The certain standard code known as the International Building Code, 2006 Edition, published by the International Code Council, is hereby incorporated by reference and made a part of this article, save and except such portions as may be deleted or amended by ordinance. There shall be no fewer than three copies of the standard code incorporated by reference and kept on file in the office of the city clerk and kept available for inspection by the public at all reasonable hours. The filed copies of the standard code shall be marked “Official Copy as Incorporated by the Code of the City of Caney.” All sections or portions of the filed copies of the standard code shall be clearly marked to show deletions from the standard code.”

(Code 1988; Ord. 2051; Code 2022)

Definitions of terms as used in this article shall be as follows:

(a)   Municipality as used in this code, shall mean the City of Caney;

(b)   Building Official as used in this code, shall mean the building inspector of the City of Caney.

(c)   Builder or Building Contractor: Any person who:

(1)   Undertakes with or for another from and after the effective date of this article, to build or construct any new residential building, or who undertakes with or for another to build, construct, alter, add to, or repair any new or existing commercial or industrial building, structure or portion thereof within the city for a fixed fee, price, percentage or compensation, or;

(2)   Advertises or represents to the public as having the capacity or ability to build, construct, alter, add to, or repair any building, structure or portion thereof, insofar as the same may apply to new residential buildings erected after the effective date hereof or the building or remodeling of new or existing commercial or industrial buildings as of the effective date hereof, or;

(3)   Builds or constructs any new residential building after the effective date hereof, or builds, constructs, alters, adds to or repairs any new or existing commercial or industrial building, structure or portion thereof, either on the builders or building contractor’s own or other property for the purpose of speculation.

(d)   New Building - Any building, construction, alteration, addition or repair of any existing residential, commercial or industrial building which increases its square footage after the construction by 50 percent or more of the existing square footage prior to the date of construction.

(Code 1988)

There is hereby created the office of building inspector of the city who shall be appointed by the mayor with the consent of the governing body. The building inspector shall be qualified by work experience, and shall be familiar with the Uniform Building, Plumbing and Electrical Codes.

(Code 1988)

It shall be the duty of the building inspector to:

(a)   Receive applications required by the building code, issue permits and furnish prescribed certificates;

(b)   Examine the premises for which permits have been issued and make necessary inspections to see that the provisions of law are complied with and that construction is prosecuted safely;

(c)   Enforce all provisions of the building code;

(d)   Make investigations in connection with matters referred to in the building code and render written reports on the same.

(e)   Issue such notices or orders as may be necessary, in order to enforce compliance with law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction or to require adequate exit facilities in buildings and structures.

Inspections required under the provisions of the building code shall be made by the building inspector or his or her duly appointed assistant. The building inspector may accept reports of inspectors of recognized inspection services, after investigation of their qualifications and reliability. No certificate called for by any provision of the building code shall be issued on such reports unless the same are in writing and certified to by a responsible officer of such service.

The building inspector shall not be required to inspect any repair or interior remodeling of a residential structure existing as of the effective date hereof, unless a new building as defined in section 4-102 is erected.

(Code 1988)

(a)   The building inspector shall keep comprehensive records of applications, of permits issued or certificates issued, of inspections made, of reports rendered, and of notices or orders issued.

(b)   All such records shall be open to public inspection during stated office hours, but shall not be removed from the office of the building official without his or her written consent.

(Code 1988)

The building inspector in the discharge of his or her official duties and upon proper identification shall have authority to enter any building, structure or premises at any reasonable hour.

(Code 1988)

No person shall erect, construct or enlarge any building or structure in the city, or cause the same to be done, without first obtaining a separate building permit for each such building or structure from the city clerk.

(Ord. 769; Ord. 2071; Code 2022)

To obtain a permit the applicant shall first file an application therefore in writing on a form furnished for that purpose. Every such application shall:

(a)   Identify and describe the work to be covered by the permit for which application is made;

(b)   Describe the land on which the proposed work is to be done, by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or work;

(c)   Indicate the use or occupancy for which the proposed work is intended;

(d)   Be accompanied by plans and specifications for proposed construction;

(e)   Be signed by the permittee, or his or her authorized agent, who may be required to submit evidence to indicate such authority.

(f)   Give such other information as reasonably may be required by the city clerk.

(Ord. 769, Sec. 2)

(a)   The city clerk shall review all building permit applications to determine if the site of the proposed construction is reasonably safe from flooding and to make recommendations for construction in all locations which have flood hazards.

(b)   The city clerk in reviewing all applications for construction in flood hazard locations within the city shall require that any such proposed construction or substantial improvements must;

(1)   Be designed and anchored to prevent the flotation, collapse or lateral movement of the structure or portion of the structure due to flooding.

(2)   Use of construction materials and utility equipment that are resistant to flood damage.

(3)   All public utilities and facilities are located so as to minimize or eliminate flood damage.

(4)   New water and sewer systems shall be constructed to eliminate or minimize infiltration; moreover, on-site waste disposal systems will be designated to avoid impairment.

(c)   The governing body hereby designated Flood Hazard Boundary Map(s) No. 20 125 0780 01 dated February 15, 1974 and amendments, as the official maps, delineating certain zones with relative degrees of flood hazard.

(d)   The governing body will cooperate with neighboring jurisdictions with respect to adjoining drainage areas and flood prone areas in order to prevent aggravation of the flooding problem, and will work with appropriate state and federal agencies in every way possible in complying with the National Flood Insurance Program.

(Ord. 769, Secs: 3:6)