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Hickory Creek City Zoning Code

ARTICLE XXVIII

CONSTRUCTION REQUIREMENTS

SECTION 1:

Construction Codes. The Town Council of the Town of Hickory Creek, Texas, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, hereby adopts the most current construction codes of the following:

(1)

Uniform Building Code.

(2)

National Electrical Code.

(3)

Uniform Plumbing Code.

(4)

Uniform Fire Code.

(5)

Uniform Mechanical Code.

(6)

Uniform Housing Code.

(7)

Uniform Code for the Abatement of Dangerous Buildings.

(Ord. 86-10-114; Ord. 88-05-136, 6/21/88)

SECTION 2:

The whole of each above construction code, save and except such portions as are hereinafter deleted, modified, or amended a copy of which has been and is now filed in the office of the Town Secretary of Town of Hickory Creek, Texas, and the same is hereby adopted and incorporated as fully as if set out at length herein, and from and after the enactment of this ordinance, the provisions thereof shall be controlling in the construction of all buildings and structures therein contained within the corporate limits of the Town of Hickory Creek, Texas.

(1)

The Standard Specifications for Public Works Construction may be used by the Town Building Official-Engineer as a general reference guide for public works construction.

(2)

Any reference to License Tax shall be deleted and all license fees shall be according to the "Application and Fee Schedule" resolved by the Town Council.

(3)

All Uniform Codes shall be amended to read; "No permit shall be issued until the fees prescribed by this ordinance have been paid".

(4)

Any fee schedules listed in the Uniform Codes are hereby deleted in their entirety. All fees shall be according to the "Application and Fee Schedule" resolved by the Town Council.

(5)

Whenever the word "Municipality" is used in the construction codes, it shall be held to mean the Town of Hickory Creek, Texas.

(6)

Whenever the word "Corporation Counsel" is used in the construction codes, it shall be held to mean the attorney for the Town of Hickory Creek, Texas.

(7)

No person, corporation or company shall install, either new or repair type construction of untreated wooden shingles as a part of any structure in the Town of Hickory Creek, Texas.

SECTION 3:

The Building Official Engineer shall be responsible for overseeing that all provisions of this ordinance are complied with and that construction is prosecuted safely.

SECTION 4:

Contractor License.

(1)

It shall be unlawful for any general contractor, plumber, electrical contractor or developer to have done any construction work within the Town of Hickory Creek, Texas without first being in proper possession of Hickory Creek Contractor's License and any such license that may be required by the State of Texas.

(2)

All general, electrical and plumbing contractors desiring to do work in the Town of Hickory Creek, Texas, shall file with the Town Secretary a properly executed surety bond in the minimum amount of $5,000.00, and at the discretion of the Town Council, a larger bond, payable to the Town of Hickory Creek, Texas, conditioned to protect the said Town of Hickory Creek, Texas, and/or any person, firm or corporation, and hold it harmless for any or all loss or damage occasioned by the negligence of the principal therein in failing to execute properly and protect all work done by him, or under his supervision in any way whatsoever, and further conditioned to observe and abide by all ordinances, at any time enacted by the Town of Hickory Creek, Texas.

(3)

All electrical and plumbing contractors shall have a current and valid license issued by at least two other Texas cities before qualifying to receive a Hickory Creek Contractor's License; all other contractors may qualify by completing an application for a Contractor's License and paying the specified fee.

(4)

When said applicant has fully complied with the requirements of this ordinance, a license will be issued to him licensing him as a Building Contractor, Contracting Electrician, or Plumber to do work in the Town of Hickory Creek, Texas, which license shall continue in effect to the end of the calendar year in which issued, unless same should be sooner revoked for cause.

(5)

The said license will be issued by the Town Secretary upon payment of the fee for such license and receipt of a copy of the surety bond in the required amount. Such license may be renewed for the ensuing calendar year by the filing of a new application in the same conditions as were provided for herein for the issuance of the original license and the payment of a renewal fee as set forth previously in this ordinance. No refund shall be paid in the event of the revocation or surrender of any such certificate or license and in such event it shall be unlawful for said contractor, electrician or plumber to continue in, on or with any work.

SECTION 5:

Permits Required.

(1)

It shall be unlawful for any person or persons to do, or have done, any construction, electrical wiring, plumbing, or any extension thereof, unless excepted herein, until a building permit to do same has been obtained from the Town Building Official authorizing the work to be done and all fees have been paid.

(2)

The Town Secretary shall collect all fees at the time of filing the application for the permit.

(3)

The permit and inspection fees on all construction shall be as listed in the most current "Application and Fee Schedule" resolved by the Town Council.

(4)

Whenever construction work is discontinued to any building or premises within the fire limits or zone for any cause whatsoever, reinstatement or reconnection of any utility service shall not be made or given anyone until a clearance is obtained from the Town Building Official, who shall first make sure that no changes or additions have been made to the wiring so as to cause overloading of circuits or fire hazards nor any changes to plumbing which may cause damage to property and health conditions. A special inspection fee will be charged according to the "Application and Fee Schedule" resolved by the Town Council for this clearance. At the discretion of the Town Council, a performance bond may be required from a contractor before work may be commenced.

(5)

Upon inspection of work on any building, the Town Building Official shall leave a tag or notice attached to or near some part of the work, stating if approved, or if to be kept open for further inspection. The contractors shall be notified of defects and said contractors must correct defects within a reasonable length of time.

SECTION 6:

Requirements for Minor Alterations to Existing Structures and Property.

(1)

No building permit or fees are required for alterations to a principal dwelling or lot which does not increase the livable square footage of said dwelling or the lot containing said dwelling and no electrical or plumbing work is performed and providing the cost of such alteration, construction, or work to be performed shall not exceed $2,000.00.

(2)

Nothing contained within this ordinance shall ever be construed or operate to prevent any person from actually doing his own work on his own property or premises, provided the permit is obtained and paid for, unless otherwise excepted, and that the materials and equipment and the work be in strict accord with the rules and regulations of the Town Ordinances, and that the Town Building Official's approval can be obtained upon inspection in regular order; and further provided that the property owner must actually perform the work and that no other than the actual owner shall do any part of it, unless the other person or persons are licensed in full compliance with all of the provisions of this ordinance.

SECTION 7:

Penalty.

(1)

That any person, firm or corporation who shall violate any of the provisions of this ordinance or who shall fail to comply with any requirement of this ordinance or a Construction Code hereby adopted, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum not exceeding $200.00, and each and every day's continuance of any violation of any provision of this ordinance shall constitute and be deemed a separate offense.

(2)

In case of any such violation of any of the terms or provisions of this ordinance by any corporation or company, the officers and agents and person, or persons actually performing the violation for such corporation or company shall be subject to the penalties herein provided.

SECTION 8:

Franchisee Requirements.

(1)

Nothing herein contained shall be construed to apply to the installation, alterations or repairs of any system operated by a franchise utility company holding a franchise to serve the Town of Hickory Creek, Texas and its inhabitants.

(2)

The rules and regulations of companies holding a franchise to serve the Town of Hickory Creek, Texas, and its inhabitants, with utilities, regarding service meter and other instrument installations for the kind and character of service to be rendered, as approved by the Town Council, are incorporated herein and made a part hereof for all purposes.