§ 159.52  BUILDING MATERIALS REGULATIONS FOR RESIDENTIAL AND COMMERCIAL CONSTRUCTION
   (A)   Definitions. The following definitions apply to the provisions of this section:
      BUILDING CODE.  Any of the following adopted by the city, as amended: the International Residential Code, the National Electrical Code; the International Mechanical Code, the International Plumbing Code, the International Building Code; and the International Fire Code.
      COMMERCIAL BUILDING.  A building for the use or occupation of people for a public purpose or economic gain, or a residence if the building is a multi-family residence that is not defined as a residential building.
      NATIONAL MODEL CODE.  A publication that is developed, promulgated, and periodically updated at a national level by organizations consisting of industry and government fire and building safety officials through a legislative or consensus process and that is intended for consideration by units of government as local law. NATIONAL MODEL CODE includes the International Residential Code, the National Electrical Code and the International Building Code.
      RESIDENTIAL BUILDING.  A building having the character of a one-family or two-family dwelling or a multiple single-family dwelling that is not more than three stories high with separate means of egress, including the accessory structures of the dwelling and that does not have the character of a facility used for the accommodation of transient guests or a structure in which medical, rehabilitative, or assisted living services are provided in connection with the occupancy of the structure.
   (C)   Prohibitions on enforcement.
      (1)   Notwithstanding any other provision contained in the city's ordinances, regulations or rules to the contrary, an official responsible for enforcement of the city's Zoning Ordinance or Building Codes, as designated by city charter, ordinance or other authorization of the city, shall not:
         (a)   Prohibit or limit, directly or indirectly, the use or installation of a building product or material in the construction, renovation, maintenance, or other alteration of a residential or commercial building if the building product or material is approved for use by a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building; or
         (b)   Enforce a standard for a building product, material, or aesthetic method in construction, renovation, maintenance, or other alteration of a residential or commercial building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building.
      (2)   An applicant who proposes to use a building material, product or aesthetic method in the construction or alteration of a residential or commercial building that is prohibited or limited by the city's adopted Zoning Ordinance or building codes, as amended, or that is less stringent than the standard established by such ordinance or building codes, as amended, shall identify each provision in a national model code published within the last three code cycles that approves the use of such building material, product or aesthetic method, as a necessary requirement of the application.
      (3)   An applicant may agree in writing to employ a building material, product or aesthetic method for use in the construction or alternation of a residential or commercial building that otherwise cannot be enforced under division (C)(1).
   (D)   Exemptions for ordinances, requirements and programs. The prohibitions in division (C) do not apply to the following ordinances, requirements or programs of the city or state, and the officials responsible for enforcement of the city's Zoning Ordinance and Building Codes, as designated by city charter, ordinance or other authorization of the city, shall apply all regulations and standards prescribed by such enactments, requirements or programs, whether such ordinances, requirements or programs existing or hereafter adopted or established, to the fullest extent therein provided:
      (1)   A local amendment of a building code to conform to local concerns if the amendment does not conflict with divisions (C)(1) or (2).
      (2)   A program established by a state agency that requires particular standards, incentives, or financing arrangements in order to comply with requirements of a state or federal funding source or housing program.
      (3)   A requirement for a building necessary to consider the building eligible for windstorm and hail insurance coverage under Chapter 2210, Texas Insurance Code.
      (4)   An ordinance or other regulation that regulates outdoor lighting that is adopted for the purpose of reducing light pollution and that:
         (a)   Is adopted by a governmental entity that is certified as a Dark Sky Community by the International Dark Sky Association as part of the International Dark Sky Places Program; or
         (b)   Applies to outdoor lighting within five miles of the boundary of a military base in which an active training program is conducted;
      (5)   An ordinance that regulates outdoor lighting and is adopted under Subchapter B, Chapter 229, Texas Local Government Code, or under Subchapter B, Chapter 240, Texas Local Government Code; or
      (6)   Installation of a fire sprinkler protection system under Texas Occupation Code, section 1301.551(i), or under Tex. Health and Safety Code, section 775.045(a)(1).
   (E)   Exemptions for buildings.  The prohibitions in division (B) do not apply to the following buildings, and the officials responsible for enforcement of the City's Zoning Ordinance and Building Codes, as designated by city charter, ordinance or other authorization of the city, shall apply all regulations and standards prescribed by those ordinances or codes to such buildings, whether such provisions are existing or hereafter adopted or established, to the fullest extent:
      (1)   A building located in a place or area designated for its historical, cultural, or architectural importance and significance by the city which were adopted by the City Council prior to April 1, 2019;
      (2)   A building located in a zoning district designated by the City Council after April 1, 2019 for its historical, cultural, or architectural importance and significance by the city, and for which the owner has voluntarily consented in writing to the application of the regulations or standards prohibited by division (B), including the following zoning districts and any district that may hereafter be created by the City Council for its historical, cultural, or architectural importance and significance;
      (3)   A building located in a place or area designated for its historical, cultural, or architectural importance and significance that a municipality may regulate under Section 211.003(b), Texas Local Government Code, if the municipality:
         (a)   Is a certified local government under the National Historic Preservation Act (54 U.S.C. Section 300101 et seq.); or
         (b)   Has an applicable landmark ordinance that meets the requirements under the certified local government program as determined by the Texas Historical Commission;
      (4)   A building located in an area designated as a historic district on the National Register of Historic Places;
      (5)   A building designated as a Recorded Texas Historic Landmark;
      (6)   A building designated as a State Archeological Landmark or State Antiquities Landmark;
      (7)   A building listed on the National Register of Historic Places or designated as a landmark by a governmental entity;
      (8)   A building located in a World Heritage Buffer Zone; or
      (9)   A building located in an area designated for development, restoration, or preservation in a main street city under the main street program established under Section 442.014, Texas Government Code.
   (F)   Appeal.
      (1)   An applicant, landowner or other aggrieved person may appeal the decision of an official responsible for enforcement of the city's zoning ordinance or building codes, as designated by City Charter, ordinance or other authorization of the city, applying a regulation or standard to the construction, renovation, maintenance, or other alteration of a residential or commercial building, which application is asserted to be prohibited by division (C), in the following manner:
         (a)   If the decision applies a requirement of a building code, to the City of Heath Board of Adjustment as the Building Board of Appeals; or
         (b)   If the decision applies a requirement of the zoning ordinance, to the City of Heath Board of Adjustment.
      (2)   The appeal shall identify the provision or provisions which the appellant alleges to have been applied in violation of division (C). The appeal shall be filed, processed and decided in the manner provided for appeals by the appellate entity herein designated.
   (G)   Amendments to the City of Heath Board of Adjustment procedures. Notwithstanding any other provision contained in the city's ordinances, regulations or rules to the contrary, the following provisions apply to the adoption of or amendment to rules of the Board of Adjustment and to appellate procedures before the Board.
      (1)   Rules of the Board of Adjustment adopted or amended on or after September 1, 2019, must be approved by the City Council.
      (2)   Appeals to the Board from the decision of an administrative official made on or after September 1, 2019, shall be governed by the following rules:
         (a)   An appeal of a decision by an administrative official that is not related to a specific application, address or project may be made by an aggrieved person or any officer, department, board, or bureau of the city affected by the decision.
         (b)   An appeal of a decision by an administrative official that is related to a specific application, address or project may be made by: the applicant; the owner or owner's representative of the property that is the subject of the decision; an aggrieved person who is the owner of property within 200 feet of the property that is the subject of the decision; or any officer, department, board, or bureau of the city affected by the decision.
(Ord. 190813B, passed 8-13-2019)