The 2021 International Building Code as adopted in Section 6-1 is amended as follows:
a. Section 101.2 is amended by adding the following sentences:
The provisions of this code shall apply to Tyler Pounds Regional Airport. State law provides that the International Building Code shall not apply to the installation and maintenance of electrical wiring and related components. Therefore, Chapter 27 of the International Building Code is deleted in its entirety. The latest addition of the National Electrical Code, as adopted in City Code Section 6-43 and as amended in Section 6-44, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances thereto.
b. Section 101.4.4 is deleted in its entirety.
c. Section 102.6 is amended as follows:
Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as specifically covered in this code or by other City ordinance.
d. Section 103.1 is amended to read as follows:
Enforcement agency. The Building Services Department is the code compliance agency. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
Enforcement agency. The Building Services Department is the code compliance agency. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
e. Section 103.2 is amended to read as follows:
103.2. Appointment. The Chief Building Official or designee is hereby appointed as the Building Code official for purposes of this code.
f. Section 104.8.1 is amended by adding the following sentence at the end:
Indemnification of City officials, City employees, and City Council appointed boards is governed by City Code Section 2-62.
Indemnification of City officials, City employees, and City Council appointed boards is governed by City Code Section 2-62.
g. Add the following sentences to the end of Section 105.5:
Notwithstanding the provisions of this section, the building official may impose a time limit as an additional condition of a permit for completion of demolition work once such work shall have commenced, provided that for cause one or more extensions of time, for periods not exceeding thirty (30) days each, may be allowed in writing by the building official. Notwithstanding the provisions of this section, demolition work in the Fire District defined in City Code Section 6-120 shall be conducted so that demolition and clean-up are completed within sixty (60) days after issuance of the demolition permit. For cause, up to two (2) extensions of time, each extension for a period not to exceed thirty (30) days, may be allowed in writing by the building official so that demolition work in the Fire District can be completed.
Notwithstanding the provisions of this section, the building official may impose a time limit as an additional condition of a permit for completion of demolition work once such work shall have commenced, provided that for cause one or more extensions of time, for periods not exceeding thirty (30) days each, may be allowed in writing by the building official. Notwithstanding the provisions of this section, demolition work in the Fire District defined in City Code Section 6-120 shall be conducted so that demolition and clean-up are completed within sixty (60) days after issuance of the demolition permit. For cause, up to two (2) extensions of time, each extension for a period not to exceed thirty (30) days, may be allowed in writing by the building official so that demolition work in the Fire District can be completed.
h Add a new Section 105.5.1 to read as follows:
105.5.1. Notice relating to voluntary demolitions within the Fire District. When an applicant for a demolition permit wishes to demolish voluntarily a building or structure in the Fire District (as defined in City Code Section 6-120) that is located within ten (10) feet of an adjoining property line, and the adjoining property contains a building or structure that is located within three (3) feet of the property line of the property containing the building or structure to be demolished, then the applicant for the demolition permit shall send written notice of the proposed demolition to the adjoining landowner not later than ten (10) business days before the date of demolition.
105.5.1. Notice relating to voluntary demolitions within the Fire District. When an applicant for a demolition permit wishes to demolish voluntarily a building or structure in the Fire District (as defined in City Code Section 6-120) that is located within ten (10) feet of an adjoining property line, and the adjoining property contains a building or structure that is located within three (3) feet of the property line of the property containing the building or structure to be demolished, then the applicant for the demolition permit shall send written notice of the proposed demolition to the adjoining landowner not later than ten (10) business days before the date of demolition.
i. Section 113 is deleted in its entirety and new Section 113 is adopted as follows:
113. Construction Board of Adjustment and Appeals
113.1. Appointment. There is hereby established a board to be called the Construction Board of Adjustment and Appeals, which shall consist of seven members. The Board shall be appointed by the applicable governing body.
113.2. Membership.
113.2.1. Membership. Such board members should be composed of individuals with knowledge and experience in the technical codes, such as design professionals, contractors or building industry representatives. At least one member shall have either a Master Electrician's license or be a licensed electrical engineer, but if this requirement cannot be met, the membership requirement may also be met by Board members in other businesses or professions. A majority of the Board shall be City of Tyler residents, while a minority may reside in the City's extraterritorial jurisdiction. A board member shall not act in a case in which the member has a personal or financial interest. Terms shall be as set forth in City Code Section 1-20.
113.2.2. Quorum and Voting. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the Code official, not less than four affirmative votes, but not less than a majority of the board, shall be required.
113.2.3. Secretary of Board. The Building 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, and the absence of a member and any failure of a member to vote.
113.3. Powers. The Construction Board of Adjustment and Appeals shall have the power, as further defined in 113.4, to hear appeals of decisions and interpretations of the Building official and consider variances of the technical codes.
113.4. Appeals
113.4.1. Decision of the Building Official. The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the Building official to the Construction Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist:
1. 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.
2. The provisions of this code do not apply to this specific case.
3. That an equally good or more desirable form of installation can be employed in any specific case.
4. The true intent and meaning of this code or any of the regulations thereunder have been misconstrued or incorrectly interpreted.
113.4.2. Variances. The Construction Board of Adjustment and Appeals, when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following:
1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others.
2. That the special conditions and circumstances do not result from the action or inaction of the applicant.
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system.
4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system.
5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and welfare.
113.4.2.1. Conditions of the Variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code.
113.4.3. Notice of Appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the Building official. Appeals shall be in a form acceptable to the Building official.
113.4.4. Unsafe or Dangerous Buildings or Service Systems. In the case of a building, structure or service system which, in the opinion of the Building official, is unsafe, unsanitary or dangerous, the Building official may, in the order, limit the time for such appeals to a shorter period.
113.5. Procedures of the Board.
113.5.1. Rules and Regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairperson. The board shall meet within 30 calendar days after notice of appeal has been received.
113.5.2. Decisions. The Construction Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the Code official or varies the application of any provision of this code, the Code official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the Code official and shall be open to public inspection. A copy of the decision shall be sent by mail or otherwise to the appellant. Every decision of the board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity.
113. Construction Board of Adjustment and Appeals
113.1. Appointment. There is hereby established a board to be called the Construction Board of Adjustment and Appeals, which shall consist of seven members. The Board shall be appointed by the applicable governing body.
113.2. Membership.
113.2.1. Membership. Such board members should be composed of individuals with knowledge and experience in the technical codes, such as design professionals, contractors or building industry representatives. At least one member shall have either a Master Electrician's license or be a licensed electrical engineer, but if this requirement cannot be met, the membership requirement may also be met by Board members in other businesses or professions. A majority of the Board shall be City of Tyler residents, while a minority may reside in the City's extraterritorial jurisdiction. A board member shall not act in a case in which the member has a personal or financial interest. Terms shall be as set forth in City Code Section 1-20.
113.2.2. Quorum and Voting. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the Code official, not less than four affirmative votes, but not less than a majority of the board, shall be required.
113.2.3. Secretary of Board. The Building 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, and the absence of a member and any failure of a member to vote.
113.3. Powers. The Construction Board of Adjustment and Appeals shall have the power, as further defined in 113.4, to hear appeals of decisions and interpretations of the Building official and consider variances of the technical codes.
113.4. Appeals
113.4.1. Decision of the Building Official. The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the Building official to the Construction Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist:
1. 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.
2. The provisions of this code do not apply to this specific case.
3. That an equally good or more desirable form of installation can be employed in any specific case.
4. The true intent and meaning of this code or any of the regulations thereunder have been misconstrued or incorrectly interpreted.
113.4.2. Variances. The Construction Board of Adjustment and Appeals, when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following:
1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others.
2. That the special conditions and circumstances do not result from the action or inaction of the applicant.
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system.
4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system.
5. That the grant of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and welfare.
113.4.2.1. Conditions of the Variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code.
113.4.3. Notice of Appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the Building official. Appeals shall be in a form acceptable to the Building official.
113.4.4. Unsafe or Dangerous Buildings or Service Systems. In the case of a building, structure or service system which, in the opinion of the Building official, is unsafe, unsanitary or dangerous, the Building official may, in the order, limit the time for such appeals to a shorter period.
113.5. Procedures of the Board.
113.5.1. Rules and Regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairperson. The board shall meet within 30 calendar days after notice of appeal has been received.
113.5.2. Decisions. The Construction Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the Code official or varies the application of any provision of this code, the Code official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the Code official and shall be open to public inspection. A copy of the decision shall be sent by mail or otherwise to the appellant. Every decision of the board shall be final, subject however to such remedy as any aggrieved party might have at law or in equity.
j. Section 114.4 is amended by adding the following sentence at the end:
Penalties for violations of this code are set forth in City Code Section 1-4.
Penalties for violations of this code are set forth in City Code Section 1-4.
l. Chapter 11 is deleted in its entirety and a new Chapter 11 is added as follows:
CHAPTER 11 ACCESSIBILITY. Accessibility standards shall be as set forth in State law.
m. Section 1606.2. is deleted in its entirety and a new Section 1606.2 is adopted to read as follows:
1606.2. Design dead load. All Design dead loads shall allow for a future additional 3 psf collateral load to the planned roof or floor design collateral load added to the planned design roof or floor collateral loads, but no roof or floor collateral design collateral load shall be less than 5 psf. Values used shall be subject to the approval of the Building official.
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CHAPTER 11 ACCESSIBILITY. Accessibility standards shall be as set forth in State law.
m. Section 1606.2. is deleted in its entirety and a new Section 1606.2 is adopted to read as follows:
1606.2. Design dead load. All Design dead loads shall allow for a future additional 3 psf collateral load to the planned roof or floor design collateral load added to the planned design roof or floor collateral loads, but no roof or floor collateral design collateral load shall be less than 5 psf. Values used shall be subject to the approval of the Building official.
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n. CHAPTER 27 is deleted in its entirety.
o. Adopt a new Section 2902.1.4. to read as follows:
2902.1.4. Storage and warehouse occupancies. Storage and Warehouse occupancies requiring a restroom facility, but having exceptionally infrequent occupancy shall be reviewed on a case-by-case basis, for the exemption of the restroom facility requirement.
p. Appendices C., D., F. G. and I. are hereby adopted.
q. Appendices A., B., E., H., J., K., L., and M are hereby deleted in their entireties.
2902.1.4. Storage and warehouse occupancies. Storage and Warehouse occupancies requiring a restroom facility, but having exceptionally infrequent occupancy shall be reviewed on a case-by-case basis, for the exemption of the restroom facility requirement.
p. Appendices C., D., F. G. and I. are hereby adopted.
q. Appendices A., B., E., H., J., K., L., and M are hereby deleted in their entireties.
(Ord. No. O-93-46, Pt. 2, 7-12-93; Ord. No. O-93-68, Pt. 2, 9-8-93; Ord No. O-93-83, Pt. 1, 10-1-93) (Ord. No. 0-96-2000, 4/4/96) (Ord. No. 0-2001-59, 12/5/2001) (Ord. No. 0-2005-88; 10/26/05) (Ord. No. 0-2006-101; 12/13/06) (Ord. No. 0-2011-42, 5/25/11) (Ord. No. O-2018-9; 1/24/18) (Ord. No. 0-2021-24; 3/24/21)(Ord. No. O-2022-83; 8/24/2022) (Ord. No. O-2023-109; 10/25/23)