[Code 1974 § 4-1; Code 1985 § 6-21; Code
2005 § 22-51]
There is hereby adopted the International Building Code, 2015 edition, and subsequent editions as adopted by the State of Oklahoma, thereto, including Appendixes D, E, F, G, I and J as published by the International Code Council, as the code of the City for the control of building and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of such International Building Code one copy of which is on file with the City Clerk, are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in § 5-9.
[Code 1974 §§ 4-1, 4-3; Code 1985 § 6-22;
Code 2005 § 22-52; amended at adoption]
The International Building Code, 2015 edition, is hereby revised
and amended as follows:
(1)
Section 101.1. Insert: "City of Cushing" in place of "[NAME OF JURISDICTION]."
(2)
Section 109.2. Amend by adding the following sentence at the end
thereof: Fees for building permits shall be as established by resolution.
(3)
Section 109.6. Amend to provide:
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Refunds. The code official shall authorize the refunding of
fees as follows:
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a.
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The full amount of any fee paid hereunder that was erroneously
paid or collected.
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b.
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When no work has been done under a permit issued in accordance
with this code, the code official shall retain $5 and refund the balance
of the fee paid, if any.
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The code official shall not authorize the refunding of any fee
paid except upon written application filed by the original permittee
not later than 180 days after the date of fee payment.
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(4)
Section 113. Amend to provide:
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Section 113. Means of Appeal.
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Section 113.1 Application for appeal. Any person shall have
the right to appeal a decision of the code official to the City Manager
or, in his absence, Assistant City Manager. An application for 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 code official within 20 days
after the notice was served.
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Section 113.2 Notice of meeting. The appeal shall be heard,
upon notice from the City Manager, within 10 days of the filing of
an appeal.
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Section 113.3 Open hearing. All hearings shall be open to the
public. The appellant, the appellant's representative, the code
official and any person whose interests are affected shall be given
an opportunity to be heard.
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Section 113.3.1 Procedure. The procedures shall not require
compliance with strict rules of evidence, but shall mandate that only
relevant information be received.
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Section 113.4 Postponed hearing. Either the appellant or the
appellant's representative shall have the right to request a
postponement of the hearing.
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Section 113.5 City Manager's decision. The City Manager
shall affirm, modify or reverse the decision of the code official.
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Section 113.5.1 Written decision. The decision of the City Manager
shall be in writing.
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Certified copies shall be furnished to the appellant and to
the code official.
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Section 113.5.2 Administration. The code official shall take
immediate action in accordance with the decision of the City Manager.
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Section 113.6 Court review. Any person, whether or not a previous
party of the appeal, shall have the right to apply to the appropriate
court for a writ of certiorari to correct errors of law. Application
for review shall be made in the manner and time required by law following
the filing of the decision in the office of the City Clerk.
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(5)
Section 114.4. Amend to provide:
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Violations, penalties. Any person who violates a provision of this code or shall fail to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of an offense, punishable in accordance with § 1-8 of the Cushing City Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
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(6)
Section 115.3 Amend to provide:
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Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $75 or more than the maximum fine provided in § 1-8 of the Cushing City Code.
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(7)
Section 1612.3. Insert: "City of Cushing" in place of "[INSERT NAME
OF JURISDICTION]" and "July 16, 1980" in place of "[INSERT DATE OF
ISSUANCE]."
There is hereby adopted the International Existing Building Code, 2015 edition, and subsequent editions as adopted by the State of Oklahoma, thereto, including all Appendixes and Resource A as published by the International Code Council, as the code of the City for the control of existing building and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of such International Existing Building Code, one copy of which is on file with the City Clerk, are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in § 5-11.
The International Existing Building Code, 2015 edition, is hereby
revised and amended as follows:
(1)
Section 101.1. Insert: "City of Cushing" in place of "[NAME OF JURISDICTION]."
(2)
Section 108.2. Amend by adding the following sentence at the end
thereof: Fees for alterations requiring permits shall be as established
by resolution.
(3)
Section 108.6. Amend to provide:
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Refunds. The code official shall authorize the refunding of
fees as follows:
| ||
|
a.
|
The full amount of any fee paid hereunder that was erroneously
paid or collected.
| |
|
b.
|
When no work has been done under a permit issued in accordance
with this code, the code official shall retain $5 and refund the balance
of the fee paid, if any.
| |
|
The code official shall not authorize the refunding of any fee
paid except upon written application filed by the original permittee
not later than 180 days after the date of fee payment.
| ||
(4)
Section 112. Amend to provide:
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Section 112. Means of Appeal.
| |
|
Section 112.1 Application for appeal. Any person shall have
the right to appeal a decision of the code official to the City Manager
or, in his absence, Assistant City Manager. An application for 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 code official within 20 days
after the notice was served.
| |
|
Section 112.2 Notice of meeting. The appeal shall be heard,
upon notice from the City Manager, within 10 days of the filing of
an appeal.
| |
|
Section 112.3 Open hearing. All hearings shall be open to the
public. The appellant, the appellant's representative, the code
official and any person whose interests are affected shall be given
an opportunity to be heard.
| |
|
Section 112.4 Procedure. The procedures shall not require compliance
with strict rules of evidence, but shall mandate that only relevant
information be received.
| |
|
Section 112.5 Postponed hearing. Either the appellant or the
appellant's representative shall have the right to request a
postponement of the hearing.
| |
|
Section 112.6 City Manager's decision. The City Manager
shall affirm, modify or reverse the decision of the code official.
| |
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Section 112.6.1 Written decision. The decision of the City Manager
shall be in writing.
| |
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Certified copies shall be furnished to the appellant and to
the code official.
| |
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Section 112.6.2 Administration. The code official shall take
immediate action in accordance with the decision of the City Manager.
| |
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Section 112.7 Court review. Any person, whether or not a previous
party of the appeal, shall have the right to apply to the appropriate
court for a writ of certiorari to correct errors of law. Application
for review shall be made in the manner and time required by law following
the filing of the decision in the office of the City Clerk.
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