy the code official can order either of the following:
1. The code official is permitted to authorize the owner or owner's authorized agent to make the
structure safe by repairs in order to make the structure safe and sanitary.Where there has been
a cessation of construction repairs of any structure for a period of more than 2 years the
structure will be ordered demolished and removed.
2. The code official is permitted to order the owner or owner's authorized agent to demolish and
remove any such structure.
111.2 Notices and orders. Notices and orders shall comply with Section 109.4.
111.3 Failure to comply. If the owner of a premises or owner's authorized agent fails to comply with
a demolition order within the time prescribed, the code official shall cause the structure to be
demolished and removed, either through an available public agency or by contract or arrangement with
private persons, and the cost of such demolition and removal shall be charged against the real estate
upon which the structure is located and shall be a lien upon such real estate.
111.4 Salvage materials. Where anystructure has been ordered demolished and removed,the governing
body or other designated officer under said contract or arrangement aforesaid shall have the right to sell
the salvage and valuable materials.The net proceeds of such sale, after deducting the expenses of such
demolition and removal, shall be promptly remitted with a report of such sale or transaction,
including the items of expense and the amounts deducted, for the person who is entitled thereto,subject
to any order of a court. If such a surplus does not remain to be turned over,the report shall so state.
CHAPTER
2 DEFINITIONS
About this chapter: Codes,by their very nature,are technical documents.Every word,term and punctuation mark can add to or change the meaning
of a technical requirement.It is necessary to maintain a consensus on the specific meaning of each term contained in the code.
Chapter 2 performs this function bystating clearly whatspecific terms mean for the purpose of the code.
Section 201-GENERAL
201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code,
have the meanings shown in this chapter.
201.2 Interchangeability. Words stated in the present tense include the future; words stated in the
masculine gender include the feminine and neuter;the singular number includes the plural and the plural,
the singular.
201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the
International Building Code, International Existing Building Code, International Fire Code, International
Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential
Code, International Zoning Code or NFPA 70,such terms shall have the meanings ascribed to them as stated
in those codes.
201.4 Terms not defined. Where terms are not defined through the methods authorized by this section,
such terms shall have ordinarily accepted meanings such as the context implies.
201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming
house," "rooming unit," "housekeeping unit"or"story" are stated in this code,they shall be construed
as though they were followed by the words"or any part thereof."
Section 202-GENERAL DEFINITIONS
ANCHORED. Secured in a manner that provides positive connection.
APPROVED.Acceptable to the code official.
APPROVED AGENCY. An established and recognized organization that is regularly engaged in conducting
tests, furnishing inspection services or furnishing product evaluation or certification where such
organization has been approved by the code official.
BASEMENT.That portion of a building that is partly or completely below grade.
BATHROOM.A room containing plumbing fixtures including a bathtub or shower.
BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or
sleeping unit.
CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or
any duly authorized representative.
CONDEMN.To adjudge unfit for occupancy.
COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the
demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition
or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to
demolition or emergency repairs,such as asbestos survey and abatement if necessary; costs of inspectors,
testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing;
surveys for other materials that are controlled or regulated from being dumped in a landfill;title searches;
mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs
or to obtain or enforce an order of demolition made by a code official, the governing body or board of
appeals.
DANGEROUS.Any building, structure or portion thereof that meets any of the conditions described below
shall be deemed dangerous:
1. The building or structure has collapsed, has partially collapsed, has moved off its foundation or
lacks the necessary support of the ground.
2. There exists a significant risk of collapse, detachment or dislodgment of any portion, member,
appurtenance or ornamentation of the building or structure under permanent, routine or
frequent loads, or under snow, wind, rain, flood, earthquake or other environmental loads
when such loads are imminent.
DETACHED. When a structural element is physically disconnected from another and that connection is
necessary to provide a positive connection.
DETERIORATION.To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons,
including permanent provisions for living, sleeping, eating, cooking and sanitation.
EASEMENT. That portion of land or property reserved for present or future use by a person or agency
other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under,
on or above said lot or lots.
EMERGENCY ESCAPE AND RESCUE OPENING. An operable exterior window, door or other similar device
that provides for a means of escape and access for rescue in the event of an emergency.
EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements,
including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and
operating load between the equipment and the structure.
EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of
owners or operators of such premises.
GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and
consumption of food.
GUARD. A building component or a system of building components located at or near the open sides of
elevated walkingsurfaces that minimizes the possibility of a fall from the walking surface to a lower level.
HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms,
closets, halls,storage or utility spaces, and similar areas are not considered habitable spaces.
HISTORIC BUILDING. Any building or structure that is one or more of the following:
1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of
the National Register of Historic Places, in the National Register of Historic Places.
2. Designated as historic under an applicable state or local law.
3. Certified as a contributing resource within a National Register or state or locally designated historic
district.
HOUSEKEEPING UNIT.A room or group of rooms forming a single habitable space equipped and intended
to be used for living, sleeping, cooking and eating that does not contain, within such a unit, a toilet,
lavatory and bathtub or shower.
IMMINENT DANGER. A condition that could cause serious or life-threatening injury or death at any time.
INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rodents, vermin
or other pests.
INOPERABLE MOTOR VEHICLE.Avehicle that cannot be driven upon the public streets for reason including
but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being
moved under its own power.
LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other
identifying mark of a nation- ally recognized testing laboratory, approved agency or other organization
concerned with product evaluation that maintains periodic inspection of the production of the above-
labeled items and whose labeling indicates either that the equipment, material or product meets
identified standards or has been tested and found suitable for a specified purpose.
LET FOR OCCUPANCY or LET.To permit, provide or offer possession or occupancy of a dwelling, dwelling
unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record
thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or
unrecorded agreement of contract for the sale of land.
NEGLECT.The lack of proper maintenance for a building or structure.
OCCUPANCY.The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT.Any individual livingor sleeping in a building,or having possession of a space within a building.
OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation
and which opens directly to the outdoors.
OPERATOR. Any person who has charge,care or control of a structure or premises that is let or offered for
occupancy.
OWNER. Any person, agent, operator, firm or corporation having legal or equitable interest in the
property; or recorded in the official records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the guardian of the estate of any such
person, and the executor or administrator of the estate of such person if ordered to take possession of
real property bya court.
PEER REVIEW. An independent and objective technical review conducted by an approved third party.
PERSON. An individual, corporation, partnership or any other group acting as a unit.
PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their
harborage places;by removing or making inaccessible materials that serve as their food or water; by other
approved pest elimination methods.
POWER SAFETY COVER. A pool cover that is placed over the water area and is opened and closed with a
motorized mechanism activated by a control switch.
PREMISES. A lot, plot or parcel of land,easement or public way, including any structures thereon.
PUBLIC WAY.Any street,alley or other parcel of land that: is open to the outside air; leads to a street; has
been deeded, dedicated or otherwise permanently appropriated to the public for public use; and has a
clear width and height of not less than 10 feet (3048 mm).
ROOMING HOUSE.A building arranged or occupied for lodging, with or without meals,for compensation
and not occupied as a one- or two-family dwelling.
ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be
occupied for sleeping or living, but not for cooking purposes.
RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the
residue from the burning of wood,coal,coke and other combustible materials, paper, rags,cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter,glass,
crockery and dust and other similar materials.
SAFETY COVER. A structure, fabric or assembly, along with attendant appurtenances and anchoring
mechanisms,that istemporarily placed or installed over an entire pool,spa or hot tub and secured in place
after all bathers are absent from the water.
SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for
living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also
part of a dwelling unit are not sleeping units.
STORM SHELTER. A building, structure or portion thereof, constructed in accordance with ICC 500,
designated for use during hurricanes, tornadoes or other severe windstorms.
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to
prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which
was prohibited, or failed to do an act which the defendant was legally required to do.
STRUCTURE.That which is built or constructed.
TENANT. A person, corporation, partnership or group, whether or not the legal owner of record,
occupying a building or portion thereof as a unit.
TOILET ROOM.A room containing a water closet or urinal but not a bathtub or shower.
ULTIMATE DEFORMATION. The deformation at which failure occurs and that shall be deemed to occur if the
sustainable load reduces to 80 percent or less of the maximum strength.
VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or
removing such air from, any space.
WORKMANLIKE. Executed in a skilled manner; e.g.,generally plumb,level, square, in line, undamaged and
without marring adjacent work.
YARD.An open space on the same lot with a structure.
CHAPTER
3 GENERAL REQUIREMENTS
About this chapter: Chapter 3 is broad in scope and includes a variety of requirements for the maintenance of exterior property areas,as well as the
interior and exterior elements of the structure,that are intended to maintain a minimum level ofsafety and sanitation for both
the general public and the occupants of a structure, and to maintain a building's structural and weather-resistance
performance.Specifically,Chapter 3 contains criteria for the maintenance of building components;vacant structures and land;
the safety,sanitation and appearance of the interior and exterior of structures and all exterior property areas;accessory
structures;extermination of insects and rodents;access barriers to swimming pools,spas and hot tubs;vehicle storage and
owner/occupant responsibilities.
Section 301-GENERAL
301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the
responsibilities of persons for maintenance of structures, equipment and exterior property.
301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property
in compliance with these requirements and the code under which the building was constructed,
except as otherwise provided for in this code. The owner or owner's agent shall be responsible to ensure
that any repairs, additions or alterations to the building or portion thereof are performed or
constructed in accordance with the international Building Code, International Residential Code or
international Existing Building Code. A person shall not occupy as owner-occupant or permit another
person to occupy premises that are not in a sanitary and safe condition and that do not comply with
the requirements of this chapter. Occupants of a dwelling unit, rooming unit or house- keeping unit
are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit,
rooming unit, housekeeping unit or premises they occupy and control.
301.3 Vacant structures and land. Vacant structures and premises thereof or vacant land shall be
maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a
blighting problem or adversely affect the public health or safety.
SECTION 302-EXTERIOR PROPERTY AREAS
302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary
condition. The occupant shall keep that part of the exterior property that such occupant occupies or
controls in a clean and sanitary condition.
302.2 Grading and drainage. Premises shall be graded and maintained to prevent the erosion of soil and
to prevent the accumulation of stagnant water thereon,or within any structure located thereon.
302.3 Exception:Approved retention areas and reservoirs.
302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor,
hot air, grease, smoke, odors or other gaseous or particulate wastes directly on abutting or adjacent
public or private property or that of another tenant.
SECTION 304-EXTERIOR STRUCTURE
304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and
sanitary so as not to pose a threat to the public health,safety or welfare.
304.1.1 Potentially unsafe conditions.The following conditions shall be considered to be potentially
unsafe, shall be assessed and shall be addressed in compliance with the International Existing Building
Code, the International Residential Code or the International Building Code:
1. Structural members have deterioration or distress that appears to reduce their load-carrying
capacity.
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations
has deterioration or distress that appears to reduce its load-carrying capacity.
3. Structures or components thereof have deterioration or distress that appears to reduce their
load-carrying capacity.
4. Siding and masonry joints including joints between the building envelope and the perimeter
of windows, doors and skylights are not maintained, weather resistant or watertight.
5. Foundation systems that are not firmly supported by footings, are not plumb and free from open
cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads
and resisting all load effects.
6. Exterior walls that are not anchored to supporting and supported elements or are not plumb and
free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are
not capable of supporting all nominal loads and resisting all load effects.
7. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate
drainage, or any portion of the roof framing that is not in good repair with signs of deterioration,
fatigue or without proper anchorage and incapable of supporting all nominal loads and
resisting all load effects.
8. Flooring and flooring components with defects that affect serviceability or flooring components
that show signs of deterioration or fatigue, are not properly anchored or are incapable of
supporting all nominal loads and resisting all load effects.
9. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not
properly anchored or that are anchored with connections not capable of supporting all nominal
loads and resisting all load effects.
10. Overhang extensions or projections including, but not limited to, trash chutes, canopies,
marquees, signs, awnings, fire escapes,standpipes and exhaust ducts not properly anchored or
that are anchored with connections not capable of supporting all nominal loads and resisting
all load effects.
11. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto,
including guards and hand- rails, are not structurally sound, not properly anchored or that are
anchored with connections not capable of supporting all nominal loads and resisting all load
effects.
12. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not
properly anchored, or that are anchored with connections not capable of supporting all nominal
loads and resisting all load effects.
Exceptions:
1. Where substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted where approved by the code official.
304.2 Protective treatment. Exterior surfaces, including but not limited to, doors, door and window
frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition.
Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and
decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be
eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building
envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant
and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and
corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and
corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for
stabilization by oxidation are exempt from this requirement.
304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be
plainly legible and visible from the street or road fronting the property. These numbers shall contrast
with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be
not less than 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm).
304.4 Structural members. Structural members shall be maintained free from deterioration, and shall be
capable of safely supporting the imposed dead and live loads.
304.5 Foundation walls. Foundation walls shall be maintained plumb and free from open cracks and
breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
304.6 Exterior walls. Exterior walls shall be free from holes, breaks, and loose or rotting materials;
and maintained weatherproof and properly surface coated where required to prevent deterioration.
304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit
rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion
of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from
obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
304.8 Decorative features. Cornices, belt courses, corbels, terra cotta trim, wall facings and similar
decorative features shall be
maintained in good repair with proper anchorage and in a safe condition.
304.9 Overhang extensions. Overhang extensions including, but not limited to, canopies, marquees,
signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and
be properly anchored so as to be kept in a sound condition.Where required, all exposed surfaces of metal
or wood shall be protected from the elements and against decay or rust by periodic application of
weather-coating materials, such as paint or similar surface treatment.
304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony,
and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with
proper anchorage and capable of supporting the imposed loads.
304.11 Chimneys and towers. Chimneys, cooling towers, smoke stacks, and similar appurtenances shall
be maintained structurally safe and sound, and in good repair. Exposed surfaces of metal or wood shall
be protected from the elements and against decay or rust by periodic application of weather-coating
materials, such as paint or similar surface treatment.
304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of
supporting normally imposed loads and shall be maintained in good condition.
304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in
sound condition, good repair and weathertight.
304.13.1 Glazing. Glazing materials shall be maintained free from cracks and holes.
304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and
capable of being held in position by window hardware.
304.15 Doors. Exterior doors, door assemblies, operator systems if provided, and hardware shall be
maintained in good condition. locks at all entrances to dwelling units and sleeping units shall tightly secure
the door. locks on means of egress doors shall be in accordance with Section 702.3.
304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance
of rodents, rain and surface drainage water.
304.17 Guards for basement windows. Every basement window that is openable shall be supplied
with rodent shields, storm windows or other approved protection against the entry of rodents.
304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping
units shall be provided with devices designed to provide security for the occupants and property within.
SECTION 305-INTERIOR STRUCTURE
305.1 General. The interior of a structure and equipment therein shall be maintained in good repair,
structurally sound and in a sanitary condition. Occupants shall keep that part of the structure that they
occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming
house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more
nonresidential occupancies, shall maintain, in a clean and sanitary condition,the shared or public areas
of the structure and exterior property.
305.1.1 Potentially unsafe conditions. The following conditions shall be considered to be potentially
unsafe, shall be assessed and shall be addressed in compliance with the International Existing Building
Code, the International Residential Code or the International Building Code:
1. Structural members have deterioration or distress that appears to reduce their load-carrying.
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations
has deterioration or distress that appears to reduce its load-carrying capacity.
3. Structures or components thereof have deterioration or distress that appears to reduce their load-
carrying capacity.
4. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not
structurally sound, not properly anchored or are anchored with connections not capable of
supporting all nominal loads and resisting all load effects.
5. Foundation systems that are not firmly supported by footings are not plumb and free from open
cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads
and resisting all load effects.
Exceptions:
1. Where substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted where approved by the code official.
305.2 Structural members. Structural members shall be maintained structurally sound, and be capable
of supporting the imposed loads.
305.3 Interior surfaces. Interior surfaces, including windows and doors, shall be maintained in good, clean
and sanitary condition. Peeling, chipping,flaking or abraded paint shall be repaired, removed or covered.
Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking
surface shall be maintained in sound condition and good repair.
305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of
supporting normally imposed loads and shall be maintained in good condition.
305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of
being opened and closed by being properly and securely attached to jambs, headers or tracks as intended
by the manufacturer of the attachment hardware.
SECTION 306-COMPONENT SERVICEABILITY
306.1 General.The components of a structure and equipment therein shall be maintained in good repair,
structurally sound and in a sanitary condition.
306.1.1 Potentially unsafe conditions. Where any of the following conditions cause the component or
system to be beyond its limit state, the component or system shall be considered to be unsafe and shall
be addressed in compliance with the International Existing Building Code, the International Residential
Code or the International Building Code:
1. Soils that have been subjected to any of the following conditions:
1.1. Collapse of footing or foundation system.
1.2. Damage to footing, foundation, concrete or other structural element due to soil
expansion.
1.3. Adverse effects to the design strength of footing, foundation, concrete or other
structural element due to a chemical reaction from the soil.
1.4. Inadequate soil as determined by a geotechnical investigation.
1.5. Where the allowable bearing capacity of the soil is in doubt.
1.6. Adverse effects to the footing, foundation, concrete or other structural element due to
the ground water table.
2. Concrete that has been subjected to any of the following conditions:
2.1. Deterioration.
2.2. Ultimate deformation.
2.3. Fractures.
2.4. Fissures.
2.5. Spalling.
2.6. Exposed reinforcement.
2.7. Detached, dislodged or failing connections.
3. Aluminum that has been subjected to any of the following conditions:
3.1. Deterioration.
3.2. Corrosion.
3.3. Elastic deformation.
3.4. Ultimate deformation.
3.5. Stress or strain cracks.
3.6. Joint fatigue.
3.7. Detached, dislodged or failing connections.
4. Masonry that has been subjected to any of the following conditions:
4.1. Deterioration.
4.2. Ultimate deformation.
4.3. Fractures in masonry or mortar joints.
4.4. Fissures in masonry or mortar joints.
4.5. Spalling.
4.6. Exposed reinforcement.
4.7. Detached, dislodged or failing connections.
5. Steel that has been subjected to any of the following conditions:
5.1. Deterioration.
5.2. Elastic deformation.
5.3. Ultimate deformation.
5.4. Metal fatigue.
5.5. Detached, dislodged or failing connections.
6. Wood that has been subjected to any of the following conditions:
6.1. Ultimate deformation.
6.2. Deterioration.
6.3. Damage from insects, rodents and other vermin.
6.4. Fire damage beyond charring.
6.5. Significant splits and checks.
6.6. Horizontal shear cracks.
6.7. Vertical shear cracks.
6.8. Inadequate support.
6.9. Detached, dislodged or failing connections.
6.10.Excessive cutting and notching.
Exceptions:
1. Where substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted where approved by the code official.
SECTION 307-HANDRAILS AND GUARDRAILS
307.1 Handrails. Stairs having more than four risers shall have a handrail on one side of the stair.
307.1.1 Height. Handrails shall be not less than 30 inches (762 mm) in height or more than 42 inches
(1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the
landing or walking surfaces.
307.2 Guards. Guards shall be provided along open-sided walking surfaces, including balconies, porches,
decks, stairs, ramps and landings,that are more than 30 inches (762 mm) above the floor or grade below.
Exception: Guards shall not be required where exempted by the adopted building code.
307.2.1 Height. Guards shall be not less than 30 inches (762 mm) high.
SECTION 310-ACCESSIBILITY
310.1 General. A facility that is required to be accessible shall be maintained accessible duringoccupancy
310.1.1 Maintenance. The accessible features of a facility shall be maintained in good repair, in a
clean, structurally sound and sanitary condition, and free from impediments to accessibility.
CHAPTER
4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
About this chapter: Chapter 4 sets forth requirements to establish the minimum environment for occupiable and habitable buildings by
establishing the minimum criteria for light and ventilation and Identifying occupancy limitations including minimum
room width and area,minimum ceiling height and restrictions to prevent overcrowding.
SECTION 401-GENERAL
401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light,
ventilation and space for occupying a structure.
401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and
space conditions in compliance with these requirements. A person shall not occupy as owner-
occupant, or permit another person to occupy, any premises that do not comply with the
requirements of this chapter.
401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial
light or mechanical ventilation complying with the International Building Code shall be permitted.
SECTION 402-LIGHT
402.1 Habitable spaces. Every habitable space shall have not less than one window of approved size facing
directly to the outdoors or to a court.The minimum total glazed area for every habitable space shall be 8
percent of the floor area of such room. Wherever walls or other portions of a structure face a window of
any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a
level above that of the ceiling of the room, such window shall not be deemed to face directly to the
outdoors nor to a court and shall not be included as contributing to the required minimum total window
area for the room.
Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an
adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the
floor area of the interior room or space,or not less than 25 square feet (2.33 m2), whichever is greater.
The exterior glazing area shall be based on the total floor area being
served.
402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other
than in one-and two-family dwellings, shall be lighted at all times with not less than a 60-watt standard
incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination,
provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than
residential occupancies, interior and exterior means of egress, stairways shall be illuminated at all times
the building space served by the means of egress is occupied with not less than 1 footcandle (111ux) at
floors, landings and treads.
402.3 Other spaces. Other spaces shall be provided with natural or artificial light sufficient to permit
the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the
appliances,equipment and fixtures.
SECTION 403-VENTILATION
403.1 Habitable spaces. Every habitable space shall have not less than one openable window. The
total openable area of the window in every room shall be equal to not less than 45 percent of the
minimum glazed area required in Section 402.1.
Exception: Where rooms and spaces without openings to the outdoors are ventilated through an
adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the
floor area of the interior room or space, but not less than 25 square feet {2.33 m2). The ventilation
openings to the outdoors shall be based on a total floor area being ventilated.
403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation
requirements for habitable spaces as required by Section 403.1, except that a window shall not be
required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical
ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be
recirculated.
403.3 Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be
permitted in any rooming unit
or dormitory unit,and a cooking facility or appliance shall not be permitted to be present in the rooming
unit or dormitory unit.
Exceptions:
1. Where specifically approved in writing by the code official.
2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances.
403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists
are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent
at the source. Air shall be exhausted to the exterior and not be recirculated to any space.
403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other
systems and shall be exhausted outside the structure in accordance with the manufacturer's
instructions.
Exception: listed and labeled condensing (ductless) clothes dryers.
CHAPTER
5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
About this chapter. Chapter 5 establishes minimum sanitary and clean conditions in occupied bu'dings by containing requrement;
for the installation, maintenance and location of plumbing systems and facilities, including the water supply
system, water Mating appliances,sewage disposal systems and related plumbing fixtures. Chapter 5 includes
requirements for prov,ding potable water to a building and the basic fixtures to effectively utilize and dispose of
that water.
SECTION 501-GENERAL
501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and
plumbing fixtures to be provided.
501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities
and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-
occupant or permit another person to occupy any structure or premises that does not comply with the
requirements of this chapter.
SECTION 502-REQUIRED FACILITIES
502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water
closet and kitchen sink that shall be maintained in a sanitary, safe working condition. The lavatory
shall be placed in the same room as the water closet or located in close proximity to the door leading
directly into the room in which such water closet is located.A kitchen sink shall not be used as a substitute
for the required lavatory.
502.2 Rooming houses. Not less than one water closet, lavatory and bathtub or shower shall be supplied
for each four rooming units.
SECTION 503-TOILET ROOMS
503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only
passageway to a hall or other space, or to the exterior. A door and interior locking device shall be
provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.
503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or
housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access
from a common hall or passageway.
503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a
smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary
condition.
SECTION 504-PLUMBING SYSTEMS AND FIXTURES
504.1 General. Plumbing fixtures shall be properly installed and maintained in working order, and shall
be kept free from obstructions, leaks and defects and be capable of performing the function for which
such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary and
functional condition.
504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.
504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a
hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross
connection, back siphonage, improper installation, deterioration or damage or for similar reasons, the
code official shall require the defects to be corrected to eliminate the hazard.
SECTION 505-WATER SYSTEM
505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other
plumbing fixture shall be properly connected to either a public water system or to an approved private
water system. Kitchen sinks, lavatories, laundry facilities, bath-tubs and showers shall be supplied with
hot or tempered and cold running water in accordance with the International Plumbing Code.
505.2 Contamination.The water supply shall be maintained free from contamination,and all water inlets
for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets,
janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be
protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose
connection vacuum breaker.
505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to
plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to enable
the fixtures to function properly, safely, and free from defects and leaks.
505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and
capable of providing an adequate amount of water to be drawn at every required sink, lavatory,
bathtub, shower and laundry facility at a temperature not less than 110°F (43"C). A gas-burning water
heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept
closed, unless adequate combustion air is provided.An approved combination temperature and pressure-
relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
SECTION 506-SANITARY DRAINAGE SYSTEM
506.1 General. Plumbing fixtures shall be properly connected to either a public sewer system or to an
approved private sewage disposal system.
506.2 Maintenance. Every plumbing stack, vent,waste and sewer line shall function properly and be kept
free from obstructions, leaks and defects.
SECTION 507-STORM DRAINAGE
507.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the
premises shall not be discharged in a manner that creates a public nuisance.
CHAPTER
6 MECHANICAL AND ELECTRICAL REQUIREMENTS
About this chapter. Chapter 6 establishes minimum performance requirements for heating,electrical and mechanical facilities serving
existing structures,such as heating and air-conditioning equipment,appliances and their supporting systems;water
heating equipment,appliances and systems;cooking equipment and appliances;ventilation and exhaust equipment;
gas and liquid fuel distribution piping and components;fireplaces and solid fuel burning appliances;chimneys and
vents;electrical services;lighting fixtures;electrical receptacle outlets;electrical distribution system equipment,
devices and wiring;and elevators escalators and dumbwaiters.
SECTION 601-GENERAL
601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities
and equipment to be provided.
601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical
facilities and equipment in compliance with these requirements. A person shall not occupy as owner
occupant or permit another person to occupy any premises that does not comply with the requirements
of this chapter.
SECTION 602-HEATING FACILITIES
602.1 Facilities required. Heating facilities shall be provided in structures as required by this section.
602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining
a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the
winter outdoor design temperature for the locality indicated in Appendix D of the International
Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel- burning space
heaters be used, as a means to provide required heating. The installation of one or more portable space
heaters shall not be used to achieve compliance with this section.
Exception: In areas where the average monthly temperature is above 30°F(-1°C), a minimum temperature
of 65°F (18'C) shall be maintained.
602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling
units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof
shall supply heat during the period from Octoberto March,to maintain a minimum temperature of 68°F
(20°C) in all habitable rooms, bathrooms and toilet rooms.
Exceptions:
1. When the outdoor temperature is below the winter outdoor design temperature for the
locality, maintenance of the minimum room temperature shall not be required provided that the
heating system is operating at its full design capacity. The winter outdoor design temperature
for the locality shall be as indicated in Appendix D of the International Plumbing Code.
2. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature
of 65°F (18°C) shall be maintained.
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the
period from October to March,to maintain a minimum temperature of 65°F (18°C) during the period the
spaces are occupied.
Exceptions:
1. Processing,storage and operation areas that require cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.
602.5 Room temperature measurement.The required room temperatures shall be measured 3 feet (914
mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each
exterior wall.
SECTION 603-MECHANICAL EQUIPMENT
603.1 Mechanical equipment and appliances. Mechanical equipment, appliances, fireplaces, solid fuel-
burning appliances, cooking appliances and water heating appliances shall be properly installed and
maintained in a safe working condition, and shall be capable of performing the intended function.
603.2 Removal of combustion products. Fuel-burning equipment and appliances shall be connected to an
approved chimney or vent.
Exception: Fuel-burning equipment and appliances that are labeled for unvented operation.
603.3 Clearances. Required clearances to combustible materials shall be maintained.
603.4 Safety controls. Safety controls for fuel-burning equipment shall be maintained in effective
operation.
603.5 Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the
space containing the fuel-burning equipment shall be provided for the fuel-burning equipment.
603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to
a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom,
shall not be installed unless labeled for such purpose and the installation is specifically approved.
SECTION 604-ELECTRICAL FACILITIES
604.1 Facilities required. Every occupied building shall be provided with an electrical system in
compliance with the requirements of this section and Section 605.
604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the
need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire,
120/240-volt, single-phase electrical service having a minimum rating of 60 amperes.
604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes
a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient
receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar
reasons, the code official shall require the defects to be corrected to eliminate the hazard.
604.3.1 Abatement of electrical hazards associated with water exposure. The provisions of this
section shall govern the repair and replacement of electrical systems and equipment that have been
exposed to water.
604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment,
transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge
protectors, molded case circuit breakers, low-volt- age fuses, luminaires, ballasts, motors and electronic
control, signaling and communication equipment that have been exposed to water shall be replaced in
accordance with the provisions of the International Building Cade.
Exceptions:The following equipment shall be allowed to be repaired where an inspection report from the
equipment manufacturer or approved manufacturer's representative indicates that the equipment has
not sustained damage that requires replacement:
1. Enclosed switches, rated not more than 600 volts or less.
2. Busway, rated not more than 600volts.
3. Panelboards, rated not more than 600 volts.
4. Switchboards, rated not more than 600 volts.
5. Fire pump controllers, rated not more than 600 volts.
6. Manual and magnetic motor controllers.
7. Motor control centers.
8. Alternating current high-voltage circuit breakers.
9. Low-voltage power circuit breakers.
10. Protective relays, meters and current transformers.
11. Low-and medium-voltage switchgear.
12. Liquid-filled transformers.
13. Cast-resin transformers.
14. Wire or cable that is suitable for wet locations and whose ends have not been exposed to water.
15. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not
been exposed to water.
16. Luminaires that are listed as submersible.
17. Motors.
18. Electronic control, signaling and communication equipment.
604.3.2 Abatement of electrical hazards associated with fire exposure. The provisions of this section
shall govern the repair and replacement of electrical systems and equipment that have been exposed to
fire.
604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water
heating, security system and power distribution circuits,that have been exposed to fire,shall be replaced
in accordance with the provisions of the International Building Code.
Exception: Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an
inspection report from the equipment manufacturer or approved manufacturer's representative
indicates that the equipment has not sustained damage that requires replacement.
SECTION 605-ELECTRICAL EQUIPMENT
601.1 Installation. Electrical equipment, wiring and appliances shall be properly installed and
maintained in a safe and approved manner.
602.2 Receptacles. Every habitable space in a dwelling shall contain not less than two separate and
remote receptacle outlets. Every laundry area shall contain not less than one grounding-type receptacle
or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one
receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection.
All receptacle outlets shall have the appropriate faceplate cover for the location.
605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room,
boiler room and furnace room shall contain not less than one electric luminaire. Pool and spa
luminaires over 15 V shall have ground fault circuit interrupter protection.
605.4 Wiring. Flexible cords shall not be used for permanent wiring, or for running through doors,
windows, or cabinets, or concealed within walls, floors, or ceilings.
SECTION 607-DUCT SYSTEMS
607.1 General. Duct systems shall be maintained free of obstructions and shall be capable of
performing the required function.
607.2 Clothes dryer exhaust duct system maintenance. The lint trap, mechanical and heating
components, and the exhaust duct system of a clothes dryer shall undergo periodic removal of
accumulations of lint in accordance with the manufacturer's operating instructions to prevent
obstruction of exhaust air and products of combustion.
8 REFERENCED STANDARDS
About this chapter. This code contains numerous references to standards promulgated by other organizations that are used to provide
requirements for materials and methods of construction. Chapter 8 contains a comprehensive list of all standards
that ore referenced in this code.These standards,in essence,are part of this code to the extent of the reference to the
standard.This chapter lists the standards that are referenced in various sections of this document.The standards are
listed herein by the promulgating agency of the standard,the standard identification,the effective date and title and
the section or sections of this document that reference thestandard.The application of the referenced standards shall
be as specified inSection102.8.
ASME American Society of Mechanical Engineers
Two Park Avenue, New York, NY 10016-5990
ASME A17.1-2022/CSA 844-2022: Safety Code for Elevators and Escalators
606.1
ASME A17.3-2020: Safety Code for Existing Elevators and Escalators
606.3.3
ASTM ASTM International
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959
FI346-1991 (2018): Standard Performance Specification for Safety Covers and Labeling
Requirements for All Covers for Swimming Pools, Spas and Hot Tubs
303.2
ICC International Code Council
500 New Jersey Avenue, NW 6th Floor,Washington, DC 20001
IBC-24: International Building Code•
102.3, 201.3,304.1.1, 305.1.1, 306.1.1,401.3,604.3.1.1, 604.3.2.1, 702.3, 704.4.2
ICC 500-2020: ICC/NSSA Standard for the Design and Construction of Storm Shelters
202, 311.1, 311.2, 311.3
IEBC-24: International Existing Building Code•
102.3, 201.3, 304.1.1, 305.1.1, 306.1.1
IECC-24: International Energy Conservation Code•
102.3
IFC-24: International Fire Code•
102.3, 201.3, 604.3.1.1, 702.1, 702.2, 704.1, 704.1.2, 704.1.3, 704.3, 704.3.1, 704.4.2, 704.4.3, 704.5.1,
704.6.4, 705.1
IFGC-24: International Fuel Gas Code•
102.3, 201.3
IMC-24: International Mechanical Code•
102.3, 201.3
IPC-24: International Plumbing Code•
102.3, 201.3,502.5, 505.1, 505.5.1, 602.2, 602.3
IRC-24:International Residential Code•
102.3, 201.3
IZC-24: International Zoning Code•
102.3, 201.3
ABOARDING STANDARDS
The provisions contained in this appendix are not mandatory unless specifically referenced in the
adopting ordinance.
About this appendix. Appendix A provides minimum specifications for boarding a structure.This can be utilized by a jurisdiction as a set of
minimum requirements in order to result in consistent boarding quality.These requirements also provide o reasonable
means to eliminate having to approve numerous methods or materials for the boarding and securing of a structure.It
is important to note that the provisions of Appendix A ore not mandatory unless specifically referenced in the adopting
ordinance of the authority having jurisdiction.
Code development reminder: Code change proposals to sections in this appendix will be considered by the IPMC Code Development
Committee during the 2025{Group B)Code Development Cycle.
SECTION A101-GENERAL
A101.1 General. Windows and doors shall be boarded in an approved manner to prevent entry by
unauthorized persons and shall be painted to correspond to the color of the existingstructure.
SECTION A102-MATERIALS
A102.1 Boarding sheet material. Boarding sheet material shall be minimum 1/2-inch-thick (12.7 mm)
wood structural panels complying with the International Building Code.
A102.2 Boarding framing material. Boarding framing material shall be minimum nominal 2-inch by 4-inch
(51mm by 102 mm) solid sawn lumber complying with the International Building Code.
A102.3 Boarding fasteners. Boarding fasteners shall be minimum 3/ -inch-diameter (9.5 mm) carriage
bolts of such a length as required to penetrate the assembly and as required to adequately attach the
washers and nuts.Washers and nuts shall comply with the International Building Code.
SECTION A103-INSTALLATION
A103,1 Boarding installation. The boarding installation shall be in accordance with Figures A103.1(1) and
A103.1(2) and Sections A103.2 through A103.5.
FIGURE A1O3.1011—BOARDING OF DOOR OR WINDOW
rr u.avr:.,ii.
Las arut cr asq wend,:o astern frcmme
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- ttr-x+.F.s a.q faxia�'r[m ihp irtenc.
wfn 91'a:
r _"I ''Ai`CD%a/ywnma
a.e•Wong b ss
9p
..,Warde.trarme
canoga bOIS
eons stall oe tbAg enough ea'Weed r"erh fhx
eat..Dywtxd ihrur n lb.nearer;gyxtlotl
nn.rd,oars)Wrens rb'astened r un:re Ira
For SI:1 inch 25.4 mm. .nth a-.Wt
F1GUREA103,1(2}—BOARDING Of DOOR WALL
','COX PLYWOOD OR PERFORMANCE-RATED OSB SHALL BE SECURED
TO HEADER,SSE PLATE.STUDS.STILES,ANL)EDGE BLOCKING US)N'GALTETNAT:E
SCREWS AND NAIL Al A MAXIMUM OF 6"O.C.
i
1
2'x4"HEAD R
II kk•
tip 111
I
i III
ra. ,e H. �'x4"$TILE
111,
:I „DOOR WALL FRAMEI / ►1
c
111
I2'x4'BASE Ll+TE
^..,,
2"x 4`EDGE BLOCKING --
EITHER I IORIZONTALLY OR VERTICALLY
ALONG EDGE UI EACH SHEET OF 2'x 4"STUDS
PLYWOOD OR OSg SPACED 24 ON CENTER
ko 5l:tth-2S1,.
A103.2 Boarding sheet material. The boarding sheet material shall be cut to fit the door or window
opening neatly or shall be cut to provide an equal overlap at the perimeter of the door or window.
A103.3 Windows. The window shall be opened to allow the carriage bolt to pass through or the window
sash shall be removed and stored. The 2-inch by 4-inch (51mm by 102 mm) strong back framing material
shall be cut minimum 2 inches (51mm) wider than the window opening and shall be placed on the inside
of the window opening 6 inches (152 mm) minimum above the bottom and below the top of the window
opening. The framing and boarding shall be predrilled. The assembly shall be aligned and the bolts,
washers and nuts shall be installed and secured.
A103.4 Door walls. The door opening shall be framed with minimum 2-inch by 4-inch (51 mm by 102 mm)
framing material secured at the entire perimeter and vertical members at a maximum of 24 inches (610
mm) on center. Blocking shall also be secured at a maximum of 48 inches (1219 mm) on center vertically.
Boarding sheet material shall be secured with screws and nails alternating every 6 inches (152 mm) on
center.
A103.5 Doors. Doors shall be secured by the same method as for windows or door openings. One door to
the structure shall be avail able for authorized entry and shall be secured and locked in an approved
manner.
SECTION A104-REFERENCED STANDARD
A104.1 Referenced standards. Table A104.l lists the standard that is referenced in various sections of
this appendix. The standard is listed herein by the standard identification,the effective date and title and
the section or sections of this document that reference the standard. The application of the referenced
standards shall be as specified in Section 102.8.
APPENDIX
TABLEA104.1-REFERENCEO STANDARD
STANDARD ACRONYM STANDARD NAME SECTIONS HEREIN REFERENCED
IBC-24 International Building Code A102.1,A102.2,A102.3
B BOARD OF APPEALS
The provisions contained in this appendix are not mandatory unless specifically referenced in the
adopting ordinance.
About this appendix. Appendix B provides criteria for Board of Appeals members.Also provided are procedures by which the Board
of Appeals should conduct its business.
Code development reminder: Code change proposals to this appendix will be considered by the Administrative Code Development Committee during the
2025(Group B)CodeDevelopment Cycle.
B101.1 Scope. The Construction Board of Adjustment is hereby established within the jurisdiction for the
purpose of hearing applications for modification of the requirements of this code pursuant to the
provisions of Section 106 (Means of Appeals).The board shall be established and operated in accordance
with this section, and shall be authorized to hear evidence from appellants and the code official pertaining
to the application and intent of this code for the purpose of issuing orders pursuant to these provisions.
B101.2 Application for appeal.Any person shall have the right to appeal a decision of the code official
to the board. An application for appeal shall be based on a claim that the intent of this code or the rules
legally adopted hereunder have been incorrectly interpreted,the provisions of this code do not fully apply
or an equally good or better form of construction is proposed. The application shall be filed on a form
obtained from the code official within 20 days after the notice was served.
B101.2.1 Limitation of authority. The board shall not have authority to waive requirements of this code
or interpret the administration of this code.
B101.2.2 Stays of enforcement. Appeals of notice and orders, other than Imminent Danger notices,shall
stay the enforcement of the notice and order until the appeal is heard by the board.
Exhibit E
"iC4iteis NEZ Application Submittal Checklist
TEXAS
Revised 05/22/25
This checklist must be initialed and attached to the NEZ application at time of
submittal
Verify the Project Address is in the Neighborhood Empowerment Zone
The above items can be located at (Insert link to Map)
Note to Applicant:
Please be advised that all New Construction must adhere to the NEZ Design Guidelines per the NEZ policy.
For more information on Design Guidelines and Strategic Plans, please visit (Insert link to website).
Applicant
Completed and signed application Initials
*If the property is owned by a business entity or corporation,corporation papers or
operating agreement noting ALL principles, partners and registered agents is required *
Proof of ownership such as:
o A warranty deed
o Purchase agreement signed by both the seller and the buyer
o Affidavit of ownership, probated will or evidence of site control such as option to buy
o A registered Warranty Deed is required for applications that are applying for Tax Abatement.
Line Itemized construction budget for all projects
*If you are doing work to your single-family home yourself you may use the attached budget
form. *If you are a contractor or you are hiring a contractor/contractors, construction manager
or any other type of professional for your project, you must provide the line item budget or
estimate from them.
Plans showing dimensions and square footage of the following:
o Site plan with structure or proposed structure
o Floor plans for each floor with square footage listed(existing and proposed if different)
o Elevations listing materials to be used. (North, South,West and East View for New
Construction)
o Elevations effected by the project are required for Rehabilitations
These plans will be retained by staff and cannot be used for Building Permit submittal*
List of Properties in Tarrant County (By address) owned by all owners/developers
If no additional properties are owned within the Tarrant County,please check here
Incomplete applications will not be processed until all required documentation is received.
�IC)� /1� r/S Application#
4v �`{ T E X A fS! City of Wichita Falls xevseaosizzizs
Neighborhood Empowerment Zone (NEZ) Application for Incentives
Applicant Information
Deeded Property
Owner/Developer
Last First M.I.
Mailing Address:
Street Address City State Zip
Phone: Email:
Contact:
(If different) Last First M.I.
Phone: Email:
Project Information
NEZ certifications are project and owner specific. Please describe your project:
Project Type
❑ ❑ ❑ ❑
Single Family Multi-Family Commercial Mixed-Use
Project Address:
Street Address
Legal Description:
Lot Block Addition
YES NO YES NC)
New Construction/Addition: ❑ ❑ Remodel/Rehab: ❑ ❑
Total New Sq. Ft. Total Development Cost:
For a single family project,will the NEZ certified property be occupied by YES NC)
the property owner as a primary residence? ❑ ❑
If you selected No,please specify if this property will be sold to a homeowner as a primary residence or used as rental
property.
If your project is a Commercial or Mixed Use project,please list all specific uses that are being proposed:
Incentives
YES NO
Do you wish to apply for a Municipal Property Tax abatement for this project? ❑ ❑
If the above answer is yes, please contact the City of Wichita Falls Neighborhood Revitalization Department at(940)761-7451 or
visit wichitafalls.gov for additional information. Tax Abatements are processed after NEZ project certification and must go
before the City Council for a vote.
Applicants requesting tax abatement may not submit_for a building permit until the abatement has been approved by the City
Council and the applicant has signed a contract.
I 1
7A/tC�(l 16 Application#
TEXAS City of Wichita Falls
� Revised 05/22/25
Neighborhood Empowerment Zone (NEZ) Application for Incentives
YES NO
Do you wish to apply for a release of NEZ Property City lien? 111
Weed,Paving,Demolition and Board Up/Open Structure liens may be released for qualifying projects.
For Zoning Office Use Only Do Not Check!
YES
Is the Project Address inside the Neighborhood Empowerment Zone?
111
Will a Zoning Change application be necessary for this project? YES NO
Current Zoning: Proposed Use:
Signature of Zoning Staff: Date:
Acknowled•ements
PLEASE INITIAL NEXT TO EACH STATEMENT
I understand that my application will not be processed if it is incomplete.I agree to provide any additional information
for determining eligibility as requested by the City. If the additional information is not submitted within 30 days, the
application will be denied and application fees paid will not be reimbursed.
I hereby certify that the information provided is true and accurate to the best of my knowledge. If I
have misrepresented the facts in order to circumvent the NEZ policy, I hereby understand that I will be responsible for
repaying the City of Wichita Falls all fees and taxes waived through my NEZ certification and I will no longer be eligible
to apply for any NEZ incentives in the future.
I hereby certify that all documents and information required by the Application Submittal Checklist is attached.
I hereby acknowledge that I have read the NEZ Basic Incentives and Tax Abatement Policy, which governs
the granting of tax abatements, fee waivers and release of City liens, and that any VIOLATION of the terms of the NEZ
Basic Incentives or MISREPRESENTATION shall constitute grounds for rejection of an application or
termination of incentives at the discretion of the City.
I understand that the approval of fee waivers and other incentives shall not be deemed to be approval of any aspect
of the project. I understand that I am responsible for obtaining required permits and inspections from the City and in ensuring
the project is located in the correct zoning district.
I understand that if there are back taxes due or liens against any property I own under any name in the City of
Wichita Falls,I will not be eligible for NEZ incentives.
I hereby certify that the project plans submitted with this application meet the NEZ Design
Guideline requirements. I understand that if the project plans do not meet the design requirements, all permits will
be put on hold pending correction. I understand if I choose to relinquish my NEZ certification instead of meeting
the design requirements, payment for all fees waived by the City up to that point will be due immediately and
the building permit will not be issued until payment is made.
k (1 TEXAS l Application#
City of Wichita Falls Revised 05/22/25
Neighborhood Empowerment Zone (NEZ) Application for Incentives
I understand that if I have submitted an opt out form and have had a building permit issued, I am not eligible to
apply for any incentives from the NEZ program.
Printed Name of Property Signature of Property Date
Owner/Developer Owner/Developer
For more information on the NEZ Program Incentives, please visit our web site at
wichitafalls.gov or contact our office at(940) 761-7451.
For more information on Tax Abatements, see the above website or contact Christal Cates with the
Neighborhood Revitalization Department at(940)761-7451.
NEIGHBORHOOD REVITALIZATION OFFICE USE ONLY
APPLICATION REVIEW
Application Received by: Date of Application
Is the application complete, including any additional documentation? Yes El No
Date of Construction Permit Date of Permit Expiration
Date of Council Action
Date of Project Completion
Did the property owner submit a homestead exemption? Yes pi Date: No Fi
�ic414 a5 NEZ Construction Budget
Texas
Revised 05/22/25
For Single-Family self-constructed projects Only
(All other projects must provide a contractors quote or commercial project line item budge
Project address:
Eligible rehabilitation or new construction costs include only physical improvements to real property.
Real Property Improvements—means a habitable structure as defined by the City of Wichita Falls
Building Code. It does NOT include: personal property such as furniture, appliances, equipment, and/or
supplies. Carports, fences, parking lots, accessory structures such as sheds, incidental out buildings
and garages are only eligible if included in the original new construction project. These items do not
qualify as stand alone projects.
Item description :
(add further description if needed) Price
Demolition:
Roof Repair/Replacement/Installation:
Mechanical(Heating/Air conditioning) :
Electrical :
Plumbing :
Flooring(Carpet,Tile,etc):
Additional Room(s)/Additions—Total additional square feet to be added:
Interior Improvements(Walls, etc) :
Foundation:
Materials :
Exterior(Paint, Siding, Masonry,etc) :
Landscaping:
Other :
If homeowner labor only:total#of hours: x per hour:
Total
I, , hereby certify that the above estimate of costs for the proposed self constructed re-
habilitation or new construction of my single-family project on property located at : is true
and correct. I also attest that if I hire professional contractors at any time during construction, I will provide a copy
of the contractors estimate to update this budget.
Date Owner Signature
TEXASbA ec •
Revised 05/22/25
NEZ Property Ownership List
Please list all properties owned in Wichita Falls City limits by the owner/developer
Address:
Address:
Address:
Address:
Address:
Address:
Address:
Address:
Address:
(PRINTED OR TYPED NAME) (AUTHORIZED SIGNATURE) (DATE)
Exhibit F
TAX ABATEMENT
TIMELINE
STEP 2
City staff will review the
application&certify the
owner/developers eligibility to
receive incentives.
STEP 3
Staff notifies public at least 7
days before a public hearing&
notify other taxing units.
0 STEP 4
A public hearing is held where
the City Council will enter into a
Tax Abatement Agreement
with the owner/developer.
STEP 5
Permits can now be obtained 0
for the Tax Abatement Project
through the City Permitting
Department.
STEP 6
6 Once the Tax Abatement
Project is completed,City Staff
will verifiy completion of the
project.
STEP 7
The Tax Abatement Agreement
is processed by the Wichita
Appraisal District for
abatement.
STEP 8
The Tax Abatement will be
8 effective on January l'of the year
following project completion on
the owner/developers tax
statement
STEP 9
Owner/Developer must file an
annual Abatement Exemption
Application with the Wichita
Appraisal District for the life of
he abatement agreement.