Chapter 1 Scope And Administration is hereby amended:
Section [A] 101.1. Title. These regulations shall be known as the Building Code of the City of Enid, Oklahoma herein after referred to as this code.
Section [A]105.2 Building (2) is omitted.
Section [A]105.8 Contractors Bond Required. It shall be the duty of every contractor to include contractors or builders, who shall make contracts for the erection or construction or repair of buildings for which a permit is required, and every contractor or builder making such contracts and subletting the same or any part thereof, to file with the city a bond in the sum of ten thousand dollars ($10,000.00) executed by a surety company, authorized to do business in the state of Oklahoma, payable to the city, and which shall be conditioned upon compliance by the principal with all ordinances of the city in reference to building regulations and buildings. Said bond shall further save and hold the city harmless from any kind of loss, expense, cost, damage, action, or liability of any kind whatsoever, including reasonable attorney’s fees which the city may suffer or be recovered from the city by reason of any loss, damage, or injuries sustained, performed by the principal or his agents, in the use of the streets, alleys, or public property of the city or by reason of negligence, failure or refusal of the principal or his agents to erect or maintain proper safety devices, warning signals or barricades about such work while it is in the process of construction or repair. The bond shall be approved by the city attorney.
Section [A]109.2 Schedule of Permit Fees. On all buildings, structures or alterations requiring a building permit, as set forth in section 105, the fee shall be paid as required at the time of filing application in the amounts provided for in title 2, chapter 6, article F of the Enid Municipal Code, 2014.
Section [A]109.4.1 Triple Fees. The permit fees are tripled if work is started prior to the issuance of any permit. Existing equipment change outs shall be permitted to start prior to inspection and issuance of permit. The assessment of triple fees shall not prevent further enforcement, such as a suspension or revocation of a license or permit for excessive violations.
Section [A]113 Construction Board of Appeals.
Section [A] 113.1 This board shall hear and decide appeals of orders, decisions or determinations of the building official relative to the application and interpretation of this code.
Section [A]113.3 Appointment. There is hereby established a nine-member board. The board members shall be appointed by the mayor and board of commissioners.
Section [A]113.4 Membership. Such board shall consist of individuals with knowledge and experience in the technical codes, such as design professionals, contractors, and building industry representatives, specifically as follows:
One registered design professional who is a registered architect.
One registered design professional with structural engineering experience, or a building contractor.
One building contractor, or a member from the building industry.
One registered design professional with electrical engineering experience, or a licensed electrical contractor.
One licensed electrical contractor, or a licensed electrical journeyman.
One registered design professional with mechanical experience, or a licensed mechanical contractor.
One licensed mechanical contractor, or a licensed mechanical journeyman.
One registered design professional with plumbing experience, or a licensed plumbing contractor.
One licensed plumbing contractor, or a licensed plumbing journeyman.
Section [A]113.5. Terms. The terms of office of the board members shall be for three years. Members are subject to loss of office due to absences pursuant to Section 1-8-3A and removal for cause by the mayor and board of commissioners consistent with Section 1-8-3B of the Enid Municipal Code, 2014.
Section [A] 113.6 Quorum and Voting.
a. A simple majority of the board shall constitute a quorum.
b. In allowing an exception to any provision of this or other technical codes, the affirmative votes of the majority present shall be required, and not less than three affirmative votes.
c. In modifying a decision of a building official, the affirmative votes of the majority present shall be required, and not less than three affirmative votes.
d. A board member shall not act in a case in which he has a personal or financial interest.
Section [A]113.7 Secretary Of Board. The code official shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote.
Section [A]113.8 Meetings. The board shall meet on call.
Section [A] 113.9 Appeals.
Section [A]113.9.1 Decision of a Building Official. The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of a building official to the construction board of appeals if:
a. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system.
b. The provisions of this code do not apply to this specific case.
c. That an equally good or more desirable form of installation can be employed in any specific case.
d. The true intent and meaning of this code or any of the regulations thereunder have been misconstrued or incorrectly interpreted.
Section [A]113.9.2 Notice. Notice of appeal shall be in writing and filed within ten after the decision is rendered. A fee shall accompany the appeal as provided in Section 2-6F-2 of the Enid Municipal Code, 2014.
Section [A]113.9.3 Hearing on Appeal. The board shall meet within ten calendar days after notice of appeal has been received.
Section [A] 113.9.4 Decision of Board. The board of appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. The ruling shall be in writing and shall include the reasons for the decision. If a decision of the board reverses or modifies an action of a building official, the code administrator shall immediately take action in accordance with such decision. The ruling shall be filed in writing in the code office and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the person who sought the appeal and a copy shall be kept publicly posted in the office of the code administrator for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity.
Section [A] 114.4.1 Violation Penalties. No person shall violate any of the provisions of this chapter or the Code herein adopted. of the publication adopted by or amended in this chapter. A violation shall be punishable by a maximum fine of one hundred dollars, plus costs; unless the person has previously been convicted of a violation of one of the technical codes adopted in this Title, then a violation shall be punishable by a maximum fine of up to five hundred dollars, plus fees.
Chapter 15 Roof Assemblies And Rooftop Structures is hereby amended:
Section 1506.4 Declaration Of Policy on Wood Shingles. The mayor and board of commissioners of the city of Enid has determined that the use of wood shingles upon a building or structure increases the hazard that the flames of a nearby fire may spread to that building or structure. Further, the use of wood shingles may increase insurance rates charged to the owner because of the susceptibility of said shingles to be damaged as a result of hailstorm events. Because of these findings, the commission believes that the residents of the city of Enid should not be compelled by restrictive covenants to use wood shingles for their homes, building or other structures and that the health, safety and welfare of said residents should be promoted by making such requirements invalid and unenforceable. The commission is also aware, however, that developers and residents of subdivision protected by such restrictive covenants are vitally interested in maintaining the aesthetic value of their neighborhood and that any law declaring these covenants to be invalid and unenforceable should also recognize the interest of these developers and residents.
Section 1506.4.1 Covenants Requiring Use Of Wood Shingles Invalid And Unenforceable. All parts of all restrictive covenants contained in any deed, contract, plat or other instrument which requires the use of wood shingles on any building or structure located within the city of Enid, Oklahoma, are hereby declared to be invalid and unenforceable effective January 1, 1999.
Section 1506.4.2 Option Of Owner Subject To Such Restrictive Covenants. Pursuant to the declaration set forth in subsection 1506.4, the owner of any building or structure subject to a restrictive covenant requiring the use of wood shingles shall have the option to substitute roof covering materials compatible in color and appearance with the existing roofs in the same subdivision. The determination of compatibility shall be made by the architectural, or building committee or other similar committee of each subdivision; provided, however, that if there is no such committee in existence for a particular subdivision, then the determination of compatibility shall be made by the code administrator.
Section 1506.4.3 Limitations. The provisions of section 1506.4 shall not be construed to abridge or abrogate the authority of architectural or building committees of subdivisions in any respect other than the right to enforce restrictive covenants requiring the use of wood shingles. All other restrictive covenants shall remain in full force and effect.
Chapter 16 Structural Design is hereby amended:
Section 1612.3(a) Establishment of flood hazard areas. The Flood Damage Prevention Ordinance of the City of Enid dated April 16, 2019 is found in this Code at Title 13, Chapter 1 and is incorporated by reference.
Chapter 18 Soils and Foundations is hereby amended:
Section 1809.5.1. Extending below the frost line which is 24 inches.
Chapter 32 Encroachments Into The Public Right-Of-Way is hereby amended:
Section 3202.2.4. For properties zoned C-4. Awnings, marquees, and walkway covers may be supported by columns or posts on the sidewalk, when they are not a hazard to pedestrian traffic, provided the columns or posts are constructed of weatherproof and maintenance free material. Location of columns or posts, also type of materials and design of the same shall be approved by the city.
Section 3202.2.5 Sidewalk or Street Obstructions. Public property shall be maintained free and clear of all obstructions, including among other things fences, retaining walls, planters, columns, posts, display of wares or merchandise and sidewalk signs, except for such columns or posts as are approved in section 3202.2.4.
Chapter 33 Safeguards During Construction is hereby amended:
Section 3303.8 Definitions.
Demolition is the act of razing, dismantling or removal of a building or structure, or portion thereof to the ground level.
Demolition Contractor is any person or firm, which is licensed by the city of Enid to engage in the business of demolitions.
Section 3303.9 Compliance. Contractors and Owners must comply with 40 CFR Part 61, Subpart M. National Emissions Standards for Hazardous Air Pollutants (NESHAP) and the and the Oklahoma Clean Air Act , 27A O.S. §2-5-101 through 2-5-118 and the Oklahoma Administrative Code, Air Pollution Control, Title 252. Inspections for asbestos and notice to ODEQ may be required, and when required proof of compliance will be required prior to approval of a demotlition permit.
Section 3303.10 Time Limit Notwithstanding the provision of 105.3, the code administrator shall impose a time limit of thirty days as an additional condition of a permit for completion of demolition work once such work shall have commenced, provided that for cause extensions of time, for periods not exceeding thirty days each, may be allowed in writing by the code administrator.
Section 3303.11 Protection of the Public Property.
Section 3303.11.1 Protection from Moving Equipment. When necessary to protect pavement curbs, sidewalks, or underground structures, planks of sufficient size and thickness to prevent damage or injury thereto shall be laid under the wheels of moving equipment.
Section 3303.11.2 Other Precautionary Measures. The code administrator shall have the power to require the use of other precautionary measures than those specifically mentioned in this article when necessary to protect life, property, or public improvements.
Section 3303.11.3 Hazardous Materials. If hazardous materials are discovered, all operations shall cease and the code administrator shall be notified immediately. No work shall continue until approval is given by the code administrator. All material classified as hazardous by the code administrator shall be removed by proper methods as prescribed by rules governing that particular material (i.e. state health department, state department of labor, ODEQ) and at the expense of the owner of the property.
Section 3303.12 License Required.
Section 3303.12.1 Demolition Without A Permit. It shall be unlawful for any person or firm to demolish any house or other structure, or engage in the business of a demolition contractor without first obtaining a license to do so from the city of Enid.
Section 3303.12.2 Demolition Contractor. Any person desiring to engage in business as a demolition contractor shall make application for a license to do so with the city clerk.
Section 3303.12.3 Demolition Contractor License Fee. The fee for a license required by the provisions of this ordinance shall be three hundred dollars for the first year or fraction thereof, and fifty dollars per year thereafter. The license shall expire on June 30 of each year.
Section 3303.13 Insurance Required. No demolition contractor’s license shall be issued until the applicant therefore shall have filed a certificate of insurance as proof of coverage for general liability in an amount not less than one hundred thousand dollars ($100,000.00), arising out of work performed under a contractor’s license. Such insurance shall be kept in full force throughout the life of the license.
Section 3303.14 Bond Required. No demolition contractor’s license shall be issued until the applicant therefore shall have deposited with the city clerk, a cash or surety bond in the sum of ten thousand dollars ($10,000.00) to be known as a demolition contractor’s bond. Such bond shall be executed by the demolition contractor and the surety thereon shall be a corporate surety company authorized to do business in the state of Oklahoma. The bond shall be in favor of the city of Enid and conditioned that the licensee shall faithfully and properly conduct such demolition business in compliance with all ordinances of the city and for the payment of all fines and penalties imposed for the violation of such ordinances, and for the indemnification of the city against all damages resulting directly or indirectly from any injury to persons or property on account of the negligence of the licensee. Such bond shall be renewed annually concurrently with the license, and the certificate of such renewal shall be filed with the code administrator.
Section 3303.15 Revocation. A demolition contractor’s license may be revoked or temporarily suspended by the code administrator upon notice in writing to the licensee if the contractor has violated any provision of this ordinance. Such revocation or suspension action shall only occur with the approval of the city attorney.
Section 3303.16 Demolition by Owner. The owner of any building or structure may demolish his own building or structure upon the issuance of a permit. The owner shall not be required to obtain a contractor’s license, but shall otherwise conform to all provisions of this ordinance. Violation of this ordinance by the owner shall constitute an offense and subject the owner to penalty provisions specified herein.
Section 3303.17 Exceptions. The code administrator may waive the bonding and insurance requirements of this ordinance when, in his opinion, the demolition of a particular structure will not pose a danger to the health, safety, and welfare of the public and such structure is four hundred square feet or less in size. (Ord. 2015-42, 11-17-2015; amd. Ord. 2022-09, 4-19-2022)