The following sections of the 2003 International Residential Code are amended to read as follows:

101.1 -- Title: These regulations shall be known as the Building Code of the City of Clovis hereinafter referred to as “this code”.

[EB]r102.7 -- Existing structures: The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, or other codes adopted by the Clovis City Commission or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

R105.2 -- Work exempt from permit:

Building --

Delete IRC 1-9

Insert -- IBC 1-13

1) One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15m²).

2) Oil derricks.

3) Retaining walls which are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or III-A liquids.

4) Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed 2 to 1.

5) Sidewalks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route.

6) Painting, papering, tiling, carpeting, cabinets, counter tops, and similar finish work.

7) Temporary motion picture, television and theater stage sets and scenery.

8) Prefabricated swimming pools accessory to a Group R-3 occupancy, as applicable in Section 101.2, which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18925L) and are installed entirely above ground.

9) Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

10) Swings and other playground equipment accessory to detached one- and two-family dwellings.

11) Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Group R-3, as applicable in Section 101.2, and Group U occupancies.

12) Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

R105.8 -- Responsibility: It shall be the duty of every person who performs work for the installation or repair of building, structure, electrical, gas, mechanical, or plumbing systems, for which this code is applicable, to comply with this code and the New Mexico Construction Industries Licensing Act.

R107.3 -- Temporary Power: The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements or power in the NEC.

R112.1 -- General: In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created an appeals process. The Director of Technical Assistance or the Staff of the ICC Opinion Policy will provide the opinion of the ICC in writing, by telephone, or by E-mail. The final authority of code interpretations is the responsibility of the building official.

R112.2 -- Limitations on authority. The process for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed.

R112.2.1 -- Determination of substantial improvement in areas prone to flooding. When the building official provides a finding required in Section R105.3.1.1, the Building Official shall determine whether the value of the proposed work constitutes a substantial improvement. A substantial improvement means any repair, reconstruction, rehabilitation, addition, or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the building or structure has sustained substantial damage, all repairs are considered substantial improvement regardless of the actual repair work performed. The term does not include:

1. Improvements of a building or structure required to correct existing health, sanitary or safety code violations identified by the building official and which are the minimum necessary to assure safe living conditions; or

2. Any alteration of an historic building or structure. For the purpose of this exclusion, an historic building is:

2.1 Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places; or

2.2 Determined by the Secretary of the U.S. Department of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined to qualify as an historic district; or

2.3 Designated as historic under a state or local historic preservation program that is approved by the Department of Interior.

112.3 -- Delete

112.4 -- Delete

Table R301.2(1) -- to include our Climatic and Geographic Design Criteria

(See attached Exhibit “A”)
(Ord. 1803-2004 §2(B), 2004).