Minutes - 2008 - City Council - 03/31/2008 - Special
EAGLE CITY COUNCIL
Special Meeting Minntes
March 31, 2008
1. CALL TO ORDER: Mayor Bandy calls the meeting to order at 8: IS p.m.
2. ROLL CALL: GUERBER, HUFFAKER, SHOUSHTARlAN, SEMANKO. All present. A
quorum is present.
3. NEW BUSINESS:
A. Plannin!! & Zonin!! Commission aooointments: The Mayor is requesting Council
confirmation of the appointment of Gary Tanner to fill a vacated term. Mr. Tanner's term will
expire in January 2009. The Mayor is also requesting Council confirm the appointment of Derek
Smith to fill a vacated term. Mr. Smith's term will expire in October 20 II. (PB)
Mayor introduces the issue.
Dave Aizpitarte, P&Z Chair: We had a lot of really good candidates. Discussion on the
selection process.
Semanko moves to confirm the appointment of Gary Tanner to fill a vacated term that will
expire in January 2009. Seconded by Huffaker. Discussion. THREE AYES:
SHOUSTARIAN NAY: MOTION CARRIES...............
Further discussion on the appointments.
Guerber moves to confirm the appointment of Derek Smith to fill a vacated term that will
expire in October 2011. Seconded by Huffaker. Discussion. THREE AYES:
SHOUSTARIAN NAY: MOTION CARRIES...............
4. EXECUTIVE SESSION:
A. Threatened & Pending Litigation I.C. 67-2345 (f)
B. Acquisition of Private Property I.C. 67-2345 (c)
Mayor introduces the issue.
City Attorney Buxton: Threatened litigation is Eagle River and acquisition of private property is
Eagle Water Company.
Guerber moves to go into Executive Session for the discussion of the Acquisition of Private
Property I.C. 67-2345 (c) in regards to Eagle Water Company and I.C. 67-2345 (t) pending
litigation in regards to Eagle River. Seconded by Semanko. Guerber: AYE; Huffaker:
AYE: Shoushtarian: AYE: Semanko: AYE: ALL AYES: MOTION
CARRIES..... ......... ........
Council goes into Executive Session at 8:30 p.m.
Council discusses threatened and pending litigation in regards to Eagle River and acquisition of
private property in regards to Eagle Water Company.
Council leaves Executive Session at 10:40 p.m.
5. NEW BUSINESS:
A. Consideration of Local Imorovement District No. 2007-1. created bv Ordinance No.
571. on October 24. 2007.
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Mayor introduces the issue.
Semanko: Three things under this agenda item I would like to talk about.
I previously mentioned that I thought it would be a good idea to have staff or council prepare an
Ordinance repealing Ordinance No. 571. We have had the opportunity to talk about that and we
have that Ordinance tonight. The City Attorney will read the Ordinance.
City Attorney Buxton: It is my understanding that this is the First Reading of Ordinance
No. 601. City Attorney Buxton proceeds with the First Reading of Ordinance No. 601 by
reading Ordinance No. 601 into the record.
General discussion.
Semanko: Idaho Code 50-902 requires ordinances to be read on three different days in order to
be considered for adoption. We are having the first reading tonight to give people the
opportunity to hear the actual Ordinance 601 that is being proposed. It is my intention that we
will be considering this for an up or down vote next week.
The second item I wanted to mention is that given the fact that we are going to be doing this that
there is absolutely no sense in holding the continued hearing on the preliminary assessment roll
next week.
Semanko moves to vacate the preliminary assessment hearing scheduled to be held on April
8,2008. Seconded by Huffaker. ALL AYES: MOTION CARRIES..............
Semanko: The last thing, as I mentioned on March 18th I'm not convinced that it is a bad idea to
buy the water company and I certainly heard a lot of testimony that said it might be a good idea
and so assuming that we have the opportunity to buy it we are endeavoring and working with the
Mayor and other council members to make sure that this is prepared for a Revenue Bond
Election on May 27,2008 and this require the adoption of an ordinance and an notice which the
Mayor indicated that he will have the attorney's working to prepare that ordinance and notice for
again consideration at next week's meeting in conjunction in consideration of Ordinance #60 I. I
don't believe this requires any kind of motion, I just wanted to make people aware that is being
prepared and will be on the agenda for the April 8, 2008 City Council meeting.
The Attorneys are instructed to prepare documents for Council to consider a Revenue Bond on
the April 8, 2008 meeting.
Mayor: The May 27th Election Day falls on one of our regularly schedules Council meeting
days. We can move the meeting to Wednesday or any other day that week or not have a
meeting.
General Council discussion.
Council concurs to continue the May 27,2008 City Council to Thursday, May 29, 2008 and
request that staff notify the Mayor on the Agenda items for May 29,2008 to see if a meeting is
necessary.
6. ADJOURNMENT:
Semanko moves to adjourn. Seconded by Guerber. ALL AYES: MOTION CARRIES...
Hearing no further business, the Council meeting adjourned at 9:50 p.m.
Respectfully submitted:
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SHARON K. BERGMANN
CITY CLERK/TREASURER
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A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY
HALL
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,!'needs to have the following information from staff
in "staff report" to make a comprehensive decision:
1- Historical and background of the site and application including all the
information.
2- Demographic and Population Studies and Findings.
3- Economic Studies: Impact of the propo a development on our community and
whole Treasure Valley Metropolitan ara.
4- Land Use Studies and Findings.
5- Transportation Studies and Findings.
6- Infrastructures Studies and Findings.
7- Public Facilities Studies and Findings.
8- Open Space Recreation, and Conservation Studies and Findings.
9- Dose application meets our Comp Plan; City codes, rules, regulations,
municipalities and compatible with surrounding land uses and zoning?
10- Complete agencies reports on the proposed application.
11- Impact of propose development on: Infrastructure, Transportation and Traffic,
Open and green space, Public Facilities, and surrounding areas.
12- Public Input and Involvement.
13- Request for a model (smaller scale) for;propose development (if possible).
14- Colored rendering.
15- Developments Agreement Contents. I
16- Complete and comprehensive information about the proposal.
17- Staff Recommendations.
18- The Agenda and the package need to be ready at City Hall no later than Thursday
before the meeting by 2:00 PM.
Staff is already including some of the above items in their reports, but would
appreciate their consideration of the items that may not be on their list.
L
1.3 The City of Eagle Vision Statement
In 1999, City of Eagle citizens envisioned their future town as a well-planned community that
encourages diversified living and housing opportunities, fosters economic vitality that offers jobs for
residents, and provides places for people to recreate and enjoy Eagle's natural beauty.
We envision that in the future Eagle will be:
a. known as a highly livable town that successfully balances growth with many of the rural elements
of its heritage;
b. interconnected with user-friendly pathways and roadways;
c. economically strong with a distinct downtown economic center;
d. providing diversified employment and housing opportunities for all economic groups;
e. an environmentally aware community with distinctive open space, parks and outdoor recreation;
f. an economically strong city, that fosters local businesses and clean industry;
g. a community committed to its support for children and families; and
h. a unique community that maintains its rural residential feel in the midst of the Treasure Valley.
Similarly as in 1999, the 2004 Soaring 2025 plan, and the Foothills Plan: the City of Eagle outlined an
extensive public visioning process to guide the plan. The visioning sessions discussed potential growth
areas and goals to guide the long term development of the City. From these visioning sessions, the
following four broad goals were identified for the western AOI and the foothills:
a. Sustainability at build out: Ensure the ability for the city to continue to fund, improve and support
itself, including infrastructure and parks, without the use of building permit fees, impact fees and
zoning fees.
b. Identify "Activity Centers": Identify areas that, due to the nature of existing uses, future uses and/or
transportation corridors, will lend themselves to increased activity and non-residential use to
preserve larger areas as primarily residential neighborhoods and sensitive areas as open space.
c. Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve the function of
regionally significant roadways through the City while ensuring compatibility with land uses and
design standards of the City.
KEYS TO LOCATING TECHNICAL PARKS AND LIGHT INDUSTRY WITHIN EAGLE:
1) Treasure Valley is a hot place for the locating of light industrial and technical uses for the
following reasons:
a. Highly educated/trained work force
b. Highly competitive market
c. Industrial rates for power are one of the lowest in the west
d. High livability index
2) No areas in the valley exist that are "User Ready" for a site that can serve over 5 mega watts.
For perspective Micron is a 50 MW user and there are only 3 other users in the valley over 20
mega watts. The average call center is a 10 mega watt user. (see attached description)
3) . When locating high energy users it is important to know where substation siting is feasible. To
expedite the extension of services it is best to locate/identify potential locations/users along
existing transmission lines. (see attached transmission map)
4) Within the valley it is possible to shift 2-3 mega watts within the existing transmission system
but beyond that a new substation would need to be located. Idaho Power is planning to add
approximately 40-50 mega watts per year to the valley but that siting process is a 3-4 year lead
time.
5) Normal substations are 3-5 acres in size and would allow for the location of 50 megawatts on a
site. The cost of a new substation located along the existing transmission system is
approximately $3-4 million. The extension of new transmission form the existing corridor is
approximately $300-400 thousand per mile.
Patterson Property
139 Acres
Zoned RUT
Comp Plan: Community Center
Will require a sewer and water lift station
1.11==1111111111 .1111111M1 1 NW C i/ 1 _T `( I\ C
Patterson Gravle Pit
45.9 Acres
Zone: BP
Comp Plan: BP
Sewer & Water at the Site
Topographically below adjacent the land
Old Castle/Monroc
163 Acres combined (80 usable)
Zone: MU
Comp Plan: MU
Sewer & Water at the Site
Direct access to SH 44 Via signal
Frontage road connects to Egle River on the West
�. l --l�I Pfrr Ail�r'
Harmaechea
319 Acres
Zone- MU & Res
Sewer in Palmer in 2009
Water Can do LID with City
Approved DA can renegoate quickly to modify uses
Corinthian
289 Acres
Zone RUT
Comp Plan Village /Transitional Res
Sewer on Palmer in 2009
Water can do LID w/City
J
•
State & SH 16
350 Acres
Zone: RUT
Comp Plan: Commercial/ BP/ MU
Water to the property at the north
Sewer schedules fo 2009
L__
SUMMARY OF
ORDINANCE NO. 588
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, A MUNICIPAL CORPORATION OF
THE STATE OF IDAHO, AMENDING TITLE 7, CHAPTER 1 OF THE EAGLE CITY CODE;
ADOPTING THE 2006 INTERNATIONAL BUILDING CODE INCLUDING APPENDIX J
GRADING; ADOPTING THE 2006 INTERNATIONAL RESIDENTIAL CODE (PARTS I
THROUGH IV AND IX); AMENDING OR DELETING CERTAIN SECTIONS OF THE 2006
INTERNATIONAL BUILDING CODE; AMENDING OR DELETING CERTAIN SECTIONS
OF THE 2006 INTERNATIONAL RESIDENTIAL CODE; ADOPING THE CURRENT
PUBLICATION OF THE INTERNATIONAL FIRE CODE; ADOPING THE CURRENT
PUBLICATION OF THE INTERNATIONAL MECHANICAL CODE; ADOPING THE
CURRENT PUBLICATION OF THE INTERNATIONAL FUEL GAS CODE; APPROVING
THE SUMMARY OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE FOR
ADOPTION.
A summary of the principal provisions of Ordinance No. 588 of the City of Eagle, Ada
County, Idaho, adopted on , 2008, is as follows:
Section 1: Amends Title 7, Chapter 1, Section 7-1A-2 Eagle City Code by adopting
the 2006 International Building Code, Appendix J of the 2006 International Building Code, and
the 2006 International Residential Code.
Section 2: Amends Title 7, Chapter 1, Section 7-1A-3, Eagle City Code, to provide
for 2006 International Building Code amendments and insertion of amended changes to
Appendix J.
Section 3: Amends Title 7, Chapter 1, Section 7-1A-4, Eagle City Code, to provide
for 2006 International Residential Code amendments.
Section 4: Amends Title 7, Chapter 1, Section 7-1B-1,
for the adoption of the 2006 International Mechanical Code.
Section 5: Amends Title 7, Chapter 1, Section 7-1B-2,
for the adoption of the 2006 Fuel Gas Code.
Section 6: Amends Title 7, Chapter 1, Section 7-1B-3,
for amendments to the 2006 International Mechanical Code.
Eagle City Code, to provide
Eagle City Code, to provide
Eagle City Code, to provide
Section 7: Amends Title 7, Chapter 1, Section 7-1D-1, Eagle City Code, to provide
for the adoption of the 2006 International Fire Code.
Section 8: States that Ordinance No. 588 shall take effect and be in force from and
after its passage, approval, and publication as required by law. Provides that a summary of
Page 1
Ordinance No. 588 may be published in lieu of the entire ordinance in compliance with Section
50-901A, Idaho Code.
The full text of Ordinance No. 588 is available at City Hall and will be provided to any
citizen upon personal request during normal office hours.
DATED as of the th day of , 2008.
ATTEST:
Sharon K. Bergmann, City Clerk
(SEAL)
Page 2
CITY OF EAGLE
Ada County, Idaho
Phil Bandy, Mayor
CERTIFICATION OF CITY ATTORNEY
I, the undersigned City Attorney for and legal advisor to the City of Eagle, Idaho,
hereby certify that I have read the foregoing Summary of Ordinance No. 506 of the City of
Eagle and that the same is true and complete and provides adequate notice to the public of the
contents of said Ordinance.
DATED as of the th day of , 2008.
By: Susan Buxton, City Attorney
3
ORDINANCE No. 588
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, A MUNICIPAL CORPORATION OF
THE STATE OF IDAHO, AMENDING TITLE 7, CHAPTER 1 OF THE EAGLE CITY CODE;
ADOPTING THE 2006 INTERNATIONAL BUILDING CODE INCLUDING APPENDIX J
GRADING; ADOPTING THE 2006 INTERNATIONAL RESIDENTIAL CODE (PARTS I
THROUGH IV AND IX); AMENDING OR DELETING CERTAIN SECTIONS OF THE 2006
INTERNATIONAL BUILDING CODE; AMENDING OR DELETING CERTAIN SECTIONS
OF THE 2006 INTERNATIONAL RESIDENTIAL CODE; ADOPING THE CURRENT
PUBLICATION OF THE INTERNATIONAL FIRE CODE; ADOPING THE CURRENT
PUBLICATION OF THE INTERNATIONAL MECHANICAL CODE; ADOPING THE
CURRENT PUBLICATION OF THE INTERNATIONAL FUEL GAS CODE; APPROVING
THE SUMMARY OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE FOR
ADOPTION.
WHEREAS, the Idaho Department of Building Safety, by administrative rule, has adopted the
2006 International Building code and the 2006 International Residential Code; and
WHEREAS, the City Eagle, Idaho finds that the adoption of the 2006 International Building
Code, the 2006 International Residential Code, parts I-IV, IX, will safeguard life or limb, health,
property and public welfare and the Eagle City Council has deemed it to be in the best interest of
the City of Eagle.
WHEREAS, the City of Eagle is a municipal corporation organized and operated under the laws
of the State of Idaho;
NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section 1: That Title 7, Chapter 1, Article A, Section 7-1A-2, Eagle City Code, be, and the
same is hereby amended as follows:
7-1A-2: CODES ADOPTED:
A.The following codes, except as herein amended are hereby adopted and incorporated by
reference as if fully set forth herein, and shall apply in the city as the amended Building Code for
the City of Eagle. This chapter shall include rules and regulations governing all grading and
building activity including: erection, construction, enlargement, alterations, repair, moving,
removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of
buildings or structures, installation requirements for manufactured homes. It shall be unlawful to
engage in any grading or building activity without complying with the rules and regulations as
contained in this chapter and the codes adopted herein. The following codes and portions thereof
are on file in the office of the city clerk, in accordance with Idaho Code, section 31-715. That the
approved editions of the following nationally recognized codes, as adopted by the state of Idaho
or the Idaho building code board, are adopted as the official building codes of the city of Eagle,
Idaho, except as otherwise provided in the Eagle city code:
International building code, 20036 edition, including all rules promulgated by the board to
provide equivalency with the provisions of the Americans with disabilities act accessibility
guidelines and the federal fair housing act accessibility guidelines.
International Building Code 2006 edition, Appendix J. Grading, as amended.
International iResidential eCode, 20036 edition, parts I-IV and IX.
Internationaleconservation code, 20 3 cditi n
Uniform eCode for bBuilding eConservation, 1997 edition, published by the International
Conference of Building Officials.
International Existing Building Code 2006 edition published by the International Conference of
Building Officials.
Uniform code for the abatement of dangerous buildings, 1997 edition, published by the
International Conference of Building Officials.
Safety code for elevators and escalators; elevators, dumbwaiters, escalators and moving walks,
ASME A17.1-1996, published by the American National Standards Institute.
The adopted versions of the foregoing codes shall be deemed superseded by successive versions
of such codes as they are adopted or approved by the Idaho building code board effective on the
date any such codes are made effective by the Idaho building code board. (Ord. 506, 1-25-2005)
Section 2: That Title 7, Chapter 1, Article A, Section 7-1A-3, Eagle City Code, be, and the
same is hereby amended as follows:
7-1A-3: IBC BUILDING CODE AMENDMENTS:
IBC section 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as the Building Code of The City of Eagle,
hereinafter referred to as "this code".
IBC section 101.4, Reference Codes, subsections 101.4.1, 101.4.4, 101.4.5 are deleted.
IBC section 105.2, subsections on electrical, gas, mechanical and plumbing are deleted and
repealed.
IBC section 105.2.2 Repairs is deleted and repealed.
IBC section 105.3.2 is amended to read as follows:
105.3.2 Expiration Of Plan Review. Applications for which no permit is issued within 180 days
following the date of receipt of application shall expire by limitation, and plans and other data
submitted for review may thereafter be returned to the applicant or destroyed by the building
official. The building official may extend the time for action by the applicant for a period not
exceeding 180 calendar days on request by the applicant showing that circumstances beyond the
control of the applicant have prevented action from being taken. No application shall be
extended more than once, nor shall any extension be granted beyond the last day of the current
code cycle as adopted by the city of Eagle. In order to renew action on an application after
expiration, the applicant shall resubmit plans and pay a new plan review fee.
IBC section 105.5 is amended to read as follows:
105.5 Expiration. Every permit issued by the building official under the provisions of this
chapter shall expire by limitation and become null and void if the building or work authorized by
such permit is not commenced within 180 calendar days from the date of such permit, or if the
building or work authorized by such permit is suspended or abandoned at any time after the work
is commenced for a period of 180 calendar days.
The timeframe by which a project shall be deemed to be suspended or abandoned shall be
measured from the date of the last major inspection that resulted in an approval to move to the
next stage of construction by the city of Eagle or if no inspection has been required then a project
shall be deemed to be suspended 180 calendar days from the date the permit was issued. The
major inspections that can be required from the city of Eagle include grading inspection,
footing/foundation inspection, concrete slab or under -floor inspection, lowest floor elevation
inspection, framing inspection, lath or gypsum board inspection, fire resistant penetration
inspection, energy efficiency inspection or special inspections. However, the building official
may extend a permit based on a good faith effort made by the permit holder as determined by the
building official. A good faith effort may include but is not limited to an inspection performed by
city inspectors to verify that substantial amount of code compliant work has been performed and
that significant progress has occurred towards the next stage of inspection.
a. New Permit Required After Expiration. Before work on the site can be recommenced after
expiration, a new permit shall be first obtained to do so, and the fee therefore shall be one half
the amount required for a new permit provided no changes have been made or will be made in
the original plans and specifications for such work, that the work is still possible given current
conditions, and that work has not been suspended or abandoned for more than one year from the
last recorded major inspection or good faith effort determined by the building official. In such
cases, a new permit shall not be issued after expiration when the original review was performed
using a previously adopted code.
If more than one year has passed since the permit has expired or the city has adopted a new
version of the building code, then the applicant shall apply for a new permit and the plans will be
subject to a new plan review process and related permit fees.
The building official shall have the authority to deny the new permit which utilizes the
requirements of the expired permit unless the permittee made a good faith effort to complete the
project and reasons beyond their control resulted in suspension or abandonment of the project.
The permittee must show that the building or work will be duly completed without further delay,
if the building official renews the permit.
b. Permit Extensions. Any permittee holding an unexpired permit may apply for an extension of
the time within which work may commence under that permit, when the permittee is unable to
commence work within the time required by this section. The building official may extend the
time for action by the permittee for a period not exceeding 180 calendar days on written request
by the permittee with written evidence provided demonstrating that a good faith effort to
complete the project has been made and that reasons beyond the control of the permittee have
resulted in a delay. Under no condition shall a permit be extended more than once.
c. Demolition And/Or Restoration Of Property After Permit Expiration. Once a permit has
expired and the building official has determined that said permit shall not be renewed, the
permittee/owner shall have 90 calendar days to demolish any partially erected structures and/or
restore the property to the same condition that it was in at the time of the issuance of the original
permit, or to a condition acceptable to the building official.
d. Council Action. If the permittee/owner does not return the property to the condition that it was
in at the time the original building permit was issued, or to a condition acceptable to the building
official, then, after providing adequate notice to the permittee/owner, the building official shall
cause the matter to be heard before city council. The council shall hear the matter and may order
the property to be restored to the same condition it was in at the time of the issuance of the
original building permit, or to the condition that was ordered by the building official, or any
other action it deems necessary. This action may result in the demolition or restoration of a
structure or portion thereof. A tax lien shall be placed against the property for any work that the
building official must undertake to restore the property. If demolition/restoration is necessary,
the city shall follow the procedure set forth in the city code for abatement of dangerous
buildings.
IBC section 105.7 is amended to read as follows:
105.7 Permit Transfer. A building permit shall be transferable to another party if such party can
provide a document signed and notarized by the original permit holder consenting to the transfer
itself and all agreements and conditions incorporated into the original permit approval. A permit
may also be transferred back to the property owner or owner's designated legal agent in cases
where the property owner has terminated their legal relationship with their contractor or owner's
designated legal agent. An administrative fee for the transfer of the permit will be assessed for
the work performed by city staff to facilitate the transfer based on an hourly rate of $50.00.
IBC section 105.7 is to be renumbered to section 105.8 and is to read as follows:
105.8 Placement Of Permit. The building permit or copy shall be kept on the site of the work
until completion of the project.
IBC section 106.1 and the exception are amended and add subsection 106.1.1.1.1 to read as
follows:
106.1 Submittal Documents. Construction documents, special inspection and structural
observation programs, and other data as required by the city of Eagle commercial construction
guidelines shall be submitted with each application for a permit. These plans and specifications
shall be prepared, signed and sealed by an architect licensed by the state of Idaho under section
54-309, Idaho Code, as amended. For buildings or structures, not principally architectural, the
design of which involves principally engineering considerations, the plans and specifications
may be prepared, signed and sealed by a professional engineer licensed by the state of Idaho and
qualified in the engineering specialty involved.
Exceptions: Nothing contained above shall be held or construed to have any application to or
prevent or affect the following:
1. Buildings which are multiple living units not to exceed four (4) units.
2. Groups R-3 and U occupancies not exceeding three (3) stories in height above grade.
3. Interior tenant improvements not exceeding a total for the entire tenant space of 1,500 square
feet for existing A, B, E, F 1, F2, M, Sl, and S2 occupancies.
106.1.1.1.1 Food -Products Preparations Or Sales. Plans and specifications to construct, build,
repair or alter a building or structure wherein foods, food products or beverages are prepared,
manufactured, concocted or stored for either sale at retail or wholesale shall be submitted to and
approved by Central district health prior to applying for a building permit.
For the purpose of this subsection the term foods, food products or beverages shall mean and
include all articles used for food, drink, confectionery or condiment, whether simple, mixed or
compound, and all substance or ingredients used in the preparation thereof designed for human
consumption.
IBC section 107.1 is amended to read as follows:
107.1 General. The building official is authorized to issue a permit for temporary structures and
temporary uses having an overnight stay. Such permits shall be limited as to time of service, but
shall not be permitted for more than 180 days. The building official is authorized to grant
extensions for demonstrated cause. Approvals for other temporary structures and uses that do not
involve an overnight stay shall be regulated by the zoning ordinance and fire department.
IBC section 108.6 is amended to read as follows:
108.6 Fee Refunds. The building official may authorize a refund of any fee paid hereunder
which was erroneously paid or collected.
The building official may authorize a refund of not more than 80 percent of the plan review fee
paid when an application for a permit for which a plan review fee has been paid is withdrawn or
canceled before any plan reviewing is done.
The building official shall not authorize a refund of any fee paid except on written application
filed by the original permittee or owner's representative not later than 180 days after the date of
fee payment.
IBC section 110.3 is amended to read as follows:
110.3 Temporary Occupancy. If the building official finds that no substantial hazard will result
from occupancy of any building or portion thereof before the same is completed, a temporary
certificate of occupancy may be issued for the use of a portion or portions of a building or
structure prior to the completion of the entire building or structure. A temporary occupancy is set
at a time period of 90 days. Multiple time extensions of a maximum of 90 days each may be
granted when requested in writing to the building official when a good faith effort is
demonstrated by the permit holder. In no case shall a temporary occupancy extend beyond one
(1) year.
IBC section 111.1 is amended to read as follows:
111.1 Connection Of Service Utilities. A final inspection and approval is required upon
completion and prior to occupancy and use of all buildings and structures for connection of
service utilities. Lack of building official approval may result in the termination of utility
services to said building or structure and prosecution under IBC section 113.3.
IBC section 111.3 is amended to change title only. The title to read as follows:
111.3 Authority To Disconnect Service Utilities For Unsafe Conditions.
IBC section 111.4 is a new section to read as follows:
111.4 Authority Of Disconnect For Occupancy Violations. Whenever any building or
structure or equipment therein regulated by this code is being used contrary to the provisions of
this code and/or other laws which are enforced by the city of Eagle, the building official may
order such use discontinued and the structure, or portion thereof, vacated and the utility services
disconnected by notice served on any person causing such use to be continued. Such person shall
discontinue the use or make the structure or portion thereof, comply with the requirements of this
code, and/or other laws which are enforced by the city of Eagle, within a time period of thirty
(30) days of receipt of such notice or as designated by the building official.
IBC section 112.1 is amended to read as follows:
112.1 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 a board of appeals consisting of all members of the Eagle city council. The
building official shall be an ex officio member of and shall act as secretary to said board but shall
have no vote upon any matter before the board. The board may adopt rules of procedure for
conducting its business and shall render all decisions and findings in writing to the appellant with
a duplicate copy to the building official.
IBC section 112.3 is deleted and repealed.
IBC Section 112.4 is a new section to read as follows:
112.4 Appeals to the Board
A. Application for Appeal
Any applicant for a permit, whose application has been rejected by the City, or any person who
has been ordered by the City to modify, alter, remove or install any building code provisions as
defined in the Eagle City Code may within ten (10) days thereafter. request an appeal by filing
notice in writing with the City. The City shall deliver such notice to the Board. who shall fix and
establish a time, date, and place of hearing within fifteen (15) days from the date of the receipt of
notice and cause a copy of the notice of hearing to be mailed to the appealing parties. At the
hearing the Board may, by a majority vote. affirm, annul. or modify the action of the City. If the
actions of the City are modified or annulled, a permit shall be issued accordingly.
B. APPEAL FEE
Any person appealing from the decision of the City shall attach to the written request for appeal
a certified check for Two -hundred fifty dollars ($250.00) made out in favor of The City of Eagle.
IBC Section 112.5 is a new section to read as follows:
112.5 Appeal Procedure
The Building Code Board may receive all evidence on appeal, in accordance with the following
procedure:
A. The Building Official or designee shall present background information on the project in
question, including relevant code sections and their interpretation. The Board may ask questions
during or after each presentation.
B. Applicant shall be allowed to present any information or applicable code sections to support a
reversal of the Building Official's decision. The applicant shall have up to twenty (20) minutes to
present such evidence.
C. The Chair shall open the hearing to receive public testimony . Each person wishing to provide
public testimony shall be given up to five (5) minutes to do so.
D. Following the close of public testimony, the Building Official or designee shall be allowed up
to ten (10) minutes for rebuttal.
E. The Applicant then shall have up to ten (10) minutes for rebuttal and anv final comments.
F. The Chairman of the board may allocate equivalent additional time to the applicant and the
Building Official or his designee if the clarity of the issue at hand can be enhanced by receiving
additional testimony.
G. Thereafter, the Board may deliberate and render a final decision by a role call vote. may
request more information before a final decision is made. or may take the matter under
advisement and reconvene at a reasonable time not to exceed fifteen (15) days to make their final
decision. The final decision shall be in writing and a copy provided to the Applicant and anv
parties of record. The decision by the Board may be appealed to the City Council within ten
calendar (10) dans following the date of issuance of a written decision.
IBC section 113.3 is amended to read as follows:
113.3 Criminal Penalties. Any person, firm or corporation violating the provisions of this code
shall be deemed guilty of misdemeanor, and upon conviction thereof shall be punished by a fine
of not more than #pec hundred one thousand dollars ($31 by imprisonment for not more
than one hundred and eighty (180) days, or by both such fine and imprisonment. Each separate
day or any portion thereof during which any violation of this code occurs or continues shall be
deemed to constitute a separate offense, and upon conviction thereof shall be punishable as
herein provided.
IBC Section 113.3.1 is a new section to read as follows:
113.3.1 Civil Penalties: Any person or its agent violating anv provision of this Code may have
civil penalties accessed against them. Notice of said penalties shall be served upon the violator
personally by a City Code Enforcement officer. If personal service is not made. service may be
effectuated by Certified Mail to the last known business address or residential address of the
violator. A new violation may be filed for each day the violation continues. The violation will
have a date by which the civil penalty shall be paid and if it is not paid by that date. the City may
pursue collections through court and ask the court to reimburse for all costs and fees associated
with collecting the penalty.
Civil penalties shall be issued pursuant to the following guidelines:
If the violation does not create a serious life safety hazard. the City shall warn the person
violating the code. If the violation continues or a subsequent violation is discovered. the City
may issue a civil penalty. If the violation creates a serious life safety hazard. then a civil penalty_
may be imposed even though a prior warning was not given.
IBC Section 113.3.2 is a new section to read as follows:
113.3.2 Civil Penalties Anneal Procedure
1. Upon receipt of written notice of a civil penalty, the violator shall within ten (10) days pay
the penalty or file a written request for a hearing with the City of Eagle Building Code Board
hereafter referred to as "the Board". Such written notice shall be accompanied bv a check for
One hundred fifty dollars ($150.00) made payable to the City of Eagle. If the civil penalty
imposed against the applicant is overturned bv the Board, the review fee shall be returned.
Notice of the public hearing for the review hearing shall be given by the Department mailing the
notice to the last known address provided bv the applicant. Upon issuance of the decision,
Applicant shall have fourteen (14) calendar days within which to pay the civil penalty.
2. When determining if a civil penalty is warranted, the Board shall consider the following:
(1) If the violation does not create a serious life safety hazard, did the City warn the person or his
agent violating the code prior to issuing a civil penalty; (2) Did the violation continue or was a
subsequent violation discovered, that warranted the City to issue a civil penalty; (3) Did the
violation create a serious life safety hazard, so that the City was warranted in issuing a civil
penalty even though a prior warning was not given; (4) Did the person or his agent regularly take
out permits, and thus should have had knowledge of what the code required; (5) Did the person
or his agent receive adequate warning notice of the code violation or a similar code violation; (6)
Does the person or his agent regularly violate the code.
The decision bv the Building Code Board may be appealed to the City Council within ten
calendar (10) days following the date of issuance of a written decision. If the City Council
renders a final decision imposing the civil penalty against the Appellant, the Appellant shall have
fourteen (14)calendar days from such decision within which to pay the civil penalty.
IBC section 114.4 is a new section and reads as follows:
Section 114.4, Investigation Fees, Work Without A Permit. Whenever any work for which a
permit is required by this code has been commenced without first obtaining said permit, a special
investigation shall be made before a permit may be issued for such work. An investigation fee, in
addition to the permit fee, shall be collected whether or not a permit is then or subsequently
issued. The investigation fee shall be equal to the amount of the permit fee required by this code.
The minimum investigation fee shall be the same as the minimum fee set forth in section 108.2.
The payment of such investigation fee shall not exempt any person from compliance with all
other provisions of this code nor from any penalty prescribed by law. All re -inspections shall be
charged at a rate of fifty ($50.00) dollars or as otherwise set by resolution duly adopted by the
city council.
IBC sections 115.1, 115.2, 115.3, 115.4 and 115.5 are deleted and repealed.
IBC section 305.2 is amended to read as follows:
305.2 Day Care. The use of a building or structure, or portion thereof, for educational,
supervision or personal care services for more than six children older than 2-1/2 years of age,
shall be classified as a group E occupancy. This provision shall be exempt for daycare services
provided for 12 or fewer children of any age in residential buildings governed by the
international residential code, as set forth in IBC section 101.2.
IBC section 308.5.2 is amended to read as follows:
308.5.2 Child Care Facility. A facility, that provides supervision and personal care on less than
a 24-hour basis for more than twelve children, 2-1/2 years of age or less, shall be classified as a
group I-4. This provision shall be exempt for daycare services provided for 12 or fewer children
of any age in residential buildings governed by the international residential code, as set forth in
IBC section 101.2.
IBC section 310.1 Residential Group R-3 is amended to read as follows:
310.1 Residential Group R-3. Residential occupancies where the occupants are primarily
permanent in nature and not classified as R-1, R-2, or I and where buildings do not contain more
than two dwelling units, or adult care facilities that provide accommodations for five or fewer
persons, for less than 24 hours. This provision shall be exempt for daycare services provided for
12 or fewer children of any age in residential buildings governed by the international residential
code, as set forth in IBC section 101.2.
903.2.7 Group R. An automatic sprinkler system shall be provided in accordance with sections
903.2.7, 903.2.8 and 903.2.9 of the 2000 international building code.
IBC section 1503.1 is amended to read as follows:
1503.1 General. Roof decks shall be covered with approved roof coverings secured to the
building or structure in accordance with the provisions of this chapter. Roof coverings shall be
designed, installed and maintained in accordance with this code and the approved manufacturer's
installation instructions such that the roof covering shall serve to protect the building or
structure.
IBC table 1507.9.5 Wood Shake Material Requirements is amended and reads as follows:
TABLE 1507.9.5
WOOD SHAKE MATERIAL REQUIREMENTS
Material
Minimum Applicable
Grades Grading Rules
Wood shakes of naturally durable wood 11 1 11 CSSB
(Taper sawn shakes of naturally durable wood 11 1 11 CSSB
Preservative -treated shakes and shingles of naturally durable 1 CSSB
wood
Fire -retardant -treated shakes and shingles of naturally durable J 1 il CSSB
wood
Preservative -treated tapersawn shakes of southern yellow pine
treated in accordance with AWPA standard C-2 U 1
(Commodity Specification A, Use Category 3B and Section
5.6
1 TFS
CSSB = Cedar shake and shingle bureau.
TFS = Forest products laboratory of the Texas forest services.
IBC table 1507.9.7 Wood Shake Weather Exposure And Roof Slope is amended
and reads as follows:
TABLE 1507.9.7
WOOD SHAKE WEATHER EXPOSURE AND ROOF SLOPE
Roofing Material Length Grade Exposure (Inches) 4:12
(Inches) Pitch Or Steeper
Shakes of naturally durable wood 18 No. 1 7.5
24 No. 1 10a
Preservative treated taper sawn 18 No. 1 7.5
shakes of southern yellow pine 24 No. 1 10
Taper -sawn shakes of naturally 18 No. 1 7.5
durable wood 24 No. 1 10
For SI: 1 inch = 25.4 mm.
a. For 24 inch by 0.375 -inch handsplit shakes, the maximum exposure is 7.5 inches.
IBC section 1608.1 is amended to read as follows:
1608.1 General. Design snow loads shall be determined in accordance with section 7 of ASCE
7, but the design roof load shall not be less than a uniform snow load of 25 psf.
IBC section 1608.2 is amended to read as follows:
1608.2 Ground Snow Loads. The ground snow load to be used in determining the design snow
loads for lie -the City of Eagle shall be 20 psf (Pg) .
IBC sections 1612.1 through 1612.5 are repealed and replaced with the following:
All construction within flood hazard areas shall be designed and constructed in accordance with
and as defined by tTitle tTen (10) Flood Control of the Eagle city code mill be deigned and
constructed in aceerdancc w ' rdinance.
IBC section 1805.2.1 is amended to read as follows:
1805.2.1 Frost Protection. Except where erected on solid rock or otherwise protected from
frost, foundation walls, piers and other permanent supports of buildings and structures larger
than 400 square feet (37 m2) in area or 10 feet (3 048 mm) in height shall extend below the frost
line of the locality, and spread footings of adequate size shall be provided where necessary to
properly distribute the load within the allowable load-bearing value of the soil. Alternatively,
such structures shall be supported on piles where solid earth or rock is not available. Footings
shall not bear on frozen soils unless such frozen condition is of a permanent character. Frost
depth for the city of Eagle to be 24 inches below grade unless another depth is recommended
upon a foundation investigation.
IBC section 1805.2.1 Exception is deleted and repealed.
IBC sectio.. 2308.9.2.1 is amended -by adding item #3 as follows:
2308.9.3.1Alternate Bracing, Any—hraeing required by section 2308.'1.3 is permitted to be
follo��
-1. In one story buildings, l shall have a length of not less than 2 fcct E inches (813 mm)
and a hci -of not more than. 10 feet ! - ::.- - : - - • - - d on one face with
3/8 inch minimum thickness (9.5 rnrr.) t ::: — --- - - . - - e . - : d common
ef-galvanized-hast nail in,-accerdanee-wit'itable 2304:9.1 and blocked
cdgcs. Two anchor bolts installed -in accordance with section 2308.6 sl'.
c quarter points. Euch panel end stud
d to th
e-apacity of not les: than 1, .The tie-dewn do-vice—shall—be incalle
ae ordanee with the manufacturerls-recommendations. The -panels shall be cupperted directly -en
afeundation or on. floor framing supported—directly on a foundation that is continuous across the
entire a This-foundatie shat be reinforced with not less than one
r:o. 1 bar -top and bottom.
Where the continuous foundation is -reed to have a depth-greatcr than 12 inches-{ nm), a
minimum 12 inch by 12 inch (305 mm by 305 mfr.) continuous fo
is permitted—at—door openings in the braced wall lire. This continuous footing or turn n
slab edg - - . : - : - - - ; - han one no. 1 bar om. This reinforcement
shall be lapped 15 inches (381 mm) w• - - - - - • - -- - - - - -- in the conti
located directly under t -braCed wall lig
2. In. th- = - - 'ngs, caul--panel-shall e in accordance with
section. 2308.9.3.1, item 1, except that the weed struetur
beplaced-at-one-quarter-points,
-. - - :,- - - : : • • 1pl ts, and -tie -down -device uplift
capacity sell not be less than 3,
3. Alt that arc designed in accordance with the "Boise City Wall
Bracin _ _ - - :.-- - ' - ' = - - ' : Construction" baeklet shall also be accepted.
(Ord. 506, 1 25 2095)
2006 INTERNATIONAL BUILDING CODE APPENDIX J , `GRADING", IS
HEREBY ADOPTED SUBJECT TO AMMENDMENTS AS A PART OF THE
BUILDING CODE OF THE CITY OF EAGLE: SUBJECT TO THE
AMENDMENTS INCLUDED HEREIN AND TO THE PROVISIONS OF DESIGN,
STANDARDS ADOPTED BY RESOLUTION OR AS FURTHER DESCRIBED
HEREIN AND TO THOSE OTHER REQUIREMENTS OF EAGLE CITY CODE
THAT PERTAIN TO GRADING AND DRAINAGE AS REGULATED UNDER
SAID APPENDIX J , `GRADING"
IBC APPENDIX J is hereby amended as follows:
IBC BUILDING CODE AMENDMENT, APPENDIX J, SECTION J101.2 Flood
hazard areas is deleted and replaced with the following:
Other Pertinent Sections: other sections of Eagle City code that pertain to reauirements for
grading and drainage include, but are not limited to. the following;
EC 9-4-1-10, "Storm Drainage and Flood Controls";
EC 9-5-3, "Hillside Subdivisions";
EC 9-5-7, "Subdivision Within a Flood Plain"
EC 9-5-8, "Subdivision Within an Area of Critical Concern";
EC Title 10, "Flood Control".
IBC BUILDING CODE AMENDMENT, APPENDIX J, SECTION J103.1 PERMITS
REQUIRED is amended to add the following text:
Grading permit applications shall be presented to the City of Eagle. The application form as
adopted for this purpose by resolution of the City Council shall be accompanied by the reauired.
grading plan, volume calculations, and grading permit fee as determined from the grading permit
fee schedule as adopted from time to time by resolution of the City Council. Grading and earth-
moving work shall not begin until a grading permit has been issued by the City of Eagle.
IBC BUILDING CODE AMENDMENT, APPENDIX J, SECTION J103.1.1 GRADING
FEES is a new section to read as follows:
J103.1.1.1 General. Fees shall be assessed in accordance with the fee schedule adopted by the
Eagle City Council.
J103.1.1.2 Plan Review Fees. A plan review fee shall be paid at the time of submitting plans
and specifications for review by the Zoning Administrator. Plan review fees shall be assessed in
accordance with the fee schedule adopted by the Eagle City Council.
J103.1.1.3 Grading Permit Fees. A fee for each grading Hermit shall be paid to the Building
Official upon issuance of building permits. Grading permit fees shall be assessed in accordance
with the fee schedule adopted by the Eagle City Council.
IBC, Appendix J, Section J103.2 Exemptions J103.2.1 is deleted and replaced with the
following:
1. Lawn and garden grading involving less than 1,000 cubic yards of material and not changing
drainage flow patterns nor the soil supporting any permanent structure or rigid (cement concrete,
asphaltic concrete, or mortared masonry) surfacing, nor affecting neighboring properties nor
public easements, may be approved by the Building Official without submittal of a Grading Plan
as hereafter described, but is not exempt from permitting or any provision of this ordinance.
IBC, Appendix J, Section J103.2.8 is a new section to read as follows:
8. Agricultural earth moving at locations in Agricultural zones or that are being farmed are
exempt from permitting under this section.
IBC J104.2 IBC BUILDING CODE AMENDMENT, APPENDIX J, SECTION J104.2
SITE PLAN REOUIREMENTS is amended to add the following text:
The grading plan required per IBC J104.2 shall show, in addition to the items therein listed: a
reference bench mark with reference point elevation, location (plane coordinates or bearing -
distance tie to legal corner) and description, for each 10 (ten) acres of surface or part thereof:
design finish elevations at finish change -of -slope points: and elevation basis equation if
elevations shown are on a basis other than current NGVD datum. The grading plan required per
IBC J104.2 shall be accompanied by a drainage report, referenced to drainage pathways and
retention facilities shown on the grading plan, that sets forth the provisions for compliance with
the storm water retention requirements included in EC9-4-1-10, with supporting design
calculations per the "Design Standards for Storm Drainage Retention Facilities" as referenced in
ECC 9-4-1-10.H.
IBC J104.3 IBC BUILDING CODE AMENDMENT, APPENDIX J, SECTION J104.3
SOILS REPORT is amended to add the following text:
Information given in the soils report as required by IBC J104.3 shall also include water table data
adequate to infer peak -season water table at all points where excavation will be performed. In
particular, such information shall be sufficiently detailed and accurate to support evaluation of
the probability of seasonal flooding of crawl spaces. Soils Study shall contain site specific study
data prepared by a soils engineer or geologists licensed in the state of Idaho and must include the
following items:
1. Soil Classifications at all horizons
2. In place soil density at all horizons
3. Safe Load barring capacity at normal footing depth
4. Any identified usage limitations
For every grading project, the grading permit applicant shall provide a Storm Water Pollution
Prevention Plan certification. If the project is exempt from the requirements of the EPA
Construction General Permit, the applicant shall certify in writing that it is exempt. If a Storm
Water Pollution Prevention Plan is required pursuant to the requirements of the EPA
Construction General Permit, the applicant shall certify that the plan has been prepared and duly
filed with EPA. In this case, the applicant shall also certify that the plan was adhered to during
construction, as a condition to receive occupancy.
Grading plans required herein shall be submitted for proposed subdivisions at the Preliminary,
Plat application stage. Subdivision development is subiect to the Grading Permit requirements.
Grading plans for proposed residential subdivisions shall show:
a. Existing and finish elevation at each lot corner, at the curb at the point of extension of each
side lot line, and at the bottom of flow line of each drain course at every point where it crosses a
lot line, and the minimum floor elevation for the house that will be built on the lot, as determined
applying the vertical separation and slope standards of item lc) following;
b. Drainage pattern type for each lot. Drainage pattern types are:
i. Type A: lot drains to curb;
ii. Type B: lot front drains to curb, and remainder of lot drains to rear of lot;
iii. Type C: entire lot drains to rear of lot;
iv. Type D: lot drains to side lot line.
Where lots are graded as types B. C and D, drainage not flowing to curb must be accommodated
by a drainage retention system per EC9-4-1-10. and transferred to the retention system by an
interconnected system of drainage courses located in drainage easements. Flow lines of such
drainage courses shall be centered at least five feet from lot lines that lie parallel to them, to give
protection to fencing materials from water damage.
c. The following minimum vertical separation and minimum grade standards apply to
residential subdivision grading plans:
i. Vertical separation highest ground surface to lowest finish floor 0.67 feet;
ii. Slope downward from house across first adiacent ten feet 0.5 feet;
iii. Slope of lawn and landscape areas between ten and twenty feet from house 2 percent
(downward from house) minimum;
iv. Slope of drain -way flow lines 0.5 percent minimum. downward toward receiver;
v. Slope of impervious hard -surfaced areas (cement concrete. asphaltic concrete and
mortared masonry — does not apply to stepping stones. free -set flagstones or un -mortared paving
blocks or paving bricks) 0.5 percent minimum.
Commercial and industrial developments may apply these standards or present engineering
analysis and design demonstrating adequacy (for the 100 -year storm criterion) of a site-specific
design.
IBC J104.3, "EXCEPTIONS", is deleted and replaced with the following:
Exceptions to separation and slope standards: building official may allow exceptions through
written endorsement of detailed plan documents. provided applicant supplies engineering
analysis and design calculations that demonstrate that house and garage are adequately protected
against backup of direct runoff from the hundred -year storm event.
IBC J107 IBC BUILDING CODE AMENDMENT, APPENDIX J, SECTION J107 FILLS
is amended to add the following text:
In areas subiect to EC9-5-3, the requirements of EC9-5-3 supersede the provisions of Section
J107 where the provisions of the two sections differ.
Section 3: That Title 7, Chapter 1, Article A, Section 7-1A-4, Eagle City Code, be, and the
same is hereby amended as follows:
7-1A-4: IRC BUILDING CODE AMENDMENTS:
IRC section R101.1 is amended to read as follows:
R101.1 Title. These provisions shall be known as the Residential Code for One- and Two -
Family Dwellings of the city of Eagle, and shall be cited as such and will be referred to herein as
"this code."
cleted and repealed.
IRC section R102.7 is amended to read as follows:
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, the international fire code, or as is deemed necessary by the building
official for the general safety and welfare of the occupants and the public.
IRC-seetion R IO .2, Beildiwg is amended to read ao follow
' - - -- ption from the -permit requirements of this code
shall not be deemed to grant •ork to be -done in any manner in violation of
provision, of this code or any other laws or ordinance of this jurisdiction. Permits shall not
be required fef-the following:
Building:
. •;
1. On tachcd truotures, provided the floor arca doe; not exceed 120 ,quare
feet (18.53 m2-)
2. Fc:icos not over 6 feet -0829 mm) high
33 Retaining walls -that are no 9 m -.) in height measured from the bottom of the
footing to the top of the wall, unless supporting a surcharge,
/1. Water tanks supported directly upon grade if the capacity --dee, not exceed 5,000 gallons (lg
927 L) and -the ratio of height to diameters not exoecd T
5. Si s not more -than 30 inch
ever -any -basement or ctory belew,
de and not
6. Painting, papering, tiling, carpeting, carpetingTeabinets, counter tope and similar finish -work:
-e-swimmingmming pools that arc less than 21 inehe eta
81 -Swings and -ether playground equipment accessory to a one or two family dwelling.
support y an exterior wall -which de -net -project more than 51 inehes
(1372 mm) from the exterior wall and do not require -additional suppe4
-1-0-Work with a total value of $500.00 or less.
. , section is -deleted -and -repealed:
IRC section R105.2.2 is amended to read as follows:
R105.2.2 Repairs. Application or notice to the building official is not required for ordinary
repairs to structures, replacement of lamps or the connection of approved portable electrical
equipment to approved permanently installed receptacles. Such repairs shall not include the
cutting away of any wall, partition or portion thereof, the removal or cutting of any structural
beam or load bearing support, or the removal or change of any required means of egress, or
rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs
include addition to, alter of, replacement or relocation of any, gas piping, combustion vent,
electric wiring or mechanical or other work affecting public health or general safety.
IRC section R105.3.1.1 is amended to read as follows:
R105.3.1.1 Determination of Substantially Improved Or Substantially Damaged Existing
Buildings AnStu es in flood hazard areas.
For applications for reconstruction, rehabilitation, addition, or other improvement of existing
buildings or structures located in an area prone to flooding as established by table R301.2(1), the
Eagle city floodplain administrator shall examine or cause to be examined the construction
documents for the proposed work. For buildings that have sustained damage of any origin, the
value of the proposed work shall include the cost to repair the building or structure to its pre -
damage condition. All substantially improved or reconstruction of existing structures shall be
made in accordance with the Eagle city flood control ordinance.
IRC section R105.3.2 is amended to read as follows:
R105.3.2 Expiration Of Plan Review. Applications for which no permit is issued within 90
days following the date of application shall expire by limitation, and plans and other data
submitted for review may thereafter be returned to the applicant or destroyed by the building
official. The building official may extend the time for action by the applicant for a period not
exceeding 90 days on request by the applicant showing that circumstances beyond the control of
the applicant have prevented action from being taken. No application shall be extended more
than once. In order to renew action on an application after expiration, the applicant shall
resubmit plans and pay a new plan review fee.
IRC section R105.5 is amended to read as follows:
R105.5 Expiration. Every permit issued by the building official under the provisions of this
chapter shall expire by limitation and become null and void if the building or work authorized by
such permit is not commenced within 180 calendar days from the date of such permit, or if the
building or work authorized by such permit is suspended or abandoned at any time after the work
is commenced for a period of 180 calendar days.
The timeframe by which a project shall be deemed to be suspended or abandoned shall be
measured from the date of the last major inspection that resulted in an approval to move to the
next stage of construction by the city of Eagle or if no inspection has been required then a project
shall be deemed to be suspended 180 calendar days from the date the permit was issued. The
major inspections that can be required from the city of Eagle include grading inspection,
footing/foundation inspection, concrete slab or under -floor inspection, lowest floor elevation
inspection, framing inspection, lath or gypsum board inspection, fire resistant penetration
inspection, energy efficiency inspection and special inspections. However, the building official
may extend a permit based on a good faith effort made by the permit holder as determined by the
building official. A good faith effort may include but is not limited to an inspection performed by
city inspectors to verify that substantial amount of code compliant work has been performed and
that significant progress has occurred towards the next stage of inspection.
a. New Permit Required After Expiration. Before work on the site can be recommenced after
expiration, a new permit shall be first obtained to do so, and the fee therefore shall be one half
the amount required for a new permit provided no changes have been made or will be made in
the original plans and specifications for such work, that the work is still possible given current
conditions, and that work has not been suspended or abandoned for more than one year from the
last recorded major inspection or good faith effort determined by the building official. In such
cases, a new permit shall not be issued after expiration when the original review was performed
using a previously adopted code.
If more than one year has passed since the permit has expired or the city has adopted a new
version of the building code, then the applicant shall apply for a new permit and the plans will be
subject to a new plan review process and related permit fees.
The building official shall have the authority to deny the new permit which utilizes the
requirements of the expired permit unless the permittee made a good faith effort to complete the
project and reasons beyond their control resulted in suspension or abandonment of the project.
The permittee must show that the building or work will be duly completed without further delay,
if the building official renews the permit.
b. Permit Extensions. Any permittee holding an unexpired permit may apply for an extension of
the time within which work may commence under that permit, when the permittee is unable to
commence work within the time required by this section. The building official may extend the
time for action by the permittee for a period not exceeding 180 calendar days on written request
by the permittee with written evidence provided demonstrating that a good faith effort to
complete the project has been made and that reasons beyond the control of the permittee have
resulted in a delay. Under no condition shall a permit be extended more than once.
c. Demolition And/Or Restoration Of Property After Permit Expiration. Once a permit has
expired and the building official has determined that said permit shall not be renewed, the
permittee/owner shall have 90 calendar days to demolish any partially erected structures and/or
restore the property to the same condition that it was in at the time of the issuance of the original
permit, or to a condition acceptable to the building official.
d. Council Action. If the permittee/owner does not return the property to the condition that it was
in at the time the original building permit was issued, or to a condition acceptable to the building
official, then, after providing adequate notice to the permittee/owner, the building official shall
cause the matter to be heard before city council. The city council shall hear the matter and may
order the property to be restored to the same condition it was in at the time of the issuance of the
original building permit, or to the condition that was ordered by the building official, or any
other action it deems necessary. This action may result in the demolition or restoration of a
structure or portion thereof. A tax lien shall be placed against the property for any work that the
building official must undertake to restore the property. If demolition/restoration is necessary,
the city shall follow the procedure set forth in the city code and/or as set forth in the Idaho Code
addressing abatement of dangerous or nuisance buildings or property.
MC -section -RI -0577 is amended and to re -ad a: fellows:
it ,hall be transferable to another party if such -party
can provide a document ci: - - - - - _ - 21 permit holder con:eating to the
transfer itself and all agreements and conditions incorporated into the original -permit approval;
including payment of fees owed to the city by the transferor prior to the transferrmit may
also be transferred back to the prope ty owwTIc -er owner's -designated legal agent in cases where
the property owner has terminated their legal relationship with their contractor or owners
designated -legal -agent: -An administrative fee for -the -transfer of the -permit will be assessed for
the -work -performed -by city•' d on an hourly ruts of X0.00.
IRC section -8145.7 is te-be rc .umbered t,. sectio R 05.9 a xl is to read as follows:
n, nc.a P Jaccmcnt of Permit. The building permit or copy shall be -kept on the site of the work
unto-cemplction of the project
IRetien-11 05.8 is be renumbered to /section 8105.9 and is amended to read o follower
shall b rson w
installation er repair o ctric-al, ga - -- - -- - - - - -
cede is applicableTto comply with this code:
IRC section R105.9 is a new section and reads as follows:
R105.9 Permit transfer. A building permit shall be transferable to another party if such party
can provide a document signed and notarized bv the original permit holder consenting to the
transfer itself and all agreements and conditions incorporated into the original permit approval.
A Hermit may also be transferred back to the property owner or owner's designated legal agent in
cases where the property owner has terminated their legal relationship with their contractor or
owner's designated legal agent. An administrative fee for the transfer of the permit will be
assessed for the work performed bv City staff to facilitate the transfer based on an hourly rate of
$50.00.
IRC Section R106.1 is amended to read as follows:
R106.1 Submittal documents. Two (2) sets of construction plans, special inspection and
structural observation programs, and other pertinent data shall be submitted with each
application for a permit. Plans for all townhouse construction with more than four (4) units
attached shall be prepared, signed and sealed by an architect licensed by the State of Idaho under
Section 54-309, Idaho Code, as amended.
Dwelling and townhouse units constructed in areas under the purview of the Eagle City Code,
Title 9, Chapter 5, Special Development Subdivisions, shall have foundation designs signed and
sealed by a professional engineer licensed by the State of Idaho, and qualified in the engineering
specialty involved.
IRC section R106.3.3 is deleted and repealed.
IRC section R106.5 is deleted and repealed.
IRC section R107.1 is amended to read as follows:
R107.1 General. The building official and the zoning administrator must both approve a permit
for temporary structures and temporary uses. Such permits shall be limited as to time of service,
but shall not be permitted for more than 180 days. The building official is authorized to grant
extensions for demonstrated cause.
IRC section R108.5 is amended to read as follows:
R108.5 Fee Refunds. The building official may authorize a refund of any fee paid hereunder
which was erroneously paid or collected.
The building official may authorize a refund of not more than 80 percent of the plan review fee
paid when an application for a permit for which a plan review fee has been paid is withdrawn or
canceled before any plan reviewing is done.
The building official shall not authorize a refund of any fee paid except on written application
filed by the original permittee or owner's representative not later than 180 days after the date of
fee payment.
IRC section R108.6 is a new section to read as follows:
R108.6 Work Commencing Before Permit Issuance. Any person who commences any work
on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the
necessary permits shall be subject to a special investigation that shall be made before a permit
may be issued for such work.
An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is
then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee
required by this code or as set by resolution of the city council. The payment of such
investigation fee shall not exempt any person from compliance with all other provisions of this
code nor from any penalty prescribed by law.
IRC section R109.4 is amended to read as follows:
R109.4 Approval Required. Work shall not be done beyond the point indicated in each
successive inspection without first obtaining the approval of the building official. The building
official, upon notification, shall make the requested inspections and shall either indicate the
portion of the construction that is satisfactory as completed, or shall notify the permit holder or
an agent of the permit holder wherein the same fails to comply with this code. Any portions that
do not comply shall be corrected and such portion shall not be covered or concealed until
authorized by the building official. A final inspection and approval is required upon completion
and prior to occupancy and use of all building and structures.
IRC section R110.4 is amended to read as follows:
R110.4 Temporary Occupancy. If the building official finds that no substantial hazard will
result from occupancy of any building or portion thereof before the same is completed, a
temporary certificate of occupancy may be issued for the use of a portion or portions of a
building or structure prior to the completion of the entire building or structure. A temporary
occupancy is set at a time period of 90 days. Multiple time extensions of a maximum of 90 days
each may be granted when requested in writing to the building official when justifiable cause is
demonstrated by the permit holder. In no case shall a temporary occupancy extend beyond one
(1) year unless approved by the building official and the city council.
IRC section R111.1 is amended to read as follows:
R111.1 Connection Of Service Utilities. A final inspection and approval is required upon
completion and prior to occupancy and use of all buildings and structures for connection of
service utilities. Lack of building official approval may result in the termination of utility
services to said building or structure and either civil or criminal prosecution under the penalty
provisions of this code.
IRC section R111.3 is amended by changing the title to read as follows:
R111.3 Authority to Disconnect Service Utilities For Unsafe Conditions.
IRC section R111.4 is a new section to read as follows:
R111.4 Authority Of Disconnect Service Utilities For Occupancy Violations. Whenever
any building or structure or equipment therein regulated by this code is being used contrary to
the provisions of this code and/or other laws which are enforced by the city of Eagle, the
building official may order such use discontinued and the structure, or portion thereof, vacated
and the utility services disconnected by notice served on any person causing such use to be
continued. Such person shall discontinue the use or make the structure or portion thereof, comply
with the requirements of this code, and/or other laws which are enforced by the city of Eagle,
within a time period of thirty (30) days of receipt of such notice or as designated by the building
official.
IRC section R112.1 is amended to read as follows:
112.1 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 a board of appeals consisting of all members of the Eagle city council. The
building official shall be an ex officio member of and shall act as secretary to said board but shall
have no vote upon any matter before the board. The board shall adopt rules of procedure for
conducting its business and shall render all decisions and findings in writing to the appellant with
a duplicate copy to the building official.
IRC sections R112.2.1 and R112.2.2 are hereby deleted and repealed.
IRC section 112.3 is deleted and repealed.
IRC section R113.35 is amend a new section to read as follows:
R113.35 Criminal Penalties. Any person, firm or corporation violating the provisions of this
code shall be deemed guilty of misdemeanor, and upon conviction thereof shall be punished by a
fine of not more than three hundredone thousand dollars ($31,000.00), by imprisonment for not
more than one hundred eighty (180) days, or by both such fine and imprisonment. Each separate
day or any portion thereof during which any violation of this code occurs or continues shall be
deemed to constitute a separate offense, and upon conviction thereof shall be punishable as
herein provided.
IRC section D113 A i. deleted and repealed.
IRC section R114.1 and R114.2 lsare amended, and a new section R114.23 is added and
111.2 io renumbered to read as follows:
R114.1 Authority. Whenever the building official finds any work regulated by this code being
performed in a manner contrary to the provisions of this code or in a dangerous or unsafe
manner, the building official is authorized to issue a stop work order.
R114.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the
property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a
stop work order, the cited work shall immediately cease. The stop work order shall state the
reason for the order, and the conditions under which the cited work will be permitted to resume.
R114.3 Unlawful Continuance. Any person who shall continue any work after having been
served with a stop work order, except such work as that person is directed to perform to remove
a violation or unsafe condition, shall be subject to penalties as prescribed by law.
IRC section R202 Definition For "Townhouse" is amended to read as follows:
Townhouse is a single-family dwelling unit constructed in a row of attached units separated by
property lines and with open space on at least two sides.
IRC table R301.2(1) is amended to read as follows:
TABLE R301.2(1)
C DESIGN -CRITERIA
Ground Wind Seism' Subje INiat lee Peed Aif Mea
Snew Spee s ct To of Shield lHazaf Freezi n
Lead de Desig Gafna Desi Under dsh ng A
(FRPh R ge gf} - lndex j ual
Gateg PrOM Tem law% Tem
EHY-fig pf
RequiF
edi
Weathefi Frost Termit Mesa
nga viae es yd
Dept
hb
Ground G Sever 24 S to M Nene 4-0 No Peed 89 54A -
snow e inch to degfe plain 4 degfe
load — 20 es slight cs F efd- es F
psf (Pg). inane
(Further e
design effecti
for snow ve-4-
•
4►
•
41
4
O
•
41
4►
•
49
14
41
41
44
a
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44
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a1
414,
it1
44
41
41
•
•
441
•
44
41
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41
i
444
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41
41
44
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•
41
44
•
01
t
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409,
44
41
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4.
41
•
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411
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44
41
4
•
14
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41
•
41
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41
41
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41
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41
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41
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a4
fill in t '
determined from section R301.2.2.1.
# natio ce progfam (da
flood hazard.,) of the -currently
: ::: - - : -•-: ---- - -: munity, as
1,1
•
.3, R905.5.3, 8905-6.2, R005.7.3 and
R905,8,37fef-afeas-WherC the crage-daily-tompcfatufe in January is 25°F ( 4°C) or
of loo
part of thc table with "Yes." Otherwise, the
j diction -shall -fill in this -part of the" ."
j. The j ll fill int-' - - - : - - ! ! . - - - - -riod air
rom fig e -R403.3(2) or from thc 100 year (99%) value on the
nation _ ' •• _ ' . . . . . . . . :.. .. . , • - zing In °
k. The jurisdiction ch part o e moa
.- .- ':•- - -•- -- - --• - -- - .: - -- ins
�2° Fahrenheit)" at cf.html-
TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND WIND SEISMIC SUBJECT TO DAMAGE FROM WINTER ICE BARRIER AIR MEAN
DESIGN FLOOD
SNOW SPEEDd Frost DESIGN UNDERLAYMENTs FREEZING ANNUAL
LOAD (mph) CATEGORY' b Weathering' Termite` TEMP' REQUIREDh HAZARDS INDEX' TEMPI
9 depth -
Ground
th
Ground 90 EB Severe 24 S-te-M 10 NO Floodplain 10 51.1
Snow inches Slight degrees F Ordinance degrees F degrees F
Load=20 To effective
psf(pg). Modera 4-I7-84, and
(Further to FIRM maps
design for as currently
snow ado
Toads shall
be
determine
d in
accordanc
e with
Section 7
of ASCE
7, but the
design
roof load
shall not
be Tess
than a
uniform
snow load
of 25 psf.)
For SI: 1 pound per square foot=0.0479 kN/m.02, 1 mile per hour -1.609 km/h
a. Weathering may require a higher strength concrete or grade of masonry than necessary to
satisfy the structural requirements of this code. The weathering column shall be filled in with the
weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the
weathering probability map [figure R301.2(3)1. The grade of masonry units shall be determined
from ASTM C34, C55, C62, C73, C90, C129, C145. C216 or C652.
b. The frost line depth may require deeper footings than indicated in figure R403.1(1). The
jurisdiction shall fill in the frost line depth column with the minimum depth of footing below
finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending
on whether there has been a history of local subterranean termite damage.
d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind
speed map [figure R301.2(4)1. Wind exposure category shall be determined on a site-specific
basis in accordance with R301.2.1.4.
e. The outdoor design dry-bulb temperature shall be selected from the columns of 97 1/2 percent
values for winter from the ASHRAE-97 Handbook Of Fundamentals.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined
from Section R301.2.2.1.
Q. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry
into the National Flood Insurance Program (date of adoption of the first code or ordinance for
management of flood hazard areas), (b) the date(s) of the currently effective FIRM and FBFM,
or other flood hazard map adopted by the community, as may be amended.
h. In accordance with sections R905.2.7.1, R905.4.3.1. R905.5.3.1. R905.6.3.1. R905.7.3.1 and
R905.8.3.1. where there has been a history of local damage from the effects of ice damming, the
iurisdiction shall fill in this part of the table with "YES". Otherwise. the jurisdiction shall fill in
this part of the table with "NO".
i. The jurisdiction shall fill in this part of the table with the 100 -year return period air freezing
index (BF -days) from figure R403.3(2) or from the 100 -year (99%) value on the national
climatic data center data table "Air Freezing Index -USA Method (Base 32° Fahrenheit)" at
www.ncdc.noaa.gov/fpsf.html.
i. The jurisdiction shall fill in this part of the table with the mean annual temperature from the
National Climatic Data Center data table "Air Freezing Index -USA Method (Base 32°
Fahrenheit)" at www.ncdc.noaa.gov/fpsf.html.
IRC section R323 and 324 are is repealed. deleted. and replaced with the following:
Section R3234 Flood -Resistant Construction. All construction within flood hazard areas shall
be designed and constructed in accordance with title ten (10) Flood Control of the Eagle city
code.
IDC tionD602,n6isame:idedt
! . ; • • : ' :
. Alternate 'aced wall lire constructed in
accordance with one of the following pre4iri ons ,hall b eh 1 feet (1219
mm) a braced wall panel a, requir
-1. In one story buildings, each panel -shall have a length of not less -than 2 feet, g inches -(813
mm) and a height -of -net -mere -than 1 l shall be sheathed of one face
with -34 -inch minium thickness (9.5 rnm) weed ctural panel—sheathing nailed with °d
common or galvanized -box -nails in ae ordanee-Nvith table R602.3(1) and blocked at -all -weed
structural panel sheathing edges. Two anchor belts- inctallea iri rdance with figure R403.1(1)
,hall b 1. Ar.c at ooh panel
end shul have a t'e down -device fastened to the foundation, capable o g an uplift
: e e (816.5 kg). The tie down duce ,hell be installed -in aecordanee
with t'' manufaeterefs ret s. The panels shall be alpperted
directly o„ a found tion or on floor framing—supported directly on aeration which—is
continuouss the entire length of the -braced wall lint. This foundation shall-bc icln€ereed
with not lc ss thaw-one-ro. 1 bar top and bottom. N
have a depth greater than 12 inches (305 mrn), a minimum 12 inch by 12 inch (305 mm by 30
mm) continuous-feoting or turned dewi dab edge is permitted at d
wall line Thin continuous €e rned down shall be reinforced w th not less -than
ere no. 1 bar top and bottom. -• -•- . - -- - - . - .:: -1 15 inches (381 mm) with the
d ip t ndation loco d wall line:
2. Ir. the first torybuildings, each braced wall panel shalt ti'e i accerda= ce h
item 1 above, except that the woodsheathing shall ,
sheathing -edge -nailing -spacing shall not creed four inches or. center, at least three anchor bolts
shall bc placed at one quarter points, and tie down device uplift capacity shall not be -less -than
37090 pounds (-1-360,840.-
3.
1360,81Fg}:
3. Alt hat arch„de.,igncd in aeeerdanec with the "Boise City Wall
Bracing For Light Frame Residential—Construction" booklet shall ahs
IRC section R903.1 is amended to read as follows:
R903.1 General. Roof decks shall be covered with approved roof coverings secured to the
building or structure in accordance with the provisions of this chapter. Roof coverings shall be
designed, installed and maintained in accordance with this code and the approved manufacturer's
installation instructions such that the roof covering shall serve to protect the building or
structure.
IRC table R905.8.5 Wood Shake Material Requirements is amended and shall read as follows:
TABLE R905.8.5
WOOD SHAKE MATERIAL REQUIREMENTS
Material
Wood shakes of naturally durable wood
Taper sawn shakes of naturally durable wood
Preservative -treated shakes and shingles of naturally
durable wood
Fire -retardant -treated shakes and shingles of naturally
durable wood
Preservative -treated tapersawn shakes of southern
yellow pine treated in accordance with AWPA standard
C2 U1 (Commodity Specification A, Use Category 3B
and Section 5.6)
Minimum Applicable Grading
Grades Rules
1
1
1
1
1
Cedar shake and
shingle bureau
Cedar shake and
shingle bureau
Cedar shake and
shingle bureau
Cedar shake and
shingle bureau
Forest products
laboratory of the
Texas forest services
IRC table R905.8.6 Wood Shake Weather Exposure And Roof Slope is amended and shall read
as follows:
TABLE R905.8.6
WOOD SHAKE WEATHER EXPOSURE AND ROOF SLOPE
Roofing Material
Shakes of naturally durable
wood
Preservative -treated taper
Length
(Inches)
1 18
I 24
H18
Grade
No. l
INo.1
INo. 111
Exposure (Inches)
4:12 Pitch Or
Steeper
7 1/2
10a
7 1/2
sawn shakes of southern
Yellow pine
Taper -sawn shakes of
naturally durable wood
24 No. 1 10
!No. l
'No. t
I I
11
7 1/2
10
For SI: 1 inch = 25.4 mm.
a. For 24 -inch by 3/8 -inch hand split shakes, the maximum exposure is 7 1/2 inches.
(Ord. 506, 1-25-2005)
Section 4: That Title 7, Chapter 1, Article B, Section 7-1B-1, Eagle City Code be, and the
same is hereby amended as follows:
7-1B-1 INTERNATIONAL MECHANICAL CODE ADOPTED:
There is hereby adopted by the city the iInternational mMechanical eCode, 20096 edition, for the
purpose of prescribing regulations governing minimum standards and requirements for the use of
and the design, construction, installation, improvement, extension and alteration of materials,
piping, venting, fixtures, appliances and appurtenances in relation to mechanical systems as
defined by the }International mMechanical eCode, 20096 edition, and to provide that all systems
shall be designed, constructed, installed, improved, extended and altered in substantial accord
with the international mechanical code. (Ord. 432, 2 1 g 2993-)
Section 5: That Title 7, Chapter 1, Article B, Section 7-1D-2, Eagle City Code be, and the
same is hereby amended as follows:
7-1B-2: INTERNATIONAL FUEL GAS CODE ADOPTED:
There is hereby adopted by the city the iInternational fF'uel glias eCode, 20096 edition, to
provide minimum standards to safeguard life and limb, health, property and public welfare by
regulating and controlling the design, construction, installation, quality of materials, location,
operation and maintenance or use of fuel gas systems. (Ord. 132, 2 18 2003)
Section 6: That Title 7, Chapter 1, Article B, Section 7-1B-3, Eagle City Code be, and the
same is hereby amended as follows:
7-1B-3: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE:
The iInternational mMechanical eCode, 20096 edition, is hereby amended as follows:
A. Section 106.5.2 Fee schedule.
All buildings shall be subject to mechanical fees as established and set by resolution of the Eagle
City Council. A schedule of said fees is on file in the office of the City Clerk. (Ord. 432, 2-18-
2003)
Section 7: That Title 7, Chapter 1, Article D, Section 7-1D-1, Eagle City Code be, and the
same is hereby amended as follows:
7-1D-1: INTERNATIONAL FIRE CODE AND STANDARDS: There is hereby adopted by
the city for the purpose of prescribing regulations governing conditions hazardous to life and
property from fire or explosion, that certain code and standards known as the iInternational fFire
eCode, 20096 edition, including all amendments adopted as state law, and the international fire
code standards. One copy of the current edition of the iInternational €Fire eCode, appendix
chapters, and the Ilnternational €Fire eCode standards are on file in the office of the city clerk
and the same are hereby adopted and incorporated as fully as if set out at length herein; and from
the effective date hereof, the provisions thereof shall be controlling within the limits of the city.
(Ord. 1327-2 18 29034
Section 8: That this ordinance, or a summary thereof in compliance with Section 50-901A, Idaho
Code, shall be published once in the official newspaper of the City and shall take effect and be in
force upon its passage, approval, and publication.
Adopted by the Eagle City Council, Eagle, Idaho, on this day of , 2008.
CITY OF EAGLE, IDAHO
Ada County, Idaho ATTEST:
Phil Bandy Sharon K. Bergmann
Mayor City Clerk/Treasurer
RESOLUTION No. 08-09
A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO ADOPTING A
FEE SCHEDULE FOR THE PURPOSES OF SECTION TITLE 7, CHAPTER 1 A OF
THE EAGLE CITY CODE FOR GRADING PERMITS AND PLAN REVIEW FEES;
AND, PROVIDING AN EFFECTIVE DATE.
WHEREAS, public notice for a public hearing for the grading permit and plan
review fee schedule was published in The Valley Times as required by Idaho Code;
WHEREAS, a public hearing on the building permit review fee schedule was held
on March 21, 2008;
WHEREAS, the City Council has determined that it is in the best interest of the
inhabitants of the City of Eagle to adopt the grading permit fee schedule;
WHEREAS, the City Council has approved the adoption of a fee schedule
pursuant to the 2006 International Building Code, Appendix J, Section J103.1.1.1 for
grading permits by this Resolution;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE, IDAHO.
Section 1: Said building permit fee schedule substantially in the form attached
hereto as Exhibit A is hereby incorporated herein by this reference and is hereby
approved.
Section 2: The Mayor and City Council are hereby authorized to execute said
schedule for and on behalf of the City of Eagle.
Section 3: This Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the Council of the City of Eagle, Idaho, this day of March, 2008.
CITY OF EAGLE
Ada County, Idaho
Phil Bandy
Mayor
Attest:
Sharon K. Bergmann,
City Clerk
(Seal)
K:\Building Dept\Base Docs12006 Code Adoption\RESOLUTION No. 08-09 Grading Fees.doc
Exhibit A
City of Eagle, Idaho
As adopted by the City Council under Resolution 08-09
City of Eagle Grading Permit Fee Schedule
Plan Review Base Fee $250.00
Grading Permit Base Fee $100.00
Per Lot Fee Review Plan Review Permit
Deposit
Up to R-2 Zone $50.00 $50.00
R-1 Zone $75.00 $75.00
R -E Zone $100.00 $100.00
A & AR Zone $100 Per hourly $100.00
Rate
IDAHO DIVISION OF BUILDING SAFETY
POLICY WITH RESPECT TO ENFORCEMENT
Re: IDAPA 07.03.01.004
Rules of Building Safety
Applicable Building Codes
IDAPA 07.03.01.004, adopting the 2006 editions of the International Building.
Residential, and Energy Conservation Codes, was duly promulgated by the Building
Code Board and became effective on adjournment of the legislative session.
Unfortunately, implementation of the provisions of these codes has proved problematic,
with practical implications for the construction industry as well as the state and local
enforcement agencies. In addition, local jurisdictions that have adopted their own code
enforcement programs must now consider the ramifications of these codes on those
programs.
Industry -related concerns, specifically the sprinkler requirements for some occupancy
levels as set forth in the 2006 Edition of the International Building Code, have been the
subject of much discussion. Earlier in the session, industry representatives indicated that
a legislative proposal would be introduced to address the identified concerns. Had such a
proposal been enacted, the rules would not have been approved. When the proposal was
not forthcoming, the duly promulgated rules were approved by legislative action.
Unfortunately, the concerns of industry and local enforcement officials remain
unresolved. At this point, the Division of Building Safety is being asked to take steps to
address these concerns. In order to do so, the Division considered several possible
courses of action.
In an attempt to address the concerns that have been raised, the Division of Building
Safety has determined that it will commence immediate enforcement of the 2006
International Building, Residential, and Energy Conservation Codes, as set forth in
IDAPA 07.03.01.004, with one exception. The exception is that, with respect to
enforcement of the International Building Code, fire sprinkler systems shall not be
required in fire areas containing Group R-2 occupancies where the building contains four
or fewer dwelling units or sleeping units where such requirements are based only on the
Group R occupancy classification.
Any questions or concerns regarding the implementation of this policy should be referred
to C. Kelly Pearce, Administrator, Division of Building Safety. This policy is adopted
the date set forth below and will remain in full force and effect until such time as IDAPA
07.03.01.004 is revised or rescinded or otherwise amended either by rule or by statute.
DATED: April 23, 2007
C. Kelly Pearce, Administrator
Division of Building Safety
HOUSE B1I.I: NO. 137 - Building codes, certain. date chngs Page 1 of 3
HOUSE BILL NO. 137
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I I, l r.1 111.1 IL.. a 1, Il 11 ..11‘ lr1..I rll .4 618 1.(,$147 lkl{L11+1 ,//L{/1.{.{Il/16 Il..h[ {V OY. IV ✓r. 1-4.
Bill Status
H:_ by BUSINESS
- Amends existing law to provide a date change regarding
variu.. h.i._Jing Lodes; and Lo provide for adoption of the 200E
International Residential Energy Conservation Code as published by the
International Code Council.
02/08 !-louse antra - is rdq - to printing
02/09 Rpt prt - to Env
02/23 Rpt out - rec d/p - :o 2nd rdg
02/26 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED -
AYES -- Anderson, Andrus, Barret" Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Eclmunson, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Raybould, Ring, Ringo, Roberts, F chti, Rusche, Sayler, Schaefer,
Shepherd(2), Shepherd(k, Shirley, Sh_ve'v, Soith(30), Smith(24),
Snodgrass, S^I?.;.erl :in, Tha_ u, Trail, Vander ycuoe, Wills,
Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- None
Floor Sponsor - LeFavour
lit ie apvd - to Senate
03/01 Senate intro - 1st rdq - to Com/HuRes
03/09 Rpt out - rec d/p - to 2nd rdg
03/12. 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 35-0-0
AYES -- Andr.eason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Gedds,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst:,
Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder., Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- None
Floor Sponsor - McKenzie
Title apvd - to House
03/19 To enrol - Rpz enrol - Sp signed
03/29 Pres signed - To Governor
03,26 Governor signed
http:/1w\,w3.state.id.us/oasis/H0137.htm1 412/2007
HOUSE BILL NO. 137 - Building codes, certain, date chngs Page 2 of 3
Session Law Chapter 104
Effective: 07/01;07
Bill Text
]]]] LEGISLATURE OF THE STATE OF IDAHO ]}]]
Fifty-ninth Legislature First Regular Sessior. - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE B_' .I `•i
BY BUSINESS COMMITTEE
1 AN ACI'
2 RELATING TO BUILDING CODES; AMENDING SECTION 39-4109, IDAHO CODE, TO PROVIDE A
3 DATE CHANGE REGARDING VARIOUS CODES, TO PROVIDE FOR THE ADOPTION OF THE
4 2006 INTERNATIONAL RESIDENTIAL ENERGY CONSERVATION CODE AS PUBLISHED BY
5 THE INTERNATIONAL CODE COUNCIL AND TO MAKE A TECHNICAL CORRECTION.
6 Be It Enacted by the Legislature of t_ih:,.= State cf Idaho:
7 SECTION 1. That Section 39-4109, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-4109. APPLICATION OF CODES. The following codes are hereby adopted
1C effective January 1, 20038, for the state of Idaho division of building safety
11 and shall only be applied by local governments as prescribed by section
12 39-4116, Idaho Code:
13 (1) The 2003 International Building Code:
14 (a) Including appendices thereto pertaining to building accessibility;
15 (b) Excluding the incorporated electrical codes, mechanical code, fuel
16 gas code, plumbing codes, fire codes or property maintenance codes other
17 than specifically referenced subjects or sections of the International
18 Fire Code;
?9 ('=' Including t.:o enc.,_ ra`_ .-1 Ir.. -_.._o ial Residential Code, part.` I,
20 Imo, III, IV and IX; International Energy Conservation Code; and rules pro -
21 rrulgated by the board to provide equivalency with the provisions of the
22 Americans with disabilities act accessibility guidelines ana the fair
23 housing act accessibility guidelines shall be included; and
24 (d) '-replacing section 903.2.7 of the 2003 International Building
25 =h sections 90x.2.7, 903.2.8 and 903.2.9 of the ,2000 International
26 i3uilding Code, which pertain to tier sprinklers ir. group R occupancies.
(2) The 2007 InO nat:'onal Residential Code as published by the Interna -
28 tionai Code Council, except for parts V, V_, VII and VIII as they pertain t;
29 mechanical, fuel gas, plumbing and electrical requirements;
30 (3) The 20036 International Energy Conservation Code as pub]zshed by the
31 International Code Council AL -L. 1„
32 t,77„=11/ YClr, 04.1 _.u,/.
33 ✓/1.1� . t�... P.; and
34 (4) The existing 2003 International Building Code as published by the
35 -ntetl ationa' Cc ._ __ ..., il.
Statement of Purpose / Fiscal Impact
http://www3.state.id.us/oasis/HO137.himI 4%2/2007
HOUSE BILL NO. 137 - Building codes, certain, date chngs Page 3 of 3
STATEMENT OF PURPOSE
RS 16887
The purpose of this legislation is to adopt the 2006 International
Energy Conservation Code. The International Energy Conservation
Code has been revised for energy efficiency and to make it more
user-friendly for designers and builders.
FISCAL NOTE
No fiscal impact to the state or local governments.
Contact
Name: Ken Baker, Association of Idaho Cities
Phone: 861-5736
STATEMENT OF PURPOSE/FISCAL NOTE H 137
http://www3.state.id.us/oasis/H0137.html 4/2/2007
HOUSE BILL NO. 480 - HVAC, codes, competency certificate Page 1 of 4
HOUSE BILL NO. 480
View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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Bill Status
H0480 by BUSINESS
HEATING, VENTILATION AND AIR CONDITIONING - Amends existing law relating to
heating, ventilation and air conditioning systems to provide for revised
code editions; to permit the Idaho Heating, Ventilation and Air
Conditioning Board to adopt revisions and later editions of the code; to
revise an exception to certificate of competency requirements; and to
define a term.
02/07 House intro - 1st rdg - to printing
02/08 Rpt prt - to Bus
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 52-10-8
AYES -- Anderson, Andrus, Bayer, Bedke, Bell, Bilbao, Block, Bock,
Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Henbest,
Henderson, Jaquet, Killen, King, Labrador, LeFavour, Loertscher,
Marriott, Mathews, McGeachin, Mortimer, Nielsen, Nonini,
Pasley-Stuart, Patrick, Pence, Ringo, Ruchti, Rusche, Sayler,
Schaefer, Shively, Smith(24), Smith(30)(Stanek), Stevenson, Thomas,
Trail, Mr. Speaker
NAYS -- Barrett, Harwood, Kren, Luker, Raybould, Shepherd(08), Thayn,
Vander Woude, Wood(27), Wood(35)
Absent and excused -- Black, Lake, Moyle, Roberts, Shepherd(02),
Shirley, Snodgrass, Wills
Floor Sponsor - Patrick
Title apvd - to Senate
02/29 Senate intro - 1st rdg - to Com/HuRes
03/14 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Pearce
Floor Sponsor - Broadsword
Title apvd - to House
03/18 To enrol - Rpt enrol - Sp signed
http://www3.state.id.us/oasis/H0480.html 3/31/2008
HOUSE BILL NO. 480 - HVAC, codes, competency certificate Page 2 of 4
03/19
03/20
03/25
Pres signed
To Governor
Governor signed
Session Law Chapter 255
Effective: 07/01/08
Bill Text
]]]] LEGISLATURE OF THE STATE OF IDAHO 1]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 480
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO INSTALLATION OF HEATING, VENTILATION AND AIR CONDITIONING SYSTEMS;
3 AMENDING SECTION 54-5001, IDAHO CODE, TO PROVIDE FOR REVISED CODE EDITIONS
4 AND TO PERMIT THE IDAHO HEATING, VENTILATION AND AIR CONDITIONING BOARD TO
5 ADOPT REVISIONS AND LATER EDITIONS OF THESE CODES; AND AMENDING SECTION
6 54-5002, IDAHO CODE, TO REVISE AN EXCEPTION TO CERTIFICATE OF COMPETENCY
7 REQUIREMENTS AND TO DEFINE A TERM.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 54-5001, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 54-5001. DECLARATION OF POLICY. The purpose of this chapter is to ensure
12 that installation of all heating, ventilation and air conditioning systems in
13 the state of Idaho shall be in accordance with the 20036 International Mechan-
14 ical Code as published by the International Code Council, the 20036 Interna -
15 tional Fuel Gas Code as published by the International Code Council, and parts
16 V and VI of the 20036 International Residential Code as published by the
17 International Code Council, applicable to the industry and including amend -
18 ments, revisions and later editions of these codes as adopted by the Idaho
19 heating, ventilation and air conditioning board. Nothing in this chapter shall
20 require a local government to adopt or implement a mechanical inspection pro -
21 gram unless such local government chooses to do so by an ordinance duly
22 adopted. By January 1, 2005, local governments that issue mechanical permits
23 and perform mechanical or fuel gas enforcement activities shall, by ordinance,
24 adopt and enforce the codes as prescribed by this chapter.
25 SECTION 2. That Section 54-5002, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 54-5002. EXCEPTIONS. Certificate of competency requirements of this chap -
28 ter shall not apply to:
29 (1) Any person who installs or maintains a heating, ventilation and air
30 conditioning system in a single or duplex family dwelling, including accessory
31 buildings, quarters and grounds in connection with such dwelling; provided
32 that such person owns or is a contract purchaser of the premises; and provided
33 further that such person shall comply with the standards and rules applicable
http://www3.state.id.us/oasis/H0480.html 3/31/2008
HOUSE BILL NO. 480 - HVAC, codes, competency certificate Page 3 of 4
34 to heating, ventilation and air conditioning installation or repairs as pro -
35 vided in this chapter.
36 (2) Farm buildings located outside the incorporated limits of
37 any city; and a farm building is hereby defined to be an structure located on
38 agricultural rhich t/..„ „„„„-lit Lhe
39
11V1..11J3NIAb. zoned property
40 and designated and constructed to house farm implements, hay, grain, poultry,
41 livestock or other horticultural products and includes sheds, barns, corrals
2
1 or fences. This definition does not include a place for human habitation or a
2 place of regular employment where acrricultural products are extracted, proc-
3 eased, treated or packaged; a place used by the public; or conditioned live -
4 stock housing.
5 (3) Logging, mining or construction camps when heating, ventilation or
6 air conditioning installations are made to conform to the recommendations of
7 the department of health and welfare.
8 (4) Work on heating, ventilation or air conditioning systems on premises
9 owned or operated by an employer who regularly employs maintenance or con -
10 struction heating, ventilation and air conditioning journeymen, provided that
11 alterations, extensions and new construction shall comply with the minimum
12 standards and rules applicable to heating, ventilation and air conditioning
13 practices in accordance with the provisions of this chapter.
14 (5) Modular buildings, as defined in section 39-4301, Idaho Code, that
15 are constructed in the state of Idaho for installation on building sites out -
16 side the state; provided however, that no modular building shall be installed
17 on a building site in the state of Idaho until it has been approved and bears
18 the insignia of approval of the division as being in compliance with the
19 requirements set forth in section 39-4304, Idaho Code.
Statement of Purpose / Fiscal Impact
STATEMENT OF PURPOSE
RS 17375C1
The proposed legislation provides revisions to Section 54-5001,
Idaho Code, adopting the 2006 codes in lieu of the 2003 versions,
which dovetails with the other 2006 International Codes that have
already been adopted; and provides the Idaho Heating, Ventilation,
and Air Conditioning Board the authority to adopt subsequent
editions of these codes. Revisions to Section 54-5002, Idaho Code,
update the definition of a "farm" to be consistent with the
definition found in building codes utilized in Idaho.
FISCAL NOTE
There will be no fiscal impact from the passage of this
legislation.
Contact
Name: Steve Keys, Division of Building Safety
http://www3.state.id.us/oasis/H0480.html 3/31/2008
nUU 3t1 ts1LL INU. 41SU - HVAC, codes, competency certificate Page 4 of 4
Phone: 332-8986
STATEMENT OF PURPOSE/FISCAL NOTE H 480
http://www3.state.id.us/oasis/H0480.html 3/31/2008
SENATE BILL NO. 1396 - Building Code Bd, amend bldg codes Page 1 of 3
SENATE BILL NO. 1396
View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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TI.; J(rli�►v�.all I0a1.a0 _J rr sa 461,C•t1►, `n6Ti Y.4. 6I s�L. �e� a :g t A. Lir. r .,r�ity rC rs
Bill Status
S1396 by COMMERCE AND HUMAN RESOURCES
BUILDING CODES - Amends existing law to provide the Idaho Building Code
Board the authority to amend specified building codes; and to revise
certain building code references.
02/08 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Com/HuRes
Bill Text
]]]] LEGISLATURE OF THE STATE OF IDAHO ])]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE SENATE
SENATE BILL NO. 1396
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO BUILDING CODE BOARD; AMENDING SECTION 39-4107, IDAHO
3 CODE, TO PROVIDE THE IDAHO BUILDING CODE BOARD THE AUTHORITY TO AMEND
4 SPECIFIED CODES; AND AMENDING SECTION 39-4109, IDAHO CODE, TO REVISE CER -
5 TAIN REFERENCED CODE REVISIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 39-4107, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-4107. POWERS AND DUTIES. (1) The board shall continually study the
10 operation of adopted codes, standards and rules relating to the construction
11 of buildings or facilities under the jurisdiction of the division to ascertain
12 their effect upon the public safety and shall support an ongoing effort to
13 promote the uniform adoption, application and interpretation of safety, acces-
http://www3.state.id.us/oasis/S1396.html 2/13/2008
t1NAlt BILL NU. 1396 - Building ('ode 13d. amend bldg codes
Page 2 of 3
14 sibility and building codes statewide. The board shall have the authority to
15 adopt, amend and enforce the codes specified in section 39-4109, Idaho Code,
16 or later editions of such codes, and to promulgate rules in accordance with
17 chapter 52, title 67, Idaho Code, to implement the provisions of this chapter.
18 (2) The board shall function as a board of appeals for the division as
19 prescribed in the adopted building code. The board shall have no authority to
20 waive any requirements of the codes enumerated in this chapter or in rules
21 promulgated pursuant to this chapter. Provided further:
22 (a) The decisions of the board shall be final, and the board shall render
23 all decisions and findings in writing to the appellant and the administra-
24 tor within ten (10) working days of the conclusion of a hearing; and
25 (b) For each appeal brought before the board, the chairman shall appoint
26 not less than three (3) members of the board to hear the appeal and render
27 a decision and finding in the name of the board.
28 (3) The board shall utilize experts, consultants, and technical advisors
29 for assistance and recommendations relative to codes, standards, and appeals.
30 (4) The administrator may make building code inspections for another
31 state or local jurisdiction upon request by an appropriate building official.
32 Such inspections shall be made in accordance with the applicable building
33 codes of the requesting jurisdiction. Fees charged for such inspection ser -
34 vices shall be as provided in rules promulgated by the board pursuant to chap -
35 ter 52, title 67, Idaho Code.
36 (5) Notwithstanding the exemptions provided in subsection (4)(b) of sec -
37 tion 39-4103, Idaho Code, the administrator may make inspections of modular
38 buildings constructed in Idaho upon written request from the manufacturer.
39 (a) Such inspections shall be made in accordance with the codes adopted
40 in this chapter.
41 (b) Inspection fees shall be as provided in section 39-4303, Idaho Code.
42 (c) The administrator of the division of building safety may issue an
43 insignia of approval if the buildings are in compliance with the require -
2
1 ments set forth in chapter 43, title 39, Idaho Code.
2 SECTION 2. That Section 39-4109, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 39-4109. APPLICATION OF CODES. The following ccdes are hereby adopted
5 effective January 1, 2008, for the state of Idaho division of building safety
6 and shall only be applied by local governments as prescribed by section
7 39-4116, Idaho Code:
8 (1) The 20036 International Building Code:
9 (a) Including appendices thereto pertaining to building accessibility;
10 (b) Excluding the incorporated electrical codes, mechanical code, fuel
11 gas code, plumbing codes, fire codes or property maintenance codes other
12 than specifically referenced subjects or sections of the International
13 Fire Code;
14 (c) Including the incorporated International Residential Code, parts I,
15 II, III, IV and IX; International Energy Conservation Code; and rules pro -
16 mulgated by the board to provide equivalency with the provisions of the
17 Americans with disabilities act accessibility guidelines and the fair
18 housing act accessibility guidelines shall be included; and
19 (d) Replacing section 903.2.7 of the 20036 International Building Code
20 with sections 903.2.7, 903.2.8 and 903.2.9 of the 2000 International
21 Building Code, which pertain to fire sprinklers in group R occupancies.
22 (2) The 20036 International Residential Code as published by the Interna -
23 tional Code Council, except for parts V, VI, VII and VIII as they pertain to
24 mechanical, fuel gas, plumbing and electrical requirements;
25 (3) The 2006 International Energy Conservation Code as published by the
26 International Code Council; and
http://www3.state.id.us/oasis/S1396.html 2/13/2008
OE1Vti1 L DILL INU. i.syb - building Lode 13d, amend bldg codes
Page 3 of 3
27 (4) The i 20036 International Existing Building Code as published
28 by the International Code Council.
Statement of Purpose / Fiscal Impact
STATEMENT OF PURPOSE
RS 17407C1
The proposed legislation provides a revision to Section 39-4107,
Idaho Code, giving the Building Code Board authority to amend
adopted codes. The proposed legislation also revises Section
39-4109, Idaho Code correcting references to the specific editions
of building codes in effect in the State of Idaho. The need for the
code reference corrections results from the enactment of House Bill 137
last legislative session. House Bill 4137 inadvertently changed the
effective dates of the 2003 International Building Code and other codes
to January 1, 2008, when, in fact, those affected codes were effective
January 1, 2005. The Building Code Board had since legally adopted the
2006 versions of these codes, and reverting to the earlier versions would
be counterproductive and costly to affected industries and jurisdictions.
FISCAL NOTE
There will be no fiscal impact from the passage of this legislation.
CONTACT
Name:
Agency:
Phone:
Steve Keys
Building Safety
332-8986
STATEMENT OF PURPOSE/FISCAL NOTE S 1396
http://www3.state.id.us/oasis/S1396.html 2/13/2008
ORDINANCE No. 593
AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, A MUNICIPAL CORPORATION OF
THE STATE OF IDAHO, ENACTING TITLE 7, CHAPTER 4 OF THE EAGLE CITY CODE
ADOPTING THE 2006 INTERNATIONAL ENERGY CONSERVATION CODE;AND
PROVIDING AN EFFECTIVE DATE FOR ADOPTION.
WHEREAS, the Idaho House of Representatives, The Idaho State Senate and the Office of the
Governor, have adopted the 2006 International Energy Conservation Code and
WHEREAS, the City Eagle, Idaho finds that the adoption of the 2006 International Energy
Conservation Code, will safeguard health, property and provide optimal utilization of fossil fuel
resources and innovative approaches and techniques for the effective use of energy to the public
and the Eagle City Council has deemed it to be in the best interest of the City of Eagle.
WHEREAS, the City of Eagle is a municipal corporation organized and operated under the laws
of the State of Idaho;
WHEREAS, the City by Ordinance 453 repealed and deleted the prior Title 7, Chapter 4.
NOW, THERFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, ADA COUNTY, IDAHO;
Section 1. That Title 7 Chapter 4, Eagle City Code, be, and the same is hereby enacted
with the following:
CHAPTER 4
ENERGY CONSERVATION STANDARDS
INTERNATIONAL ENERGY CONSERVATION CODE
SECTION:
7-4-1:Short title and purpose
7-4-2: Codes Adopted
7-4-3: Fees
7-4-4: Violations
7-4-5: Amendments
Section 7-4-1 PURPOSE
The purpose of this Chapter is to establish minimum regulations for energy-efficient buildings
using prescriptive and performance -related provisions. The provisions of this Chapter shall
regulate the design of building envelopes for adequate thermal resistance and low air leakage,
including the design and selection of mechanical, service water -heating and electrical equipment
and/or systems enabling an effective use of energy in new building construction.
1
Section 7-4-2: CODES ADOPTED, All rules, regulations and ordinances applying to the
design, construction, quality of materials, erection, installation, alteration, repair, location,
relocation, replacement, addition to, use or maintenance of the building envelope, mechanical,
service water -heating and lighting systems, contained in book and in code form, designated as
the 2006 Edition of the International Energy Conservation Code (IECC), published under the
authority of the International Code Council, Inc., together with the appendix, is ratified and
adopted, except as said rules and regulations are hereby changed, altered and amended by this
Ordinance. The 2006 Edition of the International Energy Conservation Code, together with the
appendix and amendments pursuant to this ordinance, shall be known as the Energy Code of the
City of Eagle. One (1) copy of the 2006 Edition of the International Energy Conservation Code
shall be filed for use and examination by the public in the office of the City Clerk. All provisions
in this chapter shall be effective as of February 1, 2008.
Section 7-4-3 FEES
The fees for residential inspection verifying for compliance with the Energy Code shall be
assessed in accordance with the City of Eagle building permit fees adopted October 10, 2007 and
any subsequent amendments.
Section 7-4-4 VIOLATIONS
Violations of any provision of the Energy Code identified by the Building Official shall be subject to
enforcement under provisions of Section 113 of the International Building Code or Section R113 of the
International Residential Code and as further stated in Title 7, Chapter 1, of the Eagle City Code.
Section 7-4-5 IECC AMENDMENT, SECTION 201.3
IECC Section 201.3 is amended to read as follows:
201.3 Terms defined in other codes. Where terms are not defined in this code and are defined
in the currently adopted editions in the International Building Code, National Electrical Code,
International Fire Code, International Fuel Gas Code, International Mechanical Code or the
Uniform Plumbing Code, such terms shall have meanings ascribed to t hem as in those codes.
Adopted by the Eagle City Council, Eagle, Idaho, on this day of , 2008.
CITY OF EAGLE, IDAHO
Ada County, Idaho
Phil Bandy
Mayor
ATTEST:
Sharon K. Bergman
City Clerk/ Treasurer
K:\Building Dept\Base Docs12006 Code Adoption12006 IECC ORDINANCE No 593.doc
2
ORDINANCE NO. 601
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, REPEALING
ORDINANCE NO. 571, ADOPTED ON OCTOBER 24, 2007, CREATING LOCAL
IMPROVEMENT DISTRICT NO. 2007-1; PROVIDING FOR RELATED MATTERS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Ada County, Idaho (the "City"), is a municipal
corporation organized and operating under the laws of the State of Idaho and is authorized by
Idaho Code Title 50, Chapter 17, to create local improvement districts for public improvements,
and to finance said improvements by the issuance and sale of local improvement district bonds or
warrants, which bonds or warrants are payable solely from assessments upon the property
benefited thereby; and
WHEREAS, the City Council (the "Council") of the City by Ordinance No. 571, adopted
on October 24, 2007, created Local Improvement District No. 2007-1 for the purpose of
financing certain public improvements generally described as the acquisition of public water
supply and conveyance facilities, and other related expenses; and
WHEREAS, the Council desires to repeal Ordinance No. 571.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF EAGLE, ADA COUNTY, IDAHO, as follows:
Section 1: The Council hereby finds and declares Ordinance No. 571, adopted on
October 24, 2007, is repealed in its entirety.
Section 2: This Ordinance shall be published once in the official newspaper of the
City and shall take effect and be in full force immediately upon its passage, approval, and
publication.
DATED this day of , 2008.
CITY OF EAGLE
Ada County, Idaho
By
Mayor
ATTEST:
City Clerk
(SEAL)
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