The town hereby adopts the Standard Specifications for Public
Works Construction, first edition, 1995, and the further amendments
thereto, as promulgated by the North Central Texas Council of Governments.
A copy of such publication shall be maintained at all times in the
office of the town secretary.
(1998 Code, sec. 150.01)
(1998 Code, sec. 150.15)
The town’s building official shall have the authority
and power to enforce all provisions of the International Building
Code, the International Fire Code, the International Mechanical Code,
and the International Plumbing Code. The town’s fire chief shall
have the authority to enforce all provisions of the International
Fire Code.
(1998 Code, sec. 150.21)
(a)
Application.
All persons desiring to construct, refurbish,
remodel or improve any building or structure within the corporate
limits of the town shall make application for a building permit for
said structure with the town secretary. All applications for building
permits shall be accompanied by a site plan in duplicate together
with such additional copies as the town secretary determines to be
necessary for review by other administrative officers and agencies,
which shall be drawn to scale, showing the actual dimensions and shape
of a lot to be built upon, the exact size and location of the building
on the lot already existing, if any, and the location and dimensions
of proposed buildings, structures or alterations. Any application
shall include such other information as lawfully may be required by
the town secretary, including existing or proposed uses of the building
or structure and land, conditions existing on the lot, and such other
matters as may be necessary to determine conformance with the town’s
zoning and subdivision control ordinance, and provide for the enforcement
of these regulations.
(b)
Issuance.
Building permits are to be issued by the town
secretary upon the approval of the town building official. All new
construction of buildings, structures, fixed or movable, and remodeling
or refurbishing of same; swimming pools; mobile homes; prefabricated
structures; portable buildings; outbuildings; and all other buildings
or structures within the corporate limits of the town must comply
with this chapter, and a building permit will be issued only when
such compliance is assured. No placement, construction, remodeling,
refurbishment or construction of any kind of any building or structure
may be commenced prior to the issuance of a building permit.
(c)
Fees.
The town council may from time to time revise
building permit fee schedules by resolution when the council determines
that such changes in the schedule of fees are necessary for the effective
administration and enforcement of the building codes adopted by the
town.
(d)
Additional
regulations applicable to the subdivisions known as Oakwood Estates
Phase II and Oakwood Estates Phase III are adopted herein by reference
as if fully set forth herein. Said additional regulations are on file
in the office of the town secretary.
(Ordinance 2015-31 adopted 11/3/15)
(a)
Required.
No building or structure shall be used or
occupied, and no change in the existing occupancy or character of
occupancy of a building or structure, or portion thereof, shall be
made until the building official has issued a certificate of occupancy
therefor as provided herein.
(b)
Residential dwellings.
Once an original certificate
of occupancy has been issued for a residential dwelling, and where
no change has been made to the dwelling or property that would require
a new building permit or inspection, a new certificate of occupancy
shall not be required when a new resident thereafter occupies the
residential dwelling.
(c)
Application.
Any person required to obtain a certificate
of occupancy shall make application for such certificate to the town
secretary.
(d)
Fee.
A fee as set forth in the fee schedule in appendix A of this code, to cover the administration and inspections required for the issuance of a certificate of occupancy, shall be collected at the time of application.
(e)
Issuance; contents.
After the building official inspects
the building or structure and finds no violation of the provisions
of this code or other laws which are enforced by the code enforcement
agency, the building official shall issue a certificate of occupancy
which shall contain the following:
(1)
The building permit number.
(2)
The address of the building.
(3)
The name and address of the owner.
(4)
A description of that portion of the building for which the certificate
is issued.
(5)
A statement that the described portion of the building has been inspected
for compliance with the requirements of this code for the group and
division of occupancy and the use for which the proposed occupancy
is classified.
(6)
The name of the building official.
(f)
Temporary certificate.
If the building official finds
that no substantial hazard will result from occupancy of any building
or portion thereof before the same is completed, a temporary certificate
of occupancy may be issued for the use of a portion or portions of
a building or structure prior to the completion of the entire building
or structure.
(g)
Issuance not approval of violation.
Issuance of a certificate
of occupancy shall not be construed as an approval of a violation
of any provision of the building code, the Code of Ordinances of the
town, or any other ordinance of the town, or any other law applicable
to said property.
(h)
Posting.
The certificate of occupancy shall be posted
in a conspicuous place on the premises and shall not be removed except
by the building official.
(i)
Revocation.
The building official may, in writing, suspend
or revoke a certificate of occupancy issued under the provisions of
this code whenever the certificate is issued in error, or on the basis
of incorrect information supplied, or when 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.
(j)
Existing commercial uses.
All existing commercial uses of property, buildings, or structures shall require a certificate of occupancy to be on file with the town secretary. Any such commercial use operating within the corporate limits of the town on the effective date of this section without having a certificate of occupancy on file with the town shall have a grace period of 90 days within which to make application for and obtain such certificate, and during such period such existing commercial use shall not be considered in violation of this section. The fee established in subsection (d) of this section to cover the issuance of a certificate of occupancy shall be waived for such existing commercial uses during this 90-day grace period, which shall run from the effective date of this section. Thereafter, any such existing commercial uses without the required certificate of occupancy on file shall be in violation of this section and no longer exempt from the payment of the required fee.
(1998 Code, sec. 150.24)
(a)
All
building permit fees, as that term is defined for purposes of Texas
Local Government Code § 214.908 (as amended), are reauthorized
by vote of the town council.
(b)
The
town secretary shall take appropriate steps to ensure that a public
hearing is scheduled and timely noticed to be held no later than the
9th anniversary of the effective date of this section (on or before
January 1, 2033) so that the town council may thereafter determine
whether to reauthorize some or all of the town's building permit fees
to prevent abolition by operation of Texas Local Government Code § 214.908
(as amended).
(Ordinance 2023-34 adopted 12/5/2023)
