CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS
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112.4 Appointment. There is hereby established
a board to be called the Construction Board of Adjustment and Appeals,
which shall consist of five members and two alternates. The Board
shall be appointed by the applicable governing body.
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112.4.1 Membership and terms.
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112.4.1.1 Membership. The
Construction Board of Adjustment and Appeals should consist of five
members. 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. In addition to the
regular members, there should be two alternate members, one member
at large from the building industry and one member at large from the
public. A board member shall not act in a case in which he has a personal
or financial interest.
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112.4.1.2 Terms. The terms
of office of the board members are three years and shall be staggered
so no more than 1/3 of the board is appointed or replaced in any 12-month
period. The two alternates, if appointed, shall serve one-year terms.
Vacancies shall be filled for an unexpired term in the manner in which
original appointments are required to be made. Continued absence of
any member from required meetings of the board shall, at the discretion
of the applicable governing body, render any such member subject to
immediate removal from office. A member whose term is expired may
continue to serve until such time a replacement has been appointed.
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112.4.1.3 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 building official, not less than three
affirmative votes, but not less than a majority of the board, shall
be required. In the event that regular members are unable to attend
a meeting, the alternate members, if appointed, shall vote.
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112.4.1.4 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, the absence
of a member and any failure of a member to vote.
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112.5 Powers. The Construction Board
of Adjustment and Appeals shall have the power, as further defined
in 112.6 to hear appeals of decisions and interpretations of the building
official and consider variances of the technical codes.
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112.6 Appeals.
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112.6.1 Decision of the building official. The owner of a building, structure or service system, or his 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:
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1.
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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.
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2.
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The provisions of this code do not apply to this specific case.
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3.
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That an equally good or more desirable form of installation
can be employed in any specific case.
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4.
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The true intent and meaning of this code or any of the regulations
thereunder have been misconstrued or incorrectly interpreted.
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112.6.2 Variances. The Construction
Board of Adjustments 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:
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1.
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That special conditions and circumstances exist which are peculiar
to the building, structure or service system involved and which are
not applicable to others.
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2.
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That the special conditions and circumstances do not result
from the action or inaction of the applicant.
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3.
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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.
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4.
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That the variance granted is the minimum variance that will
make possible the reasonable use of the building, structure or service
system.
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5.
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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 general welfare.
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112.6.2.1 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.
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112.6.3 Notice of appeal. Notice of appeal shall be in writing and filed within 10 calendar
days after the decision is rendered by the building official. Appeals
shall be in a form acceptable to the building official.
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112.6.4 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
his order, limit the time for such appeals to a shorter period.
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112.7 Procedures of the Board.
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112.7.1 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 chairman. The board shall meet within 30 calendar
days after notice of appeal has been received.
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112.7.2. 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 building official or varies the application or of any provision
of this code, the building official shall promptly take action in
accordance with such decision. Every decision shall be promptly filed
in writing in the office of the building official and shall be open
to public inspection. A certified copy of the decision shall be sent
by mail or otherwise to the appellant and a copy shall be kept publicly
posted in the office of the building official for two weeks after
filing. Every decision of the board shall be final, subject however
to such remedy as any aggrieved party might have at law or in equity.
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307.2 Permit required. A permit shall
be obtained from the fire code official in accordance with section
105.6.3.2 prior to kindling a fire for recognized silvicultural or
range or wildlife management practices, prevention or control of disease
or pests, or a bonfire. Application for such approval shall only be
presented by and permits issued to the owner of the land upon which
the fire is to be kindled.
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Exceptions:
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1.
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Fires which meet all of the following requirements:
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a.
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The pile size is 10 feet (3048 mm) or less in diameter and 5
feet (1524 mm) or less in height.
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b.
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Atmospheric humidity is 40 percent or greater and maximum wind
speed is 15 miles per hour or less.
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c.
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No more than one pile burning at any one time.
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d.
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Prior notification given to the Sherman Fire Department.
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e.
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Conducted in accordance with all Texas Commission on Environmental
Quality conditions.
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307.4 Location. The location for open
burning shall not be less than 100 feet (30 480 mm) from any structure
or the property boundary, and provisions shall be made to prevent
the fire from spreading to within 100 feet (30 480 mm) of any structure
or the property boundary. The location for open burning shall not
be less than 300 feet (91 440 mm) from any sensitive receptor as defined
by Texas Commission on Environmental Quality 30 TAC 111.203(7), unless
written permission is obtained from the owner of the sensitive receptor,
including any occupied buildings.
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Exceptions:
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1.
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Fires in approved containers that are not less than 15 feet
(4572 mm) from a structure.
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2.
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The minimum required distance from a structure shall be 25 feet
(7620 mm) where the pile size is 3 feet (914 mm) or less in diameter
and 2 feet (610 mm) or less in height.
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REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS
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---|---|---|
Length
(feet)
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Width
(feet)
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Turnarounds Required
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0–150
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24
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None required
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150–700
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24
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100' diameter cul-de-sac or 120' hammerhead
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Over 700
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Special approval required
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