§ 6-1. International Building Code adopted.

The International Building Code, 2015 Edition excluding Chapter 11 (Accessibility) and including Appendix Chapters C, F, and G, as published by the International Code Council, is hereby adopted and incorporated by reference as though it was copied herein fully as the Building Code of the City of Shavano Park. The following sections are hereby revised:

(1)

Section 101.1. Insert: City of Shavano Park

(2)

Section 105.2 Building list of exemptions, delete the following items:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area is not greater than 120 square feet (11 m )

2. Fences not over 7 feet (2134 mm) high

(3)

Add Section 105.5.1 to read as follows:

R105.5.1 Master permit expiration. Master permits are valid for 15 months. The City Manager is authorized to grant 180-day extensions in writing with justifiable cause demonstrated

(4)

Add Section 107.6 to read as follows:

107.6 As Built Construction Documents. On completion of construction and prior to issuance of a certificate of occupancy, the building official may request a copy of finished drawings (as built) to be provided to the City in an electronic format acceptable by the building official.

(5)

Section 111 is hereby repealed and replaced with the following:

Section 111.1 — Certificate of occupancy required

(a) Required. No commercial building or structure shall be used or occupied and no change in the existing occupancy classification 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.

(1) Existing buildings.

(i) A new certificate of occupancy is required for a property whenever there is a new business, re-location of existing businesses, change in business ownership, or change of business name.

(ii) A new certificate of occupancy is required whenever there is a change in occupancy classification, or whenever there is a change of subclassification within the same major occupancy classification, as defined in the International Building Code.

(iii) A new certificate of occupancy shall also be required whenever a remodel or renovation exceeds 50% of the total square feet of the building or section thereof or cost more than 50% of the assessed value, or building addition project is undertaken, regardless of the status of the occupancy classification. Any additions, renovations or remodels that require a new Certificate of occupancy must meet the current building and fire codes.

(iv) A new certificate of occupancy may be required by the building official if it has been more than two years since the subject premises was inspected throughout and the owner or occupant is seeking any regulatory approval associated with the premises.

(2) New buildings or Tenant.

(i) A certificate of occupancy is required for new commercial buildings prior to occupying. A certificate of occupancy will only be issued after completing all required building final inspections, final fire inspection and any other required inspections.

(ii) A certificate of occupancy is required for commercial buildings that are built as a shell. Shell buildings' certificate of occupancy are issued for the common areas only if a common usable space is inside of the shell building. This would include common corridors, elevator lobbies and bathrooms located in a common area.

(iii) A certificate of occupancy is required for any new tenant space leased or sold prior to occupying said space.

Section 111.2 — Certificate of occupancy applications, issuance and display

(a) Applications. An application for a certificate of occupancy shall be obtained through the City of Shavano Park Permit Office located at 900 Saddletree Court, Shavano Park, Texas 78231.

(b) Temporary certificate of occupancy. The Building Official is authorized to issue a temporary certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The Building Official shall set a time period during which the temporary certificate of occupancy is valid.

(c) Issuance. After all inspections, as deemed necessary by the City of Shavano Park Code of Ordinances, find the building or structure contains no violations of the provisions of the City of Shavano Park Code of Ordinances, the Building Official shall issue a certificate of occupancy through the Permit Office. The issuance or granting of a certificate of occupancy shall not be construed to be a permit for, or an approval of, any violation of the City of Shavano Park Code of Ordinances. The certificate of occupancy shall contain the following:

(1) The permit number.

(2) The address of the structure

(3) The name and address of the owner, or the owner's authorized agent.

(d) Display. A certificate of occupancy shall be prominently displayed within the building for which the certificate was issued, and shall be visible to building occupants, patrons, and public officials. In a case where the building to which the certificate pertains is not publicly accessible, as in the case of apartment buildings, the certificate shall be displayed within the business office of the facility.

Section 111.3 — Certificate of occupancy fees and penalties

(a) Fees. The fee for the certificate of occupancy application is set forth in Appendix A — City of Shavano Park Fee Schedule.

(b) Penalties.

(1) It is unlawful to occupy any building that does not have a validly issued certificate of occupancy or temporary certificate of occupancy.

(2) Operation of a business or office without a valid certificate of occupancy issued in accordance with this section may result in temporary closure of the event, structure or space until the required certificate of occupancy is obtained.

(3) Should the City of Shavano Park determine an event, structure or space is open to occupancy and that said event, structure or space does not have a valid certificate of occupancy, a notice shall be delivered to the responsible party, property owner or senior occupant of the operating premises notifying them of the violation.

(4) The occupant, owner, or owner-occupant shall respond to the notification within five (5) working days by presenting a valid certificate of occupancy or will be forced to vacate premises per the Fire Code.

(5) In the event of closure, a placard shall be placed at the facility noting the facility is closed to the public pending a valid certificate of occupancy. The placard shall not be removed until a valid certificate of occupancy is obtained and shall only be removed by the City Manager or his designee. Removal of the placard is prohibited.

Section 111.4 — Certificate of occupancy fees and penalties

(a) Ownership. A certificate of occupancy remains the property of the City of Shavano Park, and is considered a license to occupy the building under the conditions of issuance.

(b) Revocation. The Building Official or Fire Marshal is authorized to suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of the City of Shavano Park Code of Ordinances.

(6)/Section 113 is hereby repealed.

(7)/Section 202, amend the following definition to read as follows:

BUILDING OFFICIAL. The building official is the City Manager, or their designee.

(8)/Section 903, add paragraph 903.6 to read as follows:

Any building over two (2) stories, twenty-five (25) feet in height, shall be defined as a high-rise building and shall have automatic sprinkler protection, fully electrically supervised and designed in accordance with the Standard for Installation of Sprinklers (NFPA-13). The determination of the above said twenty-five (25) feet shall be from the finished grade level to the eave of the roof.

(9)/Section 903, add paragraph 903.7 to read as follows:

All buildings of more than two (2) stories shall have automatic sprinklers that meet specifications of NFPA-13 on all floors.

( Ord. No. 0-2015-018 , § 2, 9-28-2015)