§ 5-2. General exceptions and amendments applicable to all technical codes.

[General exceptions and amendments:]

(1)

In all code editions, the "name of jurisdiction" where mentioned, shall mean the City of Gainesville, Texas.

(2)

All references in the technical codes to flood-related issues shall also include reference to the City of Gainesville Flood Control Ordinance.

(3)

All references to "board of appeals" shall mean the City of Gainesville Board of Appeals and their adopted regulations.

(4)

All references to the "department of building safety" and various other types of inspection agencies shall mean the City of Gainesville Community Services Department.

(5)

Where used, the term "code official" or similar related titles, shall mean the community services director or his appointed representatives.

(6)

Where used, the term fire "official" shall mean the fire marshal or his appointed representatives.

(7)

Decisions and interpretations of code issues by the code official or fire official are final unless otherwise provided as part of the Board of Appeals process.

(8)

Where mentioned, the phrases "permit fees," "permit schedule" or similar terms shall refer to the City of Gainesville Fee Schedule. The city council shall, by resolution, establish a schedule of fees for permits, certificates of occupancy, zoning change requests, plat review and recording Board of Appeals, Building Standards Commission, and Planning and Zoning and for other matters pertaining to this article and a collection procedure for the administration thereof.

(9)

Once permit applications are approved and signed by the Building Official or his representative, a permit shall be issued and signed by the applicant.

(10)

No permits for new buildings, structures or developments shall be issued until the stormwater drainage plan and calculations have been reviewed and approved by city staff.

(11)

No permits shall be issued for new construction or remodeling work of a commercial structure that involves the demolition of walls, removal of sheetrock, floor tile or other building components until an asbestos survey/inspection is done in accordance with state law. A copy of the inspection must be presented to obtain a permit. If asbestos containing materials are found, a copy of the report covering the abatement of the materials must also be presented before a permit can be issued.

(12)

Where "refund policy" is mentioned in the various codes, it shall refer to the City of Gainesville refund policy which allows, when requested in writing and approved within the first week of a permit being issued, a full refund to be granted. From one (1) week to thirty (30) days, half of the permit fee may be refunded. After thirty (30) days, no refund will be given. However, a refund may be considered for approval only if no work or construction of any kind has been started on the project. No refunds will be issued for fees associated with third party reviews and/or inspections.

(13)

Permits are not transferable from one (1) person or contractor to another.

(14)

Any condition or nonconformance that escapes the notice of the inspector during the course of normal inspections is still the responsibility of the contractor or owner to correct.

(15)

All references in the technical codes that refer to accessibility or ADA issues shall use the State of Texas Architectural Barrier Standards when the state standard is more restrictive.

(16)

Notices or citations sent by certified mail that have return receipts stamped unclaimed or undeliverable shall be deemed to have been delivered.

(17)

Citations may be issued for violations of the provisions of all adopted and amended technical codes. The maximum fine per violation is two-thousand dollars ($2,000.00) per day, with each day that the violation exists or continues being a separate violation.

(18)

All general contractors, contractors of major trades and contractors with state licenses shall register with the city prior to starting any work in the city. A copy of their liability insurance or a surety bond in the amount of one million dollars ($1,000,000) per occurrence is required.

(19)

Wood shingles and shakes are not permitted in the City of Gainesville.

(20)

Before any water, gas or electric service is extended to any new construction, the requisite permit shall first have been paid for and obtained from the city.

(21)

All new subdivisions shall have underground electric services to structures.

(22)

Permits for accessory buildings will be granted only for premises where a primary structure already exists.

(23)

All single-family dwellings hereinafter constructed shall be provided with off-street parking space for two (2) automobiles at the time of original construction. These spaces shall not be single row spaces, and designed such that no portion of either vehicle encroaches into the minimum area reserved for front, rear and side. For drives fifty-five (55) feet or less in length from the property line to the home, the drives must be concrete or asphalt. For properties with drives longer than fifty-five (55) feet from the property line to the home, the drive approach plus ten (10) feet past the property line must be concrete or asphalt. The remainder of the drive may be gravel with a minimum of two (2) concrete or asphalt parking spaces at the home.

(24)

Where the owner of an existing dwelling desires to convert garage space into living area, such construction shall conform to the city's building codes. Plans for the conversion shall be submitted as required by the city building official at the time of application for a building permit. Furthermore, parking space must be retained that is adequate for two (2) vehicles, such that no portion of either vehicle encroaches into the minimum area reserved for front, rear and side yards. Finally, no new carport or garage shall be constructed in front of the old garage unless the required setbacks can be met.

(25)

The minimum size for any new residential building shall be one thousand two hundred (1,200) square feet, not including the garage nor uncovered/covered decks and patios.

(26)

The city does not enforce deed restrictions.

(27)

All commercial buildings require an asbestos survey by a state-certified asbestos inspector prior to the issuance of a permit for any type of demolition work. If any asbestos is found, it must be abated prior to the issuance of any demolition permits.

(28)

Foundations and flatwork for a demolished structure or building shall also be demolished at the same time as the demolition of the building and removed from the property.

(29)

References in the various codes to "atmospheric-type vacuum breaker," "pressure-type vacuum breaker" and "reduced pressure principle backflow preventer" for lawn irrigation systems shall be replaced with "double-check backflow preventer assembly."

(30)

Additional foundation requirements.

a.

Whenever a provision of this section or any other provision of this article, or any provision in any other law, ordinance, resolution, rule or regulation of any kind contains any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern. Any provisions of this section that are in conflict with state law shall be governed by the state law to the extent of the conflict only.

b.

For residential accessory structures with foundations, all interior spot piers located above ground shall be constructed of poured concrete tied with a minimum of four (4), ½" steel reinforcing bars centered in the pier. Footings shall be a minimum of eighteen (18) inches deep with a minimum twelve (12) inches of depth in undisturbed soil and ten (10) inches in width with four (4), 5/8" steel reinforcement bars.

c.

All commercial and residential slab foundations shall be engineered other than residential accessory structures. (See (30)(b) above.) Professionally engineered slab design documentation must be submitted prior to permitting, and a letter from the engineer stating that the completed work meets the approved design must be submitted after completion.

d.

The finished floor elevation of foundations not located in flood zones shall be at least twelve (12) inches above the top of curb or edge of street elevation, whichever is higher. In the event that the grading of a lot is not suitable for this rule, an alternate grading plan must be submitted for approval. The alternate plan must include provisions for stormwater drainage. Foundations located in flood zones must comply with the provisions of the City of Gainesville Flood Control Ordinance.

(31)

Contractors shall insure all required setbacks addressed by the City of Gainesville Zoning Ordinance are observed.

(32)

Contractors are responsible for notifying the Community Services Department when they have stages of construction ready for inspection.

(33)

All new swimming pools shall be constructed in accordance with the Virginia Graeme Baker Pool and Spa Act of 2007.

(34)

All fire code amendments shall also apply to the related section of the adopted building code or other referenced code.

(35)

Certificates of occupancy shall not be issued until all deficiencies noted on the inspection forms have been corrected. Deficiencies shall be corrected within two (2) weeks of the date of the inspection. Extensions of time shall be requested in writing giving reasons for the request.

(36)

Certificates of occupancy may be revoked at any time and utilities ordered disconnected by the building official or the fire marshal for nonconformance with city or state codes or ordinances.

(37)

General contractors are responsible for maintaining grass, weeds, trash and other code enforcement-related issues during the course of their projects.

(38)

Real estate agents, property management companies, auction companies and similar entities are responsible for grass, weeds and other code enforcement issues for properties under their control.

(39)

Roofs shall be of one (1) color shingles or other approved roofing material.

(40)

Houses shall not be painted in stripes, checks, swirls or similar types of patterns.

(Ord. No. 1401-12-2016, § 4, 12-20-16)