BUILDINGS AND BUILDING REGULATIONS
Cross reference— Utilities, ch. 118.
State Law reference— Municipal regulation of electrical installations, 59 O.S. § 1693.
Cross reference— Utilities, ch. 118.
State Law reference— Local regulation of mechanical systems, 59 O.S. § 1850.12.
Cross reference— Utilities, ch. 118.
State Law reference— Plumbing and plumbing contractors, 59 O.S. § 1001 et seq.; duty of city to prescribe plumbing regulations, 59 O.S. § 1015.
Cross reference— Streets, sidewalks and other public places, ch. 102.
(a)
In any case where any building, structure or premises within the city is being built, used or occupied in violation of any provisions of the ordinances of the city, the building official may notify the city manager of such fact and request discontinuance of water service to such building, structure or premises until such violation has been discontinued and remedied to the satisfaction of the building official.
(b)
Prior to giving such notification or request to the city manager, the building official shall first notify the contractor, owner or occupant of the building, structure or premises that such violation exists.
(c)
After the building official has given such notice, if the violation has not been corrected and remedied, the city manager shall, without further notice, order water service to the building, structure or premises immediately discontinued, and the water service shall not thereafter be restored until the violation has been corrected or remedied to the satisfaction of the building official.
(d)
At any time when water service has been so discontinued, it is unlawful for the contractor, owner or occupant of the premises to drill any water well or connect to any other water service intended to service such building, structure or premises.
(Code 1977, §§ 15.04.010—15.04.040)
All fees required under this chapter shall be paid to the building official or other inspector prior to the issuance of a permit, and the building official or other inspector shall keep a record of permits issued and moneys collected and shall promptly pay to the city clerk all moneys thus collected.
(Code 1977, § 15.04.050)
If any work is conducted in violation of the provisions of this chapter or other ordinances of the city, the building, plumbing, electrical or other permit issued pursuant to this chapter may be suspended, and it is unlawful to continue work until the violation has been corrected to the satisfaction of the building official.
(Code 1977, § 15.04.060)
In addition to the fees provided in articles II through VI of this chapter, each applicant shall pay an Oklahoma Uniform Building Code Commission fee for the issuance or renewal of any building permit in the amount set forth in section 42-18. Of this fee amount, $0.50 cents shall be deposited into the city's general fund. The remaining fee amount shall be deposited by the city into a separate account created for that purpose, to be held and remitted to the state treasury for deposit in the Oklahoma Uniform Building Code Commission Revolving Fund as required by applicable law. For purposes of this section, the term "building permit" shall have the meaning ascribed by the Oklahoma Building Code Commission, Oklahoma Administrative Code, Title 748, as amended from time to time.
(Ord. No. 1036, § 1, 1-19-2010; Ord. No. 1041, § 1, 4-6-2010)
Editor's note— Section 1 of Ord. No. 1036, adopted Jan. 19, 2010, added a new provision designated as § 18-38. Subsequently, section 1 of Ord. No. 1041, adopted April 6, 2010, amended and renumbered § 18-38 as § 18-4.
The Oklahoma Uniform Building Code Commission fee for the issuance or renewal of any building permit as provided in section 18-4 of this article shall take effect upon final establishment of such fee by the Oklahoma Uniform Building Code Commission.
(Ord. No. 1039, § 1, 2-16-2010; Ord. No. 1041, § 2, 4-6-2010)
Editor's note— Section 1 of Ord. No. 1039, adopted Feb. 16, 2010, added a new provision designated as § 18-39. Subsequently, section 2 of Ord. No. 1041, adopted April 6, 2010, amended and renumbered § 18-39 as § 18-5.
That a certain document, three copies of which are on file in the office of the city clerk of the City of Mustang, Oklahoma, being marked and designated as the International Building Code, 2018 edition, as published by the International Code Council, as amended by the City of Mustang in section 18-31.B herein, and including Appendix F (Rodentproofing), Appendix I (Patio Covers), and Appendix J (Grading), is hereby adopted as the Building Code of the City of Mustang, State of Oklahoma, for regulating and governing the conditions and maintenance of all property, buildings and structures, 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, and providing for the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said building code on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes so adopted and amended in section 18-31B, are part of this Code.
(Ord. No. 1111, §§ 1, 2, 11-4-2014; Ord. No. 1136, § 1, 2-16-2016; Ord. No. 1239, § 1, 11-2-2021; Ord. No. 1264, § 1, 8-2-2022)
The City of Mustang hereby adopts all amendments of the 2018 International Building Code (herein "IBC") as prescribed by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, except as amended herein:
1.
IBC § 101.1 Title. Insert City of Mustang, Oklahoma for name of jurisdiction.
2.
IBC § 101.4.4 Property Maintenance is deleted in its entirety.
3.
IBC § 101.4.6 Energy is deleted in its entirety.
4.
IBC § 102.4 Referenced codes and standards. Add the following language to the end of the paragraph: "Where the City of Mustang has adopted a specific referenced code or standard different than those listed, the adopted code shall apply."
5.
IBC § 102.6 Existing Structures is amended to read as: "The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the International Existing Building Code or the International Fire Code."
6.
IBC § 103 Department of Building Safety is hereby amended in its entirety and shall be titled as follows: "The City of Mustang Community Development Department."
7.
IBC § 103.1 Creation of an enforcement agency is amended in its entirety to read as follows: "The Community Development Department is in charge of administering all International Code Council Codes except the International Fire Code. The community development director shall serve as the building official."
8.
IBC § 103.2 Appointment is amended in its entirety to read as follows: "The city manager shall appoint the community development director who shall serve as the chief building official unless this duty is otherwise delegated to a deputy."
9.
IBC § 103.3 Deputies is amended in its entirety to read as follows: "In accordance with the prescribed procedures of the City of Mustang, Oklahoma, and with the concurrence of the city manager, the community development director shall have the authority to appoint a chief building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official."
10.
IBC § 104.11 Alternative materials, design and methods of construction and equipment is amended in its entirety to read as follows: "The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction may be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved."
11.
IBC § 105.2 Work exempt from permit (Building only) is amended in its entirety to read as follows:
"1.
One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses are exempt provided it adheres to the following conditions:
1.
Its floor area does not exceed 100 square feet (9.2903 m 2 )
2.
Its height is 10 feet (3048 mm) above grade or less.
3.
It is not attached to a permanent foundation.
4.
It is not permanently served by any utility service.
2.
Oil derricks.
3.
Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18925 L) and the ratio of height to diameter or width does not exceed 2:1.
4.
Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
5.
Temporary motion picture, television and theater stage sets and scenery.
6.
Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep.
7.
Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
8.
Swings and other playground equipment accessory to detached one- and two-family dwellings.
9.
Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Groups R-3 and U occupancies.
10.
Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.
12.
IBC § 107.1 General is amended to read as follows: "Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in six sets with each permit application. When the proposed construction exceeds 50,000 dollars in value, an electronic storage device with the construction documents shall also be submitted. The construction documents shall be prepared by a registered design professional when the construction exceeds 1500 or more square feet or where a clear span of 30 feet or greater exists. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional."
13.
IBC § 107.2.1 Information on construction documents. The following requirements are added to the end of the paragraph: "The seal and signature of an Oklahoma licensed engineer or architect shall be required on plans featuring any of the following elements:
1.
Where such certification is required by the State of Oklahoma.
2.
Plans with any clear span greater than 10 feet (3048 mm) that supports any portion of the roof load. An alternative to an engineer's certification is available for spans greater than 10 feet but less than 24 feet (7315 mm). In such instances the Owner may use Glu Lams, LVLs or similar products provided they have been certified by the manufacturer for the proposed live and dead loads and are approved by the Chief Building Inspector. Calculations and written approval shall accompany construction documents and shall be placed in the permit file.
3.
Structures with habitable space that is below grade.
4.
Any anchoring system, pier or footing design that is not approved by the Chief Building Inspector."
14.
IBC § 109.2 Schedule of permit fees is amended in its entirety to read as follows: "Fees will be set by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma."
15.
IBC § 109.4 Work commencing before permit issuance is amended in its entirety to read as follows: "Any person who commences any work on a building or structure before obtaining the necessary permits shall be subject to a fee established by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma."
16.
IBC § 113.1 General is amended in its entirety to read as follows: "Appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the Board of Adjustment as provided for in the Code of Ordinances of the City of Mustang, section 122-130."
17.
IBC § 113.3 Qualifications is deleted in its entirety.
18.
IBC § 114.4 Violation penalties is hereby amended in its entirety to read as follows: "Any person who violates any of the provisions of this article or who fails to comply therewith, or who violates or fails to comply with any order made there under, or who builds in violation of any detailed statement of specifications or plans submitted and approved there under, or any certificate or permit issued there under, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed therein, shall severally, for every such violation and noncompliance respectively, be guilty of an offense, punishable as provided in the Code of Ordinances of the City of Mustang, Oklahoma § 1-8. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and, when not otherwise specified, each ten days that prohibited conditions are maintained constitutes a separate offense. The application of the penalty in this section shall not be held to prevent the enforced removal of prohibited conditions."
19.
IBC § 116.1 Conditions is amended to read as follows: "Structures or existing equipment that are or hereafter become unsafe, insanitary, has suffered substantial damage or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe."
20.
IBC § 116.5 Restoration is amended to read as follows: "Where the structure or equipment determined to be unsafe by the building official is restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of the International Existing Building Code or the International Fire Code."
21.
IBC Section 202 Definitions is amended to add the following definitions:
"SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value as determine by the Canadian County Assessor before the damage occurred or if the structure has 50 percent or more damage as determined by the Chief Building Inspector or a Registered Design Professional.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value as determine by the Canadian County Assessor or exceeds 50 percent of the structure as determined by the Chief Building Inspector or a Registered Design Professional before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:
1.
Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.
2.
Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure."
22.
IBC § 1612.3 Establishment of flood hazard areas. Insert "City of Mustang, Oklahoma" for the name of the jurisdiction.
23.
IBC § 1612.3 Establishment of flood hazard areas. Insert "September 26, 2008" for the required date.
24.
IBC § 3302.2 Manner of removal is amended to read as follows: "Waste materials shall be contained and removed in a manner which prevents injury or damage to persons, adjoining properties, and public rights-of-way. At a minimum, each demolition, remodel, addition, or construction site shall have a debris container of not less than four yards to hold debris. The container shall be covered by a tarp or other method during overnight hours and weekends to prevent debris from being blown from the container. The debris container shall be emptied on a regular basis by a professional disposal service."
(Ord. No. 1111, §§ 1, 3, 11-4-2014; Ord. No. 1204, § 1, 6-2-2020; Ord. No. 1264, § 2, 8-2-2022)
A certain document, three copies of which are on file in the office of the city clerk of the City of Mustang, Oklahoma, being marked and designated as the International Existing Building Code, 2018 edition, as published by the International Code Council, as amended by the City of Mustang in section 18-32B herein, is hereby adopted as the Existing Building Code of the City of Mustang, State of Oklahoma, for regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, as herein provided, and providing for the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said existing building code are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes so adopted and amended in section 18-32B herein.
(Ord. No. 1111, §§ 1, 4, 11-4-2014; Ord. No. 1136, § 1, 2-16-2016; Ord. No. 1136, § 2, 2-16-2016; Ord. No. 1239, § 2, 11-2-2021; Ord. No. 1264, § 3, 8-2-2022)
The City of Mustang hereby adopts all amendments of the 2018 International Existing Building Code (herein "IEBC") as prescribed by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, except as amended herein:
1.
IEBC § 101.1 Title. Insert "City of Mustang, Oklahoma" for name of jurisdiction.
2.
IEBC § 102.4 Referenced Codes and Standards. Add the following language to the end of the paragraph: "Where the City of Mustang has adopted a specific referenced code or standard different than those listed, the adopted code shall apply."
3.
IEBC Section 103 Department of Building Safety is hereby amended in its entirety and shall be titled as follows: "The City of Mustang Community Development Department."
4.
IEBC § 103.1 Creation of Enforcement Agency is amended in its entirety to read as follows: "The Community Development Department is in charge of administering all International Code Council Codes except the International Fire Code. The community development director shall serve as the building official."
5.
IEBC § 103.2 Appointment is amended in its entirety to read as follows: "The city manager shall appoint the community development director who shall serve as the chief building official unless this duty is otherwise delegated to a deputy."
6.
IEBC § 103.3 Deputies is amended in its entirety to read as follows: "In accordance with the prescribed procedures of the City of Mustang, Oklahoma, and with the concurrence of the city manager, the community development director shall have the authority to appoint a chief building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official."
7.
IEBC § 104.11 Alternative Materials, Design and Methods of Construction, and Equipment is amended in its entirety to read as follows: "The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design, or method of construction may be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method, or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons why the alternative was not approved."
8.
IEBC § 105.2 Work Exempt From Permit is amended in its entirety to read as follows: "Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
Building only:
1.
Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.
2.
Temporary motion picture, television, and theater stage sets and scenery.
3.
Shade cloth structures constructed for nursery or agricultural purposes, and not including service systems.
4.
Window awnings supported by an exterior wall of Group R-3 or Group U occupancies.
5.
Movable cases, counters, and partitions not over 69 inches (1753 mm) in height.
9.
IEBC § 106.1 General is amended in its entirety to read as follows: "Submittal documents consisting of construction documents, special inspection and structural observation programs, investigation and evaluation reports, and other data shall be submitted in six sets with each application for a permit. When the proposed construction exceeds 50,000 dollars in value, an electronic storage device with the construction documents shall also be submitted. The construction documents shall be prepared by a registered design professional when the construction exceeds 1500 or more square feet or where a clear span of 30 feet or greater exists. Where special conditions exist, the code official is authorized to require additional construction documents to be prepared by a registered design professional."
10.
IEBC § 106.2.1 Construction Documents. The following requirements are added to the end of the paragraph: "The seal and signature of an Oklahoma licensed engineer or architect shall be required on plans featuring any of the following elements:
1.
Where such certification is required by the State of Oklahoma.
2.
Plans with any clear span greater than 10 feet (3048 mm). An alternative to an engineer's certification is available for spans greater than 10 feet but less than 24 feet (7315 mm). In such instances the Owner may use Glu Lams, LVLs or similar products provided they have been certified by the manufacturer for the proposed live and dead loads and are approved by the Chief Building Inspector. Calculations and written approval shall accompany construction documents and shall be placed in the permit file.
3.
Structures with habitable space that is below grade.
4.
Any anchoring system, pier or footing design that is not approved by the Chief Building Inspector."
11.
IEBC § 108.2 Schedule of permit fees is amended in its entirety to read as follows: "Fees will be set by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma."
12.
IEBC § 108.4 Work commencing before permit issuance is amended in its entirety to read as follows: "Any person who commences any work before obtaining the necessary permits shall be subject to an additional fee established by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma."
13.
IEBC § 112.1 General is amended in its entirety to read as follows: "Appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the Board of Adjustment as provided for in the Code of Ordinances of the City of Mustang section 122-130."
14.
IEBC § 112.3 Qualifications is deleted in its entirety.
15.
IEBC § 113.4 Violation Penalties is hereby amended in its entirety to read as follows: "Any person who violates any of the provisions of this article or who fails to comply therewith, or who violates or fails to comply with any order made there under, or who builds in violation of any detailed statement of specifications or plans submitted and approved there under, or any certificate or permit issued there under, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed therein, shall severally, for every such violation and noncompliance respectively, be guilty of an offense, punishable as provided in the Code of Ordinances of the City of Mustang, Oklahoma § 1-8. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and, when not otherwise specified, each ten days that prohibited conditions are maintained constitutes a separate offense. The application of the penalty in this section shall not be held to prevent the enforced removal of prohibited conditions."
16.
IEBC § 115.1 Conditions is amended in its entirety to read as follows: "Structures or existing equipment that are or hereafter become unsafe, insanitary, has suffered substantial damage or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Buildings, structures or equipment that are or hereafter become unsafe, shall be taken down, removed or made safe as the code official deems necessary and as provided for in this code. A vacant structure that is not secured against entry shall be deemed unsafe."
17.
IEBC § Section 202 Definitions is amended to include the following definitions:
"SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value as determine by the Canadian County Assessor before the damage occurred or if the structure has 50 percent or more damage as determined by the Chief Building Inspector or a Registered Design Professional.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value as determine by the Canadian County Assessor or exceeds 50 percent of the structure as determined by the Chief Building Inspector or a Registered Design Professional before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:
1.
Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.
2.
Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
18.
IEBC § 302.3 Additional Codes is amended in its entirety to read as follows: "Alterations, repairs, additions and changes of occupancy to, or relocation of, existing buildings and structures shall comply with the provisions for alterations, repairs, additions and changes of occupancy or relocation, respectively, in this code and the International Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code and NFPA 70. Where provisions of the other codes conflict with provisions of this code, the provisions of this code shall take precedence."
19.
IEBC § 702.6 Materials and Methods is amended in its entirety to read as follows: "New work shall comply with the materials and methods requirements in the International Building Code, International Mechanical Code, and International Plumbing Code, International Residential Code and NFPA 70 as applicable, that specify material standards, detail of installation and connection, joints, penetrations, and continuity of any element, component, or system in the building."
20.
IEBC § 707.1 Minimum Requirements is amended in its entirety to read as follows: "Level 1 alterations to existing buildings or structures do not require the entire building or structure to comply with the International Residential Code. The alterations shall conform to the International Residential Code as they relate to new construction only."
21.
IEBC § 810.1 Minimum Requirements is deleted in its entirety.
22.
IEBC § 907.1 Minimum Requirements is deleted in its entirety.
23.
IEBC § 1107.1 Minimum Requirements is deleted in its entirety.
24.
IEBC § 1301.3.2 Compliance With Other Codes is amended in its entirety to read as follows: "Buildings that are evaluated in accordance with this section shall comply with the International Fire Code."
25.
IEBC § 1401.2 Conformance is amended to read as follows: "The building shall be safe for human occupancy as determined by the International Fire Code.. Any repair, alteration or change of occupancy undertaken within the moved structure shall comply with the requirements of this code applicable to the work being performed. Any field-fabricated elements shall comply with the requirements of the International Building Code or the International Residential Code as applicable."
(Ord. No. 1111, §§ 1, 5, 11-4-2014; Ord. No. 1264, § 4, 8-2-2022)
A certain document, three copies of which are on file in the office of the city clerk of the City of Mustang, Oklahoma, being marked and designated as the International Residential Code, 2018 edition, including commentaries and Appendix H (Patio Covers), Appendix J (Existing Buildings and Structures), and Appendix U (Automatic Fire Sprinkler Systems) (with amendments), as published by the International Code Council and as currently adopted and amended by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, and as amended by the City of Mustang in section 18-33B herein, is hereby adopted as the Residential Code of the City of Mustang, State of Oklahoma, for regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress as herein provided, and providing for the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said 2018 International Residential Code on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes so adopted and amended in section 18-33B herein, are part of this Code.
(Ord. No. 1111, §§ 1, 6, 11-4-2014; Ord. No. 1144, § 1, 3-7-2017; Ord. No. 1240, § 1, 11-2-2021; Ord. No. 1246, § 1, 1-4-2022; Ord. No. 1269, § 1, 8-2-2022)
The City of Mustang hereby adopts all amendments of the 2018 International Residential Code for one- and two-family dwellings (herein "IRC") as prescribed by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, except as amended herein:
1.
IRC § R101.1 Title. Insert "City of Mustang, Oklahoma" for name of jurisdiction.
2.
IRC § R102.4 Referenced codes and standards. Add the following language to the end of the paragraph: "Where the City of Mustang has adopted a specific referenced code or standard different than those listed, the adopted code shall apply."
3.
IRC §R102.7 Existing Structures is amended to read as follows: "The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code or the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public."
4.
IRC § R102.7.1 Additions, alterations and repairs. Additions, alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with the requirements of this code, unless otherwise stated. Additions, alterations or repairs and relocations shall not cause an existing structure to become unsafe or adversely affect the performance of the building.
1.
If the structure has 50 percent or more damage as determined by the Chief Building Inspector or a Registered Design Professional the structure shall comply with the construction codes for a new structure.
2.
Damage of any origin sustained to the structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred as determine by the Canadian County Assessor.
5.
IRC § R103 Department of Building Safety is hereby amended in its entirety and shall be titled as follows: "The City of Mustang Community Development Department".
6.
IRC § R103.1 Creation of an enforcement agency is amended in its entirety to read as follows: "The Community Development Department is in charge of administering all International Code Council Codes except the International Fire Code. The community development director shall serve as the building official."
7.
IRC § R103.2 Appointment is amended in its entirety as follows: "The city manager shall appoint the community development director who shall serve as the chief building official unless this duty is otherwise delegated to a deputy."
8.
IRC § R103.3 Deputies is amended in its entirety to read as follows: "In accordance with the prescribed procedures of the City of Mustang, Oklahoma, and with the concurrence of the city manager, the community development director shall have the authority to appoint a chief building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official."
9.
IRC § R105.2 Work exempt from permit (Building only) is amended in its entirety to read as follows:
1.
"One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses are exempt provided it adheres to the following conditions:
a.
Its floor area does not exceed 100 square feet (9.2903 m 2 ).
b.
Its height is 10 feet (3048 mm) above grade or less.
c.
It is not attached to a permanent foundation.
2.
Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18925 L) and the ratio of height to diameter or width does not exceed 2:1.3.
3.
Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
4.
Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
5.
Swings and other playground equipment.
6.
Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
7.
Decks not exceeding 200 square feet (18.58 m 2 ) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.
NOTE: Electrical, gas and mechanical exemptions shall remain intact as provided for in the IRC.
10.
IRC § R106.1.1 Information on construction documents. The following requirements are added to the end of the paragraph: "The seal and signature of an Oklahoma licensed engineer or architect shall be required on plans featuring any of the following designs:
1.
A Structure with habitable space that is below grade.
2.
Any anchoring system, pier or footing design that is not approved by the Chief Building Inspector."
11.
IRC § R106.1.2 Plans with any clear span greater than 10 feet (3048 mm). The following requirements are added to the end of the paragraph:
1.
Clear spans greater than 10 feet (3048 mm) in length that support any portion of the roof to include all purlins and bracing that is not on a load bearing wall shall be Glu Lams, LVLs or similar products provided they have been certified by the manufacturer for the proposed live and dead loads and are approved by the Chief Building Inspector. Calculations and written approval shall accompany construction documents and shall be placed in the permit file.
12.
IRC § R108.2 Schedule of permit fees is amended in its entirety to read as follows: "Fees will be set by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma."
13.
IRC § R108.6 Work commencing before permit issuance is amended in its entirety to read as: "Any person who commences any work on a building or structure, before obtaining the necessary permits shall be subject to a fee established by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma, that shall be in addition to the required permit fees."
14.
IRC § R109.1.1 Foundation inspection is amended to state: "Inspection of the foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and supported prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations. All property pins shall be visible and string lines erected."
15.
IRC § R112.1 General is amended to state: "In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. Appeals shall be made to the Board of Adjustment as provided for in the City of Mustang Code of Ordinances section 122-130."
16.
IRC § R112.3 Qualifications is deleted in its entirety.
17.
IRC § R113.4 Violation penalties is amended in its entirety to read as follows: "Any person who violates any of the provisions of this article or who fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed therein, shall severally, for every such violation and noncompliance respectively, be guilty of an offense, punishable as provided in the Code of Ordinances of the City of Mustang, Oklahoma § 1-8. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and, when not otherwise specified, each ten days that prohibited conditions are maintained constitutes a separate offense. The application of the penalty in this section shall not be held to prevent the enforced removal of prohibited conditions."
18.
IRC § Table R301.2(1) is amended to fill the table with the following: "ground snow load - 10 psf; wind speed - 15 mph; seismic design category - C; weathering - moderate; frost line depth -18 inches; termite - yes; winter design temp. -13°F; ice barrier underlayment required - no; flood hazards - See Chapter 50 of the Code of Ordinances of the City of Mustang, Oklahoma; air freezing index -332; mean annual temp. - 60°F."
19.
IRC § R306.5 is created and shall read as follows:
"R306.5 Sanitation Facilities during Construction. Prior to any construction activities on any site, a portable toilet (porta-potty) shall be placed as to provide sanitation facilities for all personal involved in construction. A porta-potty can be used to provide sanitation for up to six lots, which include the lot on or in front of which the porta-potty is located (the "Base Lot"), the lot immediately across the street from the porta-potty location (the "Facing Lot"), and the lots adjoining lying on each side of the Base Lot and the Facing Lot; provided, a portion of each lot must be within 200 feet of the porta-potty."
20.
IRC § R313.1 Townhouse automatic fire sprinkler systems is deleted in its entirety.
21.
IRC § R313.2 One- and two-family dwellings automatic fire sprinkler systems is deleted in its entirety.
22.
IRC § R318.1 Subterranean termite control methods, delete the following method #2:
2.
Termite baiting system installed and maintained in accordance with the label.
23.
IRC § R326.1 General is deleted in its entirety.
24.
IRC § R403.1.3.5.5 Seismic Design Category C. Standard reinforcement for residential structures shall have 4 bars of #5 (⅝ inch) or 6 bars of #4 (½ inch) steel reinforcement. Standard steel reinforcement for detached accessory structures with a brick veneer shall be 2 #5 (⅝ inch) or 4 #4 (½ inch) steel reinforcement. Detached accessory structures without a brick veneer shall have 2 #4 (½ inch) steel reinforcement
25.
IRC § R403.1.7.4 Alternate setbacks and clearances is amended to state: "Alternate setbacks and clearances are permitted, subject to the approval of the building official. The building official is permitted to require an investigation and recommendation of a qualified engineer to demonstrate that the intent of this section has been satisfied. Such an investigation shall include consideration of material, height of slope, slope gradient, load intensity and erosion characteristics of slope material. Lots that are higher than the adjoining lot shall maintain erosion control along all sides of the lot until final grade and sod. Lots that are lower than the adjoining lot shall maintain erosion control along all sides of the lot until final grade and sod."
26.
IRC § R602.1.10 Fiberboard. Fiberboard sheathing, where used structurally, shall be identified by an approved agency as conforming to ASTM C 208. Fiberboard sheathing less than ½ inch in thickness shall not be used as sheathing.
27.
IRC § R602.2. Exception: Utility grade studs can only be used for detached accessory buildings without attic storage and for non-load bearing walls.
28.
IRC § Figure R602.3 (2) Framing Details is amended and shall read as follows:
Note: Horizontal back-up cleats used to fasten wall partitions and/or intersecting wall lines together shall not be used.
29.
IRC § M1308.3 is created and shall read as follows:
M1308.3 Construction equipment. Construction equipment such as backhoes, other motorized earth moving equipment, etc., shall not travel within or over a stem wall area or foundation perimeter after plumbing, electrical or mechanical ducts, piping, equipment or materials has been installed.
Exception: Construction equipment shall be permitted within said prohibited areas where such equipment does not travel over or adjacent to any duct, piping, equipment or materials subjecting them to physical damage, provided however that the code official shall be notified prior to the work and provided that the code official shall verify that no damage is done to the installation by such construction equipment.
30.
IRC § M1309 is created and shall read as follows:
"M1309.1 Construction Heat. Temporary construction heat shall be allowed in accordance with the following requirements:
1.
An inspection shall be made for construction heat prior to placing the heating system in operation.
2.
Filter or filters shall be installed over each return air opening. Filters shall be cleaned or replaced as they become loaded with dust and debris. Air-handling units, appliances, and equipment shall not be placed in operation without air filters that have been installed in accordance with this section or while the air filters are being changed or replaced.
3.
The construction heat thermostat shall have a fixed, minimum set point of 55 degrees F.
4.
Mechanical equipment and appliances shall be installed in accordance with all safety requirements and limitations of the appliance and equipment manufacturer's installation instructions, relative to construction heat.
5.
All conditioned construction areas served by the mechanical system shall be substantially enclosed. Mechanical and furnace rooms shall be separated and isolated from all construction areas. All combustion air shall be per the following listed sections of Chapter 24 of this Code (outdoor combustion air only):
G2407.6.1 - Outdoor Combustion Air (Two Opening Method)
G2407.6.2 - Outdoor Combustion Air (One Opening Method)
6.
When combustible, flammable, explosive or corrosive materials in any state (solid, liquid, or gaseous) are being used in the construction process the mechanical system shall not be in use, except where approved by the Code Official. The construction area shall be thoroughly ventilated before the mechanical appliances, equipment or system is put back into service.
7.
Failure to provide adequate filtering during construction shall be grounds for requiring ductwork, mechanical equipment, and appliances to be professionally cleaned or replaced before final approval.
8.
Failure to comply with the above requirements shall also be grounds for ordering the immediate termination of gas service to a structure by the authority having jurisdiction."
31.
IRC § P2603.4 Pipes through foundation walls is amended to state: "A pipe that passes through or under a foundation wall shall be provided with a relieving arch, or a pipe sleeve shall be built into the foundation wall. The sleeve shall be two pipe sizes greater than the pipe passing through the wall."
32.
IRC § P3008.1 Sewage Backflow is amended in its entirety as follows: "Sanitary sewer backflow preventers are required on all new service installations and when repairing existing sewer service lines where practical as determined by the chief code official or his deputy."
33.
IRC § Section P3114 Air Admittance Valves is amended in its entirety as follows: "Air admittance valves are not allowed within the City of Mustang unless approved by the Chief Building Inspector.
34.
IRC Chapter's 34 through 43 are deleted in their entirety.
35.
IRC Appendix U.
a.
IRC § U101.1 One and two family dwellings automatic fire sprinkler systems is amended in its entirety to state: "An automatic residential fire sprinkler system shall be installed in one and two family dwellings if they are more than 400 feet away from a fire hydrant as measured to all portions of the structure. Length is measured based on hose lay and not radius."
b.
IRC § U101.1.1 Townhouse automatic fire sprinkler systems is added to state: "An automatic residential fire sprinkler system shall be installed in townhouses if they are more than 400 feet away from a fire hydrant as measured to all portions of the structure. Length is measured based on hose lay and not radius.
Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system."
c.
IRC § U101.2 Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with the provisions of this appendix and NFPA 13D.
(Ord. No. 1111, §§ 1, 7, 11-4-2014; Ord. No. 1144, § 2, 3-7-2017; Ord. No. 1169, § 1, 7-3-2018; Ord. No. 1195, § 1, 9-13-2019; Ord. No.1246, § 2, 1-4-2022; Ord. No. 1262, § 1, 7-12-2022; Ord. No. 1269, § 2, 8-2-2022)
(a)
It is unlawful for any person to construct, alter or demolish a building or structure, or to begin to do such work, without securing from the building official a permit therefor.
(b)
The fee for a building permit shall be as set out in section 42-18.
(c)
Beginning with the effective date of this subsection and continuing through June 30, 2014, the city declares a moratorium on and shall not charge a building permit fee under subsection 42-18(a)(2)(g) for a permit to construct or install a storm shelter. Other fees applicable under section 42-18 shall continue to be charged for such permit. For the purposes of this subsection, the term "storm shelter" shall mean a building, structure or portions thereof, constructed in accordance with FEMA 320 and/or ICC-500 specifications and designated for temporary use during a severe wind storm event, such as tornado.
(Code 1977, § 15.08.060; Ord. No. 1091, § 1, 8-20-2013)
No building permit shall be issued for new construction, including expansion or addition to an existing structure, unless the owner of the property on which the construction is being proposed first dedicates a street right-of-way to the city in accordance with this Code.
(Code 1977, § 15.08.061)
Appeals from decisions of the building inspector shall be made to the board of adjustment as provided for in section 122-130.
(Code 1977, § 15.08.062)
Before issuing a residential building permit, a certificate of insurance from the appropriate insurer shall be provided showing that the contractor has general liability insurance in an amount required by other construction trade contractors licensed by the construction industries board and that the contactor has workers' compensation insurance or a workers' compensation exemption verification document.
For purposes of this section, the term "residential building permit" means any building permit for a single-family or a duplex residential structure and shall include construction of a new structure, remodel of an existing structure, and the addition to an existing structure. The term "residential building permit" shall not include a single-family or a duplex carport, patio cover, storage building, accessory building, pool or fence.
This provision shall not apply to a person or persons performing the construction or remodeling to his, her or their own existing single-family or duplex structure on their own property, unless the modifications are being performed by and the permit acquired by a general contractor or subcontractor, in which case the general contractor or subcontractor shall meet the requirements of this section.
(Ord. No. 1026, § 1, 9-1-2009)
Cross reference— Administration, ch. 2.
State Law reference— State regulation of electricians, 59 O.S. § 1680 et seq.
Editor's note— Ord. No. 1266, § 4, adopted August 2, 2022, repealed §§ 18-191—18-195, which pertained to mechanical board and derived from §§ 15.30.040, 15.30.050, 15.30.070 of the 1977 Code.
Cross reference— Administration, ch. 2.
State Law reference— Local registration of plumbers, 59 O.S. § 1020.
A certain document, three copies of which are on file in the office of the city clerk of the City of Mustang, Oklahoma, being marked and designated as the International Fuel Gas Code, 2018 edition, without appendices, as published by the International Code Council (the "2018 IFGC"), as amended by the City of Mustang in section 18-318 and as currently adopted by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, is hereby adopted as the Fuel Gas Code of the City of Mustang, State of Oklahoma, for regulating and fuel gas systems and gas-fired appliances as herein provided, and providing for the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said International Fuel Gas Code on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes so adopted and amended herein.
(Ord. No. 1115, § 1, 11-4-2014; Ord. No. 1136, § 1, 2-16-2016; Ord. No. 1236, § 1, 11-2-2021; Ord. No. 1263, § 1, 8-2-2022)
The City of Mustang hereby adopts all amendments of the 2018 International Fuel Gas Code as prescribed by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, except as amended herein:
1.
IFGC § 101.1 Title. Insert "City of Mustang, Oklahoma" for name of jurisdiction.
2.
IFGC § 106.6.1 Work commencing before permit issuance is amended in its entirety to read as: "Any person who commences any work on an installation before obtaining the necessary permits shall be subject to a fee established by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma, that shall be in addition to the required permit fees."
3.
IFGC § 106.6.2 Fee schedule is amended in its entirety to read as follows: "Fees will be set by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma."
4.
IFGC § 106.6.3 Fee refunds is amended in its entirety to read as follows: "In case of abandonment or discontinuance, the cost of work performed under a permit may be estimated, an adjustment of the fee made, and the portion of the fee for uncompleted work returned to the permit holder if requested in writing. Such refund shall be made at the discretion of the City Manager or his designee, provided that no refund of a prescribed minimum fee shall be made. If such discontinuance is due to revocation of permit, a similar adjustment and return may be made; provided that no refund shall be made until all penalties incurred or imposed by due authority have been collected. After such a refund has been made, no work shall be resumed until a new application has been made and a new permit has been issued."
5.
IFGC § 108.4 Violation penalties is amended in its entirety to read as follows: "Any person who violates any of the provisions of this article or who fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed therein, shall severally, for every such violation and noncompliance respectively, be guilty of an offense, punishable as provided in Section 1-8 of the Code of Ordinances of the City of Mustang, Oklahoma. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and, when not otherwise specified, each ten (10) days that prohibited conditions are maintained constitutes a separate offense. The application of the penalty in this section shall not be held to prevent the enforced removal of prohibited conditions."
6.
IFGC § 108.5 Stop work orders. The last sentence of this section is amended to read as follows: "Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be in violation and subject to the penalties outlined in IFGC § 108.4 as noted above."
7.
IFGC § 109.1 Application for appeal is amended in its entirety to read as follows: "In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. Appeals shall be made to the Board of Adjustment as provided for in the Code of Ordinances of the City of Mustang section 122-130."
8.
IFGC § 109.2 Membership of Board is deleted in its entirety.
9.
IFGC § 109.3 Notice of Meeting is deleted in its entirety.
10.
IFGC § 109.4 Open Hearing is deleted in its entirety.
11.
IFGC § 109.5 Postponed Hearing is deleted in its entirety.
12.
IFGC § 109.6 Board Decision is deleted in its entirety.
13.
IFGC § 109.7 Court Review is deleted in its entirety.
14.
IFGC § 301.2 Energy utilization is deleted in its entirety.
15.
IFGC § 406.4.1 Test pressure is amended in its entirety to read as follows: "The test pressure to be used shall be not less than one and one-half times the proposed maximum working pressure, irrespective of design pressure. The pressure used to test a gas piping system shall not be less than 15 PSIG with a 30 psi. test gauge. Where the test pressure exceeds 125 PSIG, the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the piping. The test duration shall be not less than 15 minutes."
(Ord. No. 1115, § 2, 11-4-2014; Ord. No. 1263, § 2, 8-2-2022)
A certain document, three copies of which are file in the office of the City Clerk of the City of Mustang, Oklahoma, being marked and designated as the International Electrical Code, 2020 edition (the "2020 NEC"), as published by the National Fire Protection Association (NFPA), excluding any informative annexes, as currently adopted by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, be and is hereby adopted as the Electrical Code of the City of Mustang, State of Oklahoma, for the control of electrical systems and equipment located in buildings and structures and their appurtenant constructions; and providing for the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said electrical code, as currently and may from time to time be amended, on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes so adopted and amended, are part of this Code.
(Code 1977, § 15.16.020; Ord. No. 1112, § 1, 11-4-2014; Ord. No. 1136, § 1, 2-16-2016; Ord. No. 1238, § 1, 11-2-2021; Ord. No. 1267, § 1, 8-2-2022)
Charter reference— Adoption by reference, § 2-14.
State Law reference— Adoption by reference, 11 O.S. § 14-107.
This article shall not be construed to affect the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to persons, nor shall any officer or employee of the city held as assuming such liability by reason of the inspection or reinspection as provided for in this article or by reason of the approval or disapproval of any equipment authorized in this article.
(Code 1977, § 15.16.080)
All temporary electrical service poles shall be constructed to comply with the currently adopted National Electrical Code standards.
(Code 1977, § 15.16.070(1); Ord. No. 879, § 1, 2-3-2004)
Each construction site requiring temporary electrical service shall have a temporary pole erected, inspected and energized prior to work beginning. At no time will power be transferred from another location or job site via extension cords or other electrical conductors without prior approval of the chief inspector. No cords shall extend across streets or roads. The use of generators shall be permitted, however, no power being supplied by the generator shall be used on more than one building site.
(Ord. No. 878, § 1, 2-3-2004)
(a)
Definitions.
Portable generator. A portable generator is an internal combustion driven electric generator rated no higher than 15 kilowatts (kW) and 250 volts that is intended to be moved for temporary use at a location where utility supplied electric power is not available. It has receptacle outlets for alternating current (AC) output circuits, and may have alternating or direct current (DC) sections for supplying energy. Cannot be used to provide continuous permanent electrical power due to the electrical utility provider terminating service for any reason.
(b)
The use of portable generators to provide temporary electrical power shall meet the following requirements:
(1)
All 125-volt and 125/250-volt, single-phase, 15- and 20-ampere receptacle outlets that are part of a 15kW or smaller portable generator shall have listed ground-fault circuit-interrupter protection for personnel.
(2)
Be placed more than five feet from combustibles.
(3)
Not be placed inside of any structure, room or garage.
(4)
Not be placed within ten feet of any door, window or opening into a structure.
(5)
Cannot be used to provide electrical power to a structure without a manual or automatic transfer switch.
(6)
Generators that do not comply with Article 250.34 must have a grounding electrode system that complies with Part 3 of Article 250. However, for transient installations it is acceptable to install three ground rods driven at least six feet apart and driven more than four feet into the earth.
(7)
Generators that supply only loads connected directly to receptacle outlets mounted on the generator and where the equipment grounding terminals of the receptacles are bonded to the generator frame shall not be required to be connected to a grounding electrode system. Marking by the manufacturer must indicate whether or not the generator neutral is bonded to the generator frame.
(c)
Portable cords used in conjunction with a portable generator shall meet the following requirements:
(1)
Portable cords must be size 12 AWG or larger Type G, PPE, S, SE, SEO, SEOO, SC, SCE, SCT, SO, SOO, ST, STO, STOO, W or other types identified for extra-hard usage and must be of the grounding type. The cord type is printed or embossed on approved cords.
(2)
When used outdoors, all cords must be listed for wet locations and be sunlight resistant, unless they are an integral part of listed portable equipment.
(3)
Two-wire cords are not allowed.
(4)
Cables with a "J" in the type designation (such as Type SJT) are junior-hard-service rated and are not permitted to be used where subject to physical damage.
(5)
All cords must be continuous and contain no splices. Temporary repair of a cord outer jacket must be made with listed repair kits and is subject to approval from the electrical inspector.
(6)
Flexible cords and cables laid on the ground must be approved for extra-hard usage, routed and arranged to minimize the tripping hazard and be protected from accidental and physical damage. Where passing through doorways or other pinch points, protection must be provided. Cords and cables may be covered with approved non-conductive mats. Mats must be self-weighted to minimize movement and drape over cords and cables.
(Ord. No. 1267, § 2, 8-2-2022)
Editor's note— Ord. No. 1271, § 4, adopted August 2, 2022, repealed §§ 18-111—18-115, which pertained to electrical board and derived from §§ 15.16.090, 15.16.100, 15.16.180 of the 1977 Code; Ord. No. 1267, §§ 3—6, 8-2-2022.
State Law reference— Local registration of electricians authorized, 59 O.S. § 1696.
A certain document, three copies of which are file in the office of the city clerk of the City of Mustang, Oklahoma, being marked and designated as the International Mechanical Code, 2018 edition (the "2018 IMC"), as published by the International Code Council, as amended by the City of Mustang in section 18-172, and as currently adopted by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, be and is hereby adopted as the Mechanical Code of the City of Mustang, State of Oklahoma regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems as herein provided, and providing for the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said mechanical code, as currently and may from time to time be amended, on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes so adopted and amended, are part of this Code.
(Ord. No. 1113, § 1, 11-4-2014; Ord. No. 1136, § 1, 2-16-2016; Ord. No. 1242, § 1, 11-2-2021; Ord. No. 1266, § 1, 8-2-2022)
The City of Mustang hereby adopts all amendments of the 2018 International Mechanical Code (herein "IMC") as prescribed by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, except as amended herein:
1.
IMC § 101.1 Title. Insert "City of Mustang, Oklahoma" for name of jurisdiction.
2.
IMC § 103 Department of Building Safety is hereby amended in its entirety and shall be titled as follows: "The City of Mustang Community Development Department."
3.
IMC § 103.1 Creation of an enforcement agency is amended in its entirety to read as follows: "The Community Development Department is in charge of administering all International Code Council Codes except the International Fire Code. The community development director shall serve as the building official."
4.
IMC § 103.2 Appointment is amended in its entirety to read as follows: "The city manager shall appoint the community development director who shall serve as the chief building official unless this duty is otherwise delegated to a deputy."
5.
IMC § 103.3 Deputies is amended in its entirety to read as follows: "In accordance with the prescribed procedures of the City of Mustang, Oklahoma, and with the concurrence of the city manager, the community development director shall have the authority to appoint a chief building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official."
6.
IMC § 105.2 Alternative materials, design and methods of construction and equipment is amended in its entirety to read as follows: "The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction may be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved."
7.
IMC § 106.3.1 Construction documents is amended in its entirety to read as follows: "Construction documents, engineering calculations, diagrams and other such data shall be submitted in six sets with each application for a permit. When the proposed construction exceeds 50,000 dollars in value, an electronic storage device with the construction documents shall also be submitted. The code official shall require construction documents, computations and specifications to be prepared and designed by a registered design professional where the construction exceeds 1500 or more square feet or as required by state law. Construction documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the work conforms to the provisions of this code. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for mechanical systems, and the materials and methods for maintaining required structural safety, fire-resistance rating and fireblocking."
8.
IMC § 106.5.1 Work commencing before permit issuance is amended in its entirety to read as follows: "Any person who commences any work on a mechanical system before obtaining the necessary permits shall be subject to a fee established by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma, and in addition to the required permit fees."
9.
IMC § 106.5.2 Fee schedule is amended in its entirety to read as follows: "Fees will be set by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma."
10.
IMC § 106.5.3 Fee refunds is amended in its entirety to read as follows: "In case of abandonment or discontinuance, the cost of work performed under a permit may be estimated, an adjustment of the fee made, and the portion of the fee for uncompleted work returned to the permit holder if requested in writing. Such refund shall be made at the discretion of the City Manager or his designee, provided that no refund of a prescribed minimum fee shall be made. If such discontinuance is due to revocation of permit, a similar adjustment and return may be made; provided that no refund shall be made until all penalties incurred or imposed by due authority have been collected. After such a refund has been made no work shall be resumed until a new application has been made and a new permit has been issued."
11.
IMC § 108.4 Violation penalties is amended in its entirety to read as follows: "Any person who violates any of the provisions of this article or who fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed therein, shall severally, for every such violation and noncompliance respectively, be guilty of an offense, punishable as provided in Section 1-8 of the Code of Ordinances of the City of Mustang, Oklahoma. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and, when not otherwise specified, each ten (10) days that prohibited conditions are maintained constitutes a separate offense. The application of the penalty in this section shall not be held to prevent the enforced removal of prohibited conditions.
12.
IMC § 108.5 Stop work orders. The last sentence of this section is amended to read as follows: "Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be in violation and subject to the penalties outlined in IPC § 108.4 as noted above."
13.
IMC § 109.1 Application for appeal is amended in its entirety to read as follows: "In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. Appeals shall be made to the Board of Adjustment as provided for in the Code of Ordinances of the City of Mustang section 122-130."
14.
IMC § 109.2 Membership of Board is deleted in its entirety.
15.
IMC § 109.3 Notice of Meeting is deleted in its entirety.
16.
IMC § 109.4 Open Hearing is deleted in its entirety.
17.
IMC § 109.5 Postponed Hearing is deleted in its entirety.
18.
IMC § 109.6 Board Decision is deleted in its entirety.
19.
IMC § 109.7 Court Review is deleted in its entirety.
20.
IMC § 301.2 Energy utilization is deleted in its entirety.
21.
IMC § 603.8.4 Construction Equipment is added to read as follows: "Construction equipment such as backhoes or bobcats, etc., shall not be permitted within a stem wall area or foundation perimeter after an underground mechanical duct system has been installed.
Exception: Construction equipment shall be permitted within said prohibited areas where such equipment does not travel over or adjacent to the underground mechanical duct system. The mechanical contractor shall be notified prior to the work and shall verify that no damage is done to the installation. Additional testing and inspections shall be required when construction equipment has been removed and before slab work is started.
(Ord. No. 1113, § 2, 11-4-2014; Ord. No. 1266, § 2, 8-2-2022)
(a)
Generally. No person shall install, replace or repair gas pipes or vented gas appliances (unless such person is licensed as a plumbing contractor or journeyman plumber pursuant to the laws of the state) or undertake any mechanical work as provided for and described in the Mechanical Licensing Act (59 O.S. § 1850.1 et seq.) without first registering with the city department of community development. Registration will be issued upon the applicant's showing to the satisfaction of the community development director or his designee proof of a current and valid mechanical license from the state and the payment of the annual fee as set forth in section 42-18. The continued validity of such registration shall be dependent upon the registrant's maintaining a current valid state mechanical license, and the expiration, revocation or suspension of a state mechanical license shall automatically invalidate the registration issued by the city. No person shall continue to engage in mechanical work following such suspension or revocation or otherwise engage in such mechanical work without a valid city registration when such registration is required.
(b)
Grounds for suspension or revocation. After ten days' notice and adequate opportunity for a hearing, the city council may revoke or suspend a city mechanical registration for any of the following reasons:
(1)
Making a material misstatement in the application for registration or the renewal of registration;
(2)
Obtaining any registration by false or fraudulent representation;
(3)
Loaning or allowing the use of such registration by any other person or illegally using a registration;
(4)
Demonstrating incompetence to act as a mechanical journeyman or mechanical contractor;
(5)
Violating any provisions of this article; or
(6)
Willfully failing to perform normal business obligations without justifiable cause.
(c)
Procedure for suspension or revocation. A request that the registration be suspended or revoked may be presented to the city council by the community development director, or by any aggrieved person who shall specify the reasons for the request, who shall agree to testify at a hearing and who shall sign such request before a notary public. Failure to perform any of these acts shall invalidate the request as determined by the council. A copy of such request shall be attached to the notice of hearing and provided to the registrant by the city. At the hearing, the registrant may be represented by counsel, may present witnesses in his behalf, and may cross examine other witnesses.
(Code 1977, §§ 15.30.020, 15.30.060)
State Law reference— Local registration authorized, 59 O.S. § 1850.12.
(a)
Any appeal from an order, decision or determination made by a building official relative to the application and interpretation of this Code shall be made to the board of adjustment as provided in section 122-130 of the Code of Ordinances of the City of Mustang.
(b)
It shall be the duty of the board of adjustment to acknowledge the revocation or suspension of any city mechanical registration or any mechanical journeyman's registration upon the revocation, suspension or refusal to issue or renew the state license by the state mechanical hearing board. Such revocation or suspension shall be automatic upon a showing of such state action. Notice of such revocation or suspension shall be provided to the community development director and the city clerk.
(Ord. No. 1266, § 3, 8-2-2022)
Editor's note— Ord. No. 1266, § 3, adopted August 2, 2022, set out provisions intended for use as § 18-173. Inasmuch as there were already provisions so designated, said section has been codified herein as § 18-174 at the discretion of the editor.
A certain document, three copies of which are file in the office of the city clerk of the City of Mustang, Oklahoma, being marked and designated as the International Plumbing Code, 2018 edition, as it may from time to time be amended (the "2018 IPC"), as published by the International Code Council, as amended by the City of Mustang in section 18-222, and as currently adopted by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, be and is hereby adopted as the Plumbing Code of the City of Mustang, State of Oklahoma, regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems as herein provided; and providing for the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said plumbing code, as currently on file in the office of the city clerk, are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes so adopted and amended, are part of this Code.
(Code 1977, § 15.20.020; Ord. No. 1114, § 1, 11-4-2014; Ord. No. 1136, § 1, 2-16-2016; Ord. No. 1237, § 1, 11-2-2021; Ord. No. 1268, § 1, 8-2-2022)
Charter reference— Adoption by reference, § 2-14.
State Law reference— Adoption by reference, 11 O.S. § 14-107.
The City of Mustang hereby adopts all amendments of the 2018 International Plumbing Code (herein "2018 IPC") as prescribed by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, except as amended herein:
1.
IPC § 101.1 Title. Insert "City of Mustang, Oklahoma" for name of jurisdiction.
2.
IPC § 102.8 Referenced Codes and Standards. Add the following language to the end of the paragraph: "Where the City of Mustang has adopted a specific referenced code or standard different than those listed, the adopted code shall apply."
3.
IPC § 103 Department of Plumbing Inspection is hereby amended in its entirety and shall be titled as follows: "The City of Mustang Community Development Department."
4.
IPC § 103.1 General is amended in its entirety to read as follows: "The Community Development Department is in charge of administering all International Code Council Codes except the International Fire Code. The community development director shall serve as the building official."
5.
IPC § 103.2 Appointment is amended in its entirety to read as follows: "The city manager shall appoint the community development director who shall serve as the chief building official unless this duty is otherwise delegated to a deputy."
6.
IPC § 103.3 Deputies is amended in its entirety to read as follows: "In accordance with the prescribed procedures of the City of Mustang, Oklahoma, and with the concurrence of the city manager, the community development director shall have the authority to appoint a chief building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official."
7.
IPC § 105.2 Alternative materials, design and methods of construction and equipment is amended in its entirety to read as follows: "The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction may be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved."
8.
IPC § 106.3.1 Construction Documents is amended in its entirety to read as follows: "Construction documents, engineering calculations, diagrams and other such data shall be submitted in six sets with each application for a permit. When the proposed construction exceeds 50,000 dollars in value, an electronic storage device with the construction documents shall also be submitted. The code official shall require construction documents, computations and specifications to be prepared and designed by a registered design professional where the construction exceeds 1500 or more square feet or as required by state law. Construction documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the work conforms to the provisions of this code. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for pipes, fittings and components and shall indicate the materials and methods for maintaining required structural safety, fire-resistance rating and fireblocking."
9.
IPC § 106.6.1 Work Commencing Before Permit Issuance is amended in its entirety to read as follows: "Any person who commences any work on a plumbing system before obtaining the necessary permits shall be subject to a fee established by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma that shall be in addition to the required permit fees."
10.
IPC § 106.6.2 Fee Schedule is amended in its entirety to read as follows: "Fees will be set by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma."
11.
IPC § 106.6.3 Fee refunds is amended in its entirety to read as follows: "In case of abandonment or discontinuance, the cost of work performed under a permit may be estimated, an adjustment of the fee made, and the portion of the fee for uncompleted work returned to the permit holder if requested in writing. Such refund shall be made at the discretion of the City Manager or his designee, provided that no refund of a prescribed minimum fee shall be made. If such discontinuance is due to revocation of permit, a similar adjustment and return may be made; provided that no refund shall be made until all penalties incurred or imposed by due authority have been collected. After such a refund has been made, no work shall be resumed until a new application has been made and a new permit has been issued."
12.
IPC § 108.4 Violation penalties is amended in its entirety to read as follows: "Any person who violates any of the provisions of this article or who fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed therein, shall severally, for every such violation and noncompliance respectively, be guilty of an offense, punishable as provided in Section 1-8 of the Code of Ordinances of the City of Mustang, Oklahoma. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and, when not otherwise specified, each ten (10) days that prohibited conditions are maintained constitutes a separate offense. The application of the penalty in this section shall not be held to prevent the enforced removal of prohibited conditions."
13.
IPC § 108.5 Stop work orders. The last sentence of this section is amended as follows: "Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be in violation and subject to the penalties outlined in IPC § 108.4 as noted above."
14.
IPC § 109.1 Application for appeal is amended in its entirety to read as follows: "In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. Appeals shall be made to the Board of Adjustment as provided for in the Code of Ordinances of the City of Mustang section 122-130."
15.
IPC § 109.2 Membership of Board is deleted in its entirety.
16.
IPC § 109.3 Notice of Meeting is deleted in its entirety.
17.
IPC § 109.4 Open Hearing is deleted in its entirety.
18.
IPC § 109.5 Postponed Hearing is deleted in its entirety.
19.
IPC § 109.6 Board Decision is deleted in its entirety.
20.
IPC § 109.7 Court Review is deleted in its entirety.
21.
IPC § 305.1 Protection against contact is amended in its entirety to read as follows: "Metallic piping, except for cast iron, ductile iron and galvanized steel, shall not be placed in direct contact with steel framing members, concrete or cinder walls and floors or other masonry. Metallic piping shall not be placed in direct contact with corrosive soil. Where sheathing is used to prevent direct contact, the sheathing shall have a thickness of not less than 0.008 inch (8 mil) (0.203 mm) and the sheathing shall be made of plastic. Where sheathing protects piping that penetrates concrete or masonry walls or floors, the sheathing shall be installed in a manner that allows movement of the piping within the sheathing. Water service lines installed under drives or sidewalks shall be sleeved with a Schedule 40 material two times the diameter of the water service for services two inches or less in diameter."
22.
IPC § 305.4.1 Sewer Depth is amended in its entirety to read as follows: "Building sewers that connect to private sewage disposal systems shall be a minimum of 12 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 12 inches below grade."
23.
IPC § 305.7.1 Construction Equipment is added to read as follows: "Construction equipment such as backhoes or bobcats, etc., shall not be permitted within a stem wall area or foundation perimeter after the plumbing system has been installed."
Exception: Construction equipment shall be permitted within said prohibited areas where such equipment does not travel over or adjacent to the plumbing system subjecting it to physical damage, provided, however, that the code official shall be notified prior to the work and shall verify that no damage is done to the installation. Additional testing and inspection shall be required when construction equipment has been removed and before slab work is started.
24.
IPC § 312.2 Drainage and vent water test is amended in its entirety to read as follows: "A water test shall be applied to the drainage system either in its entirety or in sections. If applied to the entire system, all openings in the piping shall be tightly closed, except the highest opening, and the system shall be filled with water to the point of overflow. If the system is tested in sections, each opening shall be tightly plugged except the highest openings of the section under test, and each section shall be filled with water, but sections shall not be tested with less than a 5-foot (1524 mm) head of water. In testing successive sections, not less than the upper 5 feet (1524 mm) of the next preceding section shall be tested so that no joint or pipe in the building, except the uppermost 5 feet (1524 mm) of the system, shall have been submitted to a test of less than a 5 foot (1524 mm) head of water. This pressure shall be held for not less than 15 minutes. The system shall then be tight at all points."
25.
IPC § 312.6 Gravity sewer test is amended in its entirety to read as follows: "Gravity sewer tests shall consist of plugging the end of the building sewer at the point of connection with the public sewer, filling the building sewer with water, testing with not less than a 5 foot (1524 mm) head of water and maintaining such pressure for 15 minutes."
26.
IPC § 608.17.5 Connections to lawn irrigation systems is amended in its entirety to read as follows: "The potable water supply to lawn irrigation systems shall be protected against backflow by an atmospheric vacuum breaker, a pressure vacuum breaker assembly, a spill resistant backflow preventer or a reduced pressure principle backflow prevention assembly. Valves shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow prevention assembly.
a.
Specific Requirements for lawn irrigation.
1.
Backflow prevention device shall be tested and certified to meet standards as specified by the American Water Works Association or the American Backflow Prevention Association at the time the device is originally installed and annually thereafter.
2.
Where irrigation systems are served by a water meter that also serves a building, an approved accessible brass or PVC schedule 80 isolation valve, rated for at least 150 psi shall be installed at the point of connection to the potable water system and the backflow preventer, so that the irrigation system may be turned off without disrupting service to the building.
3.
When an irrigation contractor or his employees during the course of servicing an existing system determines that no identifiable backflow prevention device is being used, the contractor shall be required to notify the owner of the property and the Department of Community Development of the city.
4.
Existing irrigation system shall be upgraded with an approved backflow prevention device if that system is to be changed, modified or expanded as permitted by other codes.
5.
No irrigation system shall be connected to the city's potable water supply system that is not protected by a properly installed and maintained backflow preventer. Only a licensed plumber may make the connection.
b.
Installation requirements.
1.
Backflow preventers shall not be located in areas subject to freezing except where they can be removed by means of unions or are protected from freezing by heat, insulation or both. If the backflow preventer is protected by heat wrap or heat tape the power source shall meet NFPA 70, National Electric Code.
2.
The water piping connecting the potable water service to the backflow prevention device shall be installed at a minimum 18-inch depth.
3.
System shall be designed to not cause water hammer effect.
4.
Sprinkler heads shall be installed and maintained in a manner to not spray onto or across public sidewalks.
5.
Sprinkler heads shall be installed and maintained in a manner to not spray onto or cause ponding in public streets.
6.
Irrigation systems subject to operations during freezing or raining weather shall have installed a freeze and rain sensor to prevent the formation of ice on public sidewalks or public streets and prevent the sprinkler system from operating during periods of rainfall.
7.
The termination of the piping from the relief port or air gap fitting of a backflow preventer shall discharge to an approved indirect waste receptor or to the outdoors where it will not cause damage or create a nuisance.
27.
IPC § 714.1 Sewage backflow is amended in its entirety to read as follows: "Backflow prevention valves shall be required on all new residential, commercial, industrial, and public building structures, and for new hookups to public sewer of existing residential, commercial, industrial, and public building structures."
28.
IPC § 903.1 Roof extension is amended in its entirety to read as follows: "Open vent pipes that extend through a roof shall be terminated not less than 6 inches (152.4 mm) above the roof. Where a roof is to be used for assembly or as a promenade, observation deck, sunbathing deck or similar purposes, open vent pipes shall terminate not less than 7 feet (2134 mm) above the roof."
29.
IPC § 918.1 General is amended in its entirety to read as follows: "Air admittance valves are not allowed unless approved by the Chief Building Inspector. Vent systems utilizing air admittance valves shall comply with this section. Stack-type air admittance valves shall conform to ASSE 1050. Individual and branch type air admittance valves shall conform to ASSE 1051."
30.
IPC § 1003.3.5.1 Grease interceptor capacity is amended in its entirety to read as follows: "Hydromechanical and automatic grease removal systems shall be sized at a minimum for a total flow through rating of 15 gallons per minute and a grease retention capacity of 30 pounds."
31.
IPC § 1003.3.7 Gravity grease interceptors and gravity grease interceptors with fats, oils, and greases disposal systems is amended in its entirety to read as follows: "The required capacity of gravity grease interceptors and gravity grease interceptors with fats, oils, and greases disposal systems shall be a minimum of 500 gallons. Gravity grease interceptors shall be designed and tested in accordance with IAPMO/ANSI Z1001. Gravity grease interceptors with fats, oils, and greases disposal systems shall be designed and tested in accordance with ASME A112.14.6 and IAPMO/ANSI Z1001. Gravity grease interceptors and gravity grease interceptors with fats, oils, and greases disposal systems shall be installed in accordance with manufacturer's instructions. Where manufacturer's instructions are not provided, gravity grease interceptors and gravity grease interceptors with fats, oils, and greases disposal systems shall be installed in compliance with ASME A112.14.6 and IAPMO/ANSI Z1001."
(Ord. No. 1114, § 2, 11-4-2014; Ord. No. 1268, § 2, 8-2-2022)
No plumbing work shall be undertaken within the city until a plumbing permit has been obtained from the inspection department of the city. The fees to be paid for a plumbing permit shall be as set out in the fee schedule in section 42-18.
(Code 1977, § 15.20.040)
The city plumbing board shall have the authority to allow the installation and use of special equipment, material, plumbing methods and installations if in its judgment they are reasonably safe for the intended use.
(Code 1977, § 15.20.030)
A plumbing board may be created for the purpose of hearing complaints against any registered journeyman plumber or plumbing contractor, if deemed necessary by the city council, which will operate as set forth in this article. The board shall be responsible for the updating of the plumbing ordinances and codes. Each appointed member shall hold office for a period of three years or until his successor takes office, except that the planning director and building inspector of the city shall have indefinite terms. The board shall consist of the following:
(1)
One registered journeyman plumber who is registered in the city.
(2)
One registered plumbing contractor who is registered in the city.
(3)
One licensed water operator registered with the state department of health and employed by the city.
(4)
The planning director and building inspector of the city.
The board members shall be appointed with the approval of the council.
(Code 1977, § 15.20.120)
No person shall work as a journeyman plumber in the city without registering with the city. The city clerk shall issue a city journeyman plumber's certificate to any person possessing a valid unrevoked and unexpired license as a journeyman plumber issued by the state commissioner of health, provided the journeyman plumber pays to the city clerk's office an initial registration fee as set forth in section 42-18.
(Code 1977, § 15.20.070)
No person shall work as a plumbing contractor in the city without registering with the city. The city clerk shall issue a plumbing contractor's registration to any person who:
(1)
Possesses a valid, unrevoked and unexpired plumbing contractor's license issued by the state commissioner of health.
(2)
Pays an initial plumbing contractor's registration fee as set forth in section 42-18.
(Code 1977, §§ 15.08.080, 15.20.080)
No individual shall engage in the business of installing, repairing or altering plumbing unless the plumbing work performed in the course of such business is under the direct supervision of a plumbing contractor registered with the city.
(Code 1977, § 15.20.090)
Registrations issued under this division shall expire on October 31 of the year issued; however, certificates issued after September 1 shall expire on October 31 of the following year. Renewal fees for journeyman plumber's certificates shall be as set forth in section 42-18. The renewal fee for a plumbing contractor's registration shall be as set forth in section 42-18. The renewal fee shall be doubled if a certificate is not renewed within 90 days after expiration. A new application is required if registration is not renewed within 180 days after expiration.
(Code 1977, §§ 15.20.100, 15.20.110)
(a)
The plumbing hearing board shall be authorized to suspend or revoke the registration of any journeyman plumber or plumbing contractor for not to exceed one year if it finds reason to believe that the registrant has:
(1)
Violated any provisions of this Code or the laws of the state relating to plumbing;
(2)
Caused injury or damage to the person or property of any person as a result of any negligent act or omission;
(3)
Allowed the use of his registration by any unsupervised person;
(4)
Willfully failed to perform his normal business obligations without justifiable cause; or
(5)
Violated the general ordinances of the city or the laws of the state relating to public decency or illegal business practices.
(b)
Written charges specifying the complaint shall be filed with the city clerk's office requesting a hearing before the board by the complaining person. A copy of the charges shall be served on the registrant, who shall be notified of the date of the hearing, which shall not be less than 30 days after the service of such notice. The registrant may appear and be heard at the hearing. All testimony shall be under oath, and the chairperson of the board shall have the power to administer oaths.
(Code 1977, § 15.20.130)
No person except a licensed house mover shall engage in the business of moving houses, buildings or other structures within the city. A house mover's license may be obtained from the city clerk. Application for such license shall be in writing and shall show the name and address of the owner of the business, and if the business is a partnership the name of each member thereof, and if such applicant is a corporation the corporate name of such applicant and the business address of the applicant.
(Code 1977, § 15.36.010)
The city may require the house mover to provide a police escort for the purpose of regulating traffic along the route on which a house, building or structure is being moved. Any such police protection shall be at the expense of the house mover.
(Code 1977, § 15.36.100)
No house, building or structure shall be moved within the city between the hours of 6:30 a.m. and 8:30 a.m., or between the hours of 3:30 p.m. and 5:30 p.m.
(Code 1977, § 15.36.110)
(a)
It is unlawful for any person to move any building, house or structure along or across any street, alley, boulevard or other public ground or thoroughfare within the city limits without first having obtained a written permit from the city clerk allowing the moving thereof.
(b)
No permit shall be issued to move any building until the service sewer line from the building, house or structure to be moved shall have been plugged by a licensed plumber at the riser at a point not less than four feet deep from the surface of the ground. It shall be the duty of the person obtaining the permit to immediately clean up the lot from which the building was moved by filling in all holes and removing any debris and trash from the premises. The person shall deposit with the city clerk before removing the building the sum set forth in section 42-18 as a guarantee that the lot will be cleaned up as stated. If the person does not clean up the lot within ten days after the removal of the building, the city manager is authorized to clean up the lot and expend all or a portion of the deposit to clean up the lot. If the lot is cleaned up by the person, the city clerk will refund the deposit.
(Code 1977, § 15.36.040)
(a)
Before any permit is issued under this division by the city clerk, an application therefor shall be submitted to the city planning commission to determine whether any zoning or plat restrictions or land use or other requirements will be violated by the removal of the house, building or structure.
(b)
The city planning commission shall also determine whether the house, building or structure, when moved to its new location, will conform to the general nature, quality and character of the other houses, buildings and structures in the neighborhood, and whether the placing of the house, building or structure would tend to devalue the surrounding property or would result in the creation of a blighted condition in the area or neighborhood.
(c)
The city planning commission shall, within 30 days from the date of the application, conduct a public hearing on the application and prepare its recommendations to the city council as to whether the permit should be approved, approved with modifications, or denied. No permit shall be issued without the prior approval of the city council.
(1)
An application recommended by the planning commission for approval, or approval subject to modifications, shall be transmitted to the city council with the report and recommendations of the planning commission within 30 days of the planning commission action for hearing before and city council action thereon.
(2)
An application recommended for denial by the planning commission shall not be considered further unless the applicant, within 15 days of the action by the planning commission, shall file with the city clerk and the recording secretary of the planning commission a written request for a public hearing before the city council. If no such request is filed, then $50.00 of the original permit fee shall be refunded to the applicant. Upon notice of a request for a public hearing before the city council, the planning commission shall transmit to the city council the application, its report and recommendations, and a copy of its minutes of the hearing. The recording secretary of the planning commission shall notify all interested parties of the time and place of the city council meeting pursuant to subsection (d) herein.
(d)
When an application is presented to the city clerk, he shall cause notice of the application to be given to all property owners or residents within a 300-foot radius of the site on which the house, building or structure is to be moved, and the notice shall state the time and place when the application shall be heard by the city planning commission; however, failure to give the notice shall in no manner deprive the city council of the right to grant or refuse the issuance of the permit.
(e)
The application shall describe the present location and the type and size of the house, building or structure to be moved, and be accompanied by a plot plan showing the proposed location of the house, building or structure with relation to setback and side lot lines, and the route over the streets of the city on which it is intended that the house, building or structure shall be moved. The applicant shall furnish recent photographs showing front and rear views of the house, building or structure to be moved. If the house, building or structure is to be moved to a location within the city, the applicant shall describe all improvements and repairs intended to be made on the house, building or structure. The city planning commission shall determine whether such improvements and repairs are adequate to comply with the plumbing, electrical and building codes of the city; and the city planning commission, if it determines other improvements or repairs are necessary to so conform, may require other improvements or repairs to be made as a condition to the issuance of the moving permit. The application shall show the date and proposed time of moving.
(Code 1977, § 15.36.050; Ord. No. 1174, § 2, 9-4-2018)
It is the duty of the building inspector, upon the filing of an application for a permit to move a building, to cause an inspection of such building to be made and to cause such further investigation to be made as may be necessary for the purpose of determining whether or not the provisions of this article have been or can be complied with. For such inspection, a fee shall be paid by the applicant to the city clerk as set forth in section 42-18.
(Code 1977, § 15.36.060)
(a)
Required. Prior to the issuance of a building moving permit, the applicant must post with the city a bond or undertaking to be approved by the city clerk in the penal sum of $2,500.00, payable to the city, conditioned that the applicant will cause all improvements and repairs required by the city council as a condition to the issuance of the permit to be completed within 90 days from the date of the moving of the house, building or structure onto its new location.
(b)
Forfeiture. If the improvements and repairs have not been completed within the time set out in subsection (a) of this section and in accordance with the requirements set forth in the permit, and the city council has adopted a resolution making a finding to that effect and declaring a forfeiture, the bond or undertaking shall be forfeited to the city; provided, however, that the city shall, prior to the passing and adoption of such resolution, give written notice to the applicant by registered mail and to the surety at the address shown on the application and to the address of the surety, at least ten days prior to the meeting when the resolution is to be considered. The notice shall state both the time and place of the hearing, and shall itemize the improvements and repairs which have been completed according to the permit, and shall set forth the sections of the plumbing, building or electrical code violated.
(Code 1977, § 15.36.070)
For the moving of houses, buildings or structures as provided in this article, the permit fee shall be as set forth in section 42-18. The fees shall be paid by the applicant for such permit to the city clerk at the time of or before the issuance of the permit.
(Code 1977, § 15.36.080)
(a)
No permit for the removal of any house, building or structure upon any street shall be issued until the route to be taken in such removal shall have been approved by the city council.
(b)
In all cases where it is necessary to remove any electric line, telephone line or telegraph line, it shall be the duty of the house mover to give not less than 24 hours' notice to the public utility company or person owning or operating the lines. The notice shall state the place, the construction which is necessary to be removed or temporarily changed or altered, the date on which it is desired to have such clearance made, and the time it will be necessary to keep such space clear. No building, house or structure shall be moved over the streets of the city until the city or the public utility company or the person owning or operating the public utility line shall have had a reasonable time, not exceeding seven days, to make such clearance. The city may make reasonable charges to the house mover for the cost of removing, raising or temporarily changing or altering such lines owned or operated by the city. The house mover shall pay any costs charged by a utility company for the raising or removing of or temporarily changing or altering such lines owned by the company.
(Code 1977, § 15.36.090)
BUILDINGS AND BUILDING REGULATIONS
Cross reference— Utilities, ch. 118.
State Law reference— Municipal regulation of electrical installations, 59 O.S. § 1693.
Cross reference— Utilities, ch. 118.
State Law reference— Local regulation of mechanical systems, 59 O.S. § 1850.12.
Cross reference— Utilities, ch. 118.
State Law reference— Plumbing and plumbing contractors, 59 O.S. § 1001 et seq.; duty of city to prescribe plumbing regulations, 59 O.S. § 1015.
Cross reference— Streets, sidewalks and other public places, ch. 102.
(a)
In any case where any building, structure or premises within the city is being built, used or occupied in violation of any provisions of the ordinances of the city, the building official may notify the city manager of such fact and request discontinuance of water service to such building, structure or premises until such violation has been discontinued and remedied to the satisfaction of the building official.
(b)
Prior to giving such notification or request to the city manager, the building official shall first notify the contractor, owner or occupant of the building, structure or premises that such violation exists.
(c)
After the building official has given such notice, if the violation has not been corrected and remedied, the city manager shall, without further notice, order water service to the building, structure or premises immediately discontinued, and the water service shall not thereafter be restored until the violation has been corrected or remedied to the satisfaction of the building official.
(d)
At any time when water service has been so discontinued, it is unlawful for the contractor, owner or occupant of the premises to drill any water well or connect to any other water service intended to service such building, structure or premises.
(Code 1977, §§ 15.04.010—15.04.040)
All fees required under this chapter shall be paid to the building official or other inspector prior to the issuance of a permit, and the building official or other inspector shall keep a record of permits issued and moneys collected and shall promptly pay to the city clerk all moneys thus collected.
(Code 1977, § 15.04.050)
If any work is conducted in violation of the provisions of this chapter or other ordinances of the city, the building, plumbing, electrical or other permit issued pursuant to this chapter may be suspended, and it is unlawful to continue work until the violation has been corrected to the satisfaction of the building official.
(Code 1977, § 15.04.060)
In addition to the fees provided in articles II through VI of this chapter, each applicant shall pay an Oklahoma Uniform Building Code Commission fee for the issuance or renewal of any building permit in the amount set forth in section 42-18. Of this fee amount, $0.50 cents shall be deposited into the city's general fund. The remaining fee amount shall be deposited by the city into a separate account created for that purpose, to be held and remitted to the state treasury for deposit in the Oklahoma Uniform Building Code Commission Revolving Fund as required by applicable law. For purposes of this section, the term "building permit" shall have the meaning ascribed by the Oklahoma Building Code Commission, Oklahoma Administrative Code, Title 748, as amended from time to time.
(Ord. No. 1036, § 1, 1-19-2010; Ord. No. 1041, § 1, 4-6-2010)
Editor's note— Section 1 of Ord. No. 1036, adopted Jan. 19, 2010, added a new provision designated as § 18-38. Subsequently, section 1 of Ord. No. 1041, adopted April 6, 2010, amended and renumbered § 18-38 as § 18-4.
The Oklahoma Uniform Building Code Commission fee for the issuance or renewal of any building permit as provided in section 18-4 of this article shall take effect upon final establishment of such fee by the Oklahoma Uniform Building Code Commission.
(Ord. No. 1039, § 1, 2-16-2010; Ord. No. 1041, § 2, 4-6-2010)
Editor's note— Section 1 of Ord. No. 1039, adopted Feb. 16, 2010, added a new provision designated as § 18-39. Subsequently, section 2 of Ord. No. 1041, adopted April 6, 2010, amended and renumbered § 18-39 as § 18-5.
That a certain document, three copies of which are on file in the office of the city clerk of the City of Mustang, Oklahoma, being marked and designated as the International Building Code, 2018 edition, as published by the International Code Council, as amended by the City of Mustang in section 18-31.B herein, and including Appendix F (Rodentproofing), Appendix I (Patio Covers), and Appendix J (Grading), is hereby adopted as the Building Code of the City of Mustang, State of Oklahoma, for regulating and governing the conditions and maintenance of all property, buildings and structures, 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, and providing for the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said building code on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes so adopted and amended in section 18-31B, are part of this Code.
(Ord. No. 1111, §§ 1, 2, 11-4-2014; Ord. No. 1136, § 1, 2-16-2016; Ord. No. 1239, § 1, 11-2-2021; Ord. No. 1264, § 1, 8-2-2022)
The City of Mustang hereby adopts all amendments of the 2018 International Building Code (herein "IBC") as prescribed by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, except as amended herein:
1.
IBC § 101.1 Title. Insert City of Mustang, Oklahoma for name of jurisdiction.
2.
IBC § 101.4.4 Property Maintenance is deleted in its entirety.
3.
IBC § 101.4.6 Energy is deleted in its entirety.
4.
IBC § 102.4 Referenced codes and standards. Add the following language to the end of the paragraph: "Where the City of Mustang has adopted a specific referenced code or standard different than those listed, the adopted code shall apply."
5.
IBC § 102.6 Existing Structures is amended to read as: "The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the International Existing Building Code or the International Fire Code."
6.
IBC § 103 Department of Building Safety is hereby amended in its entirety and shall be titled as follows: "The City of Mustang Community Development Department."
7.
IBC § 103.1 Creation of an enforcement agency is amended in its entirety to read as follows: "The Community Development Department is in charge of administering all International Code Council Codes except the International Fire Code. The community development director shall serve as the building official."
8.
IBC § 103.2 Appointment is amended in its entirety to read as follows: "The city manager shall appoint the community development director who shall serve as the chief building official unless this duty is otherwise delegated to a deputy."
9.
IBC § 103.3 Deputies is amended in its entirety to read as follows: "In accordance with the prescribed procedures of the City of Mustang, Oklahoma, and with the concurrence of the city manager, the community development director shall have the authority to appoint a chief building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official."
10.
IBC § 104.11 Alternative materials, design and methods of construction and equipment is amended in its entirety to read as follows: "The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction may be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved."
11.
IBC § 105.2 Work exempt from permit (Building only) is amended in its entirety to read as follows:
"1.
One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses are exempt provided it adheres to the following conditions:
1.
Its floor area does not exceed 100 square feet (9.2903 m 2 )
2.
Its height is 10 feet (3048 mm) above grade or less.
3.
It is not attached to a permanent foundation.
4.
It is not permanently served by any utility service.
2.
Oil derricks.
3.
Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18925 L) and the ratio of height to diameter or width does not exceed 2:1.
4.
Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
5.
Temporary motion picture, television and theater stage sets and scenery.
6.
Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep.
7.
Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
8.
Swings and other playground equipment accessory to detached one- and two-family dwellings.
9.
Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Groups R-3 and U occupancies.
10.
Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.
12.
IBC § 107.1 General is amended to read as follows: "Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in six sets with each permit application. When the proposed construction exceeds 50,000 dollars in value, an electronic storage device with the construction documents shall also be submitted. The construction documents shall be prepared by a registered design professional when the construction exceeds 1500 or more square feet or where a clear span of 30 feet or greater exists. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional."
13.
IBC § 107.2.1 Information on construction documents. The following requirements are added to the end of the paragraph: "The seal and signature of an Oklahoma licensed engineer or architect shall be required on plans featuring any of the following elements:
1.
Where such certification is required by the State of Oklahoma.
2.
Plans with any clear span greater than 10 feet (3048 mm) that supports any portion of the roof load. An alternative to an engineer's certification is available for spans greater than 10 feet but less than 24 feet (7315 mm). In such instances the Owner may use Glu Lams, LVLs or similar products provided they have been certified by the manufacturer for the proposed live and dead loads and are approved by the Chief Building Inspector. Calculations and written approval shall accompany construction documents and shall be placed in the permit file.
3.
Structures with habitable space that is below grade.
4.
Any anchoring system, pier or footing design that is not approved by the Chief Building Inspector."
14.
IBC § 109.2 Schedule of permit fees is amended in its entirety to read as follows: "Fees will be set by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma."
15.
IBC § 109.4 Work commencing before permit issuance is amended in its entirety to read as follows: "Any person who commences any work on a building or structure before obtaining the necessary permits shall be subject to a fee established by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma."
16.
IBC § 113.1 General is amended in its entirety to read as follows: "Appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the Board of Adjustment as provided for in the Code of Ordinances of the City of Mustang, section 122-130."
17.
IBC § 113.3 Qualifications is deleted in its entirety.
18.
IBC § 114.4 Violation penalties is hereby amended in its entirety to read as follows: "Any person who violates any of the provisions of this article or who fails to comply therewith, or who violates or fails to comply with any order made there under, or who builds in violation of any detailed statement of specifications or plans submitted and approved there under, or any certificate or permit issued there under, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed therein, shall severally, for every such violation and noncompliance respectively, be guilty of an offense, punishable as provided in the Code of Ordinances of the City of Mustang, Oklahoma § 1-8. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and, when not otherwise specified, each ten days that prohibited conditions are maintained constitutes a separate offense. The application of the penalty in this section shall not be held to prevent the enforced removal of prohibited conditions."
19.
IBC § 116.1 Conditions is amended to read as follows: "Structures or existing equipment that are or hereafter become unsafe, insanitary, has suffered substantial damage or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe."
20.
IBC § 116.5 Restoration is amended to read as follows: "Where the structure or equipment determined to be unsafe by the building official is restored to a safe condition, to the extent that repairs, alterations or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions and change of occupancy shall comply with the requirements of the International Existing Building Code or the International Fire Code."
21.
IBC Section 202 Definitions is amended to add the following definitions:
"SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value as determine by the Canadian County Assessor before the damage occurred or if the structure has 50 percent or more damage as determined by the Chief Building Inspector or a Registered Design Professional.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value as determine by the Canadian County Assessor or exceeds 50 percent of the structure as determined by the Chief Building Inspector or a Registered Design Professional before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:
1.
Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.
2.
Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure."
22.
IBC § 1612.3 Establishment of flood hazard areas. Insert "City of Mustang, Oklahoma" for the name of the jurisdiction.
23.
IBC § 1612.3 Establishment of flood hazard areas. Insert "September 26, 2008" for the required date.
24.
IBC § 3302.2 Manner of removal is amended to read as follows: "Waste materials shall be contained and removed in a manner which prevents injury or damage to persons, adjoining properties, and public rights-of-way. At a minimum, each demolition, remodel, addition, or construction site shall have a debris container of not less than four yards to hold debris. The container shall be covered by a tarp or other method during overnight hours and weekends to prevent debris from being blown from the container. The debris container shall be emptied on a regular basis by a professional disposal service."
(Ord. No. 1111, §§ 1, 3, 11-4-2014; Ord. No. 1204, § 1, 6-2-2020; Ord. No. 1264, § 2, 8-2-2022)
A certain document, three copies of which are on file in the office of the city clerk of the City of Mustang, Oklahoma, being marked and designated as the International Existing Building Code, 2018 edition, as published by the International Code Council, as amended by the City of Mustang in section 18-32B herein, is hereby adopted as the Existing Building Code of the City of Mustang, State of Oklahoma, for regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, as herein provided, and providing for the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said existing building code are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes so adopted and amended in section 18-32B herein.
(Ord. No. 1111, §§ 1, 4, 11-4-2014; Ord. No. 1136, § 1, 2-16-2016; Ord. No. 1136, § 2, 2-16-2016; Ord. No. 1239, § 2, 11-2-2021; Ord. No. 1264, § 3, 8-2-2022)
The City of Mustang hereby adopts all amendments of the 2018 International Existing Building Code (herein "IEBC") as prescribed by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, except as amended herein:
1.
IEBC § 101.1 Title. Insert "City of Mustang, Oklahoma" for name of jurisdiction.
2.
IEBC § 102.4 Referenced Codes and Standards. Add the following language to the end of the paragraph: "Where the City of Mustang has adopted a specific referenced code or standard different than those listed, the adopted code shall apply."
3.
IEBC Section 103 Department of Building Safety is hereby amended in its entirety and shall be titled as follows: "The City of Mustang Community Development Department."
4.
IEBC § 103.1 Creation of Enforcement Agency is amended in its entirety to read as follows: "The Community Development Department is in charge of administering all International Code Council Codes except the International Fire Code. The community development director shall serve as the building official."
5.
IEBC § 103.2 Appointment is amended in its entirety to read as follows: "The city manager shall appoint the community development director who shall serve as the chief building official unless this duty is otherwise delegated to a deputy."
6.
IEBC § 103.3 Deputies is amended in its entirety to read as follows: "In accordance with the prescribed procedures of the City of Mustang, Oklahoma, and with the concurrence of the city manager, the community development director shall have the authority to appoint a chief building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official."
7.
IEBC § 104.11 Alternative Materials, Design and Methods of Construction, and Equipment is amended in its entirety to read as follows: "The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design, or method of construction may be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method, or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons why the alternative was not approved."
8.
IEBC § 105.2 Work Exempt From Permit is amended in its entirety to read as follows: "Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:
Building only:
1.
Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.
2.
Temporary motion picture, television, and theater stage sets and scenery.
3.
Shade cloth structures constructed for nursery or agricultural purposes, and not including service systems.
4.
Window awnings supported by an exterior wall of Group R-3 or Group U occupancies.
5.
Movable cases, counters, and partitions not over 69 inches (1753 mm) in height.
9.
IEBC § 106.1 General is amended in its entirety to read as follows: "Submittal documents consisting of construction documents, special inspection and structural observation programs, investigation and evaluation reports, and other data shall be submitted in six sets with each application for a permit. When the proposed construction exceeds 50,000 dollars in value, an electronic storage device with the construction documents shall also be submitted. The construction documents shall be prepared by a registered design professional when the construction exceeds 1500 or more square feet or where a clear span of 30 feet or greater exists. Where special conditions exist, the code official is authorized to require additional construction documents to be prepared by a registered design professional."
10.
IEBC § 106.2.1 Construction Documents. The following requirements are added to the end of the paragraph: "The seal and signature of an Oklahoma licensed engineer or architect shall be required on plans featuring any of the following elements:
1.
Where such certification is required by the State of Oklahoma.
2.
Plans with any clear span greater than 10 feet (3048 mm). An alternative to an engineer's certification is available for spans greater than 10 feet but less than 24 feet (7315 mm). In such instances the Owner may use Glu Lams, LVLs or similar products provided they have been certified by the manufacturer for the proposed live and dead loads and are approved by the Chief Building Inspector. Calculations and written approval shall accompany construction documents and shall be placed in the permit file.
3.
Structures with habitable space that is below grade.
4.
Any anchoring system, pier or footing design that is not approved by the Chief Building Inspector."
11.
IEBC § 108.2 Schedule of permit fees is amended in its entirety to read as follows: "Fees will be set by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma."
12.
IEBC § 108.4 Work commencing before permit issuance is amended in its entirety to read as follows: "Any person who commences any work before obtaining the necessary permits shall be subject to an additional fee established by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma."
13.
IEBC § 112.1 General is amended in its entirety to read as follows: "Appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the Board of Adjustment as provided for in the Code of Ordinances of the City of Mustang section 122-130."
14.
IEBC § 112.3 Qualifications is deleted in its entirety.
15.
IEBC § 113.4 Violation Penalties is hereby amended in its entirety to read as follows: "Any person who violates any of the provisions of this article or who fails to comply therewith, or who violates or fails to comply with any order made there under, or who builds in violation of any detailed statement of specifications or plans submitted and approved there under, or any certificate or permit issued there under, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed therein, shall severally, for every such violation and noncompliance respectively, be guilty of an offense, punishable as provided in the Code of Ordinances of the City of Mustang, Oklahoma § 1-8. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and, when not otherwise specified, each ten days that prohibited conditions are maintained constitutes a separate offense. The application of the penalty in this section shall not be held to prevent the enforced removal of prohibited conditions."
16.
IEBC § 115.1 Conditions is amended in its entirety to read as follows: "Structures or existing equipment that are or hereafter become unsafe, insanitary, has suffered substantial damage or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Buildings, structures or equipment that are or hereafter become unsafe, shall be taken down, removed or made safe as the code official deems necessary and as provided for in this code. A vacant structure that is not secured against entry shall be deemed unsafe."
17.
IEBC § Section 202 Definitions is amended to include the following definitions:
"SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value as determine by the Canadian County Assessor before the damage occurred or if the structure has 50 percent or more damage as determined by the Chief Building Inspector or a Registered Design Professional.
SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value as determine by the Canadian County Assessor or exceeds 50 percent of the structure as determined by the Chief Building Inspector or a Registered Design Professional before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:
1.
Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.
2.
Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.
18.
IEBC § 302.3 Additional Codes is amended in its entirety to read as follows: "Alterations, repairs, additions and changes of occupancy to, or relocation of, existing buildings and structures shall comply with the provisions for alterations, repairs, additions and changes of occupancy or relocation, respectively, in this code and the International Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code and NFPA 70. Where provisions of the other codes conflict with provisions of this code, the provisions of this code shall take precedence."
19.
IEBC § 702.6 Materials and Methods is amended in its entirety to read as follows: "New work shall comply with the materials and methods requirements in the International Building Code, International Mechanical Code, and International Plumbing Code, International Residential Code and NFPA 70 as applicable, that specify material standards, detail of installation and connection, joints, penetrations, and continuity of any element, component, or system in the building."
20.
IEBC § 707.1 Minimum Requirements is amended in its entirety to read as follows: "Level 1 alterations to existing buildings or structures do not require the entire building or structure to comply with the International Residential Code. The alterations shall conform to the International Residential Code as they relate to new construction only."
21.
IEBC § 810.1 Minimum Requirements is deleted in its entirety.
22.
IEBC § 907.1 Minimum Requirements is deleted in its entirety.
23.
IEBC § 1107.1 Minimum Requirements is deleted in its entirety.
24.
IEBC § 1301.3.2 Compliance With Other Codes is amended in its entirety to read as follows: "Buildings that are evaluated in accordance with this section shall comply with the International Fire Code."
25.
IEBC § 1401.2 Conformance is amended to read as follows: "The building shall be safe for human occupancy as determined by the International Fire Code.. Any repair, alteration or change of occupancy undertaken within the moved structure shall comply with the requirements of this code applicable to the work being performed. Any field-fabricated elements shall comply with the requirements of the International Building Code or the International Residential Code as applicable."
(Ord. No. 1111, §§ 1, 5, 11-4-2014; Ord. No. 1264, § 4, 8-2-2022)
A certain document, three copies of which are on file in the office of the city clerk of the City of Mustang, Oklahoma, being marked and designated as the International Residential Code, 2018 edition, including commentaries and Appendix H (Patio Covers), Appendix J (Existing Buildings and Structures), and Appendix U (Automatic Fire Sprinkler Systems) (with amendments), as published by the International Code Council and as currently adopted and amended by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, and as amended by the City of Mustang in section 18-33B herein, is hereby adopted as the Residential Code of the City of Mustang, State of Oklahoma, for regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress as herein provided, and providing for the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said 2018 International Residential Code on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes so adopted and amended in section 18-33B herein, are part of this Code.
(Ord. No. 1111, §§ 1, 6, 11-4-2014; Ord. No. 1144, § 1, 3-7-2017; Ord. No. 1240, § 1, 11-2-2021; Ord. No. 1246, § 1, 1-4-2022; Ord. No. 1269, § 1, 8-2-2022)
The City of Mustang hereby adopts all amendments of the 2018 International Residential Code for one- and two-family dwellings (herein "IRC") as prescribed by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, except as amended herein:
1.
IRC § R101.1 Title. Insert "City of Mustang, Oklahoma" for name of jurisdiction.
2.
IRC § R102.4 Referenced codes and standards. Add the following language to the end of the paragraph: "Where the City of Mustang has adopted a specific referenced code or standard different than those listed, the adopted code shall apply."
3.
IRC §R102.7 Existing Structures is amended to read as follows: "The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code or the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public."
4.
IRC § R102.7.1 Additions, alterations and repairs. Additions, alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with the requirements of this code, unless otherwise stated. Additions, alterations or repairs and relocations shall not cause an existing structure to become unsafe or adversely affect the performance of the building.
1.
If the structure has 50 percent or more damage as determined by the Chief Building Inspector or a Registered Design Professional the structure shall comply with the construction codes for a new structure.
2.
Damage of any origin sustained to the structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred as determine by the Canadian County Assessor.
5.
IRC § R103 Department of Building Safety is hereby amended in its entirety and shall be titled as follows: "The City of Mustang Community Development Department".
6.
IRC § R103.1 Creation of an enforcement agency is amended in its entirety to read as follows: "The Community Development Department is in charge of administering all International Code Council Codes except the International Fire Code. The community development director shall serve as the building official."
7.
IRC § R103.2 Appointment is amended in its entirety as follows: "The city manager shall appoint the community development director who shall serve as the chief building official unless this duty is otherwise delegated to a deputy."
8.
IRC § R103.3 Deputies is amended in its entirety to read as follows: "In accordance with the prescribed procedures of the City of Mustang, Oklahoma, and with the concurrence of the city manager, the community development director shall have the authority to appoint a chief building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official."
9.
IRC § R105.2 Work exempt from permit (Building only) is amended in its entirety to read as follows:
1.
"One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses are exempt provided it adheres to the following conditions:
a.
Its floor area does not exceed 100 square feet (9.2903 m 2 ).
b.
Its height is 10 feet (3048 mm) above grade or less.
c.
It is not attached to a permanent foundation.
2.
Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18925 L) and the ratio of height to diameter or width does not exceed 2:1.3.
3.
Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
4.
Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
5.
Swings and other playground equipment.
6.
Window awnings supported by an exterior wall that do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support.
7.
Decks not exceeding 200 square feet (18.58 m 2 ) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4.
NOTE: Electrical, gas and mechanical exemptions shall remain intact as provided for in the IRC.
10.
IRC § R106.1.1 Information on construction documents. The following requirements are added to the end of the paragraph: "The seal and signature of an Oklahoma licensed engineer or architect shall be required on plans featuring any of the following designs:
1.
A Structure with habitable space that is below grade.
2.
Any anchoring system, pier or footing design that is not approved by the Chief Building Inspector."
11.
IRC § R106.1.2 Plans with any clear span greater than 10 feet (3048 mm). The following requirements are added to the end of the paragraph:
1.
Clear spans greater than 10 feet (3048 mm) in length that support any portion of the roof to include all purlins and bracing that is not on a load bearing wall shall be Glu Lams, LVLs or similar products provided they have been certified by the manufacturer for the proposed live and dead loads and are approved by the Chief Building Inspector. Calculations and written approval shall accompany construction documents and shall be placed in the permit file.
12.
IRC § R108.2 Schedule of permit fees is amended in its entirety to read as follows: "Fees will be set by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma."
13.
IRC § R108.6 Work commencing before permit issuance is amended in its entirety to read as: "Any person who commences any work on a building or structure, before obtaining the necessary permits shall be subject to a fee established by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma, that shall be in addition to the required permit fees."
14.
IRC § R109.1.1 Foundation inspection is amended to state: "Inspection of the foundation shall be made after poles or piers are set or trenches or basement areas are excavated and any required forms erected and any required reinforcing steel is in place and supported prior to the placing of concrete. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations. All property pins shall be visible and string lines erected."
15.
IRC § R112.1 General is amended to state: "In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. Appeals shall be made to the Board of Adjustment as provided for in the City of Mustang Code of Ordinances section 122-130."
16.
IRC § R112.3 Qualifications is deleted in its entirety.
17.
IRC § R113.4 Violation penalties is amended in its entirety to read as follows: "Any person who violates any of the provisions of this article or who fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed therein, shall severally, for every such violation and noncompliance respectively, be guilty of an offense, punishable as provided in the Code of Ordinances of the City of Mustang, Oklahoma § 1-8. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and, when not otherwise specified, each ten days that prohibited conditions are maintained constitutes a separate offense. The application of the penalty in this section shall not be held to prevent the enforced removal of prohibited conditions."
18.
IRC § Table R301.2(1) is amended to fill the table with the following: "ground snow load - 10 psf; wind speed - 15 mph; seismic design category - C; weathering - moderate; frost line depth -18 inches; termite - yes; winter design temp. -13°F; ice barrier underlayment required - no; flood hazards - See Chapter 50 of the Code of Ordinances of the City of Mustang, Oklahoma; air freezing index -332; mean annual temp. - 60°F."
19.
IRC § R306.5 is created and shall read as follows:
"R306.5 Sanitation Facilities during Construction. Prior to any construction activities on any site, a portable toilet (porta-potty) shall be placed as to provide sanitation facilities for all personal involved in construction. A porta-potty can be used to provide sanitation for up to six lots, which include the lot on or in front of which the porta-potty is located (the "Base Lot"), the lot immediately across the street from the porta-potty location (the "Facing Lot"), and the lots adjoining lying on each side of the Base Lot and the Facing Lot; provided, a portion of each lot must be within 200 feet of the porta-potty."
20.
IRC § R313.1 Townhouse automatic fire sprinkler systems is deleted in its entirety.
21.
IRC § R313.2 One- and two-family dwellings automatic fire sprinkler systems is deleted in its entirety.
22.
IRC § R318.1 Subterranean termite control methods, delete the following method #2:
2.
Termite baiting system installed and maintained in accordance with the label.
23.
IRC § R326.1 General is deleted in its entirety.
24.
IRC § R403.1.3.5.5 Seismic Design Category C. Standard reinforcement for residential structures shall have 4 bars of #5 (⅝ inch) or 6 bars of #4 (½ inch) steel reinforcement. Standard steel reinforcement for detached accessory structures with a brick veneer shall be 2 #5 (⅝ inch) or 4 #4 (½ inch) steel reinforcement. Detached accessory structures without a brick veneer shall have 2 #4 (½ inch) steel reinforcement
25.
IRC § R403.1.7.4 Alternate setbacks and clearances is amended to state: "Alternate setbacks and clearances are permitted, subject to the approval of the building official. The building official is permitted to require an investigation and recommendation of a qualified engineer to demonstrate that the intent of this section has been satisfied. Such an investigation shall include consideration of material, height of slope, slope gradient, load intensity and erosion characteristics of slope material. Lots that are higher than the adjoining lot shall maintain erosion control along all sides of the lot until final grade and sod. Lots that are lower than the adjoining lot shall maintain erosion control along all sides of the lot until final grade and sod."
26.
IRC § R602.1.10 Fiberboard. Fiberboard sheathing, where used structurally, shall be identified by an approved agency as conforming to ASTM C 208. Fiberboard sheathing less than ½ inch in thickness shall not be used as sheathing.
27.
IRC § R602.2. Exception: Utility grade studs can only be used for detached accessory buildings without attic storage and for non-load bearing walls.
28.
IRC § Figure R602.3 (2) Framing Details is amended and shall read as follows:
Note: Horizontal back-up cleats used to fasten wall partitions and/or intersecting wall lines together shall not be used.
29.
IRC § M1308.3 is created and shall read as follows:
M1308.3 Construction equipment. Construction equipment such as backhoes, other motorized earth moving equipment, etc., shall not travel within or over a stem wall area or foundation perimeter after plumbing, electrical or mechanical ducts, piping, equipment or materials has been installed.
Exception: Construction equipment shall be permitted within said prohibited areas where such equipment does not travel over or adjacent to any duct, piping, equipment or materials subjecting them to physical damage, provided however that the code official shall be notified prior to the work and provided that the code official shall verify that no damage is done to the installation by such construction equipment.
30.
IRC § M1309 is created and shall read as follows:
"M1309.1 Construction Heat. Temporary construction heat shall be allowed in accordance with the following requirements:
1.
An inspection shall be made for construction heat prior to placing the heating system in operation.
2.
Filter or filters shall be installed over each return air opening. Filters shall be cleaned or replaced as they become loaded with dust and debris. Air-handling units, appliances, and equipment shall not be placed in operation without air filters that have been installed in accordance with this section or while the air filters are being changed or replaced.
3.
The construction heat thermostat shall have a fixed, minimum set point of 55 degrees F.
4.
Mechanical equipment and appliances shall be installed in accordance with all safety requirements and limitations of the appliance and equipment manufacturer's installation instructions, relative to construction heat.
5.
All conditioned construction areas served by the mechanical system shall be substantially enclosed. Mechanical and furnace rooms shall be separated and isolated from all construction areas. All combustion air shall be per the following listed sections of Chapter 24 of this Code (outdoor combustion air only):
G2407.6.1 - Outdoor Combustion Air (Two Opening Method)
G2407.6.2 - Outdoor Combustion Air (One Opening Method)
6.
When combustible, flammable, explosive or corrosive materials in any state (solid, liquid, or gaseous) are being used in the construction process the mechanical system shall not be in use, except where approved by the Code Official. The construction area shall be thoroughly ventilated before the mechanical appliances, equipment or system is put back into service.
7.
Failure to provide adequate filtering during construction shall be grounds for requiring ductwork, mechanical equipment, and appliances to be professionally cleaned or replaced before final approval.
8.
Failure to comply with the above requirements shall also be grounds for ordering the immediate termination of gas service to a structure by the authority having jurisdiction."
31.
IRC § P2603.4 Pipes through foundation walls is amended to state: "A pipe that passes through or under a foundation wall shall be provided with a relieving arch, or a pipe sleeve shall be built into the foundation wall. The sleeve shall be two pipe sizes greater than the pipe passing through the wall."
32.
IRC § P3008.1 Sewage Backflow is amended in its entirety as follows: "Sanitary sewer backflow preventers are required on all new service installations and when repairing existing sewer service lines where practical as determined by the chief code official or his deputy."
33.
IRC § Section P3114 Air Admittance Valves is amended in its entirety as follows: "Air admittance valves are not allowed within the City of Mustang unless approved by the Chief Building Inspector.
34.
IRC Chapter's 34 through 43 are deleted in their entirety.
35.
IRC Appendix U.
a.
IRC § U101.1 One and two family dwellings automatic fire sprinkler systems is amended in its entirety to state: "An automatic residential fire sprinkler system shall be installed in one and two family dwellings if they are more than 400 feet away from a fire hydrant as measured to all portions of the structure. Length is measured based on hose lay and not radius."
b.
IRC § U101.1.1 Townhouse automatic fire sprinkler systems is added to state: "An automatic residential fire sprinkler system shall be installed in townhouses if they are more than 400 feet away from a fire hydrant as measured to all portions of the structure. Length is measured based on hose lay and not radius.
Exception: An automatic residential fire sprinkler system shall not be required for additions or alterations to existing buildings that are not already provided with an automatic residential sprinkler system."
c.
IRC § U101.2 Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in accordance with the provisions of this appendix and NFPA 13D.
(Ord. No. 1111, §§ 1, 7, 11-4-2014; Ord. No. 1144, § 2, 3-7-2017; Ord. No. 1169, § 1, 7-3-2018; Ord. No. 1195, § 1, 9-13-2019; Ord. No.1246, § 2, 1-4-2022; Ord. No. 1262, § 1, 7-12-2022; Ord. No. 1269, § 2, 8-2-2022)
(a)
It is unlawful for any person to construct, alter or demolish a building or structure, or to begin to do such work, without securing from the building official a permit therefor.
(b)
The fee for a building permit shall be as set out in section 42-18.
(c)
Beginning with the effective date of this subsection and continuing through June 30, 2014, the city declares a moratorium on and shall not charge a building permit fee under subsection 42-18(a)(2)(g) for a permit to construct or install a storm shelter. Other fees applicable under section 42-18 shall continue to be charged for such permit. For the purposes of this subsection, the term "storm shelter" shall mean a building, structure or portions thereof, constructed in accordance with FEMA 320 and/or ICC-500 specifications and designated for temporary use during a severe wind storm event, such as tornado.
(Code 1977, § 15.08.060; Ord. No. 1091, § 1, 8-20-2013)
No building permit shall be issued for new construction, including expansion or addition to an existing structure, unless the owner of the property on which the construction is being proposed first dedicates a street right-of-way to the city in accordance with this Code.
(Code 1977, § 15.08.061)
Appeals from decisions of the building inspector shall be made to the board of adjustment as provided for in section 122-130.
(Code 1977, § 15.08.062)
Before issuing a residential building permit, a certificate of insurance from the appropriate insurer shall be provided showing that the contractor has general liability insurance in an amount required by other construction trade contractors licensed by the construction industries board and that the contactor has workers' compensation insurance or a workers' compensation exemption verification document.
For purposes of this section, the term "residential building permit" means any building permit for a single-family or a duplex residential structure and shall include construction of a new structure, remodel of an existing structure, and the addition to an existing structure. The term "residential building permit" shall not include a single-family or a duplex carport, patio cover, storage building, accessory building, pool or fence.
This provision shall not apply to a person or persons performing the construction or remodeling to his, her or their own existing single-family or duplex structure on their own property, unless the modifications are being performed by and the permit acquired by a general contractor or subcontractor, in which case the general contractor or subcontractor shall meet the requirements of this section.
(Ord. No. 1026, § 1, 9-1-2009)
Cross reference— Administration, ch. 2.
State Law reference— State regulation of electricians, 59 O.S. § 1680 et seq.
Editor's note— Ord. No. 1266, § 4, adopted August 2, 2022, repealed §§ 18-191—18-195, which pertained to mechanical board and derived from §§ 15.30.040, 15.30.050, 15.30.070 of the 1977 Code.
Cross reference— Administration, ch. 2.
State Law reference— Local registration of plumbers, 59 O.S. § 1020.
A certain document, three copies of which are on file in the office of the city clerk of the City of Mustang, Oklahoma, being marked and designated as the International Fuel Gas Code, 2018 edition, without appendices, as published by the International Code Council (the "2018 IFGC"), as amended by the City of Mustang in section 18-318 and as currently adopted by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, is hereby adopted as the Fuel Gas Code of the City of Mustang, State of Oklahoma, for regulating and fuel gas systems and gas-fired appliances as herein provided, and providing for the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said International Fuel Gas Code on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes so adopted and amended herein.
(Ord. No. 1115, § 1, 11-4-2014; Ord. No. 1136, § 1, 2-16-2016; Ord. No. 1236, § 1, 11-2-2021; Ord. No. 1263, § 1, 8-2-2022)
The City of Mustang hereby adopts all amendments of the 2018 International Fuel Gas Code as prescribed by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, except as amended herein:
1.
IFGC § 101.1 Title. Insert "City of Mustang, Oklahoma" for name of jurisdiction.
2.
IFGC § 106.6.1 Work commencing before permit issuance is amended in its entirety to read as: "Any person who commences any work on an installation before obtaining the necessary permits shall be subject to a fee established by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma, that shall be in addition to the required permit fees."
3.
IFGC § 106.6.2 Fee schedule is amended in its entirety to read as follows: "Fees will be set by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma."
4.
IFGC § 106.6.3 Fee refunds is amended in its entirety to read as follows: "In case of abandonment or discontinuance, the cost of work performed under a permit may be estimated, an adjustment of the fee made, and the portion of the fee for uncompleted work returned to the permit holder if requested in writing. Such refund shall be made at the discretion of the City Manager or his designee, provided that no refund of a prescribed minimum fee shall be made. If such discontinuance is due to revocation of permit, a similar adjustment and return may be made; provided that no refund shall be made until all penalties incurred or imposed by due authority have been collected. After such a refund has been made, no work shall be resumed until a new application has been made and a new permit has been issued."
5.
IFGC § 108.4 Violation penalties is amended in its entirety to read as follows: "Any person who violates any of the provisions of this article or who fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed therein, shall severally, for every such violation and noncompliance respectively, be guilty of an offense, punishable as provided in Section 1-8 of the Code of Ordinances of the City of Mustang, Oklahoma. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and, when not otherwise specified, each ten (10) days that prohibited conditions are maintained constitutes a separate offense. The application of the penalty in this section shall not be held to prevent the enforced removal of prohibited conditions."
6.
IFGC § 108.5 Stop work orders. The last sentence of this section is amended to read as follows: "Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be in violation and subject to the penalties outlined in IFGC § 108.4 as noted above."
7.
IFGC § 109.1 Application for appeal is amended in its entirety to read as follows: "In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. Appeals shall be made to the Board of Adjustment as provided for in the Code of Ordinances of the City of Mustang section 122-130."
8.
IFGC § 109.2 Membership of Board is deleted in its entirety.
9.
IFGC § 109.3 Notice of Meeting is deleted in its entirety.
10.
IFGC § 109.4 Open Hearing is deleted in its entirety.
11.
IFGC § 109.5 Postponed Hearing is deleted in its entirety.
12.
IFGC § 109.6 Board Decision is deleted in its entirety.
13.
IFGC § 109.7 Court Review is deleted in its entirety.
14.
IFGC § 301.2 Energy utilization is deleted in its entirety.
15.
IFGC § 406.4.1 Test pressure is amended in its entirety to read as follows: "The test pressure to be used shall be not less than one and one-half times the proposed maximum working pressure, irrespective of design pressure. The pressure used to test a gas piping system shall not be less than 15 PSIG with a 30 psi. test gauge. Where the test pressure exceeds 125 PSIG, the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the piping. The test duration shall be not less than 15 minutes."
(Ord. No. 1115, § 2, 11-4-2014; Ord. No. 1263, § 2, 8-2-2022)
A certain document, three copies of which are file in the office of the City Clerk of the City of Mustang, Oklahoma, being marked and designated as the International Electrical Code, 2020 edition (the "2020 NEC"), as published by the National Fire Protection Association (NFPA), excluding any informative annexes, as currently adopted by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, be and is hereby adopted as the Electrical Code of the City of Mustang, State of Oklahoma, for the control of electrical systems and equipment located in buildings and structures and their appurtenant constructions; and providing for the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said electrical code, as currently and may from time to time be amended, on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes so adopted and amended, are part of this Code.
(Code 1977, § 15.16.020; Ord. No. 1112, § 1, 11-4-2014; Ord. No. 1136, § 1, 2-16-2016; Ord. No. 1238, § 1, 11-2-2021; Ord. No. 1267, § 1, 8-2-2022)
Charter reference— Adoption by reference, § 2-14.
State Law reference— Adoption by reference, 11 O.S. § 14-107.
This article shall not be construed to affect the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to persons, nor shall any officer or employee of the city held as assuming such liability by reason of the inspection or reinspection as provided for in this article or by reason of the approval or disapproval of any equipment authorized in this article.
(Code 1977, § 15.16.080)
All temporary electrical service poles shall be constructed to comply with the currently adopted National Electrical Code standards.
(Code 1977, § 15.16.070(1); Ord. No. 879, § 1, 2-3-2004)
Each construction site requiring temporary electrical service shall have a temporary pole erected, inspected and energized prior to work beginning. At no time will power be transferred from another location or job site via extension cords or other electrical conductors without prior approval of the chief inspector. No cords shall extend across streets or roads. The use of generators shall be permitted, however, no power being supplied by the generator shall be used on more than one building site.
(Ord. No. 878, § 1, 2-3-2004)
(a)
Definitions.
Portable generator. A portable generator is an internal combustion driven electric generator rated no higher than 15 kilowatts (kW) and 250 volts that is intended to be moved for temporary use at a location where utility supplied electric power is not available. It has receptacle outlets for alternating current (AC) output circuits, and may have alternating or direct current (DC) sections for supplying energy. Cannot be used to provide continuous permanent electrical power due to the electrical utility provider terminating service for any reason.
(b)
The use of portable generators to provide temporary electrical power shall meet the following requirements:
(1)
All 125-volt and 125/250-volt, single-phase, 15- and 20-ampere receptacle outlets that are part of a 15kW or smaller portable generator shall have listed ground-fault circuit-interrupter protection for personnel.
(2)
Be placed more than five feet from combustibles.
(3)
Not be placed inside of any structure, room or garage.
(4)
Not be placed within ten feet of any door, window or opening into a structure.
(5)
Cannot be used to provide electrical power to a structure without a manual or automatic transfer switch.
(6)
Generators that do not comply with Article 250.34 must have a grounding electrode system that complies with Part 3 of Article 250. However, for transient installations it is acceptable to install three ground rods driven at least six feet apart and driven more than four feet into the earth.
(7)
Generators that supply only loads connected directly to receptacle outlets mounted on the generator and where the equipment grounding terminals of the receptacles are bonded to the generator frame shall not be required to be connected to a grounding electrode system. Marking by the manufacturer must indicate whether or not the generator neutral is bonded to the generator frame.
(c)
Portable cords used in conjunction with a portable generator shall meet the following requirements:
(1)
Portable cords must be size 12 AWG or larger Type G, PPE, S, SE, SEO, SEOO, SC, SCE, SCT, SO, SOO, ST, STO, STOO, W or other types identified for extra-hard usage and must be of the grounding type. The cord type is printed or embossed on approved cords.
(2)
When used outdoors, all cords must be listed for wet locations and be sunlight resistant, unless they are an integral part of listed portable equipment.
(3)
Two-wire cords are not allowed.
(4)
Cables with a "J" in the type designation (such as Type SJT) are junior-hard-service rated and are not permitted to be used where subject to physical damage.
(5)
All cords must be continuous and contain no splices. Temporary repair of a cord outer jacket must be made with listed repair kits and is subject to approval from the electrical inspector.
(6)
Flexible cords and cables laid on the ground must be approved for extra-hard usage, routed and arranged to minimize the tripping hazard and be protected from accidental and physical damage. Where passing through doorways or other pinch points, protection must be provided. Cords and cables may be covered with approved non-conductive mats. Mats must be self-weighted to minimize movement and drape over cords and cables.
(Ord. No. 1267, § 2, 8-2-2022)
Editor's note— Ord. No. 1271, § 4, adopted August 2, 2022, repealed §§ 18-111—18-115, which pertained to electrical board and derived from §§ 15.16.090, 15.16.100, 15.16.180 of the 1977 Code; Ord. No. 1267, §§ 3—6, 8-2-2022.
State Law reference— Local registration of electricians authorized, 59 O.S. § 1696.
A certain document, three copies of which are file in the office of the city clerk of the City of Mustang, Oklahoma, being marked and designated as the International Mechanical Code, 2018 edition (the "2018 IMC"), as published by the International Code Council, as amended by the City of Mustang in section 18-172, and as currently adopted by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, be and is hereby adopted as the Mechanical Code of the City of Mustang, State of Oklahoma regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems as herein provided, and providing for the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said mechanical code, as currently and may from time to time be amended, on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes so adopted and amended, are part of this Code.
(Ord. No. 1113, § 1, 11-4-2014; Ord. No. 1136, § 1, 2-16-2016; Ord. No. 1242, § 1, 11-2-2021; Ord. No. 1266, § 1, 8-2-2022)
The City of Mustang hereby adopts all amendments of the 2018 International Mechanical Code (herein "IMC") as prescribed by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, except as amended herein:
1.
IMC § 101.1 Title. Insert "City of Mustang, Oklahoma" for name of jurisdiction.
2.
IMC § 103 Department of Building Safety is hereby amended in its entirety and shall be titled as follows: "The City of Mustang Community Development Department."
3.
IMC § 103.1 Creation of an enforcement agency is amended in its entirety to read as follows: "The Community Development Department is in charge of administering all International Code Council Codes except the International Fire Code. The community development director shall serve as the building official."
4.
IMC § 103.2 Appointment is amended in its entirety to read as follows: "The city manager shall appoint the community development director who shall serve as the chief building official unless this duty is otherwise delegated to a deputy."
5.
IMC § 103.3 Deputies is amended in its entirety to read as follows: "In accordance with the prescribed procedures of the City of Mustang, Oklahoma, and with the concurrence of the city manager, the community development director shall have the authority to appoint a chief building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official."
6.
IMC § 105.2 Alternative materials, design and methods of construction and equipment is amended in its entirety to read as follows: "The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction may be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved."
7.
IMC § 106.3.1 Construction documents is amended in its entirety to read as follows: "Construction documents, engineering calculations, diagrams and other such data shall be submitted in six sets with each application for a permit. When the proposed construction exceeds 50,000 dollars in value, an electronic storage device with the construction documents shall also be submitted. The code official shall require construction documents, computations and specifications to be prepared and designed by a registered design professional where the construction exceeds 1500 or more square feet or as required by state law. Construction documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the work conforms to the provisions of this code. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for mechanical systems, and the materials and methods for maintaining required structural safety, fire-resistance rating and fireblocking."
8.
IMC § 106.5.1 Work commencing before permit issuance is amended in its entirety to read as follows: "Any person who commences any work on a mechanical system before obtaining the necessary permits shall be subject to a fee established by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma, and in addition to the required permit fees."
9.
IMC § 106.5.2 Fee schedule is amended in its entirety to read as follows: "Fees will be set by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma."
10.
IMC § 106.5.3 Fee refunds is amended in its entirety to read as follows: "In case of abandonment or discontinuance, the cost of work performed under a permit may be estimated, an adjustment of the fee made, and the portion of the fee for uncompleted work returned to the permit holder if requested in writing. Such refund shall be made at the discretion of the City Manager or his designee, provided that no refund of a prescribed minimum fee shall be made. If such discontinuance is due to revocation of permit, a similar adjustment and return may be made; provided that no refund shall be made until all penalties incurred or imposed by due authority have been collected. After such a refund has been made no work shall be resumed until a new application has been made and a new permit has been issued."
11.
IMC § 108.4 Violation penalties is amended in its entirety to read as follows: "Any person who violates any of the provisions of this article or who fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed therein, shall severally, for every such violation and noncompliance respectively, be guilty of an offense, punishable as provided in Section 1-8 of the Code of Ordinances of the City of Mustang, Oklahoma. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and, when not otherwise specified, each ten (10) days that prohibited conditions are maintained constitutes a separate offense. The application of the penalty in this section shall not be held to prevent the enforced removal of prohibited conditions.
12.
IMC § 108.5 Stop work orders. The last sentence of this section is amended to read as follows: "Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be in violation and subject to the penalties outlined in IPC § 108.4 as noted above."
13.
IMC § 109.1 Application for appeal is amended in its entirety to read as follows: "In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. Appeals shall be made to the Board of Adjustment as provided for in the Code of Ordinances of the City of Mustang section 122-130."
14.
IMC § 109.2 Membership of Board is deleted in its entirety.
15.
IMC § 109.3 Notice of Meeting is deleted in its entirety.
16.
IMC § 109.4 Open Hearing is deleted in its entirety.
17.
IMC § 109.5 Postponed Hearing is deleted in its entirety.
18.
IMC § 109.6 Board Decision is deleted in its entirety.
19.
IMC § 109.7 Court Review is deleted in its entirety.
20.
IMC § 301.2 Energy utilization is deleted in its entirety.
21.
IMC § 603.8.4 Construction Equipment is added to read as follows: "Construction equipment such as backhoes or bobcats, etc., shall not be permitted within a stem wall area or foundation perimeter after an underground mechanical duct system has been installed.
Exception: Construction equipment shall be permitted within said prohibited areas where such equipment does not travel over or adjacent to the underground mechanical duct system. The mechanical contractor shall be notified prior to the work and shall verify that no damage is done to the installation. Additional testing and inspections shall be required when construction equipment has been removed and before slab work is started.
(Ord. No. 1113, § 2, 11-4-2014; Ord. No. 1266, § 2, 8-2-2022)
(a)
Generally. No person shall install, replace or repair gas pipes or vented gas appliances (unless such person is licensed as a plumbing contractor or journeyman plumber pursuant to the laws of the state) or undertake any mechanical work as provided for and described in the Mechanical Licensing Act (59 O.S. § 1850.1 et seq.) without first registering with the city department of community development. Registration will be issued upon the applicant's showing to the satisfaction of the community development director or his designee proof of a current and valid mechanical license from the state and the payment of the annual fee as set forth in section 42-18. The continued validity of such registration shall be dependent upon the registrant's maintaining a current valid state mechanical license, and the expiration, revocation or suspension of a state mechanical license shall automatically invalidate the registration issued by the city. No person shall continue to engage in mechanical work following such suspension or revocation or otherwise engage in such mechanical work without a valid city registration when such registration is required.
(b)
Grounds for suspension or revocation. After ten days' notice and adequate opportunity for a hearing, the city council may revoke or suspend a city mechanical registration for any of the following reasons:
(1)
Making a material misstatement in the application for registration or the renewal of registration;
(2)
Obtaining any registration by false or fraudulent representation;
(3)
Loaning or allowing the use of such registration by any other person or illegally using a registration;
(4)
Demonstrating incompetence to act as a mechanical journeyman or mechanical contractor;
(5)
Violating any provisions of this article; or
(6)
Willfully failing to perform normal business obligations without justifiable cause.
(c)
Procedure for suspension or revocation. A request that the registration be suspended or revoked may be presented to the city council by the community development director, or by any aggrieved person who shall specify the reasons for the request, who shall agree to testify at a hearing and who shall sign such request before a notary public. Failure to perform any of these acts shall invalidate the request as determined by the council. A copy of such request shall be attached to the notice of hearing and provided to the registrant by the city. At the hearing, the registrant may be represented by counsel, may present witnesses in his behalf, and may cross examine other witnesses.
(Code 1977, §§ 15.30.020, 15.30.060)
State Law reference— Local registration authorized, 59 O.S. § 1850.12.
(a)
Any appeal from an order, decision or determination made by a building official relative to the application and interpretation of this Code shall be made to the board of adjustment as provided in section 122-130 of the Code of Ordinances of the City of Mustang.
(b)
It shall be the duty of the board of adjustment to acknowledge the revocation or suspension of any city mechanical registration or any mechanical journeyman's registration upon the revocation, suspension or refusal to issue or renew the state license by the state mechanical hearing board. Such revocation or suspension shall be automatic upon a showing of such state action. Notice of such revocation or suspension shall be provided to the community development director and the city clerk.
(Ord. No. 1266, § 3, 8-2-2022)
Editor's note— Ord. No. 1266, § 3, adopted August 2, 2022, set out provisions intended for use as § 18-173. Inasmuch as there were already provisions so designated, said section has been codified herein as § 18-174 at the discretion of the editor.
A certain document, three copies of which are file in the office of the city clerk of the City of Mustang, Oklahoma, being marked and designated as the International Plumbing Code, 2018 edition, as it may from time to time be amended (the "2018 IPC"), as published by the International Code Council, as amended by the City of Mustang in section 18-222, and as currently adopted by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, be and is hereby adopted as the Plumbing Code of the City of Mustang, State of Oklahoma, regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems as herein provided; and providing for the issuance of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions and terms of said plumbing code, as currently on file in the office of the city clerk, are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes so adopted and amended, are part of this Code.
(Code 1977, § 15.20.020; Ord. No. 1114, § 1, 11-4-2014; Ord. No. 1136, § 1, 2-16-2016; Ord. No. 1237, § 1, 11-2-2021; Ord. No. 1268, § 1, 8-2-2022)
Charter reference— Adoption by reference, § 2-14.
State Law reference— Adoption by reference, 11 O.S. § 14-107.
The City of Mustang hereby adopts all amendments of the 2018 International Plumbing Code (herein "2018 IPC") as prescribed by the Oklahoma Uniform Building Code Commission pursuant to 59 O.S. § 1000.23, except as amended herein:
1.
IPC § 101.1 Title. Insert "City of Mustang, Oklahoma" for name of jurisdiction.
2.
IPC § 102.8 Referenced Codes and Standards. Add the following language to the end of the paragraph: "Where the City of Mustang has adopted a specific referenced code or standard different than those listed, the adopted code shall apply."
3.
IPC § 103 Department of Plumbing Inspection is hereby amended in its entirety and shall be titled as follows: "The City of Mustang Community Development Department."
4.
IPC § 103.1 General is amended in its entirety to read as follows: "The Community Development Department is in charge of administering all International Code Council Codes except the International Fire Code. The community development director shall serve as the building official."
5.
IPC § 103.2 Appointment is amended in its entirety to read as follows: "The city manager shall appoint the community development director who shall serve as the chief building official unless this duty is otherwise delegated to a deputy."
6.
IPC § 103.3 Deputies is amended in its entirety to read as follows: "In accordance with the prescribed procedures of the City of Mustang, Oklahoma, and with the concurrence of the city manager, the community development director shall have the authority to appoint a chief building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official."
7.
IPC § 105.2 Alternative materials, design and methods of construction and equipment is amended in its entirety to read as follows: "The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction may be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved."
8.
IPC § 106.3.1 Construction Documents is amended in its entirety to read as follows: "Construction documents, engineering calculations, diagrams and other such data shall be submitted in six sets with each application for a permit. When the proposed construction exceeds 50,000 dollars in value, an electronic storage device with the construction documents shall also be submitted. The code official shall require construction documents, computations and specifications to be prepared and designed by a registered design professional where the construction exceeds 1500 or more square feet or as required by state law. Construction documents shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that the work conforms to the provisions of this code. Construction documents for buildings more than two stories in height shall indicate where penetrations will be made for pipes, fittings and components and shall indicate the materials and methods for maintaining required structural safety, fire-resistance rating and fireblocking."
9.
IPC § 106.6.1 Work Commencing Before Permit Issuance is amended in its entirety to read as follows: "Any person who commences any work on a plumbing system before obtaining the necessary permits shall be subject to a fee established by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma that shall be in addition to the required permit fees."
10.
IPC § 106.6.2 Fee Schedule is amended in its entirety to read as follows: "Fees will be set by the Mustang City Council as described in Chapter 42 of the Code of Ordinances of the City of Mustang, Oklahoma."
11.
IPC § 106.6.3 Fee refunds is amended in its entirety to read as follows: "In case of abandonment or discontinuance, the cost of work performed under a permit may be estimated, an adjustment of the fee made, and the portion of the fee for uncompleted work returned to the permit holder if requested in writing. Such refund shall be made at the discretion of the City Manager or his designee, provided that no refund of a prescribed minimum fee shall be made. If such discontinuance is due to revocation of permit, a similar adjustment and return may be made; provided that no refund shall be made until all penalties incurred or imposed by due authority have been collected. After such a refund has been made, no work shall be resumed until a new application has been made and a new permit has been issued."
12.
IPC § 108.4 Violation penalties is amended in its entirety to read as follows: "Any person who violates any of the provisions of this article or who fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed therein, shall severally, for every such violation and noncompliance respectively, be guilty of an offense, punishable as provided in Section 1-8 of the Code of Ordinances of the City of Mustang, Oklahoma. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and, when not otherwise specified, each ten (10) days that prohibited conditions are maintained constitutes a separate offense. The application of the penalty in this section shall not be held to prevent the enforced removal of prohibited conditions."
13.
IPC § 108.5 Stop work orders. The last sentence of this section is amended as follows: "Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be in violation and subject to the penalties outlined in IPC § 108.4 as noted above."
14.
IPC § 109.1 Application for appeal is amended in its entirety to read as follows: "In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. Appeals shall be made to the Board of Adjustment as provided for in the Code of Ordinances of the City of Mustang section 122-130."
15.
IPC § 109.2 Membership of Board is deleted in its entirety.
16.
IPC § 109.3 Notice of Meeting is deleted in its entirety.
17.
IPC § 109.4 Open Hearing is deleted in its entirety.
18.
IPC § 109.5 Postponed Hearing is deleted in its entirety.
19.
IPC § 109.6 Board Decision is deleted in its entirety.
20.
IPC § 109.7 Court Review is deleted in its entirety.
21.
IPC § 305.1 Protection against contact is amended in its entirety to read as follows: "Metallic piping, except for cast iron, ductile iron and galvanized steel, shall not be placed in direct contact with steel framing members, concrete or cinder walls and floors or other masonry. Metallic piping shall not be placed in direct contact with corrosive soil. Where sheathing is used to prevent direct contact, the sheathing shall have a thickness of not less than 0.008 inch (8 mil) (0.203 mm) and the sheathing shall be made of plastic. Where sheathing protects piping that penetrates concrete or masonry walls or floors, the sheathing shall be installed in a manner that allows movement of the piping within the sheathing. Water service lines installed under drives or sidewalks shall be sleeved with a Schedule 40 material two times the diameter of the water service for services two inches or less in diameter."
22.
IPC § 305.4.1 Sewer Depth is amended in its entirety to read as follows: "Building sewers that connect to private sewage disposal systems shall be a minimum of 12 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 12 inches below grade."
23.
IPC § 305.7.1 Construction Equipment is added to read as follows: "Construction equipment such as backhoes or bobcats, etc., shall not be permitted within a stem wall area or foundation perimeter after the plumbing system has been installed."
Exception: Construction equipment shall be permitted within said prohibited areas where such equipment does not travel over or adjacent to the plumbing system subjecting it to physical damage, provided, however, that the code official shall be notified prior to the work and shall verify that no damage is done to the installation. Additional testing and inspection shall be required when construction equipment has been removed and before slab work is started.
24.
IPC § 312.2 Drainage and vent water test is amended in its entirety to read as follows: "A water test shall be applied to the drainage system either in its entirety or in sections. If applied to the entire system, all openings in the piping shall be tightly closed, except the highest opening, and the system shall be filled with water to the point of overflow. If the system is tested in sections, each opening shall be tightly plugged except the highest openings of the section under test, and each section shall be filled with water, but sections shall not be tested with less than a 5-foot (1524 mm) head of water. In testing successive sections, not less than the upper 5 feet (1524 mm) of the next preceding section shall be tested so that no joint or pipe in the building, except the uppermost 5 feet (1524 mm) of the system, shall have been submitted to a test of less than a 5 foot (1524 mm) head of water. This pressure shall be held for not less than 15 minutes. The system shall then be tight at all points."
25.
IPC § 312.6 Gravity sewer test is amended in its entirety to read as follows: "Gravity sewer tests shall consist of plugging the end of the building sewer at the point of connection with the public sewer, filling the building sewer with water, testing with not less than a 5 foot (1524 mm) head of water and maintaining such pressure for 15 minutes."
26.
IPC § 608.17.5 Connections to lawn irrigation systems is amended in its entirety to read as follows: "The potable water supply to lawn irrigation systems shall be protected against backflow by an atmospheric vacuum breaker, a pressure vacuum breaker assembly, a spill resistant backflow preventer or a reduced pressure principle backflow prevention assembly. Valves shall not be installed downstream from an atmospheric vacuum breaker. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow prevention assembly.
a.
Specific Requirements for lawn irrigation.
1.
Backflow prevention device shall be tested and certified to meet standards as specified by the American Water Works Association or the American Backflow Prevention Association at the time the device is originally installed and annually thereafter.
2.
Where irrigation systems are served by a water meter that also serves a building, an approved accessible brass or PVC schedule 80 isolation valve, rated for at least 150 psi shall be installed at the point of connection to the potable water system and the backflow preventer, so that the irrigation system may be turned off without disrupting service to the building.
3.
When an irrigation contractor or his employees during the course of servicing an existing system determines that no identifiable backflow prevention device is being used, the contractor shall be required to notify the owner of the property and the Department of Community Development of the city.
4.
Existing irrigation system shall be upgraded with an approved backflow prevention device if that system is to be changed, modified or expanded as permitted by other codes.
5.
No irrigation system shall be connected to the city's potable water supply system that is not protected by a properly installed and maintained backflow preventer. Only a licensed plumber may make the connection.
b.
Installation requirements.
1.
Backflow preventers shall not be located in areas subject to freezing except where they can be removed by means of unions or are protected from freezing by heat, insulation or both. If the backflow preventer is protected by heat wrap or heat tape the power source shall meet NFPA 70, National Electric Code.
2.
The water piping connecting the potable water service to the backflow prevention device shall be installed at a minimum 18-inch depth.
3.
System shall be designed to not cause water hammer effect.
4.
Sprinkler heads shall be installed and maintained in a manner to not spray onto or across public sidewalks.
5.
Sprinkler heads shall be installed and maintained in a manner to not spray onto or cause ponding in public streets.
6.
Irrigation systems subject to operations during freezing or raining weather shall have installed a freeze and rain sensor to prevent the formation of ice on public sidewalks or public streets and prevent the sprinkler system from operating during periods of rainfall.
7.
The termination of the piping from the relief port or air gap fitting of a backflow preventer shall discharge to an approved indirect waste receptor or to the outdoors where it will not cause damage or create a nuisance.
27.
IPC § 714.1 Sewage backflow is amended in its entirety to read as follows: "Backflow prevention valves shall be required on all new residential, commercial, industrial, and public building structures, and for new hookups to public sewer of existing residential, commercial, industrial, and public building structures."
28.
IPC § 903.1 Roof extension is amended in its entirety to read as follows: "Open vent pipes that extend through a roof shall be terminated not less than 6 inches (152.4 mm) above the roof. Where a roof is to be used for assembly or as a promenade, observation deck, sunbathing deck or similar purposes, open vent pipes shall terminate not less than 7 feet (2134 mm) above the roof."
29.
IPC § 918.1 General is amended in its entirety to read as follows: "Air admittance valves are not allowed unless approved by the Chief Building Inspector. Vent systems utilizing air admittance valves shall comply with this section. Stack-type air admittance valves shall conform to ASSE 1050. Individual and branch type air admittance valves shall conform to ASSE 1051."
30.
IPC § 1003.3.5.1 Grease interceptor capacity is amended in its entirety to read as follows: "Hydromechanical and automatic grease removal systems shall be sized at a minimum for a total flow through rating of 15 gallons per minute and a grease retention capacity of 30 pounds."
31.
IPC § 1003.3.7 Gravity grease interceptors and gravity grease interceptors with fats, oils, and greases disposal systems is amended in its entirety to read as follows: "The required capacity of gravity grease interceptors and gravity grease interceptors with fats, oils, and greases disposal systems shall be a minimum of 500 gallons. Gravity grease interceptors shall be designed and tested in accordance with IAPMO/ANSI Z1001. Gravity grease interceptors with fats, oils, and greases disposal systems shall be designed and tested in accordance with ASME A112.14.6 and IAPMO/ANSI Z1001. Gravity grease interceptors and gravity grease interceptors with fats, oils, and greases disposal systems shall be installed in accordance with manufacturer's instructions. Where manufacturer's instructions are not provided, gravity grease interceptors and gravity grease interceptors with fats, oils, and greases disposal systems shall be installed in compliance with ASME A112.14.6 and IAPMO/ANSI Z1001."
(Ord. No. 1114, § 2, 11-4-2014; Ord. No. 1268, § 2, 8-2-2022)
No plumbing work shall be undertaken within the city until a plumbing permit has been obtained from the inspection department of the city. The fees to be paid for a plumbing permit shall be as set out in the fee schedule in section 42-18.
(Code 1977, § 15.20.040)
The city plumbing board shall have the authority to allow the installation and use of special equipment, material, plumbing methods and installations if in its judgment they are reasonably safe for the intended use.
(Code 1977, § 15.20.030)
A plumbing board may be created for the purpose of hearing complaints against any registered journeyman plumber or plumbing contractor, if deemed necessary by the city council, which will operate as set forth in this article. The board shall be responsible for the updating of the plumbing ordinances and codes. Each appointed member shall hold office for a period of three years or until his successor takes office, except that the planning director and building inspector of the city shall have indefinite terms. The board shall consist of the following:
(1)
One registered journeyman plumber who is registered in the city.
(2)
One registered plumbing contractor who is registered in the city.
(3)
One licensed water operator registered with the state department of health and employed by the city.
(4)
The planning director and building inspector of the city.
The board members shall be appointed with the approval of the council.
(Code 1977, § 15.20.120)
No person shall work as a journeyman plumber in the city without registering with the city. The city clerk shall issue a city journeyman plumber's certificate to any person possessing a valid unrevoked and unexpired license as a journeyman plumber issued by the state commissioner of health, provided the journeyman plumber pays to the city clerk's office an initial registration fee as set forth in section 42-18.
(Code 1977, § 15.20.070)
No person shall work as a plumbing contractor in the city without registering with the city. The city clerk shall issue a plumbing contractor's registration to any person who:
(1)
Possesses a valid, unrevoked and unexpired plumbing contractor's license issued by the state commissioner of health.
(2)
Pays an initial plumbing contractor's registration fee as set forth in section 42-18.
(Code 1977, §§ 15.08.080, 15.20.080)
No individual shall engage in the business of installing, repairing or altering plumbing unless the plumbing work performed in the course of such business is under the direct supervision of a plumbing contractor registered with the city.
(Code 1977, § 15.20.090)
Registrations issued under this division shall expire on October 31 of the year issued; however, certificates issued after September 1 shall expire on October 31 of the following year. Renewal fees for journeyman plumber's certificates shall be as set forth in section 42-18. The renewal fee for a plumbing contractor's registration shall be as set forth in section 42-18. The renewal fee shall be doubled if a certificate is not renewed within 90 days after expiration. A new application is required if registration is not renewed within 180 days after expiration.
(Code 1977, §§ 15.20.100, 15.20.110)
(a)
The plumbing hearing board shall be authorized to suspend or revoke the registration of any journeyman plumber or plumbing contractor for not to exceed one year if it finds reason to believe that the registrant has:
(1)
Violated any provisions of this Code or the laws of the state relating to plumbing;
(2)
Caused injury or damage to the person or property of any person as a result of any negligent act or omission;
(3)
Allowed the use of his registration by any unsupervised person;
(4)
Willfully failed to perform his normal business obligations without justifiable cause; or
(5)
Violated the general ordinances of the city or the laws of the state relating to public decency or illegal business practices.
(b)
Written charges specifying the complaint shall be filed with the city clerk's office requesting a hearing before the board by the complaining person. A copy of the charges shall be served on the registrant, who shall be notified of the date of the hearing, which shall not be less than 30 days after the service of such notice. The registrant may appear and be heard at the hearing. All testimony shall be under oath, and the chairperson of the board shall have the power to administer oaths.
(Code 1977, § 15.20.130)
No person except a licensed house mover shall engage in the business of moving houses, buildings or other structures within the city. A house mover's license may be obtained from the city clerk. Application for such license shall be in writing and shall show the name and address of the owner of the business, and if the business is a partnership the name of each member thereof, and if such applicant is a corporation the corporate name of such applicant and the business address of the applicant.
(Code 1977, § 15.36.010)
The city may require the house mover to provide a police escort for the purpose of regulating traffic along the route on which a house, building or structure is being moved. Any such police protection shall be at the expense of the house mover.
(Code 1977, § 15.36.100)
No house, building or structure shall be moved within the city between the hours of 6:30 a.m. and 8:30 a.m., or between the hours of 3:30 p.m. and 5:30 p.m.
(Code 1977, § 15.36.110)
(a)
It is unlawful for any person to move any building, house or structure along or across any street, alley, boulevard or other public ground or thoroughfare within the city limits without first having obtained a written permit from the city clerk allowing the moving thereof.
(b)
No permit shall be issued to move any building until the service sewer line from the building, house or structure to be moved shall have been plugged by a licensed plumber at the riser at a point not less than four feet deep from the surface of the ground. It shall be the duty of the person obtaining the permit to immediately clean up the lot from which the building was moved by filling in all holes and removing any debris and trash from the premises. The person shall deposit with the city clerk before removing the building the sum set forth in section 42-18 as a guarantee that the lot will be cleaned up as stated. If the person does not clean up the lot within ten days after the removal of the building, the city manager is authorized to clean up the lot and expend all or a portion of the deposit to clean up the lot. If the lot is cleaned up by the person, the city clerk will refund the deposit.
(Code 1977, § 15.36.040)
(a)
Before any permit is issued under this division by the city clerk, an application therefor shall be submitted to the city planning commission to determine whether any zoning or plat restrictions or land use or other requirements will be violated by the removal of the house, building or structure.
(b)
The city planning commission shall also determine whether the house, building or structure, when moved to its new location, will conform to the general nature, quality and character of the other houses, buildings and structures in the neighborhood, and whether the placing of the house, building or structure would tend to devalue the surrounding property or would result in the creation of a blighted condition in the area or neighborhood.
(c)
The city planning commission shall, within 30 days from the date of the application, conduct a public hearing on the application and prepare its recommendations to the city council as to whether the permit should be approved, approved with modifications, or denied. No permit shall be issued without the prior approval of the city council.
(1)
An application recommended by the planning commission for approval, or approval subject to modifications, shall be transmitted to the city council with the report and recommendations of the planning commission within 30 days of the planning commission action for hearing before and city council action thereon.
(2)
An application recommended for denial by the planning commission shall not be considered further unless the applicant, within 15 days of the action by the planning commission, shall file with the city clerk and the recording secretary of the planning commission a written request for a public hearing before the city council. If no such request is filed, then $50.00 of the original permit fee shall be refunded to the applicant. Upon notice of a request for a public hearing before the city council, the planning commission shall transmit to the city council the application, its report and recommendations, and a copy of its minutes of the hearing. The recording secretary of the planning commission shall notify all interested parties of the time and place of the city council meeting pursuant to subsection (d) herein.
(d)
When an application is presented to the city clerk, he shall cause notice of the application to be given to all property owners or residents within a 300-foot radius of the site on which the house, building or structure is to be moved, and the notice shall state the time and place when the application shall be heard by the city planning commission; however, failure to give the notice shall in no manner deprive the city council of the right to grant or refuse the issuance of the permit.
(e)
The application shall describe the present location and the type and size of the house, building or structure to be moved, and be accompanied by a plot plan showing the proposed location of the house, building or structure with relation to setback and side lot lines, and the route over the streets of the city on which it is intended that the house, building or structure shall be moved. The applicant shall furnish recent photographs showing front and rear views of the house, building or structure to be moved. If the house, building or structure is to be moved to a location within the city, the applicant shall describe all improvements and repairs intended to be made on the house, building or structure. The city planning commission shall determine whether such improvements and repairs are adequate to comply with the plumbing, electrical and building codes of the city; and the city planning commission, if it determines other improvements or repairs are necessary to so conform, may require other improvements or repairs to be made as a condition to the issuance of the moving permit. The application shall show the date and proposed time of moving.
(Code 1977, § 15.36.050; Ord. No. 1174, § 2, 9-4-2018)
It is the duty of the building inspector, upon the filing of an application for a permit to move a building, to cause an inspection of such building to be made and to cause such further investigation to be made as may be necessary for the purpose of determining whether or not the provisions of this article have been or can be complied with. For such inspection, a fee shall be paid by the applicant to the city clerk as set forth in section 42-18.
(Code 1977, § 15.36.060)
(a)
Required. Prior to the issuance of a building moving permit, the applicant must post with the city a bond or undertaking to be approved by the city clerk in the penal sum of $2,500.00, payable to the city, conditioned that the applicant will cause all improvements and repairs required by the city council as a condition to the issuance of the permit to be completed within 90 days from the date of the moving of the house, building or structure onto its new location.
(b)
Forfeiture. If the improvements and repairs have not been completed within the time set out in subsection (a) of this section and in accordance with the requirements set forth in the permit, and the city council has adopted a resolution making a finding to that effect and declaring a forfeiture, the bond or undertaking shall be forfeited to the city; provided, however, that the city shall, prior to the passing and adoption of such resolution, give written notice to the applicant by registered mail and to the surety at the address shown on the application and to the address of the surety, at least ten days prior to the meeting when the resolution is to be considered. The notice shall state both the time and place of the hearing, and shall itemize the improvements and repairs which have been completed according to the permit, and shall set forth the sections of the plumbing, building or electrical code violated.
(Code 1977, § 15.36.070)
For the moving of houses, buildings or structures as provided in this article, the permit fee shall be as set forth in section 42-18. The fees shall be paid by the applicant for such permit to the city clerk at the time of or before the issuance of the permit.
(Code 1977, § 15.36.080)
(a)
No permit for the removal of any house, building or structure upon any street shall be issued until the route to be taken in such removal shall have been approved by the city council.
(b)
In all cases where it is necessary to remove any electric line, telephone line or telegraph line, it shall be the duty of the house mover to give not less than 24 hours' notice to the public utility company or person owning or operating the lines. The notice shall state the place, the construction which is necessary to be removed or temporarily changed or altered, the date on which it is desired to have such clearance made, and the time it will be necessary to keep such space clear. No building, house or structure shall be moved over the streets of the city until the city or the public utility company or the person owning or operating the public utility line shall have had a reasonable time, not exceeding seven days, to make such clearance. The city may make reasonable charges to the house mover for the cost of removing, raising or temporarily changing or altering such lines owned or operated by the city. The house mover shall pay any costs charged by a utility company for the raising or removing of or temporarily changing or altering such lines owned by the company.
(Code 1977, § 15.36.090)