This article shall be commonly cited as the “building
code ordinance.”
(Ordinance 06-04-18E, ex. A, sec.
1.1, adopted 4/18/06)
This article is adopted so that the city council may promote
the public health, safety, morals and general welfare within the city
through the regulation of certain construction activities.
(Ordinance 2020-17, sec. II, adopted 6/16/20)
The provisions of this article shall apply within the city limits
(i.e., incorporated municipal boundary).
(Ordinance 2020-17, sec. III, adopted 6/16/20)
No required permit shall be issued until prescribed fees have
been paid; nor shall any amendment to a permit be approved until the
additional fees, if any, have been paid. Fees for building permits
will be that amount listed in a separate fee schedule found in the
appendix of this code, adopted by separate resolution and which may
be amended from time to time by city council resolution or ordinance.
(Ordinance 06-04-18E, ex. A, sec.
1.4, adopted 4/18/06; Ordinance
adopting Code)
(a)
General.
Words and phrases used in this article shall
have the meanings set forth in this section. Terms that are not defined
below, but are defined elsewhere in this Code of Ordinances, shall
be given the meanings set forth in the code. Words and phrases not
defined in this Code of Ordinances shall be given their common, ordinary
meaning unless the context clearly requires otherwise. When not inconsistent
with the context, words used in the present tense shall include the
future tense; words in the plural number shall include the singular
number (and vice versa); and words in the masculine gender shall include
the feminine gender (and vice versa). The word “shall”
is always mandatory, while the word “may” is merely directory.
Headings and captions are for reference purposes only.
(b)
Alter.
Build.
Building.
Building inspector.
Building official.
City.
Clear.
Construct.
Demolish.
Develop.
ETJ.
Expand.
Fill.
Grade.
Jurisdiction.
Ordinary maintenance.
Person.
Remodel.
Repair.
Structure.
Temporary structures and use.
Vacant lot.
Specific.
To make a physical change in or to a building, object, site
or structure.
To form by ordering and uniting materials by gradual means
into a composite whole. The term includes the acts of developing or
expanding upon buildings or structures. The term also includes the
installation or placement upon land of a prefabricated building including
a HUD-code manufactured home. A building permit is required for HUD-code
manufactured homes in order to ensure compliance with zoning, setbacks
and septic rules. HUD-code manufactured homes are not subject to building
code standards for construction unless post-factory additions are
made to the structure (including but not limited to porches, garages,
decks and additional rooms).
An improvement or change to the property which substantially
reduces the permeability of the natural ground underneath the building
or structure to absorb rainfall. This term also includes a dwelling,
such as a house, barn, church, hotel, or similar structure created
to shelter any form of human activity.
The person appointed by the city to conduct periodic inspections
of construction progress to insure that such construction is being
conducted consistent with the building permit and with prescribed
building codes and ordinances. The city’s building inspector
can be a volunteer, employee, agent of another political subdivision,
company, corporation, or independent contractor retained by the city.
The person appointed by the city council to receive and review
applications for permits and ensure compliance with applicable codes,
permits and ordinances. The city’s building official can be
a volunteer, employee, agent of another political subdivision, company,
corporation, or independent contractor retained by the city.
The City of Horseshoe Bay, Texas and includes any designee
who is appointed by the city council to carry out the city’s
function.
To make a material change in the character of the land, including
but not limited to the extraction of vegetation, removal of brush,
cutting of trees, or modification of the natural grade or slope of
the land.
To excavate or grade property in connection with construction
of a foundation for any improvement to be located on the land. The
term also means to form a building or structure by combining materials
or parts.
To remove all or part of a building or structure.
To make a material change in the use or character of the
land, including but not limited to the placement of any building or
other structure on the land.
The city’s extraterritorial jurisdiction, as described
in the agreements with Llano County and Burnet County, dated January
23, 2007 and May 25, 2007, respectively.
To add any square footage of impervious cover on the building
or property, regardless of whether such addition will be covered or
uncovered.
To deposit or stockpile dirt, stone, construction debris
or other material in order to modify land or alter current drainage
patterns.
To clear, strip, cut, fill or stockpile dirt, including land
in its cut and filled condition, to create new grades or alter current
drainage patterns.
All references to “jurisdiction” in the codes
adopted herein shall mean the city, located in Burnet and Llano Counties
in this state.
Activities relating to a property that would be considered
ordinary or common for maintaining the property, including but not
limited to repairs, or the replacement of materials with identical
or in-kind materials. The term expressly omits activities involving
the expansion, modification, enlargement, reduction, renovation or
remodeling of buildings or structures. The term also omits the cutting
away of walls or partitions, cutting or removal of a structural beam
or load bearing support; removal or change of means of egress.
Any human individual or corporation, organization, government
or governmental subdivision or agency, business trust, estate, trust,
partnership, association, and any other legal entity.
To construct an addition or alter the design or layout of
a building or make substantial repairs or alterations so that a change
or modification of the entrance facilities, toilet facilities, or
vertical access facilities is achieved.
The maintenance of or the return to a state of utility of
a building, object, site or structure.
A combination of materials to form a construction for use,
occupancy, or ornamentation installed on, above, or below the surface
of land or water. The term refers to something arranged in a definite
pattern of organization. The term includes those functional constructions
made usually for purposes other than creating shelter. The term includes
but is not limited to roads, streets, sidewalks, porches, towers,
tanks. The term also includes additions to or expansions of mobile
homes, HUD-code manufactured homes, manufactured homes, modular homes,
and industrialized housing.
The creation of structures or use of land that are limited
as to time of service, but shall not be permitted for more than 180
days.
Land that is undeveloped and unused. The term also includes
any area with significant amounts of land not covered by impervious
surfaces that is suitable for development or infill.
(Ordinance 06-04-18E, ex. A, sec.
2, adopted 4/18/06; Ordinance
07-10-16D, sec. II(e), adopted 10/16/07; Ordinance 07-10-16D, sec. II(f),
adopted 10/16/07; Ordinance
2020-17, sec. IV, adopted 6/16/20)
(a)
It
shall be unlawful for any person to alter, build, construct, demolish,
erect, extend, install, modify, move, relocate, remodel, or remove
a building, site place, or structure in a manner not in compliance
with this article.
(b)
It
shall be unlawful for any person to grade or fill in a manner not
in compliance with this article.
(c)
It
shall be unlawful for any person to construct a swimming pool, spa
or septic system in a manner not in compliance with this article.
(Ordinance 06-04-18E, ex. A, sec.
3.1, adopted 4/18/06)
This article shall not apply to properties upon which construction
lawfully commenced prior to the adoption of this article. Construction
initiated prior to the adoption of this article shall remain subject
to building codes applicable at the time construction was initiated,
unless the owner opts to comply with this article through written
notification to the city.
(Ordinance 06-04-18E, ex. A, sec.
3.2, adopted 4/18/06)
(a)
Authority to grant variance.
The city council is hereby
authorized to approve variances from this article and the codes adopted
herein.
(b)
Public hearing.
No variance shall be granted without
first having given public notice and having held a public hearing
on the written variance request in accordance with this article. One
notice of a variance public hearing shall be published by the applicant
in the official newspaper of the city and in such other publication
as the city council may require. The notice of the public hearing
shall include the purpose of the variance request and shall have sufficient
information to identify the street address, and the details of the
proposed building project and the time and the place of the public
hearing. The applicant shall provide a copy of the public notice prior
to publication and mailing for review by the development services
director to determine that sufficient information is provided. The
public notice must be approved by the development services director
prior to publication in the official newspaper of the city and in
such other publication as the city council may require and mailing.
Notices that are not approved by the development services director
for publication and mailing will not be considered as valid legal notices
for this section. The public notice shall be published before 15 days
of the date set for the public hearing. In order to grant a variance,
the city council must first find:
(1)
That there are special circumstances or conditions affecting the
land involved such that the strict application of the provisions of
this article would deprive the applicant of the reasonable use of
the land;
(2)
That the variance is necessary for the preservation and enjoyment
of a substantial property right of the applicant;
(3)
That the granting of the variance will not be detrimental to the
public health, safety or welfare, or injurious to other property within
the area; and
(4)
That the granting of the variance will not have the effect of preventing
the orderly use of other land within the area in accordance with the
provisions of this article.
(c)
Findings.
Such findings of the city council, together
with the specific facts upon which such findings are based, shall
be incorporated into the official minutes of the city council meeting
at which such variance is granted.
(Ordinance 06-04-18E, ex. A, sec.
4.2, adopted 4/18/06; Ordinance 06-04-18E, ex. A, sec. 4.3, adopted 4/18/06; Ordinance 16-06-21B, sec. VII(a),
adopted 6/21/16; Ordinance 2024-07 adopted 1/16/2024)
(a)
Civil and criminal penalties.
The city shall have the
power to administer and enforce the provisions of this article as
may be required by governing law. Any person violating any provision
of this article is subject to suit for injunctive relief as well as
prosecution for criminal violations. Any violation of this article
is hereby declared to be a nuisance.
(b)
Criminal prosecution.
Any person violating any provision
of this article shall, upon conviction, be fined a sum not exceeding
five hundred dollars ($500.00), except as may be other expressly provided
herein or by state law. Each day that a provision of this article
is violated shall constitute a separate offense. An offense under
this article is a misdemeanor.
(Ordinance 06-04-18E, ex. A, secs.
5.1, 5.2, adopted 4/18/06)
Nothing in this article shall be construed as a waiver of the
city’s right to bring a civil action to enforce the provisions
of this article and to seek remedies as allowed by law, including,
but not limited to the following:
(1)
Injunctive
relief to prevent specific conduct that violates this article or to
require specific conduct that is necessary for compliance with this
article;
(2)
A
civil penalty up to two hundred fifty dollars ($250.00) a day when
it is shown that the defendant was actually notified of the provisions
of this article and after receiving notice committed acts in violation
of this article or failed to take action necessary for compliance
with this article; and
(3)
Other
available relief.
(Ordinance 06-04-18E, ex. A, sec.
5.3, adopted 4/18/06)
Permit applications shall be issued and administered in the manner set out in article 3.03, the building permit ordinance, as may hereafter be amended. To the extent that the provisions of any code adopted herein conflicts with the requirements of article 3.03, the building permit ordinance, the more stringent requirement shall prevail.
(Ordinance 06-04-18E, ex. A, sec.
13, adopted 4/18/06)
Exemption from the permit requirements of this article shall
not be deemed to grant authorization for any work to be done in any
manner in violation of the provisions of this article or any other
law or ordinance of the city. Permits shall not be required for the
following:
(1)
Painting,
papering, tiling, carpeting, cabinets, countertops and similar finish
work for an existing structure.
(2)
Window
awnings supported by an exterior wall which do not project more than
fifty-four inches (54") from the exterior wall and do not require
additional support.
(3)
Minor
electrical repairs and maintenance, including the replacement of lamps.
(4)
Use
of portable heating, cooling or drying appliances and the replacement
of any minor part that does not alter approved equipment or make such
equipment unsafe.
(5)
The
stopping of leaks in drains, water, waste or vent pipes; provided,
however, that if any concealed trap, drain pipe, water, soil, waste
or vent pipe becomes defective and it becomes necessary to remove
and replace the same with new material, such work shall be considered
construction and a permit shall be obtained and inspection made as
provided in this article.
(6)
The
clearing of stoppages or the repairing of leaks in pipes, valves or
fixtures, and the removal and reinstallation of water closets, provided
such repairs do not involve or require the replacement or rearrangement
of valves, pipes or fixtures.
(7)
Where
equipment replacement and repairs must be performed in an emergency
situation, an application shall be submitted to the city within three
(3) business days after such replacement or repair.
(8)
Ordinary
repairs to structures that do not include the cutting away of any
wall, partition or portion thereof, the removal or cutting of any
structural beam or load-bearing support, or the removal or change
of any required means of egress. Ordinary repairs shall not include
addition to, alteration of, replacement or relocation of any water
supply, sewer, drainage line, gas, soil, waste vent or similar piping,
electric wiring or mechanical or other work affecting public health
or general safety.
(9)
Replacement
of compressors, air handlers or other mechanical devices a part of
normal household heating and air conditioning systems.
(10)
Installation of antennas for satellite television or those related
to internet connections.
(Ordinance 06-04-18E, ex. A, sec.
14, adopted 4/18/06)
This article shall become effective at 12:01 a.m., May 1, 2006,
and the rules and regulations set out herein shall apply to projects
where construction is to be initiated after the effective date. Projects
initiated prior to the effective date will not be affected hereby.
In any situations where it is not clear whether construction has been
initiated prior to 12:01 a.m., May 1, 2006, such project shall be
subject to this article save and except where an authorized property
owners’ association has issued a building permit for such project.
(Ordinance 06-04-18E, ex. A, sec.
15, adopted 4/18/06)
(a)
Code adopted.
The city hereby adopts a certain document
being marked and designated as the 2015 edition of the “International
Residential Code,” published by the International Code Council,
Inc., as may be amended. Such document, as may be amended, is hereby
adopted as the “residential building code” of the city
for regulating the design, construction, quality of materials, erection,
installation, alteration, repair, location, relocation, replacement,
addition to and use or maintenance of one- and two-family dwellings
and townhouses not more than three stories in height in the city,
and providing for the issuance of permits and collection of fees therefor;
and each and all regulations, provisions, penalties, conditions and
terms of such “International Residential Code,” which
is adopted and made a part hereof as if fully set out in this section.
The residential building code shall also include appendices A through
K and N, O and P as hereby designated by the city council. Amended
section R108.6 work commencing before permit issuance. Any person
who commences any work on a building, structure, electrical, gas,
mechanical or plumbing system before obtaining the necessary permits
shall be subject to doubled fees and charges.
(b)
Permit required.
It shall be unlawful for any person
to build residential buildings or structures within the city without
first applying for and receiving a permit. It shall also be unlawful
to begin construction of any residential or commercial improvements
until a permit has been issued by the city and all such construction
shall be in accordance with the requirements of the permit.
(c)
Temporary structures and use.
The building official
is authorized to issue a permit for temporary structures and temporary
uses. Such permits shall be limited as to time of service, but shall
not be permitted for more than one hundred eighty (180) days.
(Ordinance 06-04-18E, ex. A, sec.
6.3, adopted 4/18/06; Ordinance 2019-30, sec. II, adopted 5/21/19; Ordinance 2020-17, sec. V, adopted 6/16/20)
(a)
Code adopted.
The city hereby adopts a certain document
being marked and designated as the 2015 edition of the “International
Building Code,” published by the International Code Council,
Inc., as may be amended. Such document, as may be amended, is hereby
adopted as the “commercial building code” of the city
for control of multifamily and commercial buildings and structures
as herein provided; and each and all of the regulations, provisions,
penalties, conditions and terms of said commercial building code,
which is adopted and made a part hereof as if fully set out in this
section. The commercial building code shall also include appendices
G, H, and I as hereby designated by the city council. Any person who
commences any work on a building, structure, electrical, gas, mechanical
or plumbing system before obtaining the necessary permits shall be
subject to doubled fees and charges.
(b)
Permit required.
It shall be unlawful for any person
to build commercial buildings or structures within the city without
first applying for and receiving a permit. It shall also be unlawful
to begin construction of any residential or commercial improvements
until a permit has been issued by the city and all such construction
shall be in accordance with the requirements of the permit.
(Ordinance 2019-30, sec. III, adopted 5/21/19; Ordinance 2020-17, sec. VI, adopted 6/16/20)
(a)
Code adopted.
The city hereby adopts a certain document
being marked and designated as the 2014 edition of the “National
Electrical Code,” as developed by the National Fire Protection
Association, as may be amended. Such document, as may be amended,
is hereby adopted as the “electrical code” of the city,
and as such shall apply to all electrical construction applications;
and each and all of the regulations, provisions, penalties, conditions
and terms of said National Electrical Code, which is adopted and made
a part hereof as if fully set out in this section. The city council
may establish procedures for the administration and enforcement of
the electrical code and may adopt local amendments to the National
Electrical Code.
(b)
Permit required.
It shall be unlawful for any person
to build residential or commercial buildings or structures within
the city without first applying for and receiving a permit. It shall
also be unlawful to begin construction of any residential or commercial
improvements until a permit has been issued by the city and all such
construction shall be in accordance with the requirements of the permit.
(Ordinance 2018-18 adopted 7/17/18; Ordinance 2020-17, sec. VII, adopted 6/16/20)
(a)
Code adopted.
The city hereby adopts a certain document
being marked and designated as the 2015 edition of the “International
Plumbing Code,” published by the International Code Council,
as may be amended. Such document, as may be amended, is hereby adopted
as the “plumbing code” of the city, and as such shall
apply to all plumbing construction applications; and each and all
of the regulations, provisions, penalties, conditions and terms of
said International Plumbing Code, which is adopted and made a part
hereof as if fully set out in this section. The plumbing code shall
also include appendices C through E as hereby designated by the city
council.
(b)
Permit required.
It shall be unlawful for any person
to build residential or commercial buildings or structures within
the city without first applying for and receiving a permit. It shall
also be unlawful to begin construction of any residential or commercial
improvements until a permit has been issued by the city and all such
construction shall be in accordance with the requirements of the permit.
(c)
Compliance required.
Additions, alterations, renovations
or repairs to any plumbing system shall conform to that required for
a new plumbing system without requiring the existing plumbing system
to comply with all the requirements of this code.
(Ordinance 06-04-18E, ex. A, sec.
9.3, adopted 4/18/06; Ordinance 2018-18 adopted 7/17/18; Ordinance 2020-17, sec. VIII, adopted 6/16/20)
(a)
Code adopted.
The city hereby adopts a certain document
being marked and designated as the 2015 edition of the “International
Mechanical Code,” as developed by the International Code Council,
as may be amended. Such document, as may be amended, is hereby adopted
as the “mechanical code” of the city, and as such shall
apply to all mechanical construction applications; and each and all
of the regulations, provisions, penalties, conditions and terms of
said International Mechanical Code, which is adopted and made a part
hereof as if fully set out in this section. The mechanical code shall
also include appendix A as hereby designated by the city council.
(b)
Permit required.
It shall be unlawful for any person
to build residential or commercial buildings or structures within
the city without first applying for and receiving a permit. It shall
also be unlawful to begin construction of any residential or commercial
improvements until a permit has been issued by the city and all such
construction shall be in accordance with the requirements of the permit.
(Ordinance 2018-18 adopted 7/17/18; Ordinance 2020-17, sec. IX, adopted 6/16/20)
The city hereby adopts a certain document being marked and designated
as the 2015 edition of the “International Energy Conservation
Code,” as developed by the International Code Council, as may
be amended. Such document, as may be amended, is hereby adopted as
the “energy conservation code” of the city, and as such
shall apply to all energy conservation construction applications;
and each and all of the regulations, provisions, penalties, conditions
and terms of said International Energy Conservation Code, which is
adopted and made a part hereof as if fully set out in this section.
The city council may establish procedures for the administration and
enforcement of the energy conservation code and may adopt local amendments
to the International Energy Conservation Code.
(Ordinance 2019-33 adopted 5/21/19)
(a)
Permit required.
It shall be unlawful for any person
to grade or fill a vacant lot without first applying for and receiving
a permit for such grade and fill from the city in compliance with
this article.
(b)
Permit standards.
(1)
In considering whether to issue a grade and fill permit, the city
shall require from the applicant a drainage study on the impact of
the proposed drainage patterns on neighboring properties and waterways.
(2)
The applicant must submit information describing the intended use
of the property and the necessity for the grade and/or fill improvements.
(3)
A permit for the stockpiling of any dirt or other fill material may
only be for a temporary period not to exceed one hundred and eighty
days (180).
(4)
No permit for the stockpiling of any dirt or other fill material
will be issued. The grading on a property with an approved grade and
fill permit must be completed within fifteen (15) days of the date
the grade and fill permit is issued, unless otherwise extended by
the city.
(Ordinance 06-04-18E, ex. A, sec.
12, adopted 4/18/06; Ordinance
12-03-20B, sec. II, adopted 3/20/12)
The city hereby adopts the 2015 edition of the “International
Fuel Gas Code,” published by the International Code Council,
Inc. as may be amended. Such document, as may be amended, is hereby
adopted as the fuel gas code of the city for regulating the design,
construction, quality of materials, installation, alteration, repair,
location, relocation, replacement, addition to and use or maintenance
of natural gas and propane gas facilitate and utility lines in the
city, and providing for the issuance of permits and collection of
fees therefor; and each and all regulations, provisions, penalties,
conditions and terms of such “International Fuel Gas Code”
which is adopted and made a part hereof as if fully set out in this
section.
(Ordinance 2020-17, sec. X, adopted 6/16/20)
The city hereby adopts the 2015 edition of the “International
Pool and Spa Code,” published by the International Code Council,
Inc., as may be amended. Such document, as may be amended, is hereby
adopted as the “pool and spa building code” of the city
for regulating the design, construction, quality of materials, installation,
alteration, repair, location, relocation, replacement, addition to
and use or maintenance of swimming pools and spas, and providing for
the issuance of permits and collection of fees therefor; and each
and all regulations, provisions, penalties, conditions and terms of
such “International Pool and Spa Code,” which is adopted
and made a part hereof as if fully set out in this section. Additional
requirements for final approval of a pool and spa include: (1) a four
foot (4') tall temporary fence must be in place at all times during
construction until the permanent fence is installed; and (2) the permanent
barrier must be in place immediately after the temporary fence has
been removed and must meet all code requirements.
(Ordinance 2020-15 adopted 6/16/20)
