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Ordinance - 2008 - 588 - Adopt 2006 International Building Code - 05/13/2008 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; ADOPTING THE CURRENT PUBLICATION OF THE INTERNATIONAL FIRE CODE; ADOPTING THE CURRENT PUBLICATION OF THE INTERNATIONAL MECHANICAL CODE; ADOPTING 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 ofIdaho; 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: Page 1 of 29 K:\COUNCILIDraft Ordinances\Ordinance 588 ok.doc International building code, 200J.~ 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 fResidential eCode, 200J.~edition, parts I-IV and IX. International energy conservation code, 2003 _edition. 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 A 17.1-1996, 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 seetion 101.2 Exception 2 is hereby deleted and repealed. 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: Page 2 of 29 K:\COUNCIL\Draft Ordinances\Ordinance 588 ok.doc 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 Page 3 of 29 K:\COUNCIL\Draft Ordinances\Ordinance 588 ok.doc 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: Page 4 of 29 K:\COUNCILIDraft Ordinances\Ordinance 588 ok.doc 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, Fl, F2, M, SI, 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. Page 5 of29 K\COUNCIL\Draft Ordinances\Ordinance 588 ok. doc 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 Page 6 of 29 K:\COUNCIL\Draft Ordinances\Ordinance 588 ok.doc 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, ill 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 any 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 copv provided to the Applicant and any parties of record. The decision by the Board may be appealed to the City Council within ten calendar (10) days following the date of issuance of a written decision. Page 7 of 29 K:\COUNCIL\Draft Ordinances\Ordinance 588 ok.doc 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 tMee hundred one thousand dollars ($J..LQOO.OO), 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 any 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 Appeal 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 by 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 by 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 by 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 Page 8 of 29 K:\COUNCIL\Draft Ordinances\Ordinance 588 ok.doc 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 by 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, 2-112 years of age or less, shall be classified as a group 1-4. 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-l, 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. Page 9 of 29 K:\COUNCIL\Draft Ordinances\Ordinance 588 ok.doc 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 I J Minimum Applicable Material Grades Grading Rules I Wood shakes of naturally durable wood II 1 II CSSB I Taper sawn shakes of naturally durable JI 1 II CSSB I wood Preservative-treated shakes and shingles JI 1 II CSSB I of naturally durable wood F ire- retardant -treated shakes and JI I II CSSB I shingles of naturally durable wood Preservative-treated tapersawn shakes of southern yellow pille treated ill accordance with A WP A standard G2- U 1 I TFS (Commodity Specification A, Use Category 3B and Section 5.6 CSSB = Cedar shake and shingle bureau. TFS = Forest products laboratory of the Texas forest services. Page 10 of29 K:\COUNCIL\Draft Ordinances\Ordinance 588 ok doc 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 Exposure Roofing Material Length Grade (Inches) 4: 12 (Inches) Pitch Or Steeper Shakes of naturally C[~I NO.1 II 7.5 I durable wood NO.1 10a Preservative treated I 18 I NO.1 II 7.5 I taper sawn shakes of 24 NO.1 10 southern yellow pine Taper-sawn shakes of I 18 II NO.1 II 7.5 I naturally 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 Beise-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 tIitle tIen (10) Flood Control of the Eagle city code and shall be designed and constructed in accordance with that ordinance. 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 (3048 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 Page 11 of29 K\COUNCIL\Draft Ordinances\Ordinance 588 ok.doc 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 seetion 2308.9.3.1 is amended by adding item #3 as follov~'s: 2308.9.3.1 i"..lternate Braeing. Any bracing required by section 2308.9.3 is permitted to be replaced by the following: 1. In one story buildings, each panel shall have a length of not less than 2 feet 8 inches (813 mm) and a height of not more than 10 feet (3018 mm). Each panel shall be sheathed on one face '.vith 3/8 inch minimum thiclmess (9.5 mm) '<'lood structural panel sheathing nailed with 8d common or galvanized box nails in accordance with table 2301.9.1 and blocked at wood structural panel edges. Two anchor bolts installed in accordance '<'lith section 2308.6 shall be provided in each panel. L^~nchor bolts shall be placed at each panel outside quarter points. Each panel end stud shall have a tie dovm device fastened to the foundation, capable of pro','iding an approved uplift capacity of not less than 1,800 pounds (8006N). The tie do\vn device shall be installed in accordance with the manufacturer's recommendations. The panels shall be supported directly on a foundation or on floor framing supported directly on a foundation that is continuous across the entire length of the braced 'Nail line. This foundation shall be reinforced ',vith not less than one no. 1 bar top and bottom. V/here the continuous foundation is required to have a depth greater than 12 inches (305 mm), a minimum 12 inch by 12 inch (305 mm by 305 mm) continuous footing or turned down slab edge is permitted at door openings in the braced ..;all line. This continuous footing or turned down slab edge shall be reinforced with not less than one no. 1 bar top and bottom. This reinforcement shall be lapped 15 inches (381 mm) with the reinforcement required in the continuous foundation locatcd directly under the braced wall line. 2. In the first story of t',vo story buildings, each wall panel shall be braced in accordance with section 2308.9.3.1, item 1, except that the wood structural panel sheathing shall be provided on both faces, thrce anchor bolts shall be placed at one quarter points, and tie dovm device uplift capacity shall not be less than 3,000 pounds (13 311 N). 3. Alternate braced wall panels that are designed in accordance with the "Boise City Wall Bracing For Light Frame Residential Construction" booklet shall also be accepted. (Ord. 506, 1 25 2005) 2006 INTERNATIONAL BUILDING CODE APPENDIX J , 'GRADING", IS HEREBY ADOPTED SUBJECT TO AMMENDMENTS AS APART 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 Page 12 of29 K\COUNCIL\Draft Ordinances\Ordinance 588 ok.doc 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 requirements 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 JI03.1 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 required 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 Gradinl!: Permit Fees. A fee for each grading permit 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: I. 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 Page 13 of29 K\COUNCIL\Draft Ordinances\Ordinance 588 okdoc 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 REQUIREMENTS is amended to add the following text: The grading plan required per IBC 11 04.2 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 11 04.2 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 EC9-4-1-1 0, 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 11 04.3 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 EP A 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 EP A Construction General Permit, the applicant shall certify that the plan has been prepared and duly filed with EP A. 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 subject to the Grading Permit requirements. Grading plans for proposed residential subdivisions shall show: Page 14 of29 K:\COUNCIL\Draft Ordinances\Ordinance 588 okdoc 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 (c) 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 oflot; 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 EC9-4-1-1 0, 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 adjacent 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 11 07 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: Page 15 of29 K:\COUNCIL\Draft Ordinances\Ordinance 588 ok doc 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." IRC seetion R101.2 Exeeption is deleted 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 R105.2, Building is amended to read as follo'Ns: RI05.2 \Vork Exempt From Permit. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the pro','isions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. One story detached accessory structures, pro','ided the floor area does not exceed 120 square feet (18.58 m2). 2. Fences not over 6 feet (1829 mm) high. 3. Retuining walls that are not o','er 1 feet (1219 mm) 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 does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1. 5. Sidewalks and dri'leways not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated swimming pools that are less than 21 inches (610 mm) deep. 8. Swings and other playground equipment accessory to a one or 1\vo family d\velling. 9. Window aVl1lings supported by an exterior wall which do not project more than 51 inches (1372 mm) from the exterior wall and do not require additional support. Page 16 of29 K:ICOUNCIL\Draft OrdinanceslOrdinance 588 ok.doc 10. Work with a total value of $500.00 or less. IRC seetion R105.2, Plumbing 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 And Struetures 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. Page 17 of29 K:ICOUNCILIDraft OrdinanceslOrdinance 588 ok.doc 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, Page 18 of29 K:ICOUNCILIDraft OrdinanceslOrdinance 588 ok.doc 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. IRC seetion R105.7 is amcnded and to rcad as follows: R105.7 Permit Transfer. A building permit shall be transferable to another party if such party can proyidc a document signed and notarized by the original permit holdcr conscnting to thc transf-er itsclf and all agrccmcnts and conditions incorporated into thc original pcrmit appro','al, including paymcnt of fees owed to the city by the transferor prior to thc transfer. ^ permit may also be transferred back to the propcrty owner or owner's designated legal agent in cases where the property ovmer has terminated their lcgal relationship with thcir contractor or o\vner's designated lcgal agent. ;\.n administrativc fce for thc transfer of the permit will be assessed for the vl'Ork performed by city staff to facilitate the transfer based on an hourly rate of$50.00. IRC section R105.7 is to be renumbered to seetion R105.9 and is to read as follo\vs: R105.9 Plaeement Of Permit. Thc building pcrmit or copy shall be kept on the site of the work until complction of the project. IRC seetion R1D5.8 is to be renumbered to seetion R105.9 and is amended to read as follows: R105.9 Responsibility. It shall be thc duty of every person 'Nho performs \vork for the installation or repair of building, structure, clcctrical, gas or mechanical systems, for ',vhich this codc is applicable, to 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 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. 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. Page 19 of29 K:ICOUNCIL IDraft OrdinanceslOrdinance 588 ok.doc 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 Page 20 of29 K:ICOUNCIL\Draft OrdinanceslOrdinance 588 ok.doc 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 tennination 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 ()fto 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. Page 21 of29 K:ICOUNCILIDraft OrdinanceslOrdinance 588 okdoc IRC sections R112.2.1 and R112.2.2 are hereby deleted and repealed. IRC section 112.3 is deleted and repealed. IRC section Rl13.~~ is amended a new section to read as follows: Rl13.~~ 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 trnee hundredone thousand dollars ($J.1,000.00), 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 seetion Rl13.4 is deleted and repealed. IRC section R114.1 and R114.2 is!!:!: amended, and a new section R114.~J. is added, and existing seetion R114.2 is 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 Rl02 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. Page 22 of 29 K:ICOUNCILIDraft OrdinanceslOrdinance 588 ok.doc IRC table R301.2(l) is amended to read as follows: TABLE R301.2(1) CLIMATIC AND GEOGR^,PHIC DESIGN CRITERIA Ground Snow heaG \^!ind Spoede (mph) Seismic Design Category f,g Subject To Damage From \^!inter Design Tcmpf Weathoringa Frost Line Depthb 00 Termitec Docayd Ground snm.... load - 20 psf (Pg). (Further design for snow loads shall be determined in accord ance with section 7 of /\5CE 7, but the design roof load shall not be less than a uni form snow load of 25 pst.) shall G Sevore 24 inches For 51: 1 pound per square foot-O.0479 kN/m.02, 1 mile per hour-1.609 km!h ~:::,~:r::'::3;'::~:~e':n~~::~ ":'~~d::"~~~~:~~~~:~=:3~~~ :~::: Page 23 of 29 K:\COUNCILIDraft OrdinanceslOrdinance 588 ok.doc the we3thering index (i.e., "negligible," "moder3te" or "severe") for concrete 3S determined from the v.'e3thering probability map [figure R301.2(3)]. The grade of masonry units sh311 be determined from /\STM C31, C55, C62, C73, C90, C129, C115, C216 or C652. b. The frost line depth may require deeper footings than indicated in figure R103.1 (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 INith "very heavy", moderate to heavy," "slight to moderate," or "none to slight" in accordance with figure R301.2(6) depending on 'Nhether there has been a history of local damage. d. The jurisdiction shall fill in this part of the table with "moderate to severe," "slight to moderate," or "none to slight" in accordance with R301.2(7) depending on whether there has been a history of local d3m3ge. e. The jurisdiction shall fill in this part of the table 'Nith the '/t'ind speed from the basic wind speed map [figure R301.2(1)]. \Nind exposure c3tegory shall be determined on a site specific basis in accordance with section R301.2.1. f. The outdoor design dry bulb temperature shall be selected from the columns of 97 1/2 percent values for 'Hinter from /\SHRAE 97 Handbook Of Fundamentals. g. The jurisdiction shall fill in this part of the table with the seismic design c3tegory determined from section R301.2.2.1. h. 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 d3te(s) of the currently effective FIRM and FBFM, or other flood hazard map adopted by the community, as may be amended. i. In accord3nce with sections R905.2.7.1, R905.4.3, R905.5.3, R905.6.3, R905.7.3 3nd R905.8.3, for areas where the average d3ily temperature in January is 250F ( 40C) or less, or INhere there has been a history of local damage from the effects of ice d3mming, the jurisdiction shall fill in this part of the table with "Yes." Otherwise, the jurisdiction shall fill in this part of the table with "No. " j. The jurisdiction shall fill in this part of the table with the 100 year return period air freezing index (BF days) from figure R103.3(2) or from the 100 year (99%) value on the national climatic data center data table "Air Freezing Index US/\ Method (Base 320 Fahrenheit)" 3t www.ncdc.noaa.go.llfpsf.html. k. The jurisdiction shall fill in this part of the table with the mean annual temperature from the n3tional climatic data center dat3 table "Air Freezing Indox USA Method (Base 320 Fahrenheit)" at 'A"NIN.ncdc.noaa.gov/fpsf.html. Page 24 of 29 K:ICOUNCILIDraft OrdinanceslOrdinance 588 ok.doc TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA WIND SEISMIC SUBJECT TO DAMAGE FROM WINTER ICE BARRIER FLOOD AIR MEAN GROUND SPEED' DESIGN DESIGN UNDERLA YMENT FREEZING ANNUAL SNOW LOAD (mph) CATEGORY' Frost line TEMP' REQUIRED" HAZARDS' INDEX' TEMP' Weathering" depth" Termite" Ground Snow 90 G-6. Severe 24 inches S-t&M [0 NO Floodplain 10 5 I I Load=20 Slight degrees Ordinance degrees F degrees F psf(pg). To F effective (Further 1;1oderate 4-17-84, and design for FIRM maps snow loads as currently shall be adopted 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 osf.) For SI: 1 pound per square foot=0.0479 kN/m.02, 1 mile per hour=I.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 rfigure 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 iurisdiction 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 iurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1. Page 25 of29 K:ICOUNCILIDraft OrdinanceslOrdinance 588 ok. doc g. 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 jurisdiction 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 320 Fahrenheit)" at www.ncdc.noaa.gov/fpsf.html. j. 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 320 Fahrenheit)" at www.ncdc.noaa.gov/fpsf.html. IRC section R323 and 324 are is repealed, deleted, and replaced with the following: Section R32~ 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. IRC seetion Rfi02.10.6 is amended to read as follows: R602.10.fi .\Iternate Braeed 'Wall Panels. Alternate braced wall lines constructed in accordance with one of the following provisions shall be permitted to replace each 1 feet (1219 mm) of braced wall panel as required by section R602.1 0.1: 1. In one story buildings, each panel shall have a length of not less than 2 feet, 8 inches (813 mm) and a height of not more than 10 feet (3018 mm). Each panel shall be sheathed on one face v;ith 3/8 inch minimum thickness (9.5 mm) wood structural panel sheathing nailed '\-'lith 8d common or gah'anized box nails in accordance with table R602.3(1) and blocked at all \vood structural panel sheathing edges. Two anchor bolts installed in accordance with figure R 103.1 (1) shall be provided in each panel. ,^~nchor bolts shall be placed at panel quarter points. Each panel end stud shall have a tie dO'l.'m device fastened to the foundation, capable of providing an uplift capacity of at least 1,800 pounds (816.5 kg). The tie dovm device shall be installed in accordance with the manufactlKer's recommendations. The panels shall be supported directly on a foundation or on floor framing supported directl)' on a foundation 'Nhich is continuous across the entire length of the braced wall line. This foundation shall be reinforced v/ith not less than one no. 1 bar top and bottom. When the continuous foundation is required to haye a depth greater than 12 inches (305 mm), a minimum 12 inch by 12 inch (305 mm by 305 mm) continuous footing or turned down slab edge is permitted at door openings in the braced wall line. This continuous footing or turned dovm slab edge shall be reinforced with not lcss than one no. 1 bar top and bottom. This reinforcement shall be lapped 15 inches (381 mm) with the reinforcement requircd in the continuous foundation locatcd directly undcr the braced 'Nalllinc. Page 26 of29 K:ICOUNCILIDraft OrdinanceslOrdinance 588 ok.doc 2. In the first story of two story buildings, each braced ,vall panel shall be in accordance 'Nith item 1 abo','e, except that the wood structlKal panel sheathing shall be provided on both faces, sheathing edge nailing spacing shall not exceed four inches on center, at least throe anchor bolts shall be placed at one quarter points, and tie dovm device uplift capacity shall not be less than 3,000 pounds (1360.8 kg). 3. "^Jtemate braced ,>vall panels that are designed in accordance ,tYith the "Boise City Wall Bracing For Light Frame Residential Construction" booklet shall also be accepted. 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 II I I I I 1 Minimum Grades Applicable Grading Rules Cedar shake and shingle bureau 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 A WP A standard G2- Ul (Commodity Specification A, Use Category 3B and Section 5.6) Forest products laboratory of the Texas forest services Cedar shake and shingle bureau Cedar shake and shingle bureau Cedar shake and shingle bureau IRC table R905.8.6 Wood Shake Weather Exposure And Roof Slope is amended and shall read as follows: Page 27 of 29 K:ICOUNCILIDraft OrdinanceslOrdinance 588 okdoc TABLE R905.8.6 WOOD SHAKE WEATHER EXPOSURE AND ROOF SLOPE Roofing Material Length (Inches) I Grade ! Exposure (Inches) 4:12 Pitch Or Steeper Shakes of naturally I 18 ~I No.1 II 7 112 I durable wood I II II I 24 No.1 lOa Preservati ve-treated 18 II No.1 II 7 1/2 I taper sawn shakes of southern yellow pine 24 II No.1 II 10 I Taper-sawn shakes of 18 =:=JI No. I II 7 1/2 I naturally durable 24 II No.1 II 10 I wood For SI: 1 inch = 25.4 mm. a. For 24-inch by 3/8-inch handsplit 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 ilnternational mMechanical eCode, 200(}~ 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 ilnternational mMechanical eCode, 200(}~ 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. 132,2 18 2003) 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 ilnternational tEuel gGas eCode, 200(}~ edition, to provide minimum standards to safeguard life and limb, health, property and public welfare by regulating and Page 28 of29 KICOUNCILIDraft OrdinanceslOrdinance 588 ok.doc 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 Unternational mMechanical eCode, 200()~ 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-l: 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 ilnternational ffire eCode, 200()~ edition, including all amendments adopted as state law, and the international fire code standards. One copy of the current edition of the Unternational ffire eCode, appendix chapters, and the ilnternational ffire 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. 132,2 182003) Section 8: That this ordinance, or a summary thereof in compliance with Section 50-90 I A, 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 L2.-day of f'Y\lU-( ,2008. OF EAGLE, IDAHO Ada Cou , Idaho Shar K. Bergmann City Clerk! Treasurer ,."...... . ...., . """" ~""GLl: '. !It" OX ......... "'~.. . : ~ ,- o~'" T~ ...... :[...:4, .. ~ : ...... 4:' ..., ~ : u: 0 .' ... . ~~ 0 : : : "",,-v-:: i ... <'A..I"'- Q . ~ ee ~v ~"i -.:~ __ .,' 1-: .. ,... e..\, ,~. ~ ~ "", -..(..:'..". ~ ,.... ~ c' '" "'1 <.) I A 1 \ ,." """.1..""" ATTEST: Page 29 of29 K:ICOUNCILIDraft OrdinanceslOrdinance 588 ok.doc 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 INTERNA TIONAL BUILDING CODE; AMENDING OR DELETING CERTAIN SECTIONS OF THE 2006 INTERNATIONAL RESIDENTIAL CODE; ADOPING THE CURRENT PUBLICA TION 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 May 13,2008, is as follows: Section 1: Amends Title 7, Chapter 1, Section 7-1 A-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 7-1 B-1, Eagle City Code, to provide for the adoption of the 2006 International Mechanical Code. Section 5: Amends Title 7, Chapter 1, Section 7-1B-2, Eagle City Code, to provide for the adoption of the 2006 Fuel Gas Code. Section 6: Amends Title 7, Chapter 1, Section 7-1B-3, Eagle City Code, to provide for amendments to the 2006 International Mechanical Code. Section 7: Amends Title 7, Chapter 1, Section 7-1D-l, Eagle City Code, to provide for the adoption of the 2006 International Fire Code. Page 1 of 3 K:\COUNCILlDraft Ordinances\Ordinance 588 SUM okdoc 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 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. DA TED as ofthe 13Jh day of ~, 2008. CITY OF EAGLE unty, Idaho ATTEST: <--~G---l.n 'L... ~~~ Sharon K. Bergmann, City Clerk (~~h,....... ........ -e.AGLI2 ....., !I~ O~ ......~ ... ~ ~e" :t.'\1'~ ....~ I Ie., ~o ~ ..... ~ } ~ CJ 8 ,.' v; 0 i ~J-.. ~ ~ i . ~ ~ ~! t t< ,_...J$ .' \\.. ...... ~ ......... ~#", 8]' ATE 0",'''' ','........',,' Page 2 of3 K:\COUNCILlDraft Ordinances\Ordinance 588 SUM okdoc 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. 588 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 ofthe ath day of~, 2008. By: 3 RECEiVED & FILED CITY OF EAGLE MAY 2 2 2008 Valley Times FiI.: P.O. Box 1790 - Eagle, Idaho 83616 ROUte to: LEGAL ADVERTISING PROOF OF PUBLICATION G f-:J '1 ~ o11v- _ Identification: o ^ ~'", ""U-. fJ'v ~tf' ( J'4 '" ~ It j) Account: s-,q lOV Address: GCt-D E. (i'V:<.... Li'"' . Run Dates: tL'-\M roLOLLo I O~_ Amount q S. '0 I I ~(,(L. Number Lines Attention' Other - - --- O~~~~. 588 5'-lq .oV Frank Thomason, being duly s~o!"", deposes and says: That he is the Pnnclpal Clerk of , AN ORDINANCE OF THE CITY OF EAGLE, IDAHO, A MUNICIPAL CORPORATION OF alley Times a weekly newspaper published at THESTATEOFIDAHO,AMENDINGTITLE7,CHAPTER 1 OF THE EAGLE CITY CODE; , f Id h . th t th "d ADOPTING THE 2006 INTERNATIONAL BUILDING CODE INCLUDING APPENDIX J 3gle, Ada County, State 0 a A.' ~ e sa~ GRADING;" ADOPTING THE 2006 INTERNATIONAL RESIDENTIAL CODE (PARTS I newspaper is in general circula~lon In th~ ~ald THROUGH IV AND IX); AMENDING OR DELETING CERTAIN SECTIONS OF THE 2006 County of Ada and in the vicimty of Mendlan, INTERNATIONAL BUILDING CODE; AMENDING OR DELETING CERTAIN SECTIONS ' . t dl OF THE 2006 INTERNATIONAL RESIDENTIAL CODE; ADOPING THE CURRENT Star, and Eagle, and has been umnterrup e y PUBLICATION OF TIlE INTERNATIONAL FIRE CODE; ADOPING THE CURRE?>.'"/" published in said County during a period of PUBLICATION OF THE INTERNATIONAL MECHANICAL CODE; ADOPING THE ty "ght consecutive weeks prior to the first CURRENT PUBLICATION OF THE INTERNATIONAL FUEL GAS CODE; APPROVING ..en -el . . THE SUMMARY OF THIS ORDINANCE' AND PROVIDING AN EFFECTIVE DATE FOR 3tion of this notice, a copy of which IS attached ADOPTION.' hereto and that the notice was published in ~lIey Tim~s, in conformity with Sectirn 6~-1 08, A summary of the principal provisions of Ordinance No. 5S8 of the City of F..agle, Ada Idaho Code, as amended, for _ time( S) Counly, Idaho, adOpted on May 13,2008, is as follows: the regular and entire issue of said paper, ~nd ~: Amends Title 7, Chapter I, Section 7-IA-2 Eagle City Code by adopting the ; printed in the newspa~er p~oper, and n~t In a 2006 International Building Code, Appendix J of the 2006 IntcmationaJ Building Code, and the Jpplement; and that saId notice was published 20061ntemationaJ Residential Code. . " on ~e followi'1g dates: ~: Amends Title 7, Chapter I, Section 7-IA-3, F..agle City Code, to provide for Beglnnrng M ~ q ( l..;.:xY{ 2006lnternational Building Code amendments and insertion of amended changes to Appendix J. ~: Amends Title 7, Chapter I, Section 7-IA-4, Eagle City Code, to provide for 2.. 2006 International Residential Code amendments. ..J'V\ l " C-V 0 r ~: Amends Title 7, Chapter I, Section 7-lB-I, Eagle City Code. to provide for EndIng "'"J I the adoption of the 2006 International Mechanical Code. \..f/\-o--J- .~ Section 5: Amends Title 7, Chapter I, Section 7-18-2, Eagle City Code, to provide for the adoption of the 2006 Fuel Gas Code. STATE OF IDAHO) ~: Amcnds Title 7, Chapter I, Section 7-1B-3, Eagle City Code, to provide for )SS ..-,"" '" '" 2006 ".......... """""", Cod,_ ~OUNTY OF ADA) ~: Amends Title 7. Chapter I, Section 7-10-1, Eagle City Code, to provide tor is 22- day of . in the year of 2008 the adoption of the 2006 International Fire Code. lfore me, a Notary Publl , personally appeared ~: Slates that Ordinance No. 588 shall take effect and be in force from and ion known or identified to me to be the person after its passage, approval, and publication as required by law. Provides that a summary of 'e ~ame is subscribed to the within instrument, OrdilUll1ce No. 588 may be published in lieu of the entire ordinance in compliance with Section ' . b fi t d I declared that the 50-90IA. Idaho Code. being y me rs u y sworn, ~erein are ~OWledged to me that The full text of Ordj~e }'lo. 58!.iu~!iJabl~t ~itv Hall and wilLbe llTOvided f--"oV . 0 ~ he executed the same. '" "IrE Of \~ ...... ~ ~ . ','.......... Notary Public for Idaho Residing at Btse, 10 My Commission expires: S'/).1 II I