Sec. 6-163. Amendments to existing building code.

The 2021 edition of the International Existing Building Code, as adopted in Section 6-162, is amended as follows:

a. Section 101.2 is amended by adding the following sentence:

The provisions of this code shall apply to Tyler Pounds Regional Airport.

b.    Section 101.4.2 is amended as follows:

         101.4.2 Buildings previously occupied. The occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code, or as is deemed necessary by the code official for the general safety and welfare of the occupants and the public.

c. Section 103.1 is deleted and a new Section 103.1 is adopted to read as follows:

103.1. Code compliance 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. The Chief Building Official or designee is hereby appointed as the Code official.

d.    Section 104.8 is amended by adding the following sentence at the end of the section.
   Indemnification of City officials, City employees, and City Council appointed boards is governed by City Code Section 2-62.

e.    Add the following sentences to the end of Section 105.5:
Notwithstanding the provisions of this section, the Code 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 Code 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 Code official so that demolition work in the Fire District can be completed.

f.    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.

g.    Section 112 is deleted in its entirety and new Section 112 is adopted as follows:
   Section 112. Construction Board of Adjustment and Appeals
   

112.1.    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.
   

112.2.    Membership.
   

112.2.1. 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.
   

112.2.2. 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.
   

112.2.3. 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.
   

112.3.    Powers. The Construction Board of Adjustment and Appeals shall have the power, as further defined in 112.4, to hear appeals of decisions and interpretations of the Code official and consider variances of the technical codes.
   

112.4. Appeals
   

112.4.1. Decision of the Code Official. The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the Code official to the Construction Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist:
   1.    The Code 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.

112.4.2. 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.
   112.4.2.1. 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.
   

112.4.3. Notice of Appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the Code official. Appeals shall be in a form acceptable to the Code official.
   

112.4.4. Unsafe or Dangerous Buildings or Service Systems. In the case of a building, structure or service system which, in the opinion of the Code official, is unsafe, unsanitary or dangerous, the Code official may, in the order, limit the time for such appeals to a shorter period.
   

112.5. Procedures of the Board.
   

112.5.1. Rules and Regulations. The board shall establish rules and regulations for its own procedure not inconsistent with City rules and regulations, or 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.
   

112.5.2. 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.

h.    Section 113.4 is deleted in its entirety and a new Section 113.4 is adopted as follows:
   113.4.   Violation penalties. Penalties for violations of this code are set forth in City Code Section 1-4.

i.    Section 306 is deleted in its entirety and a new Section 306 is adopted as follows:
   306.Accessibility for existing buildings. Accessibility standards shall be as set forth in State law.

j. Section 1301.3.2 is amended to read as follows:
1301.3.2 Compliance with other codes. Buildings that are evaluated in accordance with this section shall comply with the International Fire Code.

k.   Section 1401.2 is amended by amending the first sentence to read as follows:
The building shall be safe for human occupancy as determined by the International Fire Code.

l.    All Chapters of Appendices A and B are hereby adopted.
m.    Appendices C and D are deleted in their entireties.

(Ord. No. 0-2010-18; 3/10/10) (Ord. No. 0-2016-17; 2/24/16) (Ord. No. O-2018-15; 1/24/18) (Ord. No. O-2023-110; 10/25/23)