Chapter 22 - BUILDINGS AND BUILDING REGULATIONS

Footnotes:

--- (1) --- Cross reference— Businesses, ch. 26; fire prevention and protection, ch. 46; floods, ch. 50; manufactured homes and trailers, ch. 62; services provided, § 90-26; streets, sidewalks and other public places, ch. 94; taxation, ch. 102; utilities, ch. 110; zoning, ch. 118.

State Law reference— Trench excavation safety, V.T.C.A., Health and Safety Code § 756.021 et seq.; fire escapes, V.T.C.A., Health and Safety Code § 791.001 et seq.; protection of workmen on buildings, Vernon's Ann. Civ. St. arts. 5182, 5182-1; Manufactured Housing Standards Act, Vernon's Ann. Civ. St. art. 5221f; industrialized housing and buildings, Vernon's Ann. Civ. St. art. 5221f-1; Plumbing License Law, Vernon's Ann. Civ. St. art. 6243-101; Residential Service Company Act, Vernon's Ann. Civ. St. art. 6573b; establishment of building lines, V.T.C.A., Local Government Code § 213.001 et seq.; municipal regulation of structures, V.T.C.A., Local Government Code § 214.001 et seq.

ARTICLE I. - IN GENERAL#

Sec. 22-1. - Minimum standards for vacant and unoccupied structures and buildings.#

(a)

Owner of a vacant or unoccupied structure or building. The owner of a vacant or unoccupied structure or building located within a retail, commercial or industrial zoning district shall within 30 days of such vacancy comply with the following standards to secure said structure or building, preserve its structural integrity, maintain its appearance, and abate any condition that poses a threat to the public health, safety or general welfare:

(1)

The structure or building shall be secured from unauthorized entry by vagrants or other uninvited persons including children. Securing the premises shall be accomplished by boarding up all means of entry or maintaining structurally sound locked doors and windows. All broken windows and doors shall be replaced or securely boarded.

(2)

The exterior of the structure or building shall be maintained so as to be visually compatible to adjacent buildings. Painting of the structure or building in order to preserve a pleasing appearance shall be performed as determined necessary by the city building official. All siding including brick or masonry shall be kept in a state of repair so as to prevent the seepage of water into the premises, and to keep insects and vermin from gaining entry into the structure or building.

(3)

The property shall be kept free of debris and litter and the owner shall cause the grass to be kept mowed, the trees and shrubs trimmed, and all landscaping maintained.

(4)

The roof of such structure or building shall be kept in a good state of repair so as to prevent the entry of water or other elements.

(5)

All utilities to the structure or building shall be maintained in good working order or they shall be disconnected by the utility providing the service. Whether utilities are connected or disconnected, the internal plumbing, electrical wiring and fixtures shall be maintained so as to meet the minimum requirements of the city plumbing and electrical codes.

As used herein the term "vacant" shall mean a structure not intended for human occupation that contains little or no content of value. A structure primarily containing content consisting of scrap material or junk shall be considered vacant under the terms of this section. The term "unoccupied" shall mean a building not actively being utilized for any human actively for which it was originally designed, built or zoned.

(b)

Notice to maintain. Should the building official notice that any building or structure within a commercial, retail or industrial zoning district is vacant or unoccupied and the owner has failed to implement the requirements of this section, he/she shall cause written notice to be sent certified mail, to each owner, lien holder, mortgagee or other individual or entity having an ownership interest in the structure or building. Such notice shall:

(1)

Contain a description of the structure or building and its location.

(2)

Contain a statement of the conditions that must be met in order to come into compliance with this ordinance and state a date not later than 30 days when compliance must be achieved.

(3)

Include a statement that the owner, lien holder, mortgagee or other person or entity having an ownership interest in the structure or building may appeal the decision of the building official to the board of appeals as provided by Chapter 22 of the Code of Ordinances City of Burnet, Texas.

(c)

Board of appeals. Notice of appeal to the board of appeals as provided herein must be filed with the city secretary in writing on or before the compliance date specified by the building official in his/her initial notice. Upon receipt of a timely received appeal, the board of appeals shall hold a public hearing and hear testimony from the building official and any other persons having an interest in the vacant or unoccupied structure or building. The board of appeals shall follow the procedures specified in section 22-28 of the Code of Ordinances concerning dangerous buildings to the extent that such procedures can be made applicable to vacant or unoccupied structures or buildings and the requirements of this ordinance. Decisions of the board of appeals shall be final.

(d)

Penalties. It shall be unlawful for the owner of any vacant or unoccupied structure or building to fail to comply with any final directive of the building official or notice of decision given by the board of appeals. The violation of any provision of this section shall be unlawful and a misdemeanor punishable by fine not to exceed $2,000.00. Each day of violation shall be deemed a separate offense.

(e)

Additional requirement. The terms, conditions, provisions and requirements of this section shall be in addition to and not in lieu of the requirements set forth in any other section or part of the Code of Ordinances, and of all other ordinances and codes of the city.

(f)

Open meetings. That it is hereby officially found and determined that the meeting at which this section is passed was open to the public as required and that public notice of the time, place, and purpose of said meeting was given as required by the Open Meetings Act, Chapt. 551, Loc. Gov't. Code.

(Ord. No. 2002-07, §§ 2—7, 6-11-02)

Secs. 22-2—22-25. - Reserved.#

ARTICLE II. - BUILDING OFFICIAL#

Footnotes:

--- (2) --- Cross reference— Administration, ch. 2.

Sec. 22-26. - Establishment of office.#

(a)

Creation. The office of building official is hereby created, and the executive official in charge shall be known as the building official.

(b)

Appointment; removal. The building official shall be appointed by the city manager. His appointment shall continue during good behavior and satisfactory service, and he shall not be removed from office except for cause after full opportunity has been given him to be heard on specific charges.

(c)

Acting building official. During temporary absence or disability of the building official, the appointing authority shall designate an acting building official.

(Code 1979, ch. 3, § 1(C))

Sec. 22-27. - Qualifications.#

The building official shall be in good health and physically capable of making the necessary examinations and inspections. He shall not have any interest whatever, directly or indirectly, in the sale or manufacture of any material, process or device entering into or used in or in connection with building construction, alterations, removal, and demolition.

(Code 1979, ch. 3, § 1(D))

Sec. 22-28. - Duties.#

(a)

Permits. The building official shall receive applications required by the building code, issue permits and furnish the prescribed certificates. He shall examine the premises for which permits have been issued and shall make necessary inspections to see that the provisions of law are complied with and that construction is conducted safely. He shall enforce all provisions of the building code and, when requested by proper authority, or when the public interest so requires, make investigations in connection with matters referred to in the building code and render written reports on the same. To enforce compliance with the law, to remove illegal or unsafe conditions, to secure the necessary safeguards during construction, or to require adequate exit facilities in buildings and structures, he shall issue such notices or orders as may be necessary.

(b)

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

(c)

Records of work. The building official shall keep comprehensive records of applications, permits issued, certificates issued, inspections made, reports rendered, and of notices or orders issued.

(d)

Records open to public inspection. All such records shall be open to public inspection for good and sufficient reasons at the stated office hours, but shall not be removed from the office of the building official without his written consent.

(e)

Monthly reports. The building official shall make written reports to his immediate superior once each month, or more often if requested, including statements of permits and certificates issued, and orders promulgated.

(Code 1979, ch. 3, § 1(E))

Sec. 22-29. - Right of entry.#

The building official and code enforcement officers shall, in the discharge of their official duties and upon proper identification being given, have the authority to enter any building, structure or premises at any reasonable hour.

(Code 1979, ch. 3, § 1(G))

Sec. 22-30. - Building Official and Code Enforcement Officer—Definitions.#

(a)

Building official means the person appointed by the city manager pursuant to section 22-26(b) of the Code of Ordinances of the City of Burnet, Texas (the Code) to hold the office created pursuant to section 22.26(a) of the Code, and his/her assistants as authorized and approved by the city manager.

(b)

Code enforcement officer means the building official and any person appointed or authorized by the city manager to enforce the codes and ordinances of the city providing for the regulation of construction, wiring or plumbing of buildings and structures, or providing for zoning and land use, fire safety, control of vegetation and unhealthy conditions, or the abatement of nuisances.

(Ord. No. 97-5, § 2, 9-23-97)

Editor's note— Section 2 of Ord. No. 97-5, adopted Sept. 23, 1997, did not specifically amend the Code; hence, inclusion herein as § 22-30 was at the discretion of the editor.

Secs. 22-31—22-50. - Reserved.#

ARTICLE III. - BUILDING CODE#

Sec. 22-51. - International Building Code.#

(a)

The International Building Code, 2021 edition, a copy of which is on file in the office of the city secretary is hereby adopted as the building code of the city, said adoption being inclusive of appendices listed:

(1)

Appendix C, Group U -Agricultural Buildings

(2)

Appendix E, Supplementary Accessibility Requirements

(3)

Appendix F, Rodent Proofing

(4)

Appendix G, Flood-Resistance Construction

(5)

Appendix I, Patio Covers

(6)

Appendix J, Grading

(7)

Appendix K, Administrative Provisions

(8)

Appendix L, Earthquake Recording Instrument

(9)

Appendix O, Performance-Based Application

(Ord. No. 2025-07, § 1, 2-11-25)

Editor's note— Ord. No. 2025-07, § 1, adopted Feb. 11 2025, repealed the former § 22-51, and enacted a new § 22-51 as set out herein. The former § 22-51 pertained to International Building, Residential and Existing Building Codes, 2015 edition and derived from Code 1979, ch. 3, § 1; Ord. No. 84-11, § 1, adopted June 12, 1984; Ord. No. 85-25, ch. 3, § 1, adopted Aug. 27, 1985; Ord. No. 86-18, § 1, adopted Sept. 9, 1986; Ord. No. 88-17, ch. 3, § 1, adopted Nov. 8, 1988; Ord. No. 95-3, § 1, adopted Feb. 14, 1995; Ord. No. 98-16, § 1, adopted Nov. 12, 1998; Ord. No. 2001-26, § 1, adopted Dec. 11, 2001; Ord. No. 2003-17, § 1, adopted Oct. 21, 2003; Ord. No. 2005-17, § 1, adopted Sept. 6, 2005; Ord. No. 2009-23, § 1, adopted Nov. 24, 2009; Ord. No. 2009-26, § 1, adopted Nov. 24, 2009; Ord. No. 2009-27, § 1, adopted Nov. 24, 2009; Ord. No. 2016-30, § 2, adopted Oct. 27, 2016; Ord. No. 2017-14, § 2, adopted July 14, 2017.

Sec. 22-52. - Interpretation of article.#

Wherever in the building code hereby adopted it is provided that anything must be done to the approval of or subject to the direction of the enforcing officer, this shall be construed to give such officer only the power to determine whether the rules and regulations established by this article have been complied with, and shall not be construed as giving such officer discretionary powers.

(Code 1979, ch. 3, § 1(B))

Sec. 22-53. - Officers acting for city not personally liable.#

Any officer or employee, or member of the board of adjustment, charged with the enforcement of this building code, acting for the city in the discharge of his duties, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties. Any suit brought against any officer or employee because of such act performed by him in the enforcement of any provision of this building code shall be defended by the city attorney until the final termination of the proceedings.

(Code 1979, ch. 3, § 1(F))

Sec. 22-54. - Definitions.#

The following words, terms and phrases, when used in the code adopted in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Corporation counsel means the attorney for the city.

Municipality means the city.

(Code 1979, ch. 3, § 1(H))

Cross reference— Definitions generally, § 1-2.

Sec. 22-55. - Amendments to the International Building Code.#

(a)

Section 101.1 "Title" Insert: "The City of Burnet, Texas."

(b)

Section 101.4 "Referenced codes." Amend to read: The other codes listed in Sections 101.4.1 through 101.4.8 and referenced elsewhere in this code, when specifically adopted, shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted.

(c)

Section 103.1 "Creation of enforcement agency" Insert "The City of Burnet Building Department"

(d)

Section 105.1 "Required" Amend to read: Any owner of authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure; or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical, or plumbing systems; the installation of which is regulated by this code, or to install accessory structures, or to cause any such work to be done, shall first make application to the Building Official for a permit, shall comply with applicable state and local rules and regulations concerning licensing and registration, and obtain the required permit."

(e)

Section 105.2 "Work exempt from permit." Amend Item 1: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet.

(f)

Section 110.6.1 "Re-inspection." Add new section to read as follows: "Where any work or installation does not pass any inspection, the necessary corrections shall be made to achieve compliance with this code. The work or installation shall then be re-submitted to the code official for re-inspection. A fee shall be paid to the city for each re-inspection."

(g)

Section 113 "Board of Appeals" delete this section in its entirety.

(h)

Section 202 "Definitions" Amend section by adding or changing the following definitions:

AMBULATORY CARE FACILITY. Buildings or portions thereof used to provide medical, surgical, psychiatric, nursing, or similar care on a less than 24-hour basis to persons who are rendered incapable of self-preservation by the services provided or staff has accepted responsibility for care recipients already incapable. This group may include but not be limited to the following: Dialysis centers, Sedation dentistry, Surgery centers, Colonic centers, Psychiatric centers, or Procedures involving sedation.

ASSISTED LIVING FACILITIES. A building or part thereof housing persons, on a 24-hour basis, who because of age, mental disability, or other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff.

REPAIR GARAGE. A building, structure, or portion thereof used for servicing or repairing motor vehicles. This occupancy shall also include garages involved in minor repair, modification and servicing or motor vehicles for items such as lube changes, inspections, windshield repair or replacement, shocks, minor part replacement and other such minor repairs.

HIGH-RISE BUILDING. A building with an occupied floor located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle access.

(i)

Section 303.1.3 "Associated with Group E occupancies." Add a sentence to read as follows: "A room or space used for assembly purposes that is associated with a Group E occupancy is not considered a separate occupancy, except when applying the assembly requirements of Chapters 10 and 11."

(j)

Section 307.1.1 "Uses other than Group H." Add the following sentence to Exception 4: "4. Cleaning establishments... {Text unchanged} ...with Section 707 or 1-hour horizontal assemblies constructed in accordance with Section 711 or both. See also IFC Chapter 21, Dry Cleaning Plant provisions."

(k)

Section 406.7.2 "Canopies". Amend the height requirements to 14 feet, 0 inches (4,267.2 mm).

(l)

Section 502.1 "Address Identification". Amend to read: "New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than six (6) inches (152.4 mm) high with a minimum stroke width of one (1) inch (25.44 mm). Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road, buildings do not immediately front a street, and/or the building cannot be viewed from the public way, a monument, pole or other sign with approved 6-inch (152.4 mm) height building numerals. Address identification shall be maintained.

Exception: R-3 Single Family occupancies shall have approved numerals of a minimum of four (4) inches (101.6 mm) in height and a color contrasting with the background clearly visible and legible from the street fronting the property and rear alleyway where such alleyway exists.

(m)

Section 903.2.4.2 "Group F-1 Distilled spirits" Amend to read as follows: "903.2.4.2 Group F-1 distilled spirits. An automatic sprinkler system shall be provided throughout a Group F-1 fire area used for the manufacture of distilled spirits involving more than 120 gallons of distilled spirits (>16% alcohol) in the fire area at any one time."

(n)

Section 903.2.9.3 "Group S-1 Distilled spirits or wine." Amend to read as follows: "903.2.9.3 Group S-1 distilled spirits or wine. An automatic sprinkler system shall be provided throughout a Group S-1 fire area used for the bulk storage of distilled spirits or wine involving more than 120 gallons of distilled spirits or wine (>16% alcohol) in the fire area at any one time."

(o)

Section 912 "Fire Department Connections": Add New Section 912.2.3 to read: "912.2.3 Hydrant Distance. An approved fire hydrant shall be located within 100 feet of the fire department connection as the fire hose lays along an unobstructed path."

(p)

Section 1101.2 "Design" Add new section to read as follows: "Buildings and facilities shall be designed and constructed to be accessible in accordance with this chapter and the Texas Accessibility Standards (TAS) of the Architectural Barriers law, Government Code Chapter 469, as applicable.

Exception: Buildings regulated under state law and built in accordance with state-certified plans, including any variance or waivers granted by the state, shall be deemed to be in compliance with the requirements of this chapter."

(q)

Section 1612.3 "Establishment of Flood Hazard Areas." Insert: "The City of Burnet" and "November 1, 2019" respectively.

(r)

Section 1809.5.1 "Frost protection at required exists"; delete entirely

(s)

Section 2702.5 "Designated Critical Operations Areas (DCOA)" Add new section to read: "In areas within a facility or site requiring continuous operation for the purpose of public safety, emergency management, national security, or business continuity, the power systems shall comply with NFPA 70 Article 708."

(t)

Section 2902.1 "Minimum Plumbing Facilities" add second paragraph to read as follows: "ln other than E Occupancies, the minimum number of fixtures in Table 2902.1 may be lowered if requested in writing, by the applicant, stating reasons for a reduced number of fixtures and approved by the Building Official."

(Ord. No. 2025-07, § 2 (Exh. A), 2-11-25)

Editor's note— Ord. No. 2025-07, § 2, adopted Feb. 11 2025, repealed the former § 22-55, and enacted a new § 22-55 as set out herein. The former § 22-55 pertained to amendments to the building codes and derived from the 1979 Code, ch. 3, § 1(J); Ord. No. 85-2, ch. 3, § 1, adopted Jan. 22, 1985; Ord. No. 86-18, § 1, adopted Sept. 9, 1986; Ord. No. 93-11, ch. 3, § 1, adopted Aug. 31, 1993; Ord. No. 96-3, adopted Jan. 23, 1996; Ord. No. 2001-26, § 2, adopted Dec. 11, 2001; Ord. No. 2003-17, § 2, adopted Oct. 21, 2003; Ord. No. 2004-02, § 2, adopted Jan. 13, 2004; Ord. No. 2007-28, § 3, adopted Oct. 23, 2007; Ord. No. 2021-24, § 2, adopted July 27, 2021.

Sec. 22-56. - Penalty for violation of article.#

Whenever in the building code or in any ordinance of the city amending such code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such code or ordinance the doing of an act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of such code or any such ordinance shall be punished by a fine of not exceeding $500.00; provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each day any violation of this code or of any ordinance shall continue, shall constitute a separate offense.

Any person who shall violate any of the provisions of this article, or shall fail to comply herewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $2,000.00. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.

(Ord. No. 95-3, § 2, 2-14-95; Ord. No. 2001-26, § 15, 12-11-01)

Sec. 22-57. - Americans With Disabilities Act.#

The design, construction and reconstruction of public, multi-family, commercial, retail, office, industrial, and other buildings shall conform with the requirements of the Americans With Disabilities Act, 42 U.S.C. § 12101, et seq.; provided that this section shall not be interpreted to extend the requirements of such Act to any building that is not subject to such Act by federal or state law, or to any building or facility that is exempt from or obtains an exemption, or variance, from the federal government.

(Ord. No. 97-8, § 1, 11-11-97)

Sec. 22-58. - International Residential Code.#

(a)

The International Residential Code, 2021 edition, a copy of which is on file in the office of the city secretary is hereby adopted as the residential building code of the city, said adoption being inclusive of appendices listed:

(1)

Appendix AA, Sizing and Capacities of Gas Piping

(2)

Appendix AB, Sizing of Venting Systems

(3)

Appendix AC, Reserved

(4)

Appendix AD, Recommended Procedure for Safety Inspection

(5)

Appendix AE, Manufactured Housing Used as Dwellings

(6)

Appendix AG, Piping Standards

(7)

Appendix AH, Patio Covers

(8)

Appendix Al, Private Sewage Disposal

(9)

Appendix AJ, Existing Buildings and Structures

(10)

Appendix AK, Sound Transmission

(11)

Appendix AM, Home Day Care

(12)

Appendix AN, Venting Methods

(13)

Appendix AO, Automatic Vehicular Gates

(14)

Appendix AP, Sizing of Water Piping System

(15)

Appendix AT, Solar-Ready Provisions

(Ord. No. 2025-07, § 3, 2-11-25)

Sec. 22-59. - Amendments to the International Residential Code.#

(a)

Section R101.1 "Title." Insert: "the City of Burnet, Texas."

(b)

Section R102.4 "Referenced codes and standards." Amend to read: "R102.4 Referenced codes and standards. The codes, when specifically adopted, and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections R102.4.1 and R102.4.2. Whenever amendments have been adopted to the referenced codes and standards, each reference to said code and standard shall be considered to reference the amendments as well. Any reference made to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted."

(c)

Section R105.2 "Work exempt from permit." "Building": Remove exemption "5. Sidewalks and driveways." Add Item "10: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet."

(d)

Section R106.1 "Submittal documents." Amend to read as follows: "Submittal documents consisting of construction documents, and other data, shall be submitted in digital format where allowed by the building official with each application for a permit. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. {Exception to remain}

(e)

Section R109.5 "Re-inspection." Add new section to read as follows: "Where any work or installation does not pass any inspection, the necessary corrections shall be made to achieve compliance with this code. The work or installation shall then be re-submitted to the Building Official for re-inspection. A fee shall be paid to the city for each re-inspection."

(f)

Section R112 "Board of Appeals" Delete this section in its entirety.

(g)

Section R110.3 "Certificate issued." Delete: "8. Where an automatic sprinkler system is provided and whether the sprinkler system is required."

(h)

Table R301.2 fill in as follows:

xpp rotatepg?=""? Ground

Snow

Load Wind Design Seismic

Design

Category f Subject to

Damage from Winter Design

Temp e

Ice Barrier Underlayment h

Flood

Hazard g

Air Freezing Index i

Mean Annual

Temp j

Speed d

(MPH) Topographic

Effects k

Special Wind Region L

Windborne

Debris Zone m

Weathering a Frost

Line

Depth b Termite c

5 lb/ft 115 (3 sec-gust/76 fastest mile No No No A Moderate 4" Moderate

to Heavy 28°F No Local

Code 30 65.5°F

Delete remainder of table Manual J Design Criteria and footnote N xpp restore?=""?

(i)

Section R306.5 "Toilet Facilities for Workers." Add section to read as follows: "Toilet Facilities shall be provided for construction workers, and such facilities shall be maintained in a sanitary condition. Construction worker toilet facilities of the non-sewer type shall conform to ANSI Z4.3. The path of travel to required facilities shall not exceed a distance of 600 feet (91.2m)."

(j)

Section R313.2 "One- and two-family dwellings automatic sprinkler systems." Delete this section and subsection in their entirety.

(k)

Section G2408.3 (305.5) "Private Garages." Delete section in its entirety.

(l)

Section G2417.4.2 (406.4.2) "Test duration." Amend to read as follows: "The test duration shall be held for a length of time satisfactory to the Building Official, but in no case for less than ten (10) minutes."

(m)

Section P2503.5.1 "Rough Plumbing" Amend to read as follows: "DWV systems shall be tested on completion of the rough piping installation by water, by air for piping systems other than plastic, or by a vacuum of air for plastic piping systems, without evidence of leakage. The test shall be applied to the drainage system in its entirety or in sections after rough-in piping has been installed, as follows:

1.

Water test. 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 no section shall be tested with less than a 5-foot (1,524 mm) head of water. In testing successive sections, at least the upper 10 feet (3,048 mm) of the next preceding section shall be tested so that no joint or pipe in the building, except the uppermost 10 feet (3,048 mm) of the system, shall have been submitted to a test of less than 5-foot (1,524 mm) head of water. This pressure shall be held for not less than fifteen (15) minutes. The system shall then be tight at all points."

2.

Air test. An air test for plastic pipe not exceeding five (5) psi for a period not less than 15 minutes shall be allowed for soil testing in wet weather.

3.

Vacuum test. The portion under test shall be evacuated of air by a vacuum-type pump to achieve a uniform gauge pressure of -5 pounds per square inch or a negative 10 inches of mercury column (-34 kPa). This pressure shall be held without the removal of additional air for a period of 15 minutes."

(n)

Section P2603.5.1 "Sewer depth." Add 12-inches in both locations.

(o)

Section P2902.5.3 "Lawn irrigation systems." Amend to read as follows: "Lawn irrigation systems. The potable water supply to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure-type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer. A valve 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 preventer."

(p)

Section P3005.4.2.1 "Building gravity sewer". Add new section to read as follows: "Building gravity sewer shall not be less than three (3) inches (7.62 cm) in diameter."

(q)

Table P3005.4.2. Add footnote "c" to read as follows: Building gravity sewers shall not be less than three (3) inches (7.62 cm) in diameter."

(r)

Section P3007.1.1 "Location of Sumps and Ejectors." Add new section to read as follows: "All portions of any equipment associated with a sewer sump or ejector shall be installed out-of-doors, and not within any building intended for human habitation."

(s)

Section E3601.6.2 "Service Disconnect Locations." Amend section to read as follows: "The service disconnecting means shall be installed at a readily accessible location outside of the building, and as close to the meter base as possible. Each occupant shall have clear access to the service disconnecting means serving the dwelling unit in which they reside."

(t)

Section Al101.1 of Appendix I "Private Sewage Disposal." Amend to read as follows: "All private sewage disposal systems shall conform to the requirements of the Texas Department of Health and the Texas Commission on Environmental Quality.

(u)

Table N1101.7 (R301.1) "Climate Zones, Moisture Regimes, and Warm Humid Designation by State, County and Territory" is amended to designate Burnet County, Texas as climate zone 2A.

(Ord. No. 2025-07, § 4 (Exh. B), 2-11-25; Ord. No. 2026-09, § 1, 3-24-26)

Sec. 22-60. - International Existing Building Code.#

(a)

The International Existing Building Code, 2021 edition, a copy of which is on file in the office of the city secretary is hereby adopted as the existing building code of the city.

(Ord. No. 2025-07, § 5, 2-11-25)

Sec. 22-61. - Amendments to the International Existing Building Code.#

(a)

Section 101.1 "Title." Insert "The City of Burnet, Texas."

(b)

Section 103.1 "Creation of Agency." Insert: "Building Department"

(c)

Section 105.1.1 "Annual permit." is hereby deleted.

(d)

Section 105.1.2 "Annual permit records." Is hereby deleted.

(e)

Section 109.5.1 "Re-inspection." Add new section to read as follows: "Where any work or installation does not pass any inspection, the necessary corrections shall be made to achieve compliance with this code. The work or installation shall then be re-submitted to the Building Official for re-inspection. A fee shall be paid to the city for each re-inspection."

(f)

Section 110.1.2 "Change in tenancy." New section added to read as follows: "It shall be unlawful to make a change in tenancy of any existing commercial use building, or business lease space without first making application for and obtaining approval for a certificate of occupancy."

(g)

Section 110.1.3 "Nontransferable." New section added to read as follows: "Once issued, a property used for a business activity, its certificate of occupancy is not transferable to another owner, person, business, or property."

(h)

Section 110.2 "Certificate issued." Delete Item 11.

(i)

Section 406.1 "Material." Amend to read as follows: "Existing electrical wiring and equipment undergoing repair shall be allowed to be repaired or replaced with like material, in accordance with the requirements of NFPA 70."

(j)

Section 504.1.2 "Existing fire escapes". Amend to read as follows: "Existing fire escapes shall continue to be accepted as a component in the means of egress in existing buildings only. Existing fire escapes shall be permitted to be repaired or replaced."

(k)

Section 702.7 "Materials and methods." Amend to read as follows: "All new work shall comply with the materials and methods requirements in the International Building Code, International Energy Conservation Code, International Mechanical Code, National Electrical Code, and International Plumbing Code, as applicable, that specify material standards, detail of installation and connection, joints, penetrations, and continuity of any element, component, or system in the building."

(l)

Section 802.5.1 "Minimum requirement." Amend to read as follows: "Every portion of sided walking surfaces, including mezzanines, equipment platforms, aisles, stairs, ramps, and landings that is more than 30 inches (762 mm) above the floor or grade below and is not provided with guards, or those in which the existing guards are judged to be in danger of collapsing, shall be provided with guards."

(m)

Section 803.2.6 "Supervision." Change the exception to read as follows: "Exception: Supervision is not required where the Fire Code does not require such for new construction."

(n)

Section 803.3 "Standpipes." Amend to read as follows: "Refer to Section 1103.6 of the Fire Code for retroactive standpipe requirements." {Delete rest of Section 803.3.}

(o)

Section 804.2 "General." Delete exception #1 (exception #2 to remain unchanged).

(p)

Section 904.1 "Automatic sprinkler systems." Add sentence to read as follows: "For the purpose of fire sprinkler protection and fire alarm requirements included in this section, the work area shall be extended to include at least the entire tenant space or spaces bounded by walls containing the subject work area, and if the work area includes a corridor, hallway, or other exit access, then such corridor, hallway, or other exit access shall be protected in its entirety on that particular floor level."

(q)

Section 904.1.1 "High-rise buildings." Amend to read as follows: "An automatic sprinkler system shall be provided in work areas of high-rise buildings."

(r)

Section 1011.2.1 "Fire sprinkler system." Amend to read as follows: "Where a change in occupancy classification occurs or where there is a change of occupancy within a space where there is a different fire protection system threshold requirement in Chapter 9 of the International Building Code that requires an automatic fire sprinkler system to be provided based on the new occupancy in accordance with Chapter 9 of the International Building Code. The installation of the automatic sprinkler system shall be required within the area of the change of occupancy and areas of the building not separated horizontally and vertically from the change of occupancy by one of the following:

1.

Nonrated permanent partition and horizontal assemblies.

2.

Fire partition.

3.

Smoke partition.

4.

Smoke barrier.

5.

Fire barrier, as required by Section 707 of the IBC.

6.

Fire wall, as required by Section 706 of the IBC.

Exceptions: [Remain unchanged.]"

(s)

Section 1102.2.1 "Fire Separations." Add new section to read as follows: "Where fire separations are utilized to allow additions without exceeding the allowable area provisions of Chapter 5 of the IBC for either the existing building or the new addition, the decreased clear space where the two buildings adjoin shall be accounted for in such calculation relative to the allowable frontage increase."

(Ord. No. 2025-07, § 6 (Exh. C), 2-11-25)

Secs. 22-62—22-75. - Reserved.#

ARTICLE IV. - DANGEROUS BUILDING ABATEMENT CODE#

Footnotes:

--- (3) --- Editor's note— Ord. No. 2015-04, § 2, adopted March 8, 2015, amended art. IV, §§ 22-76—22-84, in its entirety. Former art. IV pertained to similar subject matter, and was derived from Ord. No. 97-6, §§ 2(1)—(9), adopted September 23, 1997; Ord. No. 98-16, § 2, adopted November 12, 1998 and Ord. No. 2002-15, §§ 1—5, adopted August 20, 2002.

Sec. 22-76. - Definitions.#

As used in this article the following terms shall have the meanings given below:

Alterations means any change, addition, or modification in construction; any change in the structural members of a building, such as walls or partitions, columns, beams or girders; and may be referred to as "altered" or "reconstructed."

Approved means having the approval of the building inspector as the result of an investigation and tests that the officer conducted or by reason of accepted principles or tests by national authorities, technical, or scientific organizations; or having the approval of the appropriate enforcement official of the city as being represented by the applicant in compliance with the standards and requirements of this code or ordinance of the city that applies specifically to the item in question; or other customary approvals reserved to the city by state law or city ordinance.

Board of appeals means the city council of the City of Burnet, Texas.

Building means any structure, either temporary or permanent, having a roof or other covering, that is designed or used for the shelter or enclosure of any person, animal, or property of any kind, including tents, awnings, or vehicles situated on private property and used for purposes of a building.

Building official shall refer to the building official, or the building inspector designated to issue permits and inspect buildings or construction including permits and inspections related to the enforcement of this chapter.

City means the City of Burnet.

Code official means the official who is charged with the administration and enforcement of this code, or any duly authorized representative.

Code means the edition of the International Property Maintenance Code published by the International Code Council and currently adopted by the city.

Commercial building means any building or structure that is used or designed to be used, in whole or in part, for retail or wholesale business, industrial, manufacturing, storage, religious, educational, amusement, entertainment, health, professional, scientific, office, or other business purposes. "Commercial buildings" are a type of nonresidential building.

Construction means any clearing of land, excavation, or other action that would adversely affect the natural environment of the site. This definition does not include uses in securing survey or geological data such as necessary borings to ascertain subsurface conditions.

Dangerous building, Unsafe building, and unfit dwelling means any structure or building located within the incorporated limits of the City that fails to comply with the general requirements for exterior structures, interior structures, or component serviceability as established by the currently adopted edition of the code.

Dwelling means the entirety or any portion of any building that is not an "apartment house," or "lodging house," and that contains one or more "dwelling units" or "guest rooms" that are used, intended, or designed to be built, used, rented, leased, let, or hired out to be occupied, or which are occupied for living purposes.

Dwelling unit means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Erected means built, constructed, altered, reconstructed, poured, laid, moved upon, excavated, site cleared, land filled, or any physical operations on the premises that are required for construction.

Nuisance means any of the following conditions: (1)

Any condition of real property, building or other structure that fails to meet the minimum standards set forth in the International Property Maintenance Code as adopted by the city and local amendments made thereto.

(2)

Any attractive nuisance that may prove detrimental to children whether in a building; or attached to or grounded from the premises of a building; or upon, attached to or grounded from an unoccupied lot. This includes, but is not limited to, any abandoned wells, shafts, cellars, basements, excavations, abandoned refrigerators, abandoned, junked or inoperative boats, houseboats, motor vehicles or motor vehicle parts, broken down or dilapidated docks, or lumber, trash, fences, debris or vegetation that may prove a hazard for inquisitive minors.

(3)

Whatever condition is dangerous to human life or is detrimental to health or property.

(4)

Overcrowding or occupancy in violation of this chapter.

(5)

Insufficient ventilation or illumination.

(6)

Inadequate or unsanitary sewerage or plumbing facilities.

(7)

Uncleanliness.

(8)

Whatever renders air, food, or drink unwholesome or detrimental to the health of human beings or animals.

(9)

Divergence of run-off to other private or public property.

Occupant means any person who rents, leases or appears to reside, rent or lease a building, structure or property through custody of the premises or who has the legal right to possession of such premises.

Owner means any person who holds any interest in the legal title of a building, structure or property or who has the legal right of possession thereof.

Permit means a written document or certification issued by the building official permitting the specific construction, alteration, or extension requiring a permit under the provisions of this chapter, the technical codes and regulations stated herein.

Person shall mean and include an individual human, partnership, co-partnership firm, company, limited liability partnership or other partnership or other such company, joint venture, joint stock company, trust, estate, governmental entity, association or corporation or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.

Repair means the reconstruction, renovation, or renewal of any part of an existing building for the purpose of its maintenance. This term shall not apply to any change or construction, alteration, or additions to a building other than for the purpose of reconstruction, renovation, or renewal.

Responsible parties or responsible party means the owner or occupant, including the person in custody of the building, property or structure and any mortgagee or lien holder.

Shall is a mandatory term.

(Ord. No. 2015-04, § 2, 3-8-15)

Sec. 22-77. - Dangerous buildings, unsafe structures and unfit dwellings.#

(a)

The requirements established by the most recent edition of the International Property Maintenance Code currently adopted and locally amended by the city are hereby declared to the minimum standards for the continued use and occupancy of all buildings located within the corporate limits of the city regardless of the date of their construction.

(b)

A building or structure shall be deemed to be dangerous, unsafe and/or unfit for human habitation if:

(1)

Said building or structure fails to comply with any one or more of the requirements established by the International Property Maintenance Code or the local amendments made thereto.

(2)

Said building or structure, regardless of its structural condition, is unoccupied by its owners, lessees, or other invitees and is:

1.

Unsecured from unauthorized entry to the extent that it could be entered or used by vagrants or other uninvited persons as a place of harborage or could be entered or used by children; or

2.

Boarded up; fenced, or otherwise secured in any manner if:

a.

The building or structure constitutes a danger to the public even though secured from entry; or

b.

The means used to secure the building or structure are inadequate to prevent unauthorized entry or use of the building.

(Ord. No. 2015-04, § 2, 3-8-15)

Sec. 22-78. - Public nuisances declared.#

(a)

A building or structure deemed to be a dangerous building, an unsafe structure, and/or an unfit dwelling under the terms of this chapter is hereby declared to be a public nuisance and is unlawful.

(b)

It shall be the responsibility of the owner[s] or occupants of any unsafe building, unfit dwelling or dangerous building to abate public nuisances associated with said building by means of repair, rehabilitation, demolition, or removal in accordance with the procedures provided in this chapter.

(Ord. No. 2015-04, § 2, 3-8-15)

Sec. 22-79. - Duties of the code official.#

The code official shall report to the building official of the city and is authorized to inspect, or cause to be inspected, every building, or portion thereof, reported to be unsafe. If such building, or any portion thereof, is determined to be unsafe, the code official shall give the responsible parties notice in accordance with the requirements set forth in this article. The code official shall further: (1)

Inspect or cause to be inspected, when necessary, any building or structure within the incorporated limits of the city, including public buildings, schools, halls, churches, theaters, hotels, tenements, or apartments, multifamily residences, single-family residences, garages, warehouses, and other commercial and industrial structures of any nature whatsoever for the purpose of determining whether any conditions exist which render such places a "dangerous building" as defined herein.

(2)

Inspect any building, wall or structure about which complaints have been filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article.

(3)

Report to the board of appeals, any noncompliance with the minimum standards set forth in this article. The code official shall obtain from the secretary of the board of appeals a hearing date for a public hearing by the board of appeals on any building or structure believed to be a dangerous building and shall provide the secretary of the board of appeals with copies of the written notice to persons with interests in the property.

(4)

Appear at all hearings conducted by the board of appeals and testify as to the conditions of dangerous buildings within the city.

(5)

Place a notice on any dangerous building found to be out of compliance with the general requirements of the International Property Maintenance Code.

(6)

Make an effort to identify each owner, mortgagee or lienholder, and their respective addresses, by searching the following: the real property records of the county; the tax appraisal district records; the records of the secretary of state; the assumed name records of the county; the tax records of the city; and the utility records of the city.

(7)

Perform the other requirements with respect to notification of public hearings as are set forth more specifically in this article.

(Ord. No. 2015-04, § 2, 3-8-15)

Sec. 22-80. - Notice to repair.#

(a)

Should the code official determine that any building or structure within the incorporated limits of the city is a dangerous building, unsafe building, or unfit dwelling, the official shall cause written notification to be sent, by certified mail, to each owner, mortgagee, and lienholder identified through an effort to discover such owner, mortgagee, and lienholder. Such notice shall:

(1)

Contain a description of the building or structure deemed unsafe and its location;

(2)

Contain a statement of the specific conditions which make the building or structure a dangerous building, unsafe structure or unfit dwelling;

(3)

Contain a statement that it shall be illegal to occupy or utilize said building for any purpose until such time as the premises have been brought into compliance with the applicable provisions of the International Property Maintenance Code.

(4)

Include notice of the date and time of a public hearing before the board of appeals to determine whether the building complies with the standards set out in this article;

(5)

Include a statement that the owner, lienholder, mortgagee, or persons with a legal interest in the building will be required to submit at the hearing, proof of the scope of any work that may be required to comply with this article and the amount of time it will take to reasonably perform the work: and

(6)

Be served upon the responsible parties as set out in this article.

(b)

Sufficiency of notice. Notwithstanding any other term or provision of this article or the code, notice given pursuant to this article shall be sufficient and deemed properly served upon the responsible parties if a copy thereof is:

(1)

Served upon him/her personally; or

(2)

Sent by registered or certified mail, return receipt requested, to the last known address of such person as shown on the records of the city and the tax appraisal district; and posted in a conspicuous place in or about the building affected by the notice.

(c)

Compliance with notice. The parties responsible for the dangerous building, shall have ten days from the date of service of the notice to bring the dangerous building, unsafe structure, or unfit dwelling into compliance with the provisions of this article.

(d)

Further occupancy prohibited. once a building is determined to be dangerous, the code official shall affix a placard on or near the front door of said building. The placard shall note the date of posting, provide the name and signature of the city official who determined the building to be dangerous, provide an identification, that is not required to be a legal description, of the building and the property on which it is located, and shall state following:

THIS BUILDING HAS BEEN FOUND TO BE A DANGEROUS BUILDING UNDER THE TERMS OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE. OCCUPANCY OR USE OF THIS BUILDING BY ANY PERSON OR FOR ANY PURPOSE IS HEREBY PROHIBITED UNTIL SUCH TIME AS THE PREMISES HAVE BEEN BROUGHT INTO COMPLIANCE WITH THE APPLICABLE PROVISIONS OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND THIS PLACARD REMOVED BY THE CODE OFFICIAL. REMOVAL OF THIS PLACARD BY ANY PERSON OTHER THAN THE UNDERSIGNED OFFICER OF THE CITY SHALL BE UNLAWFUL.

(e)

Refused or unclaimed mail. All mailed notices shall be deemed sufficient and delivered if returned "refused" or "unclaimed."

(f)

Notices sent pursuant to this article shall be sent to the address of the owner, lienholder, mortgagee or persons with legal interests in the building as determined by a reasonable search of records to include:

(1)

County real property records;

(2)

Appraisal district records;

(3)

Records of the Secretary of State, if the property owner or lienholder is a corporation, partnership, or other business association;

(4)

Assumed name records;

(5)

Tax records, and utility records of the city.

(Ord. No. 2015-04, § 2, 3-8-15)

Sec. 22-81. - City council to serve as board of appeals.#

In order to conduct public hearings and to hear and decide appeals of orders, decisions or determinations made by the code official or building official relative to the application and interpretation of this article, the city council shall serve as the board of appeals to pass upon matters pertaining to building standards. The board of appeals may adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the property owner and lien holders, with a duplicate copy to the code official. Appeals to the board shall be processed in accordance with the provisions established by this article.

(Ord. No. 2015-04, § 2, 3-8-15)

Sec. 22-82. - Duties of the board of appeals.#

The board of appeals shall: (1)

Schedule and hold a public hearing and hear testimony from the code official, the owner and other persons having an interest in the dangerous building, and any person desiring to present factual evidence relevant to the unsafe building. Such testimony shall relate to the determination of the question of whether the building or structure in question is a dangerous building and the scope of any work that may be required to comply with this article and the amount of time it will take to reasonably perform the work. The owner or a person having an interest in the dangerous building shall have the burden of proof to demonstrate the scope of any work that may be required to comply with this article and the time it will take to reasonably perform the work.

(2)

Upon conclusion of the hearing, the board of appeals shall determine by majority vote whether the building or structure in question is a dangerous or unsafe building. Upon a determination that the building or structure in question constitutes a dangerous or unsafe building, the board of appeals shall issue an order:

a.

Containing an identification of the building and the property on which it is located;

b.

Making written findings of the violations of the minimum standards that are present at the building;

c.

Requiring the owner and persons having an interest in the building to repair, vacate, or demolish the building within 30 days from the issuance of such order, unless the owner or a person with an interest in the building establishes at the hearing that the work cannot reasonably be performed within 30 days, in which instance the board of appeals shall specify a reasonable time for the completion of the work;

d.

Containing a statement that the city will vacate, secure, remove or demolish the dangerous building and relocate the occupants of the building if the ordered action is not taken within the time specified by the board of appeals; and

(3)

The code official or city secretary shall deliver a copy of said order by hand delivery or certified mail to the owner and all persons having an interest in the property, as such persons appear in the official records described herein, including all identifiable mortgagees and lienholders, as soon as is practicable after the hearing, which order shall include an identification and address of the building and the property on which it is located; a description of the violation of this article that are found to be present at the building; and a statement that the municipality will vacate, secure, remove, repair, or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time.

(4)

If the board of appeals allows the owner or a person with an interest in the dangerous building more than 30 days to repair, remove, or demolish the building, the board of appeals in its written order shall establish specific time schedules for the commencement and performance of the work and shall require the owner or person to secure the property in a reasonable manner from unauthorized entry while the work is being performed. The securing of the property shall be in a manner found to be acceptable by the building official.

(5)

The board of appeals shall not allow the owner or person with an interest in the dangerous building more than 90 days to repair, remove, or demolish the building or fully perform all work required to comply with the written order unless the owner or person:

a.

Submits a detailed plan and time schedule for the work at the hearing; and

b.

Establishes at the hearing that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work.

(6)

If the value of a property subject to a board of appeals order exceeds $100,000.00, the board, at its election, may require the owner, lienholder, or mortgagee to post a cash or surety bond in an amount adequate to cover the cost of repairing, removing, or demolishing a building. In lieu of a bond, the board may require the owner, lienholder, or mortgagee to provide a letter of credit from a financial institution or a guaranty from a third party approved by the city. If required by the board, the bond must be posted, or the letter of credit or third party guaranty provided not later than the 30th day after the date the board of appeals issues its order.

(7)

If the board of appeals allows the owner or person with an interest in the dangerous building more than 90 days to complete any part of the work required to repair, remove, or demolish the building, the board of appeals shall require the owner or person to regularly submit progress reports to board of appeals to demonstrate that the owner or person has complied with the time schedules established for commencement and performance of the work. The written order may require that the owner or person with an interest in the building appear before the city code official to demonstrate compliance with the time schedules.

(8)

Appeals. In the event the owner fails to appeal an order issued by the board of appeals under this article within 30 days of the date said order was personally delivered to them, mailed to them by first class mail with certified return receipt requested, or delivered to them by United States Postal Service using signature confirmation service, the order shall become final and unappealable. In the event an owner fails to comply with the order within the time frame specified therein, following the expiration of 30 days from the date the order was personally delivered to them, mailed to them by first class mail with certified return receipt requested, or delivered to them by United States Postal Service using signature confirmation service , the city will be authorized to take action to abate the public nuisance and affix a lien against the property.

(9)

After the public hearing, if a building is found in violation of the minimum requirements of this article, the board of appeals may order that the occupants be relocated within a reasonable time.

(10)

In addition to the authority granted to the board of appeals under this chapter, the city may also pursue any and all other remedies provided by state law including filing suit in the appropriate court of competent jurisdiction to enforce this article.

(11)

If the building is not vacated, secured, repaired, removed, or demolished, or the occupants are not relocated within the allotted time, the city may vacate, secure, remove, repair or demolish the building or relocate the occupants at its own expense after the timeframe for appealing the board's order pursuant to subsection (8) has expired.

(12)

If the city incurs expenses as result of enforcing the provisions of this article, said expenses may be assessed against the property and the city has a lien against the property, unless it is a homestead as protected by the Texas Constitution. The lien is extinguished if the property owner or another person having an interest in the legal title to the property reimburses the city for the expenses. The lien arises and attaches to the property at the time of the notice of the lien is recorded and indexed in the office of the county clerk. The notice must contain in the name and address of the owner if that information can be determined by a reasonable effort, a legal description of the real property on which the building was located, the amount of expenses incurred by the city, and the balance due. A lien filed in accordance with the terms of this article is a privileged lien subordinate only to tax liens and all previously recorded bona fide mortgage liens attached to the real property to which the city's lien attaches.

(13)

Notice. If repair or demolition is ordered, the board of appeals shall send a copy of the order by certified mail to the owner and all persons having an interest in the property, including all identifiable mortgagees and lienholders within ten days after the hearing. Within ten days after the date that the order is issued, the city shall:

a.

File a copy of the order in the office of the municipal secretary or clerk; and

b.

Publish in a newspaper of general circulation in the municipality in which the building is located a notice containing:

1.

The street address or legal description of the property;

2.

The date of the hearing;

3.

A brief statement indicating the results of the order (may be a copy of the order); and

4.

If not provided in the notice, instructions stating where a complete copy of the order may be obtained.

c.

If repair or demolition is ordered and notice of public hearing was not filed in the official public records of real property of the county, the city may file and record a copy of the order in such records of the county.

(14)

Secure property. If the board of appeals allows the owner or a person with an interest in the dangerous building more than 30 days to repair, remove, or demolish the building, the board of appeals in its written order shall establish specific time schedules for the commencement and performance of the work and shall require the owner or person to secure the property in a reasonable manner from unauthorized entry while the work is being performed. The securing of the property shall be in a manner found to be acceptable by the city building inspector.

(Ord. No. 2015-04, § 2, 3-8-15)

Sec. 22-83. - Assessment of expenses and penalties.#

(a)

If the board of appeals has held a hearing in accordance with the terms of this article, and the time allotted for the repair, removal or demolition of a building has expired, then the board of appeals may, in addition to the authority granted under V.T.C.A., Local Government Code ch. 214 and this article:

(1)

Order the repair of the building at the city's expense and assess the expenses on the land on which the building stands or to which it is attached, or

(2)

Assess a civil penalty against the responsible party for failure to repair, remove, or demolish the building.

(b)

The city, at its election, may use city resources or contract with appropriate service providers to demolish a building that is subject to a board of appeals demolition order. Should the city choose to retain an outside demolition contractor, the code official shall invite at least two or more building contractors to make estimates pertaining to the needed repair, removal or demolition of a building. The code official shall cause to be made an assessment of expenses or civil penalty based on such estimates. The code official shall endeavor to minimize the expenses of any building repairs, removal or demolitions order pursuant to this subchapter.

(c)

The city may repair a building subject to a board of appeals order only to the extent necessary to bring the building into compliance with the general requirements of the International Property Maintenance Code and only if the building is a residential building with ten or fewer dwelling units. The repairs may not improve the building to the extent that the building exceeds minimum standards prescribed by the code.

(d)

The city's lien to secure the payment of a civil penalty or the costs of repairs, removal, or demolition is inferior to any previously recorded bona fide mortgage lien attached to the real property to which the city's lien attaches if the mortgage lien was filed for record in the office of the county clerk before the date the civil penalty is assessed or the repair, removal, or demolition is begun by the city. The city's lien is superior to all other previously recorded judgment liens.

(e)

Any civil penalty or other assessment imposed under this section accrues interest at the rate of ten percent a year from the date of assessment until paid in full.

(f)

A lien acquired under this section by the city for repair expenses may not be foreclosed if the property on which the repairs were made is occupied as a residential homestead by a person 65 years of age or older.

(Ord. No. 2015-04, § 2, 3-8-15)

Sec. 22-84. - Violations.#

(a)

The owner of any unsafe building or dangerous building who shall fail to comply with any notice or order to repair, vacate or demolish said building or structure, such notice or order given by the authority of the board of appeals, or the city council, shall be guilty of a misdemeanor.

(b)

An occupant, or lessee in possession of any unsafe building or dangerous building who fails to comply with any notice or order to vacate such building and fails to repair such building in accordance with an order given by the board of appeals shall be guilty of a misdemeanor.

(c)

Any person removing the notice of a dangerous building as provided for by this article, shall be guilty of a misdemeanor.

(d)

The violation of any provision of this article shall be unlawful and a misdemeanor offense punishable by a fine not exceeding $500.00. Each day a violation of this article continues shall constitute a separate offense.

(e)

In any prosecution charging a violation of this article governing the failure to comply with any notice or order to repair, vacate, remove, or demolish any building or structure, proof that the particular property described in the complaint was substandard in violation of this article, together with proof that the defendant named in the complaint was, at the time of such notice or order, the registered owner of such property, shall constitute in evidence a prima facie presumption that the registered owner of such property was the person who failed to comply with the notice or order to repair, vacate, remove, or demolish, and for the time during which, such violation occurred.

(Ord. No. 2015-04, § 2, 3-8-15)

Secs. 22-85—22-100. - Reserved.#

ARTICLE V. - RESERVED#

Footnotes:

--- (4) --- Editor's note— Ord. No. 2015-04, § 3, adopted March 8, 2015, repealed art. V, §§ 22-101—22-103, in its entirety. Former art. V pertained to "Housing Code," and was derived from Code 1979, ch. 3, § 2; Ord. No. 95-8, ch. 3, §§ 2(A)—(C), adopted February 14, 1995 and Ord. No. 98-16, § 3, adopted November 12, 1998.

Secs. 22-101—22-125. - Reserved.#

ARTICLE VI. - PLUMBING CODE#

Sec. 22-126. - Adoption of the Plumbing License Law.#

For the protection and preservation of the health, safety, property and the general welfare of the people of the city, the city hereby adopts Vernon's Ann. Civ. St. art. 6243-101, as amended from time to time, cited as the "Plumbing License Law" in its entirety as its own. All plumbing work and plumbing inspections done in the city must be done in accordance with the Plumbing License Law.

(Ord. No. 95-13, ch. 3, § 5(A), 4-25-95)

Sec. 22-127. - International Plumbing Code.#

(a)

The International Plumbing Code, 2021 edition, a copy of which is on file in the office of the city secretary, is hereby adopted as the plumbing code of the city, said adoption being inclusive of appendices listed:

(1)

Appendix B, Rates of Rainfall

(2)

Appendix C, Structural Safety

(3)

Appendix D, Degree Day and Design Temperature

(4)

Appendix E, Sizing of Water Piping System

(Ord. No. 2025-07, § 7, 2-11-25)

Editor's note— Ord. No. 2025-07, § 7, adopted Feb. 11 2025, repealed the former § 22-127, and enacted a new § 22-127 as set out herein. The former § 22-127 pertained to International Plumbing Code, 2015 edition and derived from the 1979 Code, ch. 3, § 5; Ord. No. 84-10, ch. 3, § 5, adopted June 12, 1984; Ord. No. 95-4, § 1, adopted Feb. 14, 1995; Ord. No. 98-16, § 4, adopted Nov. 12, 1998; Ord. No. 2001-11, § 2, adopted July 12, 2001; Ord. No. 2001-26, § 3, adopted Dec. 11, 2001; Ord. No. 2003-17, § 3, adopted Oct. 21, 2003; Ord. No. 2009-29, § 1, adopted Nov. 24, 2009; Ord. No. 2013-10, § 1, adopted July 25, 2013; Ord. No. 2017-14, § 2, adopted Feb. 14, 2017.

Sec. 22-128. - Inspection and supervision.#

(a)

Position of plumbing inspector created. There is hereby created the position of plumbing inspector who shall be employed by the city.

(b)

Qualifications of plumbing inspector. The plumbing inspector shall have experience in plumbing to the extent that enables him to know when plumbing is installed correctly.

(c)

Plumbing inspector to avoid conflicts of interest. The plumbing inspector shall not be directly connected in any way with any person, directly or indirectly, engaged in the business of plumbing or with plumbing suppliers.

(d)

Compensation of inspector. The inspector shall receive as full compensation for his services a salary designated by the city.

(e)

Duties of plumbing inspector. The plumbing inspector shall:

(1)

Enforce all provisions of this article, and such inspector is hereby granted the authority to enter all buildings within or without the corporate limits of the city when such buildings are connected, or are to be connected, to the municipal water and/or sewage system.

(2)

Prepare or cause to be prepared suitable forms for applications, permits, inspection reports and other such materials.

(3)

Inspect and test all plumbing work for compliance with this article and its adopted plumbing code, and to enforce changing of such installations that do not meet the requirements. It further shall be his duty to see that all persons installing or altering plumbing shall be qualified by state law.

(Code 1979, ch. 3, § 5(B))

Sec. 22-129. - Plumbing permit fees.#

All applications for permits required under this article shall be made on such form as provided by the building official with payment of permit fees as stated in article XI (entitled "Fee Schedule") Table Two (entitled "Plumbing Permit Fees").

(Code 1979, ch. 3, § 5(C)(2); Ord. No. 85-2, ch. 3, § 5, 1-22-85; Ord. No. 86-18, § 1, 9-9-86; Ord. No. 93-11, ch. 3, § 5, 8-31-93; Ord. No. 2001-26, § 4, 12-11-01; Ord. No. 2003-17, § 4, 10-21-03; Ord. No. 2021-24, § 3, 7-27-21)

Sec. 22-130. - Penalty for violation of article.#

Whenever in the plumbing code, or in any ordinance of the city amending such code, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such code or ordinance the doing of an act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of such code or any such ordinance shall be punished by a fine not to exceed $2,000.00; provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each day any violation of this plumbing code or of any ordinance shall continue, shall constitute a separate offense.

Any person who shall violate any of the provisions of this article, or shall fail to comply herewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $2,000.00. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.

(Ord. No. 95-4, § 2, 2-14-95; Ord. No. 2001-26, § 15, 12-11-01)

Sec. 22-131. - Amendments to the International Plumbing Code.#

(a)

Section 101.1 "Title." Insert "The City of Burnet, Texas."

(b)

Section 103.1 "Creation of Agency." Insert: "Building Department"

(c)

Section 106.4 "By whom application is made." Add the following: "If a building owner is claiming an exemption under state law because he or she is planning to do the work him or herself, then the owner shall provide proof to the building department that he or she owns the building as his or her homestead."

(d)

Section 109.5.1 "Re-inspection." Add new section to read as follows: "Where any work or installation does not pass any inspection, the necessary corrections shall be made to achieve compliance with this code. The work or installation shall then be re-submitted to the Building Official for re-inspection. A fee shall be paid to the city for each re-inspection."

(e)

Section 112.4.3 "Re-inspection and testing." After the last sentence, add the following: "A fee shall be paid to the city for each re-inspection."

(f)

Section 305.4.1 "Sewer depth." Insert 12" inches (30.48 cm) in both locations.

(g)

Section 311.1 "Toilet facilities for workers. General." Add the following: "Toilet facilities shall be placed not more than 600 feet apart."

(h)

Section 312.2 "Drainage and vent water test." Amend 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 no section shall be tested with less than a 5-foot (1,524 mm) head of water. In testing successive sections, at least the upper 10 feet (3,048 mm) of the next preceding section shall be tested so that no joint or pipe in the building, except the uppermost 10 feet (3,048 mm) of the system., shall have been submitted to a test of less than 5-foot (1,524 mm) head of water. This pressure shall be held for not less than fifteen (15) minutes. The system shall then be tight at all points."

(i)

Section 312.3 "Drainage and Vent Air Test." Add exemption to read "1. An air test for plastic pipe not exceeding five (5) psi for a period not less than 15 minutes shall be allowed for soil testing in wet weather."

(j)

Section 312.10.2 "Testing" Amend to read as follows: Reduced pressure principle, double check, pressure vacuum breaker, reduced pressure detector fire protection, double check detector fire protection, and spill-resistant vacuum breaker backflow preventer assemblies and hose connection backflow preventers shall be tested at the time of installation, immediately after repairs or relocation, as required by 30 Texas Administrative Code 290.44, and at least annually. The testing procedure shall be performed in accordance with one of the following standards: ASSE 5013, ASSE 5015, ASSE 5020, ASSE 5047, ASSE 5048, ASSE 5052, ASSE 5056, CSA B64.10 or CSA B64.10.1. Test gauges shall comply with ASSE 1064."

(k)

Section 608.17.5 "Connections to lawn irrigation systems." Amend to read as follows: 'The potable water supply to lawn irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure-type vacuum breaker, a double-check assembly or a reduced pressure principle backflow preventer. A valve 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 principal backflow preventer.

(l)

Section 712 "Sumps and Ejectors." Add new subsection 712.5 "Location of Sumps and Ejectors." Add new section to read as follows: "All portions of any equipment associated with a sewer sump or ejector shall be installed out-of-doors, and not within any building intended for human habitation."

(m)

Section 903.1.1 "Roof extension unprotected." Amend to read as follows: "Open vent pipes that extend through a roof shall terminate not less than six (6) inches (152 mm) above the roof.

(n)

Section 1003.3.4 "Grease trap and grease interceptor not required." Add the following exception: "An interceptor may be required for an individual dwelling unit or private living quarters, if there is reasonable cause to believe that injurious or illegal materials are being discharged to the public sewer in quantities reasonably calculated to cause damage to the sewage treatment plants and/or processes. Nothing in subsection 1003.1 above shall be construed to relieve a multi-occupant facility, whether housing or otherwise, from installing a trap or interceptor, when it can be reasonably shown that the cumulative discharge of relatively small amounts of potentially injurious materials by individual tenants is sufficient to endanger the public sewer system. The responsibility for installation and maintenance of an interceptor in these circumstances is upon the owner or his agent."

(Ord. No. 2025-07, § 8 (Exh. D), 2-11-25)

Secs. 22-132—22-150. - Reserved.#

ARTICLE VII. - MECHANICAL CODE#

Sec. 22-151. - International Mechanical Code.#

The International Mechanical Code, 2021 edition, a copy of which is on file in the office of the city secretary is hereby adopted as the mechanical code of the city, said adoption being inclusive of appendices listed: (1)

Appendix A, Chimney Connector Pass-Throughs

(Ord. No. 2025-07, § 9, 2-11-25)

Editor's note— Ord. No. 2025-07, § 9, adopted Feb. 11 2025, repealed the former § 22-151, and enacted a new § 22-151 as set out herein. The former § 22-151 pertained to International Mechanical Code, 2015 edition and derived from the 1979 Code, ch. 3, § 9; Ord. No. 84-12, § 1, adopted June 12, 1984; Ord. No. 85-26, ch. 3, § 9, adopted Aug. 27, 1985; Ord. No. 88-18, ch. 3, § 9, adopted Nov. 8, 1988; Ord. No. 95-5, § 1, adopted Feb. 14, 1995; Ord. No. 98-16, § 5, adopted Nov. 12, 1998; Ord. No. 2001-26, § 5, adopted Dec. 11, 2001; Ord. No. 2003-17, § 5, adopted Oct. 21, 2003; Ord. No. 2009-28, § 1, adopted Nov. 24, 2009; Ord. No. 2017-14, § 2, adopted July 14, 2017.

Sec. 22-152. - Mechanical permit fee.#

Table 1-A of the Uniform Mechanical Code entitled "Mechanical Permit Fees" is hereby replaced by article XI (entitled "Fee Schedule") Table Three (entitled "Mechanical Permit Fees").

(Ord. No. 86-18, § 1, 9-9-86; Ord. No. 2001-26, § 6, 12-11-01; Ord. No. 2003-17, § 6, 10-21-03; Ord. No. 2021-24, § 4, 7-27-21)

Sec. 22-153. - Penalty for violation of article.#

Whenever in the mechanical code or in any ordinance of the city amending such code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such code or ordinance the doing of an act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of such code or any such ordinance shall be punished by a fine of not exceeding $500.00; provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each day any violation of this mechanical code or of any ordinance shall continue, shall constitute a separate offense.

Any person who shall violate any of the provisions of this article, or shall fail to comply herewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $2,000.00. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.

(Ord. No. 95-5, § 2, 2-14-95; Ord. No. 2001-26, § 15, 12-11-2001)

Sec. 22-154. - Amendments to the International Mechanical Code.#

(a)

Section 101.1 "Title." Insert "The City of Burnet, Texas."

(b)

Section 103.1 "Creation of Agency." Insert: "Building Department"

(c)

Section 106.3 "Application for permit." Add the following: "If a building owner is claiming an exemption under state law because he or she is planning to do the work him or herself, then the owner shall provide proof to the building department that he or she owns the building as his or her homestead."

(d)

Section 109.5.1 "Re-inspection." Add new section to read as follows: "Where any work or installation does not pass any inspection, the necessary corrections shall be made to achieve compliance with this code. The work or installation shall then be re-submitted to the Building Official for re-inspection. A fee shall be paid to the city for each re-inspection."

(Ord. No. 2025-07, § 10 (Exh. E), 2-11-25)

Secs. 22-155—22-159. - Reserved.#

ARTICLE VIII. - MISCELLANEOUS CODES#

Sec. 22-160. - International Fire Code.#

The International Fire Code is adopted and codified in chapter 46, article II of this Code.

(Ord. No. 2024-19, § 1, 8-13-24)

Editor's note— Ord. No. 2024-19, § 1, adopted Aug. 13, 2024, renumbered the former § 22-160 as § 46-26 and enacted a new § 22-160 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

Sec. 22-161. - International Fuel Gas Code.#

(a)

The International Fuel Gas Code, 2021 edition, a copy of which is on file in the office of the city secretary is hereby adopted as the fuel gas code of the city, said adoption being inclusive of appendices listed:

(1)

Appendix A (IFGS), Sizing and Capacities of Gas Piping

(2)

Appendix B (IFGS), Sizing of Venting Systems Serving Appliances

(3)

Appendix C (IFGS), Exit Terminals

(4)

Appendix D (IFGS), Recommended Procedure for Safety Inspection of an Existing Appliance Installation

(Ord. No. 2025-07, § 11, 2-11-25)

Editor's note— Ord. No. 2025-07, § 11, adopted Feb. 11 2025, repealed the former § 22-161, and enacted a new § 22-161 as set out herein. The former § 22-161 pertained to International Fuel Gas Code, 2015 edition and derived from Ord. No. 2001-26, § 7, adopted Dec. 11, 2001; Ord. No. 2003-17, § 7, adopted Oct. 21, 2003; Ord. No. 2009-25, § 1, adopted Nov. 24, 2009; Ord. No. 2017-14, § 2, adopted July 14, 2017.

Sec. 22-162. - International Energy Conservation Code.#

(a)

The International Energy Conservation Code, 2021 edition, a copy of which is on file in the office of the city secretary is hereby adopted as the energy conservation code of the city.

(Ord. No. 2025-07, § 13, 2-11-25)

Editor's note— Ord. No. 2025-07, § 13, adopted Feb. 11 2025, repealed the former § 22-162, and enacted a new § 22-162 as set out herein. The former § 22-162 pertained to International Energy Conservation Code, 2015 edition and derived from Ord. No. 2001-26, § 7, adopted Dec. 11, 2001; Ord. No. 2003-17, § 7, adopted Oct. 21, 2003; Ord. No. 2009-22, § 1, adopted Nov. 24, 2009; Ord. No. 2017-14, § 2, adopted July 14, 2017.

Sec. 22-163. - International Property Maintenance Code.#

(a)

The International Property Maintenance Code, 2021 edition, a copy of which is on file in the office of the city secretary is hereby adopted as the property maintenance code of the city.

(Ord. No. 2025-07, § 15, 2-11-25)

Editor's note— Ord. No. 2025-07, § 15, adopted Feb. 11 2025, repealed the former § 22-163, and enacted a new § 22-163 as set out herein. The former § 22-163 pertained to similar subject matter and derived from Ord. No. 2001-26, § 7, adopted Dec. 11, 2001; Ord. No. 2003-17, § 7, adopted Oct. 21, 2003; Ord. No. 2005-17, § 2, adopted Sept. 6, 2005; Ord. No. 2009-30, § 1, adopted Nov. 24, 2009; Ord. No. 2017-14, § 2, adopted July 14, 2017.

Sec. 22-164. - NFPA Life Safety Code, 2015 edition.#

The NFPA 101, Life Safety Code, 2015 edition, a copy of which is on file in the office of the city secretary is hereby adopted as the life safety code of the city.

(Ord. No. 2001-26, § 7, 12-11-01; Ord. No. 2003-17, § 7, 10-21-03; Ord. No. 2009-21, § 1, 11-24-09; Ord. No. 2017-14, § 2, 7-14-17)

Sec. 22-165. - International Swimming Pool and Spa Code.#

(a)

The International Swimming Pool and Spa Code, 2021 edition, a copy of which is on file in the office of the city secretary is hereby adopted as the swimming pool and spa code of the city.

(Ord. No. 2025-07, § 17, 2-11-25)

Sec. 22-166. - Amendments to the International Fuel Gas Code.#

(a)

Section 101.1 "Title." Insert "The City of Burnet, Texas."

(b)

Section 103.1 "Creation of Agency." Insert: "Building Department"

(c)

Section 106.3 "Application for permit." Add the following: "If a building owner is claiming an exemption under state law because he or she is planning to do the work him or herself, then the owner shall provide proof to the building department that he or she owns the building as his or her homestead."

(d)

Section 109.5.1 "Re-inspection." Add new section to read as follows: "Where any work or installation does not pass any inspection, the necessary corrections shall be made to achieve compliance with this code. The work or installation shall then be re-submitted to the Building Official for re-inspection. A fee shall be paid to the city for each re-inspection."

(e)

Section 406.4.2 "Test Duration." Amend to read as follows: "Test duration shall be not less than fifteen (15) minutes. For larger piping systems, the code official may require a longer test duration, not to exceed 24 hours."

(f)

Section 621.2 "Prohibited use." Add the following exception: "Exception: Existing approved unvented heaters may continue to be used in dwelling units, in accordance with the code provisions in effect when installed, when approved by the Code Official unless an unsafe condition is determined to exist as described in 108.7."

(Ord. No. 2025-07, § 12 (Exh. F), 2-11-25)

Sec. 22-167. - Amendments to the International Energy Conservation Code.#

(a)

Section C101.1 'Title." Insert 'The City of Burnet, Texas."

(b)

Section C105.6 "Re-inspection and testing." Amend to read as follows: "Where any work or installation does not pass an inspection, the necessary corrections shall be made to achieve compliance with this code. The work or installation shall then be resubmitted to the code official for re-inspection. A fee shall be paid to the city for each re-inspection."

(c)

Section R101.1 "Title." Insert "The City of Burnet, Texas."

(d)

Section R105.6 "Re-inspection and testing." Amend to read as follows: "Where any work or installation does not pass an inspection, the necessary corrections shall be made to achieve compliance with this code. The work or installation shall then be resubmitted to the code official for re-inspection. A fee shall be paid to the city for each re-inspection."

(e)

Table R301.1 "Climate Zones, Moisture Regimes, and Warm Humid Designation by State, County and Territory" is amended to designate Burnet County, Texas as Climate Zone 2A.

(Ord. No. 2025-07, § 14 (Exh. G), 2-11-25; Ord. No. 2026-09, § 2, 3-24-26)

Sec. 22-168. - Amendments to the International Property Maintenance Code.#

(a)

Section 101.1 "Title." Insert 'The City of Burnet, Texas."

(b)

Section 103.1 "Creation of Agency." Insert "Building Department"

(c)

Section 302.4 "Weeds" Insert "Twelve (12) Inches"

(d)

Section 302.10 "Fences" New section added to read as follows: "All fences shall be maintained reasonably plumb and structurally sound; each structural and decorative member of a fence shall be free of deterioration and be compatible in size, material, and appearance with the remainder of the fence. A fence that has deteriorated to a condition that is likely to fall shall be repaired or replaced."

(e)

Section 304.14 "Insect screens." Insert "January 1 to December 31"

(f)

Section 602.3 "Heat supply." Amend to read as follows: "Every owner and operator of any building who rents, leases, or sublets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 65° F (18° C) in all habitable rooms, bathrooms, and toilet rooms.

(g)

Section 602.4 "Occupiable work spaces." Amend to read as follows: "Indoor work spaces that may be occupied shall be supplied with heat to maintain a temperature of not less than 65° F (18° C) during the period that the space is occupied." [Exceptions to remain as written.]

(Ord. No. 2025-07, § 16 (Exh. H), 2-11-25)

Sec. 22-169. - Amendments to the International Swimming Pool And Spa Code.#

(a)

Section 101.1 "Title." Insert "The City of Burnet, Texas."

(b)

Section 103.1 "Creation of Agency." Insert "Building Department"

(Ord. No. 2025-07, § 18( Exh. I), 2-11-25)

Secs. 22-170—22-175. - Reserved.#

ARTICLE IX. - ELECTRICAL CODE#

DIVISION 1. - GENERALLY#

Sec. 22-176. - Scope of article.#

(a)

The object of this article is to reduce the personal hazard and the fire hazard from electrical causes. To accomplish this, the requirements set forth in this article are intended to provide a minimum standard for electrical work in the city.

(b)

The provisions of this article shall not be construed to apply to the installation, operation, alteration, or repairs of electrical installations or equipment owned and used by an electric light and power company, telephone and/or telegraph company, or railroad company for generation, transmission, distribution, or metering of electricity, or for the operation of signals or the transmission of intelligence.

(Code 1979, ch. 3, § 6(C)(2), (3))

Sec. 22-177. - Reserved.#

Editor's note— Ord. No. 2017-14, § 2, adopted July 14, 2017, repealed § 22-177 in its entirety. Former § 22-177 pertained to "Definitions," was derived from Code 1979, ch. 3, § 6(B)(1), (3)—(14) and Ord. No. 2008-25, § 1, adopted October 28, 2008.

Sec. 22-178. - National Electrical Code.#

(a)

The National Electrical Code, 2023 edition, a copy of which is on file in the office of the city secretary, is hereby adopted as the electrical code of the city.

(Ord. No. 2025-07, § 19, 2-11-25)

Editor's note— Ord. No. 2025-07, § 19, adopted Feb. 11 2025, repealed the former § 22-178, and enacted a new § 22-178 as set out herein. The former § 22-178 pertained to National Electrical Code, 2014 edition and derived from the 1979 Code, ch. 3, § 6; Ord. No. 87-7, ch. 3, § 6, adopted Apr. 14, 1987; Ord. No. 95-6, ch. 3, § 6, adopted Feb. 14, 1995; Ord. No. 98-16, § 6, adopted Nov. 12, 1998; Ord. No. 2003-11, § 1, adopted Aug. 5, 2003; Ord. No. 2008-25, § 2, adopted Oct. 28, 2008; Ord. No. 2017-14, § 2, adopted July 14, 2017.

Sec. 22-179. - Penalty for violation of article.#

Whenever in the electrical code or in any ordinance of the city amending such code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such code or ordinance the doing of an act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of such code or any such ordinance shall be punished by a fine of not exceeding $500.00; provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each day any violation of this electrical code or of any ordinance shall continue, shall constitute a separate offense.

Any person who shall violate any of the provisions of this article, or shall fail to comply herewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine not to exceed the sum of $2,000.00. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.

(Ord. No. 95-6, ch. 3, § 6, 2-14-95; Ord. No. 2001-26, § 15, 12-11-01)

Secs. 22-180—22-186. - Reserved.#

Editor's note— Ord. No. 2008-25, § 3, adopted Oct. 28, 2008, repealed §§ 22-180—22-186, which pertained to the electrical board, electrical inspectors, master and journeyman electricians, electrical signs, special licenses, electrical permits, and inspections, respectively and derived from Code 1979, ch. 3, § 6(1)—(13), (15)—(19), § 6(D), § 6(E)(1)—(6), (8), § 6(I)(1), (3), § 6(K), § 6(L); Ord. No. 85-1, ch. 3, § 6, 1-22-85; Ord. No. 98-2, §§ 2, 3, 2-10-98.

Sec. 22-187. - Fees and reinspection.#

(a)

Required under certain conditions. The fees listed in this section shall be paid to the city for any electrical work done in the city for which a permit is issued, or is required by this article.

(b)

Schedule of fees. All fees shall be paid to the city by each person doing any electrical work for which such fees are required in subsection (a) of this section. The permit and inspection fees provided in this subsection shall be paid to the city before the issuance of a permit and before any work is started. The fees shall be as stated in article XI (entitled "Fee Schedule") Table Four (entitled "Fire Code Permit Fee Schedule").

(c)

Provision of utility services; requirements. The building inspector will not make the final inspection until all required fees have been paid. No utility services, other than temporary services for construction, will be provided by the city until the final inspection has been made and the work approved by the city inspector.

(d)

Other fees. When fees are not set up in this section the electrical inspector shall set fees that are consistent with fees named in subsection (b) of this section. Inspection fees are subject to change by the council at any time.

(e)

Reinspections. When any electrical work, as covered by this article, is reported to the electrical inspector as ready for inspection, and, upon such inspection, the electrical work does not meet the requirements of this article, the permit electrician shall be notified of the defects. After correcting the defects, he shall call for a reinspection and be charged a reinspection fee, as provided for in subsection (b) of this section.

(f)

Payment of fees. Unless otherwise stated in this article, all fees shall be delivered to the city, and all fees shall be payable during regular business hours at the office of the building official at the city municipal building. All accounting and records concerning finances covered by this article shall be under the supervision and control of the city manager.

(Code 1979, ch. 3, § 6(M); Ord. No. 85-2, ch. 3, § 6, 1-22-85; Ord. No. 86-18, § 1, 9-9-86; Ord. No. 93-11, ch. 3, § 6, 8-31-93; Ord. No. 2003-17, § 8, 10-21-03; Ord. No. 2021-24, § 8, 7-27-21)

Secs. 22-188—22-200. - Reserved.#

DIVISION 2. - ELECTRICAL STANDARDS#

Sec. 22-201. - Safety and inspection standards.#

(a)

Electrical work to conform with standards. No electrical work in the city shall be approved unless the electrical work is in conformity with this article and the laws of the state, and unless such electrical work is in conformity with the approved methods of construction for the safety of life and property. When not specifically covered by this article, the regulations as prescribed by the National Electrical Code shall be prima facie evidence of such approved methods, provided that the provisions of this article shall prevail over the National Electrical Code in case of conflicting provisions.

(b)

Electrical installations. All electrical work as covered by this article shall be installed in a safe and secure manner with materials of such kind, quality, and capacity as will maintain satisfactory and economical service to both the service and consuming parties. No electrical materials, devices, or appliances shall be used or installed in the city unless such materials, devices, and appliances are in conformity with the provisions of this article and the laws of the state, and unless same are in conformity with the approved methods of construction for safety to life and property. Unless otherwise covered by this article, conformity of electrical materials, devices, and appliances with the Standards of Underwriters' Laboratories, Inc., as approved by the American Standards Association, and other standards approved by the American Standards Association shall be prima facie evidence that such electrical materials, devices, and appliances comply with the requirements of this article.

(Code 1979, ch. 3, § 6(F))

Sec. 22-202. - Reserved.#

Editor's note— Ord. No. 2017-14, § 2, adopted July 14, 2017, repealed § 22-202 in its entirety. Former § 22-202 pertained to "Wiring and other specifications," was derived from Code 1979, ch. 3, § 6(N).

Sec. 22-203. - Connection permit from city required.#

Electrical light and power companies furnishing electricity to consumers within the corporate limits of the city shall desist and refrain from connecting any vacant commercial building within the corporate limits of the city with electricity until the electric light and power company has received a permit from the city electrical inspector authorizing such company to connect any such commercial building with electrical power.

(Code 1979, ch. 3, § 6(W))

Secs. 22-204—22-231. - Reserved.#

ARTICLE X. - RESERVED#

Footnotes:

--- (5) --- Editor's note— Ord. No. 2023-18, § 1, adopted June 27, 2023, repealed art. X, §§ 22-232—22-251 and enacted a new ch. 122, art. X as set out herein. Former art. X pertained to the historical preservation code and derived from (Ord. No. 2016-19, § 2, adopted August 9, 2016.

Secs. 22-232—22-260. - Reserved.#

ARTICLE XI. - FEE SCHEDULE.#

Sec. 22-261. - Fee schedule.#

This article establishes fees for permits, inspections and other services provided by the city under this chapter. Unless a fee is specified elsewhere in this chapter, all permit fees required under articles I through X of this chapter are due and payable with an application for a permit and are as follows:

Table One—Building Permit Fees Single-family $0.08 per square foot

Apartments and duplexes 0.08 per square foot

Commercial and institutional 0.08 per square foot

Additions, remodeling, etc. 0.08 per square foot

Minimum of 25.00

Demolition 50.00

House moving 100.00 plus any additional costs incurred by the police department and/or the utility department

Storage sheds in excess of 120 square feet 15.00

Reinspection 35.00

Plan review—Bldg. Dept. 100.00 each review

Plan review—Fire Marshal 100.00 each review

Table Two—Plumbing Permit Fee Schedule New Construction

Single-family residence $0.08 per square foot

Apartments and duplexes 0.08 per square foot

Commercial and institutional 0.08 per square foot

Repair and Additions

Basic permit $25.00 plus items below

Fixture, each 2.50

Sewer yard line 2.50

Gas yard line 2.50

Water heater 2.50

Gas piping system 5.50 plus $0.50 each outlet over five

Lawn sprinkler system 5.00 plus $0.50 each outlet over five

Swimming pool 10.00

Reinspections 35.00

Table Three—Mechanical Permit Fees Single-family, duplex and apartments $40.00 per unit

Commercial and institutional 40.00 per unit

All other types of mechanical equipment regulated by this Code 10.00 per unit

Reinspection 35.00 per unit

Table Four—Fire Code Permit Fees The following are the plan review, inspection and general fire safety fees charged by the City of Burnet Fire Marshal's Office.

Taxing Entities (ISD's, County, State or Federal) are charged full price for review fees but given a 50% reduction in first round inspection fees. Any re-inspections are subject to the full prices included herein.

PLAN REVIEW FEES

Construction Permit w/plan review—up to 5000 square feet $150.00

Construction Permit w/plan review—> 5000 square feet $150.00

+$0.05 sq. ft.

Construction Permit w/plan review; maximum fee $1,000.00

Fire Sprinkler System—1-10 heads $50.00

Fire Sprinkler System—11-25 heads $100.00

Fire Sprinkler System—26-100 heads $150.00

Fire Sprinkler System—101-200 heads $200.00

Fire Sprinkler System—each additional head >200 $200.00

+ .50 ea

Underground Fire Main—when separate from the Sprinkler System $200.00

Fire Pump—per pump $200.00

Standpipe (Stand Alone) per system $200.00

NFPA 22 Water Supply Tank—per tank (unless same specification) $200.00

Fixed Fire Suppression System—Per system $150.00

Fire Alarm System—1-10 devices $100.00

Fire Alarm System—11-25 devices $150.00

Fire Alarm System—26-100 devices $200.00

Fire Alarm System—101-200 devices $250.00

Fire Alarm System—each additional devices >200 $250.00

+ .50 ea

Commercial Hood Suppression System $150.00

Smoke Control System—Per system $150.00

Petroleum—Above Ground Storage Tank $150.00

+$50.00 each additional

Petroleum—dispensary piping $150.00

Petroleum—Underground tank and delivery system—per system $300

INSPECTIONS**

Building Inspections

Final Inspection/Construction Certificate of Occupancy (CCO) Construction $100.00

Inspection—Business Certificate of Occupancy $50.00

Building Inspection $50.00

Change of Occupancy Type or Occupancy Load $25.00

Licensing Inspections

License Inspections—Private School/Day Care—25 or less $50.00

License Inspections—Private School/Day Care—26 to 100 $100.00

License Inspections—Private School/Day Care—101 and greater $200.00

License Inspections—Nursing or Assisted Living $150.00

License Inspections—Hospitals $200.00

License Inspections—Private Institutional—Restrained $200.00

License Inspections—Licensed Group Home $75.00

License Inspections—Foster Adoption 501C3 and/or Taxing Entities No Charge

Fire Systems Inspections

Fire Sprinkler System—Visual or Final—1 to 10 heads ** $50.00

Fire Sprinkler System—11 to 25 heads ** $100.00

Fire Sprinkler System—26-100 heads ** $200.00

Fire Sprinkler System—101-200 heads ** $250.00

Fire Sprinkler system—each additional head > 200 ** $250.00

+ $.50 ea device >200

Underground Fire Protection ** $50.00

Underground Fire Main Inspection ** $50.00

Sprinkler System Pressure Test ** $25.00

Fire Pump—per pump ** $200.00

Standpipe—per system ** $200.00

Water Supply Tank—per system ** $100.00

Fixed Fire Suppression System—Per system ** $50.00

Commercial Cooking Hood Inspection (Light or Smoke test) $50.00

Commercial Cooking Hood Suppression System Inspection $50.00

Fire Alarm System—1-10 initiating and/or signaling devices ** $100.00

Fire Alarm System—11-25 initiating and/or signaling devices ** $150.00

Fire Alarm System—26-100 initiating and/or signaling devices ** $200.00

Fire Alarm System—101—200 initiating or signaling devices ** $250.00

Fire Alarm System—> 200 initiating or signaling devices ** $250

+ $.50 ea device >200.00

Smoke Control System—Per system ** $50.00

Petroleum—Above Ground Storage Tank $150.00

+$ 50.00 each additional

Petroleum—dispensary piping $50.00

Underground Petroleum Liquid Tank—Per system ** $100.00

** All failed inspections are subject to reinspection fees at the following rates:

1 st re-inspection, same as initial inspection fee. 2 nd x2. 3 rd x3 etc. GENERAL FIRE SAFETY PERMITS

Tents and Membrane Structures—400 to 600 square feet $50.00

Tents and Membrane Structures—601 to 1000 square feet $75.00

Tents and Membrane Structures—1001 square feet and over $100.00

Fireworks—Display—Single shoot date $100.00

Fireworks—Display—each additional consecutive shoot date per day $50.00

Blasting for Excavation—Application (non-refundable) $50.00

Blasting for Excavation—Permit $100.00

Outdoor Burning—Single Property $20.00

Outdoor Burning—HOA, POA, Subdivision $40.00

Outdoor Burning—Multi Acre Residential or Commercial development (Land Clearing) 2-10 Acres $200.00

Outdoor Burning—Multi Acre Residential or Commercial development (Land Clearing) >10 Acres $200.00

+$20.00 per acre net clearing

Mobile Food Units $50.00

Operational Permit—listed in Section 105.6 of the IFC $100.00

Mass Gathering $100.00

Special Permit—Other required permits not listed $50.00

OTHER FEES/PENALTIES

Late Fee on submittals with a minimum deadline $25.00 each

Construction without permit Fees 3x permit fees

Fire Code Violations—Per offense/per day—Class C misdemeanor $100.00—$2,000.00

Fire Code Violations—Per day—Civil $200.00

Table Five—Outdoor Burning Fireworks Fees

The fee for issued permits for the conducting of approved outdoor burning is subject to the following information: 1.

Established residential or vacant lots: $20.00 for 30 calendar days

2.

HOA, POA, of established subdivision community lot: $40.00 for 30 calendar days

3.

Commercial or residential development property under developer control: $150 for 30 calendar days

4.

Exception: Extensions may be granted if the time period was shortened due to weather conditions, state or county issued burn bans, extended red flag warnings or any other reasonable situation as determined by the fire marshal.

The fireworks application fee is $100.00.

Table Six—Electrical Permit Fees New Construction

Single-family residence $0.08 per square foot

Apartments and duplexes 0.08 per square foot

Commercial and institutional 0.08 per square foot plus $50.00 for service over 200 amp, plus $20.00 per feeder panel

Remodeling and Additions

Basic permit $25.00 plus items listed below

Feeder panels 20.00

Electric outlets and fixtures 0.20 each

Service size

100 amp $30.00

200 amp 30.00

300 amp 45.00

400 amp 60.00

Other Electrical Charges

Construction meter loop $15.00

Mobile home hookup 10.00

Swimming pool 10.00

Reinspection 35.00

(Ord. No. 2021-24, § 8, 7-27-21; Ord. No. 2022-29, § 1(Att.), 5-10-22)