City of Cushing, OK DIVISION 3 Residential Code

§ 5-12 Code adopted.

[Code 1985 § 6-23; Code 2005 § 22-71; amended at adoption]

There is hereby adopted the International Residential Code, 2015 edition, and subsequent editions as adopted by the State of Oklahoma, thereto, including Appendixes E, G and J as published by the International Code Council, as the code of the City for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of one- and two-family dwellings and townhouses not more than three stories in height and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such International Residential 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, as set forth in § 5-12.

§ 5-13 Code revisions, amendments.

[Code 2005 § 22-72; amended at adoption]

The International Residential Code, is hereby revised and amended as follows:

(1) Section R101.1. Insert: "City of Cushing" in place of "[NAME OF JURISDICTION]."

(2) Section R112. Amend to provide:

	Section R112. Means of appeal.
	Section R112.1 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 R112.2 Notice of meeting. The appeal shall be heard, upon notice from the City Manager, within 10 days of the filing of an appeal.
	Section R112.3 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 R112.3.1 Procedure. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received.
	Section R112.3.2 Limitations on authority. The City Manager shall have no authority to waive requirements of this code.
	Section R105.3.1.1 Determination of substantial improvement in areas prone to flooding. When the code official provides a finding required in Section R105.3.1.1, the City Manager shall determine whether the value of the proposed work constitutes a substantial improvement. A substantial improvement means any repair, reconstruction, rehabilitation, addition, or improvement of a building or structure, the cost of which equals or exceeds 50% of the market value of the building or structure before the improvement or repair is started. If the building or structure has sustained substantial damage, all repairs are considered substantial improvement regardless of the actual repair work performed. The term does not include:
	1.	Improvements of a building or structure required to correct existing health, sanitary or safety or code violations identified by the code official and which are the minimum necessary to assure safe living conditions.
	2.	Any alteration of an historic building or structure provided that the alteration will not preclude the continued designation as an historic building or structure.
	Section R104.10.1 Criteria for issuance of a variance for areas prone to flooding. A variance shall only be issued upon:
	1.	A showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site render the elevation standards in Section R327 inappropriate.
	2.	A determination that failure to grant the variance would result in exceptional hardship by rendering the lot undevelopable.
	3.	A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
	4.	A determination that the variance is the minimum necessary to afford relief, considering the flood hazard.
	5.	Submission to the applicant of written notice specifying the difference between the design flood elevation and the elevation to which the building is to be built, stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation, and stating that construction below the design flood elevation increases risks to life and property.
	Section R112.4 Postponed hearing. Either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
	Section R112.5 City Manager's decision. The City Manager shall affirm, modify or reverse the decision of the code official.
	Section R112.5.1 Written decision. The decision of the City Manager shall be in writing. Certified copies shall be furnished to the appellant and to the code official.
	Section R112.5.2 Administration. The code official shall take immediate action in accordance with the decision of the City Manager.
	Section R112.6 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.