Loading...
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. Page 1 K:\COUNCIL\MINUTES\Temporary Minutes Work Area\CC-OJ-JI-08spmtnmin.doc 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: Page 2 K\CQUNClL\MINUTES\Temporary Minutes Work Area\CC-03-31-08spmtnmin doc ~(YH_K-~ SHARON K. BERGMANN CITY CLERK/TREASURER ".......,..... .", f EAn, ... ....1 0........ .1::' .... ," -... .... .: .f:.. ~oRA 7'~.. '. = vl o~ .~.. : : u .' _: : . . , \.. ..... . -. IIlr... 01.0' :... SG ~..... : .. e. P Q...~'" ~ . h <\"'. ....-.: *' ...re ... . _ .. ':. .. O.p().\I.... ~ ~ .... *'# J'l' ...... '\ V .... ####" '" TE Of ",..,,, '""......", A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT EAGLE CITY HALL Page 3 K\COUNCIL\MlNUTES\Temporary Minutes Work Area\CC-03-31-08spmtnmindoc ,!'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 •• 4► 44 4► a1 414, it1 44 41 41 • • 441 • 44 41 ► •4 41 i 444 ♦ 4 41 41 44 n► • • 41 41 •1 4 • 41 44 11 a4 44 44 ► O • 44 • • • • • 41 44 • 01 t ► 409, 44 41 •4 • 4. 41 • 4► 411 • 4► 44 41 4 • 14 •1 41 • 41 • 41 41 • 4, 41 44 41 1 • 41 41 44 4 a 44 44 4) • 44 A • • ► 4► 4 4r • 44 44 •1 44 • ► 41 41- • 4► • • 41 ► 41 41 a • • 410 41 41 • •1 4, 4, • 41 • 4► • 4, • 41 41 • A l4 44 44 44 4, • 41 44 iv 44, • a • • 44 41 41 4 44 4r 4 • 44 • 41 4 • • 41 ► • • 44 41 44 44 1 41 44 a•at 44 4► 41 • 41 41 41 44 • • • • 11 a ► 4 4r 44 A 4► 41 44 • • 41 40 • 41 41 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 View Bill Status View Bill Text View Statement of Purpose / Fiscal Impact Text to be added within a bill has been marked with Bold and Underline. Text to be removed has been marked with Strikethrough and Italic. How these codes are actually displayed will vary based on the browser software you are using. This sentence is marked with bold and underline to show added text. 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 Text to be added within a bill has been marked with Bold and Underline. Text to be removed has been marked with Strikethrough and Italic. How these codes are actually displayed will vary based on the browser software you are using. This sentence is marked with bold and underline to show added text. 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 Text to be added within a bill has been marked with Bold and Underline. Text to be removed has been marked with Strikethrough and Italic. How these codes are actually displayed will vary based on the browser software you are using. This sentence is marked with bold and underline to show added text. 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) Page 1 eCeeCS Star T TEJI 'VY 441- CI) 4 .. O LAS 0 zc9 O MO FLICKE 0 O W z 5 53 m Vicinity Sketch Facilities near the City of Eagle Avr ados•�c c e HOMER GRAY TEA 1 $3" BE ON LIGHT W Z Beaco fight NIGHT HAWK Y` Z 0. 0 CC 2 4. bRIIVEWAY 0 HEIKES ULCH i- {_ �� ul o� B ZOOKSIDE �l PEAR & p.. 0 RUSH O z WA'SHA Z t rt - L. NCE 4,012 5 w 0 w DRY CREEK -202,5 d BURNS-- , -RA/RIE >- 0 NEPHIFoto 0 . p ER z R EREFORD ce0. RINGS 10 AQ 0 W, � ) O 2 ARNOLD Li Az O m' UdH DUCK ALLE i- DAPHNE o —Dine #710 / 230kV 3 Trr I f G HATC RY z a D .6 0 ce AtY �t RIVER F4 I c HTS RIBIER 'A LAMAEDN HILL R CLEAR C Z EK BOGUS VIEW S`Y�X US HLA Y20 CLEi4\fIVUE PUN SU RBERRY EST OL E <_ • GILLI •OBI Legend . Distribution Substation Transmission line Sub -tzuvu pad qi so ryl.ek..toctA- OAKH UNNAMED FREETF z 0 E2 n,, Lille #459 / 13810/-6u o > 0 0 1 Y 0 LI j O STAR SUI4MERR/DGE GOLD NT JASMIN USTI =K ESL IE W of GRANGER CUP 19q JAV- i151,f.560 .. C�uQ� d Traiu)prrtoA-6- etunotts2ze_vftto aqvciX.. Q m1111) n Otitet2S2-1162r4,300 4 4„,-,, -:,600Feet I 1 1 1 1 1 r 1