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HomeMy WebLinkAboutPart 05 Building Regulations and Codes Building Regulations and Codes PART 5 BUILDING REGULATIONS AND CODES CHAPTER 1 BUILDING CODE AND PERMITS Section 5-101 Building Code Adopted Section 5-102 Additions and Changes to Building Code Section 5-103 Effective Date Section 5-104 Building Inspector, Appointment, Duties Section 5-105 Fire Limits Section 5-106 Non-Liability of City Section 5-107 Building Permit Required, Fee Section 5-108 Certificate of Occupancy Requirements Section 5-109 Review of Building Permits, Subdivision and Water/Sewer Plans for Flood Plain Purposes Section 5-1 10 Penalty Section 5-111 Relief in the Courts CHAPTER 2 PLUMBING REGULATIONS Section 5-201 Adoption of Plumbing Code. Section 5-202 Additions, Insertions and Changes to Plumbing Code Section 5-203 Effective Date Section 5-204 Plumber's Registration Section 5-205 Plumbing Contractor's Bond - Repealed Section 5-206 Plumbing Inspector- Electrical Inspector, Office Created, Duties Section 5-207 Revocation of Plumbing License or Permit Section 5-208 Fines, Violations CHAPTER 3 ELECTRICAL INSTALLATIONS Section 5-301 Adoption of the Electrical Code Section 5-302 Electrician's Registration Section 5-303 Bond Required - Repealed Section 5-304 Issuance of Permits, Violation CHAPTER 4 GAS PIPING Section 5-401 Rules Adopted Section 5-402 Inspection; Fee Page 5-1 Building Regulations and Codes CHAPTER 5 LIQUEFIED PETROLEUM GAS Section 5-501 Persons Must Comply With State Law Section 5-502 Inspection, Fee Section 5-503 Loading into Containers in Excess of 500 Gallons Prohibited Section 5-504 Trucks Not to Operate on Certain Streets and Highways; Exceptions Section 5-505 Trucks to be properly labeled. Section 5-506 Trucks to be subject to certain rules and regulations. Section 5-507 Driver to Give Notice of Breakdown Section 5-508 Not to Park, Store, or Keep the Trucks within the City Limits Section 5-509 Installation of LPG System for pomestic Use Requires Permit Section 5-510 Penalty CHAPTER 6 FAIR HOUSING Section 5-601 Purposes and Construction Section 5-602 Housing Discrimination Acts Prohibited Section 5-603 Exemptions Section 5-604 Fair Housing Council Created Section 5-605 Duties of Fair Housing Council Section 5-606 Procedure for Complaints Section 5-607 Hearing, Notice, Content, Rules and Regulations Section 5-608 Notices Section 5-609 Penalty CHAPTER 7 PROPERTY MAINTENANCE Section 5-701 Adoption of Property Maintenance Code Section 5-702 Additions, Insertions and Changes Section 5-703 Effective Date CHAPTER 8 MECHANICAL CODE Section 5-801 Adoption of Mechanical Code Section 5-802 Additions, Insertions and Changes Section 5-803 License Required; Repealed Section 5-804 Bond Required; Repealed Section 5-805 Mechanic's Registration Page 5-2 Building Regulations and Codes CHAPTER 9 HOUSE MOVING Section 5-901 License Required to Engage in House Moving Business Section 5-902 Bond Section 5-903 Permit Required; Fee Section 5-904 Permit Application Section 5-905 Relating Valuations Section 5-906 Building Inspector May Refer Application to City Council Section 5-907 Setback Line Water Service Denied; Exception Section 5-908 Penalty for Failure to Obtain Moving License or Moving Permit. Section 5-909 Diligence Required Section 5-910 Moving Operations to be Continuous Section 5-911 Nuisances and Abatement Section 5-912 Warning Lights required CHAPTER 10 REMODELING Section 5-1001 Temporary Inspector Section 5-1002 Compensation; Special Building Inspector Section 5-1003 Building Permits Required Section 5-1004 Application for Building Permit Section 5-1005 Issuance of Permits; Expiration, Approval or Disapproval Section 5-1006 Revocation of Permits Section 5-1007 Permit Denied, When Section 5-1008 Repealed Section 5-1009 Establishment of Valuations; Definition of"Value," Valuation" CHAPTER 11 DRILLING AND MINING Section 5-1 101 Drilling, Mining Prohibited Section 5-1102 Construction Section 5-1103 Assisting in Violation of Ordinance Prohibiting Nuisance Section 5-1104 Public Nuisance a Misdemeanor Section 5-1 105 Exceptions: Operations before Effective Date; Cleaning or Plugging of Gas and Oil Wells CHAPTER 12 LOW INCOME HOUSING TAX CREDIT HEARING Section 5-1201 Definitions Section 5-1202 Jurisdiction of the City Council Section 5-1203 Mayor's Responsibility Section 5-1204 Notice of Hearing Section 5-1205 Hearing Procedure Section 5-1206 Determination of the City Council Page 5-3 Building Regulations and Codes CHAPTER 13 ENGINEERING DESIGN CRITERIA, CONSTRUCTION STANDARDS AND STANDARD DETAILS Section 5-1301 Purpose Section 5-1302 Purposes, Interpretation, and Jurisdiction Appendix A Engineering Design Criteria, Construction Standards and Standard Details Page 5-4 Building Regulations and Codes CHAPTER 1 BUILDING CODE AND PERMITS Section 5-101 Building Code Adopted Section 5-102 Additions and Changes to Building Code Section 5-103 Effective date Section 5-104 Building Inspector, Appointment, Duties Section 5-105 Fire Limits Section 5-106 Non-Liability of City Section 5-107 Building Permit Required, Fee Section 5-108 Certificate of Occupancy Requirements Section 5-109 Review of Building Permits, Subdivision and Water/Sewer Plans for Flood Plain Purposes Section 5-1 10 Penalty Section 5-111 Relief in the Courts SECTION 5-101 BUILDING CODE ADOPTED There is hereby adopted by the City Council for the purposes of prescribing regulations governing the conditions and maintenance of all property, buildings, and structures, that certain code known as International Building Code, latest edition, excluding all Appendix Chapters, as published by the International Code Council, be and is hereby adopted as the Building Code of the City of Owasso, in the State of Oklahoma, for regulating and governing the conditions and maintenance of all property, buildings, and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code on file in the City Clerk's office of the City of Owasso are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in this ordinance. (Ord. No. 921, 6/17/08) SECTION 5-102 ADDITIONS AND CHANGES TO BUILDING CODE The following sections of the BOCA Basic Building Code are hereby revised: 1. Section 100.1 (page one, second line), 1800.5, insert: City of Owasso; 2. Section 103.4 (page three, first line), insert: June 5, 1979; 3. Section 114.3.1 (page eleven, first line), insert: Resolution of the City of Owasso, 87-13 and 86-16; 4. Section 117.4 (page thirteen, fifth, sixth and seventh lines), insert: "Offense", $200.00, thirty (30) days; 5. Section 118.2 (page thirteen, fourth and fifth lines), insert: Not greater than the penalty as provided in Section 1-108 of the City Code of Ordinances;" and 6. Section 2906.1 (page four hundred thirty-eight, first, second and third lines), insert: as provided pursuant to ordinance of the City of Owasso, Number 309. Page 5-5 Building Regulations and Codes (Prior Code, Sec. 4-4; Ord. No. 389, 5/17/88) SECTION 5-103 EFFECTIVE DATE The BOCA Basic Building Code shall become effective in the city on June 5, 1979. (Prior Code, Sec. 4-4) SECTION 5-104 BUILDING INSPECTOR, APPOINTMENT, DUTIES A. The building inspector of this city shall have the powers and duties prescribed for the "building official" by this code and the building code. His powers and duties may be exercised by his authorized representatives under his supervision and control. B. The city manager shall appoint the building inspector. The building inspector may also hold other positions in the city government. SECTION 5-105 FIRE LIMITS It is unlawful for any person to erect, or to have erected, any building, shed, or shack, or any addition thereto, built of lumber, corrugated or smooth iron, or any such other non-fireproof material, or to make any material repairs to such type of building, upon the blocks, or portions thereof, which are hereby declared to be the fire limits of the city. The fire limits shall be set by the city council. SECTION 5-106 NON-LIABILITY OF CITY This chapter shall not be construed as imposing upon the city any liability or responsibility for damages to any person injured by any defect in any new construction, repairs, remodeling or maintenance of any structure or building mentioned herein, nor shall the city be held as assuming any such liability or responsibility by reason of the inspection authorized hereunder or the certificate of approval issued by the inspector. (Prior Code, Sec. 4-3) SECTION 5-107 BUILDING PERMIT REQUIRED, FEE A. It is unlawful for any person to construct, alter, or improve or erect any building or structure or to add or to remove one or more rooms to any existing building or structure, without first obtaining a building permit from the city. B. No permit shall be issued, nor shall an amendment to a permit be approved, until all applicable fees have been paid. C. Fees shall be established by City Council Resolution. (Ord 1 1 17, 1 1/21/17) SECTION 5-108 CERTIFICATE OF OCCUPANCY REQUIREMENT A. A new building, with the exception of one (1) and two (2) unit residential dwellings, shall not be occupied nor shall a change in the use of a building or a part of a building or lot, parcel or tract of land be made until after the issuance of a certificate of occupancy therefore. B. The certificate of occupancy shall be issued by the community development department only after satisfactory evidence of the applicant's compliance with all applicable code provisions. Page 5-6 Building Regulations and Codes (Ord. No. 473, 1/5/94) Page 5-7 Building Regulations and Codes SECTION 5-109 REVIEW OF BUILDING PERMITS, SUBDIVISION AND WATER/SEWER PLANS FOR FLOOD PLAIN PURPOSES A. The building inspector shall review all building permit applications for new con- struction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial improvement, including prefabricated and mobile homes must: 1. Be designed or modified, and anchored to prevent flotation, collapse, or lateral movement of the structure; 2. Use construction materials and utility equipment that are resistant to flood damage; and 3. Use construction methods and practices that will minimize flood damage. B. The building inspector shall review subdivision proposals and other pro- posed new developments to assure that: 1. All such proposals are consistent with the need to minimize flood damage; 2. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated, and constructed to minimize or eliminate flood damage; and 3. Adequate drainage is provided so as to reduce exposure to flood hazards. C. The building inspector shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require onsite waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding. (Ord. No. 424, 8/6/80) SECTION 5-1 10 PENALTY Any person who shall engage in any business, trade, or vocation for which a license, permit, certificate, or registration is required by this chapter and part, without having a valid license, permit, certificate, or certificate of registration as required, or who shall fail to do anything required by this chapter or by any code adopted by this chapter, or who shall otherwise violate any provision of this chapter or of any code adopted by this chapter, or who shall violate any lawful regulation or order made by any of the officers provided for in this chapter, shall be guilty of an offense, and upon conviction thereof, shall be fined as provided in Section 1-108 of this code. SECTION 5-1 1 1 RELIEF IN THE COURTS No penalty imposed by and pursuant to this part shall interfere with the right of the city also to apply to the proper courts of the state for a mandamus, an injunction, or other appropriate action against such person. Page 5-8 Building Regulations and Codes Page 5-9 Building Regulations and Codes CHAPTER 2 PLUMBING REGULATIONS Section 5-201 Adoption of Plumbing Code Section 5-202 Additions, Insertions and Changes to Plumbing Code Section 5-203 Effective Date Section 5-204 Plumber's Registration Section 5-205 Plumbing Contractor's Bond - Repealed Section 5-206 Plumbing Inspector- Electrical Inspector, Office Created, Duties Section 5-207 Revocation of Plumbing License or Permit Section 5-208 Fines, Violations SECTION 5-201 ADOPTION OF PLUMBING CODE A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Owasso, Oklahoma, being marked and designated as the International Plumbing Code, including the Appendix Chapters as published by the International Code Council, be and is hereby adopted as the code of the City of Owasso, Oklahoma, for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the City of Owasso, Oklahoma, and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Plumbing Code, 1997 edition, published by the International Code Council, on file in the office of the City Clerk of the City of Owasso, Oklahoma, are hereby referred to, adopted and made a part hereof, as if fully set out in this code. (Ord. No. 574, 4/21/98) State Law Reference: General powers to supervise, regulate plumbing, 59 O.S. Sections 1015, 1020. SECTION 5-202 ADDITIONS, INSERTIONS AND CHANGES TO PLUMBING CODE The following sections are hereby revised as follows: 1. Section 100.1, insert: City of Owasso, Oklahoma; 2. Section 106.5.2, insert: as set by the City Council; 3. Section 106.5.3, insert: One Hundred Percent (100�0); 4. Section 108.4, insert: Offense, $200.00 and/or thirty (30) days in jail; 5. Section 108.5, insert $200.00 and/or thirty (30) days in jail; 6. Section 306.6.1, insert: 18 inches (458); 7. Section 904.1, insert: 10 inches (254); and 8. Chapter 14. Codes, insert: BOCA National Building Code and BOCA National Mechanical Code. (Ord. No. 574, 4/21/98) SECTION 5-203 EFFECTIVE DATE The International Plumbing Code shall take full force and effect on May 30, 1998. Page 5-10 Building Regulations and Codes SECTION 5-204 PLUMBER'S REGISTRATION No person shall practice or engage in the business, trade or occupation of a journeyman plumber, a plumbing contractor, or apprentice unless the person is registered with the state, as required by the regulations of the state health department. (Ord. No. 380, 1988; Ord. No. 814, O6/07/2005) Cross Reference: Suspension of plumber's registration for certain violations, see Section 17- 107. State Law Reference: Plumbers licensed by state to register in city, 59 O.S. Section 1020. SECTION 5-205 PLUMBING CONTRACTOR'S BOND Repealed by Ord. No. 432, 7/16/91. SECTION 5-206 PLUMBING INSPECTOR - ELECTRICAL INSPECTOR, OFFICE CREATED, DUTIES The office of inspector of plumbing and electrical inspector is hereby created and shall be filled and the duties of the office performed by some person appointed by the city manager. Such person shall have at least five (5) years practical experience in plumbing and electrical business and shall not be interested, directly or indirectly, in any firm or corporation engaged in a plumbing or electrical business. The city manager may appoint some other person deemed qualified for such office if such person, within two (2) years after the date of appointment, successfully passes the examination for a license as a plumbing inspector and the examination for the license as an electrical inspector conducted by a recognized national building code or standard service. Such person shall not be interested, directly or indirectly, in any firm or corporation engaged in the plumbing or electrical business. Such plumbing-electrical inspector shall enforce and implement all plumbing regulations as set forth in Chapter 2, Section 5-201 et seq. and electrical installations as set forth in Chapter 3, Section 3-1 et seq., of the Code of Ordinances of the City of Owasso, Oklahoma. (Prior Code, Sec. 5.2; Ord. No. 560, 11/4/97) State Law Reference: Cities and towns to create office of plumbing inspector, 59 O.S. Section 1016. SECTION 5-207 REVOCATION OF PLUMBING LICENSE OR PERMIT Any person, firm or corporation or agent who shall violate a provision of this chapter or fail to comply therewith or with any of the provisions thereof, or violate a detailed statement or plan submitted and approved there under, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of the plumbing code is committed or continued, and upon conviction in the Court of Jurisdiction for any such violation, such person, firm or corporation shall be punished as provided in Section 1-108 of this code. (Prior Code, Sec. 4-6) SECTION 5-208 FINES, VIOLATIONS Noncompliance with the rules and regulations herein set forth shall be grounds for revocation of a permit or license to engage in the business of plumbing in the city. The plumbing inspector is hereby empowered to revoke such plumbing rights or permits when the plumbing inspector deems it is in the best interest of the city so to do. (Prior Code, Sec. 4-6.1) Page 5-11 Building Regulations and Codes CHAPTER 3 ELECTRICAL INSTALLATIONS Section 5-301 Adoption of the Electrical Code Section 5-302 Electrician's Registration Section 5-303 Bond Required - Repealed Section 5-304 Issuance of Permits, Violation SECTION 5-301 ADOPTION OF THE ELECTRICAL CODE There is hereby adopted for the city for the purpose of safeguarding of persons and buildings and their contents from hazards arising from the use of electricity for light, heat, power, radio, signaling and other purposes that certain electrical code known as the Electrical Code of the City of Tulsa (July 1, 1966), also cited as Title 52, revised ordinances of the City of Tulsa, (December, 1980), as amended, of which not less than three (3) copies have been and now are filed in the office of the city clerk of the city. The same is hereby adopted and incorporated as fully as if set out at length herein and the provisions thereof shall be controlling in the construction of all buildings, structures and other subjects therein contained within the corporate limits of the city. (Prior Code, Sec. 4-11) State Law Reference: State electrical regulations, license, examinations, cities may require registration, 59 O.S. Sections 1680 to 1696. SECTION 5-302 ELECTRICIAN'S REGISTRATION No person shall practice or engage in the business, trade or occupation of a journeyman electrician, an electrical contractor, or apprentice unless the person is registered with the state, as required by the regulations of the state health department. (Prior Code, Sec. 4-12; Ord. No. 380, 1988; Ord. No.814, O6/07/2005) SECTION 5-303 BOND REQUIRED Repealed effective July 1, 1988 by Ord. No. 380, 1988. SECTION 5-304 ISSUANCE OF PERMITS, VIOLATION All of the permits and licenses as authorized by this ordinance shall be provided by the city clerk upon the payment of the fees herein set forth, and any person who does any work or performs any services contrary to the provisions of the chapter shall be guilty of a misdemeanor. (Prior Code, Sec. 4-14) Page 5-12 Building Regulations and Codes Page 5-13 Building Regulations and Codes CHAPTER 4 GAS PIPIN G Section 5-401 Rules Adopted. Section 5-402 Inspection; Fee. SECTION 5-401 RULES ADOPTED Pamphlet No. 54 published by the National Fire Protection Association, entitled National Fuel Gas Code, is hereby adopted and incorporated in this code by reference. The pamphlet shall be in full force and effect in the city and shall govern the installation of gas piping and gas appliances in buildings in the city. Any violation of the pamphlet shall be deemed a violation of the ordinances of the city. (Prior Code, Sec. 4-7) SECTION 5-402 INSPECTION; FEE All installations of gas piping within the city, upon completion, shall be inspected by the plumbing inspector, or by the gas inspector if a gas inspector is appointed, and shall not be used by the occupants until approved by the inspector as complying with the rules adopted in Section 5-401 of this code. The fee for such inspection shall be Ten Dollars ($10.00) Page 5-14 Building Regulations and Codes CHAPTER 5 LIQUEFIED PETROLEUM GAS Section 5-501 Persons Must Comply With State Law Section 5-502 Inspection; Fee Section 5-503 Loading Into Containers in Excess of 500 Gallons Prohibited Section 5-504 Trucks Not to Operate on Certain Streets and Highways; Exceptions Section 5-505 Trucks to be Properly Labeled Section 5-506 Trucks to be Subject to Certain Rules and Regulations Section 5-507 Driver to Give Notice of Breakdown Section 5-508 Not to Park, Store, or Keep the Trucks within the City Limits Section 5-509 Installation of LPG System for pomestic Use Requires Permit Section 5-510 Penalty SECTION 5-501 PERSONS MUST COMPLY WITH STATE LAW It is unlawful for any person, firm or corporation to manufacture, fabricate, assemble, install, or repair any system, container, apparatus, or appliance to be used for the transportation, storage, dispensing, or utilization of liquefied petroleum gas, or to transport, handle, or store such gas, unless such person has complied with and complies with all provisions of the law and ordinances relating thereto, and has any license or permit which may be required by state law. Pamphlet Number 58, Storaqe and Handlinq of Liquefied Petroleum Gases issued by the National Fire Protection Association, also adopted for the State of Oklahoma by the Oklahoma Liquefied Petroleum Gas Board, shall have full force and effect within this city and is adopted and incorporated herein by reference. Any violation of these rules and regulations shall be deemed a violation of the ordinances of the city and shall be punished accordingly. (Prior Code, Sec. 4-9) State Law Reference: State liquefied petroleum gas board, regulations 52 O.S. Sections 420.1 et seq. SECTION 5-502 INSPECTION; FEE All liquefied petroleum installations within the city, upon completion, shall be inspected by the plumbing inspector, or by the gas inspector if a gas inspector is appointed, and shall not be used by the occupants until approved by the inspector as complying with this chapter and the rules and regulations adopted thereby. The fee for such inspection shall be Ten Dollars ($10.00). (Prior Code, Sec. 4-10) SECTION 5-503 LOADING INTO CONTAINERS IN EXCESS OF 500 GALLONS PROHIBITED It is unlawful for any person, firm, or corporation to do any bulk loading into approved I.C.C. containers whose capacity exceeds one thousand (1,000 gallons) of liquefied petroleum gases. In such an event, transfer of gases will be made at least ten (10) feet from any building and not more than one (1) container should be on premises at same time. It is unlawful to unload off any railroad tank car, tank, truck or trailer of liquefied petroleum gas within the city limits of the city. (Prior Code, Sec. 8-7; Ord. No. 378, 1988; Ord. No. 459, 3/16/93; Ord. No. 521, 3/19/96). SECTION 5-504 TRUCKS NOT TO OPERATE ON CERTAIN STREETS AND HIGHWAYS; EXCEPTIONS It is unlawful and in violation of this chapter for any person, firm or corporation using a Page 5-15 Building Regulations and Codes truck, truck trailer or any other vehicle transporting liquefied petroleum gas that is not making any delivery within the city limits of the city to use any other street, highway or alley in passing through the city except the designated streets and highways, except the truck has an accident or stoppage by unavoidable cause which is taken care of as provided in Section 5-507 of this code. (Prior Code, Sec. 8-8) SECTION 5-505 TRUCKS TO BE PROPERLY LABELED No tank, truck or trailer used for liquefied petroleum gas shall be driven through the city or make any delivery within the city unless properly labeled with the name of the contents and which has been inspected and approved by the state liquefied petroleum gas administrator. (Prior Code, Sec. 8-9) SECTION 5-506 TRUCKS TO BE SUBJECT TO CERTAIN RULES AND REGULATIONS All tanks, trucks and trailers and liquefied petroleum gas systems used within the city or passing through the city shall be at all times subject to the laws of the state and the rules and regulations of the state liquefied petroleum gas administrator governing liquefied petroleum gas, its use and transportation and handling thereof. (Prior Code, Sec. 8-10) SECTION 5-507 DRIVER TO GIVE NOTICE OF BREAKDOWN In the event of a stop or breakdown of any tank truck or tank trailer used for carrying liquefied petroleum gas on any of the streets, avenues or alleys of the city, the driver of the truck or trailer shall give immediate notice to the fire department of the city as to the location of the truck or trailer or both. (Prior Code, Sec. 8-11) SECTION 5-508 NOT TO PARK, STORE, OR KEEP THE TRUCKS WITHIN THE CITY LIMITS No person, firm or corporation within the city limits shall be allowed to park, store or keep within the limits of their property any tank truck or tank trailer, loaded or empty, used for liquefied petroleum gas. It will be permissible to store any new unused tanks in the city limits, but it will be unlawful to store above ground any tanks above one thousand (1,000) pounds liquid petroleum gases capacity in which liquefied petroleum gases have been made. (Prior Code, Sec. 8-12; Ord. No. 384, 4/15/88) SECTION 5-509 INSTALLATION OF LPG SYSTEM FOR DOMESTIC USE REQUIRES PERMIT Anyone installing a liquefied petroleum gas system for domestic, commercial or other use within the city shall, prior to its use, furnish the city clerk with a notice in writing of the necessity and intention of use of the liquefied petroleum system stating size, location, name and address of proposed installer. The installer of the system will be licensed by the state liquefied petroleum gas administrator before installation, and it is unlawful to install any such tank as not approved by the code of the state liquefied petroleum gas administrator. Any installer upon completion of installation will notify the state liquefied petroleum gas administrator of such installation and request the administrator or his duly appointed representative for an inspection of the installation. Inspection will be made at the discretion of the administrator. It shall be permissible for the passage of railway tank cars through city carrying liquid petroleum gases. (Prior Code, Sec. 8-13) SECTION 5-510 PENALTY Any person, firm, or corporation who violates any provision of this chapter, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in Section 1-108 of Page 5-16 Building Regulations and Codes this code. Each violation shall constitute a separate offense. (Prior Code, Sec. 8-31) Page 5-17 Building Regulations and Codes CHAPTER 6 FAIR HOUSING Section 5-601 Purposes and Construction Section 5-602 Housing Discrimination Acts Prohibited Section 5-603 Exemptions Section 5-604 Fair Housing Council Created Section 5-605 Duties of Fair Housing Council Section 5-606 Procedure for Complaints Section 5-607 Hearing, Notice, Content, Rules and Regulations Section 5-608 Notices Section 5-609 Penalty SECTION 5-601 PURPOSES AND CONSTRUCTION The general purposes of this chapter are: A. To secure for all people equal access to housing in all neighborhoods; and B. To preserve the public safety, health and welfare. (Prior Code, Sec. 4-44) SECTION 5-602 HOUSING DISCRIMINATION ACTS PROHIBITED It is unlawful for any person, real estate broker, real estate salesperson, or corporation: A. To refuse to sell, lease, rent, assign or otherwise transfer the title or other interest in any housing, or real property upon which residential housing is to be constructed to any person, or to discriminate in the terms or conditions of the sale, rental or leasing of any residential housing unit, because of race, sex, religion or national origin; B. To refuse to negotiate with any person for the sale, rental, or leasing of any residential property, or to represent that such property is not available for inspection, sale, rental or lease when in fact it is so available, because of such person's race, sex, religion or national origin; C. To solicit or induce, or attempt to solicit or induce, any person owning any interest in any residential housing to sell, rent or lease, or not to sell, rent or lease such housing to any person on the ground of loss of value due to the present or prospective entry into the neighborhood of a person or persons of another race, sex, religion, or national origin, either by direct solicitation or inducement or by the purchase of other property in the neighborhood for the purpose of such inducement, or to distribute, or cause to be distributed material or making statements designed to induce a residential property owner to sell or lease his property due to such change in neighborhood; or D. To file a complaint alleging a violation of this chapter, with knowledge that such complaint is false in any material respect, or to file such complaint for the sole purpose of harassment. (Prior Code, Sec. 4-45) SECTION 5-603 EXEMPTIONS Page 5-18 Building Regulations and Codes Nothing in this chapter shall apply to the following: A. To prohibit persons from giving preference to prospective buyers or tenants for reasons other than race, color, religion, or national origin; B. To the sale of a dwelling which is, or was at the time when first offered for sale, the principal residence of its owner; C. To the rental of rooms in an owner-occupied residence or in a dwelling and used exclusively as a rooming house; D. To the rental or leasing of a housing unit in a building containing less than four housing units; or E. To the rental or leasing of a dwelling or housing unit owned by a religious or fraternal organization, or private club used and occupied for such organizational purposes. SECTION 5-604 FAIR HOUSING COUNCIL CREATED There is hereby created a Fair Housing Council of the city, hereinafter referred to as "council", which shall be composed of the members of the city council. All appointments to the council shall be the same as and run concurrently with the term of office of the city council. (Prior Code, Sec. 4-47) SECTION 5-605 DUTIES OF FAIR HOUSING COUNCIL The powers of the fair housing council shall be as follows: A. To prescribe such rules and regulations as it shall deem necessary and expedient for the conduct and carrying out of its functions, and it shall have the power to revoke, suspend, or amend any rule or regulation as administered by the council, regardless of the manner in which prescribed; B. To seek settlement and disposition of any complaint filed with the council by means of conferences and consultation; C. Either by itself or by any officer or person designated for the purposes by it, to investigate and to examine or inquire into the affairs or operation of any person, firm, corporation or association within its jurisdiction; and further when so authorized by the city council for the city. The council shall have the power to employ consultants and professional counsel to aid in such investigations, examinations, or inquiries; D. For the purposes of gathering evidence on any subject, to subpoena and examine witnesses, books, papers, and other effects; and E. To initiate in its name, or to receive and initiate upon the filing of formal charges, complaints against any person, firm, corporation or association violating any of the provisions of this chapter. (Prior Code, Sec. 4-48) SECTION 5-606 PROCEDURE FOR COMPLAINTS A. Any person aggrieved by discriminatory practice prohibited by this chapter may file Page 5-19 Building Regulations and Codes with the fair housing council a complaint in writing, under oath. The complaint shall be signed by the person claiming to be aggrieved, and shall state the name and address of the person alleged to have violated the provisions of this chapter, and shall further set forth the particulars of the violation, and may include such other information as may be required by the council. Complaints filed under this section must be filed within (30) days after the alleged violation. Failure to file within this time shall be considered a waiver of the application of this chapter. The council may issue a complaint on its own initiative, at any time it is within the knowledge of the council that a person has violated any of the provisions of this chapter. B. The council shall investigate each complaint filed with the council, and shall attempt an adjustment of the complaint by means of conference and conciliation. Six (6) days shall be allowed for the purpose of investigation, conference and conciliation. Upon determination that a complaint is not well founded, the council shall dismiss the complaint and notify the complainant and respondent in writing of the dismissal. If the council takes no action within ninety (90) days of the filing of the complaint, it shall be considered as dismissed. (Prior Code, Sec. 4-49) SECTION 5-607 HEARING, NOTICE, CONTENT, RULES AND REGULATIONS A. If the council is unsuccessful by means of conference or consultation in securing compliance with this section by any person, firm, corporation or association against which a complaint has been filed, then a notice in writing shall be served upon the person complained against, hereinafter referred to as the "respondent", notifying the respondent of the alleged violation of the provisions of this chapter and requesting that the respondent answer charges of the complaint at a hearing before the council. B. The council shall give notice of any such hearing at least ten (10) days before the date and time when such hearing has been set. Any and all notices required under the provisions of this chapter may be served personally on any person complained against, or by mailing a copy thereof by certified registered mail, with return receipt requested, to the most current business or residential address of the person. C. The notice shall contain the request for the respondent to appear at a hearing for the purposes of determining whether or not a violation of this chapter has been committed, the hearing shall be held at a certain time and place which shall be specified in the notice. The notice shall advise the respondent that upon failure to comply with the notice, the respondent shall be considered to be in violation of the provisions of this chapter. D. At any such hearing, as provided for above, the complaint shall be heard by the council. At the hearing, the respondent, person, firm, corporation, or association shall appear either in person, or by counsel and shall be required to file a written answer to the complaint. The complainant or person aggrieved by the actions of the person, firm, corporation or association may also appear in person or by counsel at the hearing. The council will then proceed to hold a hearing to determine whether the respondent has committed an act in violation of the provisions of this chapter and which act is detrimental to the health, benefit and welfare of the public, the community, and the citizens of the city. E. The council, when conducting any hearing, shall permit both the person aggrieved and the respondent to introduce any such witnesses, evidence, testimony, or exhibits as either party deems necessary and prudent. Further the council may at such time permit amendments to any written complaint or answer as filed with the council and all testimony taken at the hearing shall be under oath. Either party represented at the hearing shall have the right to request that the testimony be transcribed, or the testimony shall be transcribed at the direction of the council. Page 5-20 Building Regulations and Codes F. If the council finds at any such hearing that the respondent has engaged in discriminatory practices as prohibited by this chapter, it shall state its findings of fact in written report form and forward the report to the city attorney of the city for appropriate action. G. If the council, upon hearing, finds that respondent has not engaged in any discriminatory practices as prohibited herein, it shall so state its findings in written form, and further shall issue and file an order dismissing the complaint. H. The council shall have the authority and right to promulgate such rules and regulations and shall govern, expedite, and assist the foregoing procedures as it deems necessary. It shall further maintain all files as provided for herein. SECTION 5-608 NOTICES Any and all notices required under the provisions of this chapter to be served upon any person, may be served personally on such person, or by mailing a copy thereof by certified or registered mail, with return receipt requested, to the most current business or residence address of such person. SECTION 5-609 PENALTY It is unlawful and constitutes an offense for any person to violate any of the provisions of this chapter. Any person found guilty of violating any provisions shall be deemed guilty of an offense, and is subject, upon conviction, to a fine as provided in Section 1-108 of this code, including costs. (Prior Code, Sec. 4-51) Page 5-21 Building Regulations and Codes CHAPTER 7 PROPERTY MAINTENANCE Section 5-701 Adoption of Property Maintenance Code Section 5-702 Additions, Insertions and Changes Section 5-703 Effective Date SECTION 5-701 ADOPTION OF PROPERTY MAINTENANCE CODE The BOCA Basic Property Maintenance Code, the latest edition thereof, as published by The Building Officials and Code Administrators International, Inc., is hereby adopted as the property maintenance code of the city for the control of buildings and structures as therein provided. Each and all of the regulations of the BOCA Basic Property Maintenance Code are hereby referred to, adopted, incorporated and made a part hereof, as if fully set out in this code with the additions, deletions and changes, if any, prescribed in this chapter. At least three (3) copies of the BOCA Basic Property Maintenance Code shall be kept on file in the office of the city clerk. (Prior Code, Sec. 4-14.1) SECTION 5-702 ADDITIONS, INSERTIONS AND CHANGES The following sections are hereby revised as follows: 1. Section PM-100.1, insert City of Owasso; 2. Section PM-104.7, change to read "at least annually the code official shall submit to the city council a written statement of operations in the form and content as prescribed by the city council"; 3. Section PM-109.2, insert "An offense punishable as provided in Section 1- 108 of the city's Code of Ordinances"; 4. Section PM-110.2, change to read "in order to protect existing structures in the jurisdiction by vigorous enforcement of the provisions of this code, there shall be and is hereby created a Property Maintenance Code Appeals Board hereafter referred to as the board, consisting of five (5) members who shall be appointed by the mayor"; 5. Section PM-110.2.1, change to read "the board shall consist of the city council, or five (5) residents and electors of the jurisdiction appointed by the mayor which may include one person skilled in real estate and property management for at least two (2) years; one general contractor for at least three (3) years; one registered architect or other professional person for at least three (3) years, one citizen who is a renter for at least two (2) years; and one citizen who is a homeowner for at least two (2) years. The members of the board shall appoint one member to act as chairman, who will serve one year. The renter member and the homeowner member will be asked to resign if their status as renter or homeowner is changed. Three (3) of the initial members shall be appointed for a three (3) year term and two (2) members for a two (2) year term. Thereafter, appointments shall be made for two (2) years. The code official shall appoint one member of his department who shall act as secretary to the board"; 6. Section PM-111.3, change to read "the order shall specify a time in which the owner shall comply therewith and specify repairs if any. It shall be served on the owner of record or his agent where an agent is in charge of the building and upon the holder of any encumbrance of record by delivering a copy to him personally; or by leaving the notice at the usual place of abode in the presence of someone in the family of a suitable age and discretion who shall be Page 5-22 Building Regulations and Codes informed of the contents thereof; or by certified or registered mail, addressed to the owner at his last known address with return receipt requested; or if the certified or registered letter is returned with receipt showing that it has not been delivered, by posting a copy thereof in a conspicuous place in or about the structure affected by such notice, and publishing such notice in a local newspaper of general circulation at least once a week for three (3) consecutive weeks"; 7. Section PM-1 1 1.4 (page 9, second line), insert"Twenty (20);" 8. Section PM-111.5, change to read "whenever the owner of a property fails to comply with a demolition order within the time prescribed, the code official may apply to court of competent jurisdiction or to the city council of the city for a demolition order to abate the nuisance. The application shall set forth the date for hearing before the city council and be served upon the property owner as provided in PM-111.3. The court or city council of the city may grant such order when no hearing on the matter is pending. Any demolition order so granted may be recorded in the office of the county clerk of the county. The cost of such demolition shall create a debt in favor of the city against such owner. In the event such owner fails, neglects, or refuses to pay the City of Owasso the amount of this debt within thirty (30) days after demand therefore sent certified mail, return receipt requested, to the property owner at the address shown by the current year's tax rolls in the county treasurer's office, the amount of such cost shall be certified to the county clerk, who shall cause the same to be forwarded to the county treasurer and added to the ad valorem taxes assessed against the property, and when collected shall be paid to the City of Owasso for reimbursement of funds used to pay such costs"; 9. Add Section PM-111 J excavation costs included, "whenever a dwelling is demolished, whether carried out by the owner or by the code official such demolition shall include the filling in of the excavation on which the demolished dwelling is located, in such a manner as to eliminate all potential danger to the public health, safety or welfare arising from such excavation"; 10. Section PM-201, change to read: a. The Director of the Tulsa City-County Health Department or his authorized representative, and the building inspector of the City of Owasso. b. Dwellings: (I) Single-family: A building, other than a mobile home, containing one dwelling unit designed for occupancy by not more than one family; (2) Duplex: A building containing two (2) dwelling units, designed for occupancy by not more than two (2) families; (3) Multi-family. A dwelling designed for occupancy by three (3) or more families living independently of each other exclusive of auto or trailer courts or camps, hotels, or resort type hotels; (4) Boarding house. A dwelling other than a hotel where, for compensation and by pre-arrangement for definite periods, meals or lodging and meals are provided for three (3) or more but not exceeding twelve (12) persons; (5) Hotel: A building or group of buildings under one ownership, containing six (6) or more sleeping rooms occupied, intended or designed to be occupied as the more or less temporary abiding place for persons who Page 5-23 Building Regulations and Codes are lodged with or without meals for compensation, but not including an auto or trailer court or camp, sanatorium, hospital, asylum, orphanage, or building where persons are housed under restraint; (6) Lodging house: Delete. c. Dwelling unit. A room or group of rooms arranged, intended or designed as a habitable unit, containing a kitchen, bath, and sleeping facilities, for not more than one family living independently of any other family; d. Enforcement officer: The Director of the Tulsa City-County Health Department or his authorized representative, and the building inspector of the City of Owasso; e. Family: One or more persons occupying a single dwelling unit; provided that, unless all members are related by blood, marriage, or other domestic bonds, no such family shall contain over five (5) persons, but further provided, that domestic servants may be housed on the premises without being designated as a family; f. Junk vehicle: Delete; g. Subparagraph 7 under public nuisance: Delete; h. Rooming house: Delete; i. Rooming unit: Delete; j. Structure: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, and includes buildings, walks, fences, and signs; k. Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward; 1 1. Sections PM-291.1.1, delete; PM 301.6, PM 301.10, PM 301.10.1; 12. Section PM-401.3, change to read "Every common hall and stairway in every building, other than single-family dwellings, shall be adequately lighted at all times with an illumination of at least a sixty (60) watt light bulb and the provision for a safety light. Such illumination shall be provided throughout the normally traveled stairs and passageways"; 13. Sections PM-501.2 and PM 501.3: Delete; 14. Section PM-801.2, change to read "Every occupant of a structure or part thereof shall dispose of all his rubbish in a clean and sanitary manner by placing it in containers as may be required by applicable laws and ordinances"; 15. Section PM-801.3, change to read "Every occupant of a structure or part thereof shall dispose of his garbage in a clean and sanitary manner by placing it in garbage disposal facilities as may be required by applicable laws and ordinances"; 16. Section PM-801.4, change to read "Every dwelling unit shall be supplied with an Page 5-24 Building Regulations and Codes approved garbage disposal facility, which may be any adequate mechanical garbage disposal unit (mechanical sink grinder), in each dwelling unit, to be approved by the building official, in the structure for use of the occupants of each dwelling unit, or approved outside containers as may be required by applicable laws and ordinance"; and 17. Section PM1801.5: Delete. (Prior Code, Sec. 4114.2) SECTION 5-703 EFFECTIVE DATE The BOCA Basic Property Maintenance Code shall become effective in the city on May 1, 1982. Page 5-25 Building Regulations and Codes CHAPTER 8 MECHANICAL CODE Section 5-801 Adoption of Mechanical Code Section 5-802 Additions, Insertions and Changes Section 5-803 License Required; Fee; Repealed Section 5-804 Bond Required; Repealed Section 5-805 Mechanic's Registration SECTION 5-801 ADOPTION OF MECHANICAL CODE Certain documents, three (3) copies of which are on file in the office of the City Clerk of the City of Owasso, Oklahoma, being marked and designated as the International Mechanical Code, including the Appendix Chapters as published by the International Code Council, be and is hereby adopted as the code of the City of Owasso, Oklahoma, for regulating the design, construction, quality of materials, erection, installation, alternation, repair, location, relocation, replacement, addition to, use or maintenance of inechanical systems in the City of Owasso, Oklahoma, and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Mechanical Code, 1996 edition, published by the International Code Council, on file in the office of the City Clerk of the City of Owasso, Oklahoma, are hereby referred to, adopted and made a part hereof as if fully set out in this code. (Ord. No. 573, 4/21/98) SECTION 5-802 ADDITIONS, INSERTIONS AND CHANGES The following sections are hereby revised as follows: 1. Section 101.1, insert: City of Owasso, Oklahoma; 2. Section 106.5.2, insert: as set by the City Council; 3. Section 106.5.3, insert: One Hundred Percent (100�0); 4. Section 108.4, insert: Offense, $200.00 and/or thirty (30) days in jail; 5. Section 108.5, insert: $200.00 and/or thirty (30) days in jail; and 6. Chapter 16. Codes, insert: BOCA National Building Code and BOCA National Fire Prevention Code. (Ord. No. 573, 4/21/98) SECTION 5-803 LICENSE REQUIRED; FEE Repealed by Ord. No. 814, O6/07/2005. SECTION 5-804 BOND REQUIRED Repealed by Ord. No. 432, 7/10/91. SECTION 5-805 MECHANIC'S REGISTRATION No person shall practice or engage in the business, trade or occupation of a journeyman Page 5-26 Building Regulations and Codes mechanic, a mechanical contractor, or apprentice unless the person is registered with the state, as required by the regulations of the state health department. (Ord. No. 380, 1988; Ord. No. 814, O6/07/2005) Page 5-27 Building Regulations and Codes CHAPTER 9 HOUSE MOVING Section 5-901 License Required to Engage in House Moving Business Section 5-902 Bond Section 5-903 Permit Required; Fee Section 5-904 Permit Application Section 5-905 Relating Valuations Section 5-906 Building Inspector May Refer Application to City Council Section 5-907 Setback Line Water Service Denied; Exception Section 5-908 Penalty for Failure to Obtain Moving License or Moving Permit Section 5-909 Diligence Required Section 5-910 Moving Operations to be Continuous Section 5-911 Nuisances and Abatement Section 5-912 Warning Lights Required SECTION 5-901 LICENSE REQUIRED TO ENGAGE IN HOUSE MOVING BUSINESS Every person, firm or corporation engaged in the business of moving buildings or structures within the city, shall obtain a license therefore from the city clerk, and no such license shall be granted until the party, firm or corporation intending to engage in such business shall have filed with the city clerk an application in writing, stating facts as required by this chapter or by the governing body of the city, duly verified by oath, and such applicant shall further give the bond required by the next succeeding section. Any person, firm or corporation in the occupation of house moving within the city shall pay a license fee of Twenty-five Dollars ($25.00) per annum, payable on July 1 of each year. (Prior Code, Sec.4-15) SECTION 5-902 BOND As a condition to issuing the license above, such house mover shall execute a bond to the city in the penal sum of One Thousand Dollars ($1,000.00), with a surety company authorized to do business in the state as surety thereon. Such bond shall be for the benefit of the city and any private person, firm or corporation sustaining damages as the result of moving a building or structure from one place to another in the city by such licensee. Any person, firm or corporation may be conditioned as the city council of the city shall determine and shall be conditioned that: 1. After the license be granted, the licensee will in all respects comply with the ordinances of the city relating to the moving of buildings or structures, and to the use or obstruction of the streets, highways and other places of the city; 2. The licensee will save, indemnify and protect the city from all liability that may arise or be occasioned either directly or indirectly from the moving of the building or structure by such licensee, its agents, servants, employees or subcontractors; and 3. The licensee shall pay all damages which may be caused or occasioned to any person or to any property, either public or private within the city by the licensee, his agents, servants or employees while engaged in any work in connection with the moving of any building or structure, including expense of moving, raising or replacing electric or telephone lines, and any expense of repairing streets, sewers, or public utility lines of or in the city, damaged through such moving of any building or structure. (Prior Code, Sec. 4-16) Page 5-28 Building Regulations and Codes SECTION 5-903 PERMIT REQUIRED; FEE No building or structure shall be moved from one place to another in the city until a permit is obtained from the building inspector for such moving, for which the applicant shall pay a permit fee in such amount as set by the city council from time to time by motion or resolution. (Prior Code, Sec. 4-17, as amended) SECTION 5-904 PERMIT APPLICATION No application for a permit to move any building or structure on, over, along or across any street, highway or public place in the city shall be granted to any person, firm or corporation other than a licensed house mover who shall file with the city building inspector a written application, duly verified, for such permit, definitely stating in such application the following: 1. The type of building or structure to be moved; 2. A certificate of the county assessor of the county, showing the assessed value of such building or structure as reflected by the records of the county assessor of the county, at the location from which the building or structure is to be moved, such assessed valuation being for the preceding year; 3. The dimensions of the length, height and width of such building; 4. The present location and proposed new location by lot, block, subdivision, or tract of land, and street numbers, together with a survey, prepared by a licensed engineer or surveyor, of the property upon which the building or structure is to be located; 5. The approximate time such building will be upon the streets of the city and the contemplated route that will be taken from present to new location; 6. A certificate of the county assessor of the county, showing the assessed valuation of improvements in the block to which such building or structure is to be moved, together with the assessed value of improvements on the property across the street from the proposed location of such building or structure; and 7. A plan or drawing, describing the proposed position of a building or structure shall be placed upon the real property to which same is to be moved, showing respective distances, in feet, from the boundary lines of such real property. (Prior Code, Sec. 4-18) SECTION 5-905 RELATING VALUATIONS No building or structure shall be moved upon any real property in the city which is of less value than the average value of all property in the block in which such building or structure is to be located and across the street from such property, as defined in Section 5-904 of this code, as reflected by the records of the county assessor of the county, as by this section provided. (Prior Code, Sec. 4-19) SECTION 5-906 BUILDING INSPECTOR MAY REFER APPLICATION TO CITY COUNCIL If a protest is filed with the city building inspector by any resident or property owner of the city, objecting to the moving or locating of any house or structure proposed to be moved, as contemplated by this chapter, or if in the opinion of the building inspector any provisions of this Page 5-29 Building Regulations and Codes chapter would be violated, if the application should be granted, or that a proposed moving operation would be extremely dangerous or impractical, or any other ordinance of the city would be violated thereby, the building inspector shall refuse to issue a permit and shall refer any application made for such permit to the city council of the city, and a hearing thereon shall be had before the board at the next regular board meeting. The city council of the city may, in its discretion, disallow such application so submitted to it, may require modifications to be made with relation to such proposed moving operations and grant such applications, with or without modification, unless to do so would result in a violation of law or the ordinances of the city. Whenever the city council shall lawfully approve such application, modified or as originally submitted by the applicant, the building inspector shall forthwith sign and issue a permit pursuant to such application. (Prior Code, Sec. 4-20) SECTION 5-907 SET-BACK LINE WATER SERVICE DENIED; EXCEPTION No permit for water taps shall be issued nor water service supplied by the city for use upon any lot, lots or tract of land in any case where a building or structure has been moved to and placed thereon within an area extending twenty (20) feet from any street front property line of such lot, lots or tract. Provided, that where a lesser distance is established by a duly recorded plat of such real property, as a set-back line, and where same is so established, no building shall be moved upon and permanently placed upon such real property closer to a property set-back line as indicated in such plat; and, any existing water service to any such lot or tract shall be discontinued by the city until compliance with this section shall have been made. (Prior Code, Sec. 4-21) SECTION 5-908 PENALTY FOR FAILURE TO OBTAIN MOVING LICENSE OR MOVING PERMIT Any person, firm or corporation moving or attempting to move any structure or building, without having first obtained a license or permit as provided by this chapter, shall be guilty of an offense, and upon conviction thereof shall be fined as provided in Section 1-108 of this code, including costs. Failure to obtain a license or failure to obtain a permit, as provided by this chapter, shall be and constitute separate offenses. (Prior Code, Sec. 4-22) SECTION 5-909 DILIGENCE REQUIRED The work of moving any building or structure on, over, along or across any street, highway or public place shall be begun within five (5) days after the issuance of a permit therefore, and once begun shall be prosecuted diligently and continuously day and night, Sundays and holidays included, so as not to allow the building or structure to come to a standstill until the same is located on its new site. (Prior Code, Sec. 4-23) SECTION 5-910 MOVING OPERATIONS TO BE CONTINUOUS It is unlawful for any person, firm or corporation, moving or having charge of moving operations, or for the owner of any structure to remain still or standing in and upon any street, highway or public place in the city for a greater period of time than eight (8) hours in any one day. Provided that proof of severe weather conditions developing after moving operations had been commenced, rendering further progress impossible, shall be a defense to a charge of violation of this section. (Prior Code, Sec. 4-24) SECTION 5-911 NUISANCES AND ABATEMENT Any structure or building remaining upon any street, highway or public place in violation of Section 5-910 of this chapter, for more than two (2) consecutive days may be declared by the city council of the city to be a nuisance, and may be abated by the city as other nuisances and Page 5-30 Building Regulations and Codes such building or structure may be removed or demolished and removed by order of the city council. Anyone engaged in the moving of the building or structure shall be liable to the city for the payment of cost and expense incurred to remove or abate the nuisance. Five (5) days written notice, signed by the city clerk or by the chief of police of the city or by the city clerk upon order of the city council of the city of intention to declare such building or structure a nuisance and to remove or demolish the building or structure and abate such nuisance, on or before a date stated in the notice shall be mailed to the owner of such building or structure, or mailed to or served upon any person, firm or corporation in charge of such moving operations. (Prior Code, Sec. 4-24) SECTION 5-912 WARNING LIGHTS REQUIRED Every such building or structure which occupies any portion of public property after sundown shall have sufficient lights continuously burning between sunset and sunrise for the protection of the public. There shall be a minimum of five (5) red lights placed on each street side of the building, and such red lights shall be attached to the building in such a fashion as to indicate extreme width, height, and size. There shall also be placed in addition to the red lights above required, flares at regular intervals for a distance of two hundred (200) feet in each direction on the street in which such building is situated. During any moving operation, the licensee shall keep a watcher at all times about the building or structure for the purpose of keeping posted lights burning at night and warning traffic with flags in the daytime. (Prior Code, Sec. 4-26) Page 5-31 Building Regulations and Codes CHAPTER 10 REMODELING Section 5-1001 Temporary Inspector Section 5-1002 Compensation; Special Building Inspector Section 5-1003 Building Permits Required Section 5-1004 Application for Building Permit Section 5-1005 Issuance of Permits; Expiration, Approval or Disapproval Section 5-1006 Revocation of Permits Section 5-1007 Permit Denied, When Section 5-1008 Repealed Section 5-1009 Establishment of Valuations; Definition of"Value,""Valuation" SECTION 5-1001 TEMPORARY INSPECTOR The city building inspector shall, whenever necessary, determine whether or not any building or construction in progress within the corporate limits of the city is being done or performed in compliance with the requirements and provisions of this chapter or other ordinances pertaining thereto. (Prior Code, Sec. 4-27) Cross Reference: Building code and permits, Sections 5-101 et seq. of this code. SECTION 5-1002 COMPENSATION; SPECIAL BUILDING INSPECTOR The city council may pay any person, except a member of the city council or a person regularly employed by the city, a fee for each inspection ordered to be made by the city whenever deemed necessary by the council or by the mayor. (Prior Code, Sec. 4-28) SECTION 5-1003 BUILDING PERMITS REQUIRED Before any person shall commence the construction, erection, enlargement alteration, repair, removal or demolition of any building or structure, or the remodeling of same, or of any wall, platform, staging or flooring to be used for standing or seating purposes, or move any building or structure off of, onto, or to change the position or location of any building or structure upon, from or onto any premises within the city, he shall procure a permit therefore from the building inspector of the city to be issued by the building inspector. Refusal, failure or neglect to obtain such permit before commencing such work is unlawful. No permit shall be necessary for work, building or construction, the cost of which shall be less than One Hundred Dollars ($100.00). (Prior Code, Sec. 4-29) SECTION 5-1004 APPLICATION FOR BUILDING PERMIT A. Application for permits required by this chapter shall be made to the city building inspector. Such application shall be in writing upon a blank form to be furnished by the building inspector of the city and shall state the legal description, and address if any, of the proposed location of such building or structure upon the premises, the estimated cost thereof, the purpose for which the building or structure is to be used, the position and description of plumbing and sanitary sewer line connection, the probable time of completion of the proposed work, and whether or not an existing building or structure is to be demolished or moved on, about, onto or from the premises. The city council or the building inspector may demand additional drawings, specifications and details, when the information submitted in the application is not clear as to the material and work intended. Page 5-32 Building Regulations and Codes B. The application shall be accompanied by an agreement that, if the permit is issued, the applicant will not deviate from the plans and specifications contained in or accompanying the application, and will furnish the council such additional drawings, plans and added specifications as may be reasonably demanded and provided that at any time during the progress of the operations, pursuant to a permit, a new owner may be substituted, provided the new ownership is duly recorded on the original papers by affidavit and assumes all the obligations of the original owner to whom the permit was issued. (Prior Code, Sec. 4-30) SECTION 5-1005 ISSUANCE OF PERMITS; EXPIRATION, APPROVAL OR DISAPPROVAL A. The granting of a permit shall be subject to the sole discretion of the city building inspector and inspections and certificates shall be made or issued by the building inspector. When a permit or certificate has been approved and issued, the person approving or issuing same shall report such fact to the city council to be read at the next regular meeting of the council following such approval and issuance. B. The board of adjustment may, in its discretion, make such rulings, orders or decisions, with reference to the application and enforcement of this chapter and procedure thereunder, as to give it full force or effect or to carry out the spirit thereof, as intended, and to avoid injustices and unusual hardships and to grant exceptions in special cases, provided that the public interest and safety is fully protected. C. Any permit granted under this chapter shall automatically expire and become null and void within one year from the date of issuance, unless the work, construction or thing to be done, as stated in such permit, has been commenced in good faith before the expiration of one year from the date of such permit. (Prior Code, Sec. 4-31) SECTION 5-1006 REVOCATION OF PERMITS Should the city building inspector find that at any time the work, under any permit issued, is not proceeding in accordance with the drawings, specifications, details and agreement of the application upon which such permit was issued, but is proceeding in violation of any ordinance of the city, he shall notify the owner or person in control of such work, in writing, that same fails to conform to such permit and ordinances, and that such failure must be corrected without delay. If such owner or person in control fails or refuses to make correction, the building inspector may order the permit to be revoked, and notify the owner or person in control of the work that such permit has been revoked and to stop the work in progress. The notice of revocation of the permit shall be in writing and served upon the owner or person in control of the work, and it is unlawful for any person to proceed with any part of such work after notice of revocation of the permit has been served. (Prior Code, Sec. 4-32) SECTION 5-1007 PERMIT DENIED, WHEN No building permit shall be approved or granted: 1. When it is made to appear that the material to be used, the manner of construction, the location or use of the proposed structure to be erected or moved, would, if permitted, be a menace to life, limb or property, or create a fire hazard or interfere with efficient fire fighting, or, if permitted, would be in violation of this or any other ordinance of the city; and 2. When the building operation contemplated by the application for permit includes any plumbing which will require a water service connection, but fails to include and provide, in the specifications and drawings, accompanying or shown upon the application, for a sanitary sewer line and connection. (Prior Code, Sec. 4-33) Page 5-33 Building Regulations and Codes SECTION 5-1008 REPEALED 1 1/21/2017, Ord 1 1 17 SECTION 5-1009 ESTABLISHMENT OF VALUATIONS; DEFINITION OF"VALUE,""VALUATION" A. Before a building permit shall be granted, the building inspector shall estimate the value of the proposed building or structure, and may be guided in making such estimates by ordinary methods used and practices followed in making assessments and estimates. B. In the event the valuation of work, construction, material and costs is underestimated by the applicant for a permit, such permit shall be denied. C. The words "value" and "valuation", as used in this chapter shall be given and have the meaning of such value or valuation figured at a fair market value or valuation existing at the time such application for a permit is made. Page 5-34 Building Regulations and Codes CHAPTER 11 DRILLING AND MINING Section 5-1 101 Drilling, Mining Prohibited Section 5-1102 Construction Section 5-1103 Assisting in Violation of Ordinance Prohibiting Nuisance. Section 5-1104 Public Nuisance a Misdemeanor. Section 5-1 105 Exceptions: Operations Before Effective Date; Cleaning or Plugging of Gas and Oil Wells. SECTION 5-1101 DRILLING, MINING PROHIBITED It is unlawful for any person, firm, corporation or association or the agents, servants or employees thereof, to hereafter drill or mine for or produce, or cause to be drilled, mined or produced, any oil, gas, coal or other mineral within the corporate limits of the city. Any person, firm corporation or association, or the agents, servants or employees so acting are hereby declared to be guilty of constructing, establishing or maintaining a nuisance against the public health, safety and welfare of the city and provided that each day such drilling, mining or producing for or of oil, gas, coal or other minerals occurs shall constitute a separate offense. (Prior Code, Sec. 13-44) SECTION 5-1102 CONSTRUCTION It is unlawful and an offense for any person hereafter to do or perform any work or labor of any kind upon or in connection with the drilling, mining or producing of oil, gas, coal or other products within the corporate limits of the city. (Prior Code, Sec. 13-45) SECTION 5-1103 ASSISTING IN VIOLATION OF ORDINANCE PROHIBITING NUISANCE It is unlawful and an offense for any person, firm, association or corporation to willfully furnish, supply or provide, transport or deliver, or cause to be furnished, provided, supplied, transferred or delivered, any material, tools, pipe, machinery or supplies, with knowledge that same is to be used upon or in connection with the drilling, mining, or producing of oil, gas, coal or other products within the corporate limits of the city. Such act shall be considered as assisting and aiding in the creation of a public nuisance, and each act shall be a separate offense. (Prior Code, Sec. 13-46) SECTION 5-1 104 PUBLIC NUISANCE A MISDEMEANOR Every person who maintains or commits any public nuisance the punishment for which is not otherwise prescribed, or who willfully omits to perform any legal duty relating to the removal of a public nuisance, is guilty of a misdemeanor. (Prior Code, Sec. 13-47) SECTION 5-1105 EXCEPTIONS: OPERATIONS BEFORE EFFECTIVE DATE; CLEANING OR PLUGGING OF GAS AND OIL WELLS A. The provisions of this chapter shall not apply to the operation or maintenance of any oil, gas or mining operations being lawfully carried on prior to the effective date of this chapter. B. Nothing in this chapter shall be construed to prohibit the cleaning out or plugging of oil and gas wells within the corporate limits of the city when the cleaning out or plugging has been determined by resolution or ordinance by the governing body of the city to be in the interest of the public health, safety and welfare. (Prior Code, Sec. 13-48) Page 5-35 Building Regulations and Codes Page 5-36 Building Regulations and Codes CHAPTER 12 LOW INCOME HOUSING TAX CREDIT HEARING Section 5-1201 Definitions Section 5-1202 Jurisdiction of the City Council Section 5-1203 Mayors Responsibility Section 5-1204 Notice of Hearing Section 5-1205 Hearing Procedure Section 5-1206 Determination of the City Council SECTION 5-1201 DEFINITIONS For the purposes of this ordinance, the following terms, phrases, words and their derivations shall have the meaning herein given. When no inconsistent with the context, words used in the present tense include the future tense, words in the plural include the singular and words in the singular include the plural. The word shall is always mandatory and not directory. A. APPLICANT. The person or persons applying for Low Income Tax Credit allocation. B. CITY, the City of Owasso, Oklahoma, a municipal corporation in its present incorporated form or in any other reorganized or changed form. C. CITY COUNCIL. The City Council of the City or any body constituting in the future the legislative body of the City. D. CITY CLERK. The City Clerk of the City of Owasso, Oklahoma, including any deputy, assistant, or member of the office staff of the City Clerk while performing duties of the clerk's office. E. COMMENT PERIOD. The fifty-five (55) day period following the mailing of OHFA's notice to the Mayor. F. CONTACT PERSON. The person or persons delineated in the OHFA notice to the Mayor as the designated recipient of official notification and process for the proposed development. G. DEVELOPER. The person or persons developing Low Income Tax Credit Housing, whether new construction or refurbishment of existing housing. H. MAYOR. The Mayor of the City of Owasso, the Vice-Mayor, or any person defined in the future as the Chief Executive Officer of the City. I. OHFA. The Oklahoma Housing Finance Authority. J. OHFA NOTICE. The notice given to the Mayor of a proposed Low Income Housing Tax Credit Development inside or within two (2) miles of the City Limit as required by OHFA Chapter 36 Rules as currently promulgated or modified in the future. K. TRUSTEES. The Board of trustees of the Oklahoma Housing Finance Authority. Page 5-37 Building Regulations and Codes SECTION 5-1202 JURISDICTION OF THE CITY COUNCIL The City Council shall exercise original jurisdiction to conduct public hearings to proposed Developments, and to comment to the OHFA Trustees recommending allocation of Low Income Tax Credits to the proposed Development, or to deny the allocation. SECTION 5-1203 MAYOR'S RESPONSIBILITY The Mayor shall immediately upon receipt of an OHFA notice cause a public hearing upon such notice and application to be placed upon the agenda of a regularly scheduled or special City Council meeting. SECTION 5-1204 NOTICE OF HEARING The City Clerk shall deposit Notice of Hearing addressed to the Contact Person by certified mail, return receipt requested, within seven (7) business days of the receipt of the OHFA notice by the Mayor. The Notice of Hearing shall contain no less than the following information: A. The date, time, and place of the public hearing. B. A statement of the legal authorities and jurisdiction under which the public hearing is held. C. A statement of any rules or statutes involved, including a copy of this ordinance and its adopting resolution. D. A concise and plain statement of any and all issues to be asserted or considered at the public hearing. The Notice of Hearing shall be received by the Contact Person no less than ten (10) days prior to the date of the hearing in a newspaper of general circulation in the county in which the Development is to be located a notice of the time, date and place of the public hearing, and a statement that the purpose of the proceeding is for consideration of approval or disapproval of the proposed Development as authorized by the relevant provision of the Oklahoma Tax Code. SECTION 5-1205 HEARING PROCEDURE A. The Mayor may prescribe rules, consistent with the laws of the State and with the Ordinances of this municipality for proper conduct of the business of the hearing. B. The Applicant and the Developer may appear before the hearing and be represented by counsel. They shall be afforded the opportunity to present evidence, testimony of witnesses, oral argument and to respond to any opposing evidence and cross examine witnesses. C. The hearing shall be recorded by electronic means, provided however that at the request of any party, a licensed court reporter may transcribe the proceedings at the cost of the party requesting the reporter. If a licensed court reporter is requested by any party, transcripts shall be provided to all parties at the cost of the party requesting such reporter. D. Copies of all documentary evidence received or to be considered by the City Council shall be made available to the Applicant at least two (2) full working days prior to the hearing. The City Council shall comply with all State and Federal law regarding discrimination. Page 5-38 Building Regulations and Codes E. The Applicant and Developer shall have the right of appeal to the District Court of competent jurisdiction. SECTION 5-1206 DETERMINATION OF THE CITY COUNCIL A. The City Council shall fairly consider all evidence, testimony, and argument presented at the hearing. The City Council shall adopt findings of fact, conclusions of law and determinations concerning the proposed development by a majority opinion. B. A written, certified copy of the City Council finding of fact, conclusions of law, and determinations shall be transmitted to the Applicant and OHFA by certified mail, return receipt requested not later than the last of the comment period. A copy of this ordinance and its adopting resolution shall accompany the City Council decision. (Ord. No. 502, 5/16/95) Page 5-39 Building Regulations and Codes Page 5-40 Building Regulations and Codes CHAPTER 13 ENGINEERING DESIGN CRITERIA, CONSTRUCTION STANDARDS AND STANDARD DETAILS Section 5-1301 Purpose Section 5-1302 Purposes, Interpretation, and Jurisdiction SECTION 5-1301 PURPOSE This chapter shall be known and may be cited as the Engineering Design and Construction Standards Code of the City of Owasso, Oklahoma. SECTION 5-1302 PURPOSES, INTERPRETATION, AND JURISDICTION A. Purposes This chapter is enacted for the purpose of defining guidelines for design and construction of water, sanitary sewer and drainage infrastructure. The standards established in the Engineering Design Criteria, Construction Standards and Standard Details, herein attached as Appendix A, are the minimum acceptable standards. Parties developing subdivisions in the City must meet these minimum standards and are encouraged to exceed them where it is in the best interest of the developer and/or the City. B. Interpretation 1. Validity of Other Laws Where this code imposes a less restriction upon the design and/or construction of public infrastructure than are imposed by other ordinances, laws, or regulations, this provision of this chapter shall not be construed to prevent the enforcement of the other ordinances, laws, or regulations which prescribe more restrictive limitations. 2. Severability In case any portion of this chapter shall be invalid or unconstitutional, as declared by a court of competent jurisdiction, the remainder of the code shall not thereby be invalid, but shall remain in full force and effect. 3. Tense and Definition For the purpose of this code, certain terms and words are to be used and interpreted as defined in Appendix A, Sections 0110 and 01100, words used in the present tense shall include the future tense; words in the singular number include the plural and words in the plural number include the singular, except where the natural construction of the writing indicates otherwise. The words "shall" and "will" are mandatory. C. Jurisdiction 1. Territorial Jurisdiction This code shall be in full force and effect and shall apply to all lands within the Page 5-41 Building Regulations and Codes incorporated limits of the City of Owasso, Oklahoma. 2. City Owned Property Property owned, leased or operated by the City of Owasso, Oklahoma, or any other public or government body or agency, shall be subject to the terms of this chapter. Enqineerinq Desian Criteria, Construction Standards and Standard Details Manual is on file in the Office of the City Clerk. Ord. No. 812, 5-17/05 Page 5-42