Article 1. Fire Limits; Construction Therein
Section 3-1. Fire limits.
The following shall be and are hereby declared to be the primary fire limits:
Beginning at the northwest corner of Block No. 15, Original
Town of White Deer, Carson County, Texas;
Thence, easterly along the northerly line of Blocks Nos. 15
and 16 to the northeast corner of Block No. 16;
Thence, southerly along the easterly line of Blocks Nos. 16
and 25 to the southeast corner of Block No. 25;
Thence, westerly along the southerly line of Blocks Nos. 25
and 26 to the southwest corner of Block No. 26;
Thence, northerly along the westerly line of Blocks Nos. 26
and 15 to the place of beginning. (Ordinance of 7-12-65, § 1.)
Section 3-2. Permits and inspections.
(a) No person shall erect, construct or add any building or structure without first applying and obtaining a permit from the City Secretary. No person shall be issued unless the application is in conformity with the requirement of the International Residential Code.
Permits shall be required for the following activities:
(b) New home construction;
(c) Remodeling of existing home or commercial building if either the exterior wall or the interior walls are to be altered in any manner;
(d) Permanent fences over three feet in height and are to remain for more than six months or that are permanently attached to the ground surface;
(e) Construction of any outbuilding or accessory building of more that 120 square feet;
(f) Any item not specifically mentioned that is regulated by the International Residential Code.
(g) No walls, structure, building, or part thereof, shall hereafter be built, enlarged, or altered; until a plan of the proposed work, together with a statement of materials to be used, shall have been submitted to the City Secretary, who shall, if in accordance with the provisions herein contained, issue a written permit in triplicate for the proposed work. Permits to be kept on file with the City Secretary.
(h) Structures hereafter erected without a permit, but in conformity with all other City codes, shall be subject to a $100.00 fine and those not in conformity with this article or other building and zoning codes shall be removed at owners expense.
(i) No building shall be moved from without to within the fire limits, nor from one location to another within the fire limits until a permit shall have been issued there of. No permit shall be issued unless such construction is in accordance with this article.
(j) The designated Building Inspector shall inspect, as often as practical, construction in progress to see that all provisions of this article are being complied with.
(k) All plans and specifications submitted to the Building Inspector shall comply with all City Codes of the City of White Deer, Texas, and with Article 3271A of the Revised Civil Statutes of the State of Texas. (Ordinance 7-12-65, § 2 and Ordinance 14-90, 2-8-2005.)
Section 3-3. Construction required within the fire limits.
(a) In the primary fire limits, no building or structure of wooden, ironclad (whether on wood or metal supports), stucco, or veneer-type construction, or any building whose walls contain wood supports, shall be permitted except as indicated in section 3-4. No building shall be built, enlarged, or altered hereafter except in accordance with this article.
(b) The thickness of walls shall not be less than as given below:
- Brick or other solid masonry walls shall not be less than 12 inches thick for the uppermost 35 feet of their height, and shall be increased 4 inches for each successive 35 feet or fraction thereof measured downward from the top of the wall with the following exceptions:
- Small one-story buildings not exceeding 750 square feet in floor area may be 8 inches in thickness.
- Buildings 9,000 square feet or less in area, not exceeding 12 feet in height and with roof construction imparting no lateral (outward) thrust, may be 8 inches in thickness.
- Reinforced concrete walls may be ¾ the thickness of brick walls, but in no case less than 8 inches.
- Hollow masonry walls shall be not less than the thickness required for solid masonry walls.
- Filler walls of brick or hollow masonry may be a minimum of 8 inches, provided such walls are supported on reinforced concrete beams and footings and by adequate reinforced concrete or brick columns spaced not more than 16 feet, Article
- Solid stonewalls shall be 4 inches thicker than brick walls for like construction. All exterior walls (except street side), party walls, and division fire walls shall have parapets extending at least 18 inches above the roof; and the parapets shall be at least 12 inches thick, except where 8-inch walls are permitted as above, in which case parapets may be 8 inches thick. (Ordinance 7-12-65, § 3.)
Section 3-4. Frame building in fire limits.
The following frame structures are permissible in the fire limits:
(a) Temporary one-story frame buildings for the use of builders.
(b) Wooden fences not over 8 feet high, without roof or cover. (Ordinance 7-12-65, § 4.)
Section 3-5. Reserved for future use.
Section 3-6. Repairs and additions.
(a) Any existing building within the fire limits which hereafter may be damaged by fire, decay, or otherwise, to an amount greater than 50% of its present value, exclusive of the foundation, shall not be repaired or rebuilt, but shall be removed.
(b) Extensions, remodeling, or additions to existing buildings shall not be considered as repairs, and shall not be permitted except when conforming to section 3-3 of this article. (Ordinance 7-12-65, § 6.)
Section 3-7. Arbitration.
(a) Whenever an application for permit to repair any existing building already located within the fire limits is made by any person or firm, and the City Council and the applicant disagree on the extent of repairs to be made, and a permit is denied by the Building Inspector, then the City Council shall appoint an engineer, and the applicant shall appoint a competent and disinterested person, and the two persons so appointed shall select a third member; and these three persons shall appraise the building, examine the plans of the proposed work, and the statement of materials and labor to be used in repairing or rebuilding the building, and make a signed written report of their findings to the City Council. If such report reflects clearly that the rebuilding or repairing would be a violation of this article, then such application for permit shall be denied by the City Council; but if such report reflects that the person seeking the permit has complied with this article, and the requested rebuilding or repairing is not in violation of this article, then the City Council shall issue a permit for the proposed building or repairing. (Ordinance 7-12-65, § 7.)
Section 3-8. Fees.
The following permit fees shall be paid to the City of White Deer, Texas, as specified in the official fee schedule.
Section 3-9. Penalty.
(a) Any person who shall violate any of the provisions of this article, or shall fail to comply therewith or with any-of the requirements thereof, shall be deemed guilty of a misdemeanor, and shall be liable to a fine, and upon conviction of any such violation shall be fined the maximum amount established by State Law for a Class C misdemeanor; and each day any such violation shall be permitted to exist shall constitute a separate and distinct offense. (Ordinance 7-1265, § 10.)
Section 3-10 Plumbing Requirements.
(a) All plumbing work done within the City of White Deer must be performed by a licensed plumber who is licensed by the State of Texas, unless such work is expressly accepted from such requirement by State law.
(b) All plumbing work performed in the City of White Deer, whether done by a licensed plumber or performed without license under an exception, shall be subject to inspection by the authorized licensed plumbing inspector.
(c) Plumbing work performed in violation of the provisions hereof, or plumbing work, which fails to meet minimum standards for safety and sanitation, as provided by State law, is hereby declared to be non-conforming and illegal.
(d) Non-conforming and illegal plumbing work shall not be permitted to be connected to the city water system or the city sanitary sewer system; provided however, that if such non-conforming or illegal installations are repaired, replaced or conformed so as to eliminate any health or sanitation hazard, to the satisfaction of the licensed plumbing inspector, same may be permitted to be connected to the water and/or sewer system.
(e) Lead service lines, lead taps, interior plumbing or copper pipe with lead solder joints or fittings are prohibited in the City of White Deer, Texas.
(f) It is an offense to practice the business or profession of plumber in this city without a license by the State of Texas.
(g) Failure or refusal of any person to abide by the provisions of article shall be a misdemeanor offense and upon conviction shall be fined in an amount not to exceed the maximum amount as established by State law.
Section 3-11 International Residential Code
The International Residential Code, 2000 Edition, is the official and adopted building, plumbing and electrical code for the City of White Deer and its terms and provisions shall govern all relevant activities. A complete copy of the International Residential Code is on file at City Hall. (Ordinance 14-90, 2-8-2005 and amended by this code.)