§ 26-77. Same—Amendments.

The following sections of the International Residential Code adopted in section 26-76 are hereby revised and amended as follows:

(1)

All Recommended Amendments to the 2012 International Residential Code promulgated by the North Central Texas Council of Governments with the exception of deleting Section R110 are specifically adopted and a copy of same shall be maintained in the Office of the City Clerk.

(2)

Section R101.1 is amended as follows: Title. This ordinance shall be known as The Residential Code of the City of Mineral Wells Texas, and is hereinafter referred to as "this code". References in this ordinance to specific other International or National Codes shall be deemed to refer to those International or National Codes as adopted and entitled by the City of Mineral Wells.

(3)

Section R102.5 Appendices. Provisions in the appendices to this Code shall not apply unless specifically adopted herein. The following Appendices to this Code are hereby specifically adopted and made a part of this Code: Appendices A, B, C, D, G, H, J, N, and P.

(4)

Section R104.3 is amended as follows: Notices, and orders. The Building Official or his duly designated deputy officials shall have authority to issue citations, notices or orders to obtain compliance with this code.

(5)

Section R104.10.1 Flood hazard areas, is deleted.

(5)

Section R105.2 is amended as follows: Work exempt from permit. Building: Subsection (1) is deleted.

(6)

Subsection (2) Fences. Subsection (5) Sidewalks and driveways not encroaching on the public right of way.

(7)

Section R105.3.1.1 Determination of substantially improved or substantially damaged existing buildings in flood hazard areas, is deleted.

(8)

Section R110 Certificate of occupancy is amended to read as follows:

R110.1 Certificate of occupancy required. Whether new or existing, all occupied single family and duplex/2 family residential units, to include manufactured homes, shall obtain a certificate of occupancy as described herein. Whether the building is owner occupied or rented, the owner of a residential dwelling unit as described above shall obtain a certificate of occupancy. New construction, additions, and renovations shall obtain a certificate of occupancy in accordance with the International Residential Code as adopted and adhere to the standards established in the International Property Maintenance Code as adopted thereafter.

Exceptions:

1. Certificates of occupancy are not required for work exempt from permits under Section R105.2.

2. Accessory buildings or structures not used for habitation.

R110.2 Rental units. All existing single family and duplex/2 family residential rental units, to include manufactured homes, shall be inspected to the standards of the International Property Maintenance Code as adopted, and obtain a certificate of occupancy within 24 months from June 1, 2014 which shall remain valid for a period of 36 months. At the conclusion of the initial 36 month period, a new inspection and certificate of occupancy shall be required as the water account changes. Any subsequent certificate of occupancy shall be valid for an additional 36 month period regardless of the number of times the water account changes. In the event the water account does not change following the initial 36 month period, no subsequent certificate of occupancy shall be required until the water account changes. For any single family or duplex/2 family residential rental units, to include manufactured homes, for which the water account is held in the name of the owner, such unit shall be inspected and shall obtain a certificate of occupancy every 36 months.

R110.3 Owner occupied units. All existing owner occupied single family and duplex/2 family residential units, to include manufactured homes, shall be inspected to the standards of the International Property Maintenance Code as adopted, and shall obtain a certificate of occupancy at the time herein provided. An inspection and certificate of occupancy shall be required at the time the water account changes or after the unit becomes vacant prior to re-occupancy. The certificate of occupancy shall be valid until such time as the water account subsequently changes or the unit is vacated, but in no event shall a new certificate of occupancy be required more frequently than every 36 months.

R110.4 Inspection. A certificate of occupancy inspection shall be conducted within 72 hours, or 3 business days, after application is made and the fee is paid. A copy of the inspection report shall be provided to the property owner. The owner of said property shall have 60 days from the date of the inspection to have corrected any deficiencies noted therein. An extension may be granted at the discretion of the building official. With the exception of new construction, the tenant/property owner may be allowed to occupy the dwelling unit while such deficiencies are corrected unless such deficiencies constitute a dangerous building as defined by Chapter 26, Article V. of the City of Mineral Wells Code of Ordinances.

R110.5 Revocation. The building official shall, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.

(9)

Section R112.1 General, is amended to read as follows: A person shall have the right to appeal a decision of the building official to the City of Mineral Wells Building and Standards Commission. An application of 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 equally good or better form of construction is proposed. The application shall be filed on a form obtained from the building official within 20 days of being notified of any disputed code interpretation. The building official shall take immediate action in accordance with the decision of the Building and Standards Commission.

(10)

Section R112.2 Limitation of authority, is amended to read as follows: The Building and Standards Commission shall have no authority to waive requirements of this code.

(11)

The remainder of Section 112 is deleted.

(12)

Section R113.3 Prosecution of violation, is deleted.

(13)

Section R113.4 Violation Penalties, is deleted.

(14)

Section 202 Definitions, is amended to include Dangerous Buildings and Structures as defined in Article V., Division 1, Sec. 26-91 of the City of Mineral Wells Code of Ordinances.

(Ord. No. 2001-26, § 2, 12-18-2001; Ord. No. 2011-14, § 2, 6-7-2011; Ord. No. 2014-04, § 2, 2-18-2014; Ord. No. 2018-16 , § 2, 8-21-2018)