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Ordinance - 2015 - 728 - Adopting 2012 International Building Code - 01/27/2015 ORDINANCE No. 728 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 BY ADOPTING THE 2012 INTERNATIONAL BUILDING CODE INCLUDING APPENDIX J GRADING; ADOPTING THE 2012 IDAHO RESIDENTIAL CODE (PARTS I THROUGH IV AND IX); AMENDING OR DELETING CERTAIN SECTIONS OF THE 2012 INTERNATIONAL BUILDING CODE; AMENDING OR DELETING CERTAIN SECTIONS OF THE 2012 IDAHO 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 EXISTING BUILDING CODE; ADOPTING THE CURRENT PUBLICATION OF THE INTERNATIONAL FUEL GAS CODE; ADOPTING THE CURRENT PUBLICATION OF THE NATIONAL ELECTRICAL CODE; AND AMENDING TITLE 7, CHAPTER 4 OF THE EAGLE CITY CODE BY ADOPTING THE 2012 ENERGY CONSERVATION CODE AND AMENDING OR DELETING SECTIONS OF THE 2012 ENERGY CONSERVATION CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A CODIFICATION CLAUSE; AND PROVIDING AN EFFECTIVE DATE FOR ADOPTION. WHEREAS, the Idaho Department of Building Safety, by administrative rule, has adopted the 2012 International Building Code and the 2012 Idaho Residential Code; and WHEREAS, the City of Eagle finds that the adoption of the 2012 International Building Code including Appendix J Grading, the 2012 Idaho Residential Code, parts I-IV, and IX, the 2012 International Fire Code, the 2012 International Existing Building Code, the 2012 International Mechanical Code, the 2012 International Fuel Gas Code, and the 2014 National Electrical Code 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; and WHEREAS, the City of Eagle finds that good cause exists and it is reasonably necessary to adopt amendments to the International Building Code and Idaho Residential Code and appendices thereto which provisions have not been adopted or that have been expressly rejected or exempted from the adopted version of those codes by the Idaho Building Code Board through the negotiated rulemaking process as provided in Idaho Code §39-4109. 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, with additions in underline and deletions in strikethrough: 7-1A-2: CODES ADOPTED: ORDINANCE No. 728 Page 1 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 71550-901. 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 this code: International bBuilding eCode, 200612 edition, including all rules promulgated by the board to provide equivalency with the provisions of the Americans with disabilities Aact accessibility guidelines and the federal Ffair Mousing Aact accessibility guidelines. International Building eCode 200612 edition, appendix J, grading, as amended. biteffiatienal Idaho(Residential eCode, 200612 edition, parts I-IV and IX. International Energy Conservation Code, 2012 edition. International Mechanical Code, 2012 edition. International Fuel and Gas Code, 2012 edition. Uniform code for building conservation, 1997 edition, published by the International Conference of Building Officials. International eExisting bBuilding eCode 200612 edition, published by the International Conference of Building Officials. International Fire Code, 2012 edition. National Electric Code, 2014 edition. Uniform eCode for the aAbatement of dangerous bBuildings, 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) ORDINANCE NO. 728 Page 2 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, with additions in underline and deletions in strikethrough: 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 X4.1, 101.4.3. 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 105.3.2 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 twice, nor shall any extension . -. . . .. - . . - • -. 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 ORDINANCE No. 728 Page 3 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. ORDINANCE No. 728 Page 4 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 4064 107.1 and the exception are amended and add subsection 106.1.1.1.1 107.1.1 to read as follows: 107.1 General. Construction Submittal 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. 406,144-.4-Feed- 107.1.1 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. ORDINANCE No. 728 Page 5 IBC section 107.2.5.1 is amended to read as follows: 107.2.5.1 Design Flood Elevations. All construction within flood hazard areas shall be designed and constructed in accordance with the Eagle City Flood Control Regulations, Title 10, Eagle City Code. IBC section 4074 108.1 is amended to read as follows: 107.1 108.1 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 X6109.6 is amended to read as follows: 4086 109.6 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 110.3 110.3.3 is amended to read as follows: !. ! . . . • . . -- ..• . • . • . . . . - . completion of the entire building or structure. A temporary occupancy is set at a time period of 90 days. temporary occupancy extend beyond one (1) year. 110.3.3 Lowest floor elevation. In addition to the initial certificate required at the time of s ermit a s s lication in flood hazard areas u Bon .lacement of the lowest floor includin. the basement a second elevation certification required in accordance with the Eagle City Flood Control Regulations, Title 10, Eagle City Code, and shall be submitted to the building official prior to the request for a framing inspection. IBC section 111.1.1 is a new section to read as follows: ORDINANCE No. 728 Page 6 111.1.1 Commercial Occupancy Request. Where work not requiring a building permit is occurring and a commercial tenant lacks a certificate of occupancy, desires to obtain a certificate of occupancy or is required to obtain a certificate of occupancy from the city agency, the Eagle city building department shall create a permit application with a review and inspection process in order to issue a new certificate of occupancy. A fee of$50 will be assessed for this process. IBC section 111.3 is amended to read as follows: 111.3 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 444,1 112.1 is amended to read as follows: 444112.1 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 111.3 112.3 is amended to change title only. The title to read as follows: 111.3 112.3 Authority To Disconnect Service Utilities For Unsafe Conditions. IBC section X4112.4 is a new section to read as follows: 4444 112.4 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 112.1 113.1 is amended to read as follows: 112.1 113.1 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 ORDINANCE No. 728 Page 7 and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. IBC section 112.3 113.3 is deleted and repealed. IBC Section 112.4 113.4 is a new section to read as follows: 442v4 113.4 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 112.5 113.5 is a new section to read as follows: 112.5 113.5 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 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. ORDINANCE NO. 728 Page 8 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 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. IBC section 113.3 114.4 is amended to read as follows: 113.3 114.4 Violation 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 one thousand_dollars ($1,000.00), 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 113.3.1 114.4.1 is a new section to read as follows: 113.3.1 114.4.1 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 113.3.2114.3.2 is a new section to read as follows: 113.3.2114.3.2 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. ORDINANCE No. 728 Page 9 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 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 444.4 115.4 is a new section and reads as follows: 115.4 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 section 116.1 is amended to read as follows: 116.1 Conditions. Structures or existing equipment deemed unsafe shall be taken down and removed or made safe in accordance with provisions of the Uniform Code for the Abatement of Dangerous Buildings as adopted by the City of Eagle, and as set forth in other applicable local, state and/or federal laws. IBC sections 115.1, 115.2, 115.3, 115.4 and 115.5 116.2 through 116.5 are deleted and repealed. IBC section 202 Definitions: Townhouse is amended as follows: 202 Townhouse. A single-family dwelling unit constructed in a row of attached units, separated by property lines and each unit extends from the foundation to roof and with open space on at least two sides. IBC section 305.2 305.2.3 is amended to read as follows: ORDINANCE No. 728 Page 10 305.2 Da., Care 305.2.3 Twelve or fewer children in a dwelling unit. 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 cxcmpt 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. A facility such as the above within a dwelling unit and having twelve or fewer children receiving such day care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code and applicable city, state and federal laws. IBC section 308.5.2 308.6.4 is amended to read as follows: 308.5.2 Child Care Facil ty 308.6.4 Persons receiving care in a dwelling unit. A facility, that provides supervision and personal care on less than a 21 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. A facility such as the above within a dwelling unit and having twelve or fewer children receiving day care or having five or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code and applicable city, state and federal laws. IBC section 3404 310.5 Residential Group R-3 is amended to read as follows: 310.1 310.5 Residential Group R-3. Residential occupancies where the occupants are primarily permanent in nature and not classified as R-1, R-2, R-4 E or I, including: and where buildings do not set forth in IBC section 101.2. i. Buildings that do not contain more than two (2) dwelling units; ii. Boarding houses (nontransient) with sixteen (16) or fewer occupants; iii. Boarding houses (transient) with ten (10) or fewer occupants; iv. Care facilities that provide accommodations for five (5) or fewer persons receiving care; v. Congregate living facilities (nontransient) with sixteen (16) or fewer occupants; vi. Congregate living facilities (transient) with ten (10) or fewer occupants; or vii. Dwelling units providing day care for twelve (12) or fewer children. IBC section 310.5.1 is amended to read as follows: ORDINANCE No. 728 Page 11 310.5.1 Care facilities within a dwelling. Care facilities for twelve (12) or fewer children receiving day care or five (5) or fewer persons receiving care that are within a single-family dwelling are permitted to comply with the International Residential Code and applicable city, state and federal laws. 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 1507.9.51507.9.6 Wood Shake Material Requirements is amended and reads as follows: TABLE 1507.9.51507.9.6 WOOD SHAKE MATERIAL REQUIREMENTS MINIMUM APPLICABLE MATERIAL GRADES GRADING RULES Wood shakes of naturally durable wood 1 CSSB Taper sawn shakes of naturally durable wood 1 CSSB Preservative-treated shakes and shingles of naturally durable 1 CSSB wood Fire-retardant-treated shakes and shingles of naturally 1 CSSB durable wood Preservative-treated taper sawn shakes of southern yellow 1 TFS pine treated in accordance with AWPA standard U 1 (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. IBC table 1507.9.7 1507.9.8 Wood Shake Weather Exposure And Roof Slope is amended and reads as follows: TABLE 1507.9.7 1507.9.8 WOOD SHAKE WEATHER EXPOSURE AND ROOF SLOPE LENGTH EXPOSURE (INCHES) 4:12 ROOFING MATERIAL (INCHES) GRADE PITCH OR STEEPER Shakes of naturally durable wood 18 No. 1 7.5 24 No. 1 10a ORDINANCE NO. 728 Page 12 Preservative treated taper sawn shakes of 18 No. 1 7.5 southern yellow pine 24 No. 1 10 Taper-sawn shakes of naturally durable 18 No. 1 7.5 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 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 title ten (104,Flood Control=of the Eagle city code. IBC section 1805.24 Q4 1809.5 is amended to read as follows: 8=4= 1809.5 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 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 1809.5 Exception is deleted and repealed. IBC Table 2902.1,Footnote F is amended to read as follows: Table 2902.1, Footnote F. Drinking fountains are not required for an occupant load of thirty (30) or fewer. IBC Table 2902.1,Footnote G is amended to read as follows: ORDINANCE No. 728 Page 13 Table 2902.1, Footnote G. For business occupancies, excluding restaurants, and mercantile occupancies with an occupant load of thirty (30) or fewer, service sinks shall not be required. IBC Section 3401.5 Dangerous conditions is amended to read as follows: 3401.5 Dangerous conditions. The building official shall have the authority to require the elimination of conditions deemed dangerous. Conditions deemed dangerous shall be removed or made safe in accordance with provisions of this code or the Uniform Code for the Abatement of Dangerous Buildings as adopted by the City of Eagle and applicable city, state and federal laws. IBC Section 3401.6 Alternative compliance is amended to read as follows: 3401.6 Alternative compliance. Work performed in accordance with the International Existing Building Code shall be deemed to comply with the provisions of this chapter. Where life safety issues are not specifically addressed by the IEBC the provisions of the IBC shall apply at the discretion of the building official. IBC Sections 3403.2, 3404.2, 3405.5 and 3409.2 Flood Hazards are amended to read as follows: 3403.3, 3404.2, 3405.5 and 3409.2 Flood Hazards. All construction within flood hazard areas shall be designed and constructed in accordance with Title 10, Flood Control, of the Eagle City Code. 2006 2012 International building code appendix J, "Grading," is hereby adopted subject to amendments 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 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 J103.1 Permits Required is amended to add the following text: ORDNANCE No. 728 Page 14 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 Grading 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: 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 Requirements 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. ORDINANCE No. 728 Page 15 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 subject 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 (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 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. ORDINANCE No. 728 Page 16 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 subject 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, with additions in underline and deletions in strikethrough: 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." IRC Section 101.2 Scope delete exceptions No. 1 and No. 2. Replace No. 2 with the following: No. 2, Owner-occupied lodging houses with three (3) or fewer guestrooms shall be permitted to be constructed in accordance with the International Residential Code for One- and Two-Family Dwellings. Such occupancies shall be required to install smoke alarms and carbon monoxide alarms in accordance with sections R314 and R315, respectively, of the International Residential Code for One- and Two-Family Dwellings. ORDINANCE No. 728 Page 17 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 Section 105.2 Work Exempt from Permit. Delete item no. 2 and item no. 7 and replace with the following, and add the following item no. 11: 2. Fences not over six (6) feet (one thousand, eight hundred twenty-nine (1829) mm) high may be exempted from the requirement for a building permit in the absence of any other applicable land use regulations governing the installation, height, type or other aspect. 7. Prefabricated swimming pools that are not greater than four (4) feet (one thousand, two hundred nineteen (1219) mm) deep. 11. Flag poles. IRC Section 105.2.1 Emergency Repairs is amended to read as follows: R105.2.1 Emergency Repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day or at a time required by the building official. 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 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. ORDINANCE NO. 728 Page 18 IRC section R105.3.2 is amended to read as follows: R105.3.2 Time Limitation of Application. Applications for which plan review fee. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued. The building official is authorized to grant an extension not to exceed 180 days each. Extensions will only be granted with requests in writing by the applicant with justifiable cause demonstrated. Applications will not be granted more than twice. 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. ORDINANCE NO. 728 Page 19 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. IRC section D 1X105.9 R105.10 Permit Transfer is a new section and reads as follows: R1�° R105.10 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, ORDINANCE NO. 728 Page 20 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 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 R109.1.3 Floodplain Inspections is deleted and replaced with the following: ORDINANCE NO. 728 Page 21 R109.1.3 Floodplain Inspections. For construction in areas prone to flooding as established by Table R301.2(1), upon placement of the lowest floor, including basement, the building official is authorized to require submission of documentation of the elevation of the lowest floor, including basement, required in section R322. 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 to 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 ORDINANCE No. 728 Page 22 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. 5 is a new section to read as follows: R113. 5 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 one thousand dollars ($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 section R114.1 and R114.2 are amended, and a new section R114.3 is added 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. ORDINANCE No. 728 Page 23 IRC table R301.2(1) is amended to read as follows: TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Ground Wind Seismic Subject To Damage From Winter Ice Barrier Flood Air Mean Snow Speeds Design Weatheri Frost Termite° ;Design Under- Hazards 8 Freezing Annual , Load (mph) Category nga Line Tempe layment Index' Temp' Depth" Required h Ground snow load` 90 B Severe 24 1 Slight to 10 Floodplain loodplain 10 51.1 = 20 psf (pg). inches 'moderate ',degrees ordinance degrees degrees (Further design for; F effective 4- F F snow loads shall 17-84,and be determined in ! FIRM accordance with maps as section 7 of ASCE currently 7, but the design adopted roof load shall not be less than a uniform snow load of 25 psf.) For SI: 1 pound per square foot=0.0479 kN/m.0 , 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)]. 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)]. 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 971/2 percent values for winter from 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. 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. IRC Table R302.1 Exterior Walls delete the figures contained in the last column of the table under the heading "Minimum Fire Separation Distance" and replace with: Table R302.1 Exterior Walls Walls (fire-resistance rated): <Three (3) Feet Walls (not fire-resistance rated): > Three (3) Feet ORDINANCE NO. 728 Page 24 Projections (fire-resistance rated): <Three (3) Feet Projections (not fire-resistance rated): >Three (3) Feet IRC Section 302.2 Townhouses. The "Exception" under this section shall be deleted and replaced with: Exception. A common one-hour or two-hour fire resistance rated wall assembly tested in accordance with ASTME E 119 or UL 263 is permitted for townhouses if such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the common wall. The wall shall be rated for fire exposure from both sides and shall extend to and be tight against the exterior walls and the underside of the roof sheathing. Penetrations of electrical outlet boxes shall be in accordance with section R302.4. IRC Section 303.4 is deleted. IRC Section R313.1 Townhouse automatic fire sprinkler systems. The "Exception" under this section shall be deleted and replaced with: Exception. Automatic residential fire sprinkler systems shall not be required in townhouses where a two-hour fire-resistance rated wall is installed between dwelling units or when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed. IRC Section R313.2 is deleted. IRC Section R315.2 Where required in existing dwellings. The following two (2) exceptions are added to this section as follows: Exceptions: 1. Work involving the exterior surfaces of dwellings, such as, but not limited to, replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck or electrical permits, are exempt from the requirements of this section, and 2. Installation, alteration or repairs of noncombustion plumbing or mechanical systems are exempt from the requirements of this section. IRC Section R322.1.10 is deleted. IRC Section R322.2.2 Enclosed area below design flood elevation. Paragraph 2.2. of this section shall be deleted and replaced with the following: 2.2 The total net area of all openings shall be at least one (1) square inch (645 mm2) for each square foot (0.093 m2) of enclosed area, or the opening shall be designed and the construction documents shall include a statement that the design and installation of the openings will provide for the ORDINANCE No. 728 Page 25 equalization of hydrostatic flood forces on exterior walls by allowing the automatic entry and exit of floodwaters. IRC section R323 and 324 are repealed, deleted, and replaced with the following: Section R324 Flood-Resistant Construction. All construction within flood hazard areas shall be designed and constructed in accordance with title ten F10.4 Flood Control,of the Eagle city code. IRC Section R501.3 and exceptions is deleted. IRC Section R602.10 is deleted and replaced with the following: R602.10 Wall Bracing. Buildings shall be braced in accordance with this section or, when application, section R602.12, or the most current edition of APA System Report SR-102 as an alternate method. Where a building, or portion thereof, does not comply with one (1) or more of the bracing requirements in this section, those portions shall be designated and constructed in accordance with section R301.1. 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 Minimum Applicable Grading Material Grades Rules Wood shakes of naturally durable wood 1 Cedar shake and shingle bureau Taper sawn shakes of naturally durable wood 1 Cedar shake and shingle bureau Preservative-treated shakes and shingles of 1 Cedar shake and naturally durable wood shingle bureau Fire-retardant-treated shakes and shingles of 1 Cedar shake and sr naturally durable wood shingle bureau Preservative-treated taper sawn shakes of 1 Forest products southern yellow pine treated in accordance with laboratory of the AWPA standard U1 (commodity specification A, Texas forest use category 3B and section 5.6) services ORDINANCE No. 728 Page 26 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 Length Grade Exposure (Inches) 4:12 Roofing Material (Inches) Pitch Or Steeper Shakes of naturally durable wood 18 No 1 71/2 24 No. 1 10a Preservative-treated taper sawn shakes 18 No 1 71/2 of southern yellow pine 24 No 1 10 Taper sawn shakes of naturally durable 18 No. 1 71/2 wood 24 No 1 10 For SI: 1 inch = 25.4 mm. a. For 24-inch by 3/8-inch handsplit shakes, the maximum exposure is 71/2 inches. N1102.4.3 is deleted and replaced with the following: N1102.4.3 Fireplaces. New wood-burning fireplaces shall have tight-fitting flue dampers and outdoor combustion air. Chapter 11 [RE] Energy Efficiency. The following sections and tables of chapter 11 shall be amended in accordance with the requirements contained below in subsection 0004.04 of these rules which correspond to the appropriate section: i. Table N1102.1.1 (Table R402.1.1)—Insulation and Fenestration Requirements by Component. ii. Table N1102.1.3 (Table R402.1.3)—Equivalent U-Factors; iii. Table N1102.2.6 (Table R402.2.6)—Steel Frame Ceiling, Wall and Floor Insulation (R- Value); iv. Section N1102.4.1 (Table R402.4.1)—Building Thermal Envelope; v. Section N1102.4.1.1 (R402.4.1.1)—Insulation; vi. Table N1102.4.1.1 (Table R402.4.1.1)—Air Barrier and Insulation Installation; vii. Section N1102.4.1.2 (R402.4.1.2)—Testing Option; viii. Add Section N1102.4.1.3 (R402.4.1.3)—Visual Inspection Option; ix. Add Section N1102.6 (R402.6)—Residential Log Home Thermal Envelope; x. Add Table N1102.6 (Table 402.6)—Log Home Prescriptive Thermal Envelope Requirements by Component; xi. Section N1104.1 (R404.1)—Lighting Equipment. 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, with additions in underline and deletions in strikethrough: ORDINANCE NO. 728 Page 27 7-1B-1 INTERNATIONAL MECHANICAL CODE ADOPTED: There is hereby adopted by the city international mechanical code, 2006 2012 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 mechanical code, 2006 2012 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. 588, 5 13 2008) Section 5: That Title 7, Chapter 1, Article B, Section 7-1B-2, Eagle City Code be, and the same is hereby amended as follows, with additions in underline and deletions in strikethrough: 7-1B-2: INTERNATIONAL FUEL GAS CODE ADOPTED: There is hereby adopted by the city the international fuel gas code, 2006 2009 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. 588, 5 13 2008) 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, with additions in underline and deletions in strikethrough: 7-1B-3: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE: The international mechanical code,2006 2012 edition, is hereby amended as follows: ASection 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. 588, 5-13-2008). Section 504.6.1 Material and size. Add the following exception: Dryer duct may be constructed of 0.013 (30 gauge) or equivalent if prefabricated 0.016 (28 gauge) ducts and fittings are not available. Table 603.4 Duct Construction Minimum Sheet Metal Thickness for Single Dwelling Units. Add the following exception to the Table: Round duct, enclosed rectangular ducts and fittings less than fourteen (14) inches may be constructed of 0.013 (30 gauge) or equivalent if prefabricated 0.016 (28 gauge) ducts and fittings are not available. ORDINANCE No. 728 Page 28 Section 7: That Title 7, Chapterl, Article C, Section 7-1C-1, Eagle City Code be, and the same is hereby amended as follows, with additions in underline and deletions in strikethrough: 7-1C-1: ELECTRICAL CODE ADOPTED: Except where a different standard is required by this article, all work of electrical wiring, installation and construction, and the material, apparatus and fixtures used therein shall be in accordance with the rules established in the National Fire Protection Association, article 70, 2005 2014 edition, and amendments of the national electrical code adopted as state law, which is hereby adopted for the city, except: compliance with article 675-8(b) will include the additional requirement that a disconnecting means always be provided at the point of service from the utility no matter where the disconnecting means for the machine is located. Compliance with article 550.32(B) shall limit installation of a service on a manufactured home to those homes manufactured after January 1, 1992. The electrical inspector appointed by the city council shall inspect such work and report violations to the building official. Section 8: That Title 7, Chapter 1, Article D, Section 7-1D-1, Eagle City Code be, and the same is hereby amended as follows, with additions in underline and deletions in strikethrough: 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 international fire code, 2006 2012 edition, including all amendments adopted as state law, and the international fire code standards. One copy of the current edition of the international fire code, appendix chapters, and the international fire code 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. Section 9: That Title 7, Chapter 4, Section 7-4-2, Eagle City Code be, and the same is hereby amended as follows, with additions in underline and deletions in strikethrough: 7-4-2: CODE 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 2012 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 chapter. The 2006 2012 edition of the international energy conservation code, together with the appendix and amendments pursuant to this chapter, shall be known as the energy code of the city of Eagle. One copy of the 2006 2012 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 the date of adoption. ORDINANCE NO. 728 Page 29 Section 10: That Title 7, Chapter 4, Section 7-4-5, Eagle City Code be, and the same is hereby amended as follows, with additions in underline and deletions in strikethrough: 7-4-5: AMENDMENTS: IECC section 201.3 is amended to read as follows: Climate Fenestration Skylight Glazed Ceiling Wood Mass Floor Basement Slab Crawlspace Zone U-Factor U-Factor Fenestration R-Value Framed Wall R-Value Wall R-Value Wall SHGC Wall R-Value R-Value R-Value R-Value 5 and 20 or Marine4 0.35 0.60 NR 38 13+5h 13/17 3p= 10/13 10,2 ft 10/13 6 0.35 0.60 NR 49 /0 or 15/19 30g 15/19 10,411 10/13 13+51' 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 2009 Idaho state plumbing code, such terms shall have meanings ascribed to them as in those codes. Table 402.1.1 Insulation and Fenestration Requirements by Component is amended as follows: a. Delete the values contained in Table R402.1.1 (Table N1102.1.1) for climate zone "5 and Marine 4" and climate zone "6" and replace with the following: Table R402.1.1 INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT b. Add the following footnote to the title of table 402.1.1, Insulation and Fenestration Requirements by Component: k. For residential log home building thermal envelope construction requirements see section 402.6. Table R402.1.3 delete the values contained in Table 402.1.3 (Table N1102.1.3) for climate zone "5 and Marine 4" and climate zone "6" and replace with the following: Table R402.1.3 EQUIVALENT U-FACTORS Climate Fenestration Skylight Ceiling Wood Frame Mass Wall Floor Basement Crawlspace Zone U-factor U-factor R-Value Wall R-Value R-Value Wall Wall R-Value R-Value R-Value 5 and Marine 4 0.35 0.60 0.030 0.057 0.082 0.033 0.059 0.065 6 0.35 0.60 0.026 0.057 0.060 0.033 0.050 0.065 ORDINANCE No. 728 Page 30 Table R402.2.6 delete Table R402.2.6 and replace with the following: Table R402.2.6 STEEL-FRAME CEILING, WALL AND FLOOR INSULATION (R-VALUE) WOOD FRAME R-VALUE COLD-FORMED STEEL EQUIVALENT R-VALUEa Steel Truss Ceilings R-30 R-38 or R-30+3 or R-26=5 R-38 R-49 or R-38+3 R-49 R-38+5 Steel Joist Ceilings R-30 R-38 in 2 x 4 or 2 x 6 or 2 x 8 R-49 in any framing R-38 R-49 in 2x4or2x6or2x8or2x 10 Steel Framed Wall R-13 R-13 +5 orR-15 +4 orR-21 +3 orR-0+ 10 R-19 R-13+9 or R-19+8 or R-25 +7 R-21 R-13+ 10 or R-19+9 or R-25 +8 Steel Joist Floor R-13 R-19in2x6 R-19+6 in 2 x 8 or 2 x 10 R-19 R-19+6in2x6 R-19+ 12 in 2 x 8 or 2 x 10 a.Cavity insulation R-value is listed first,followed by continuous insulation R-value. b.Insulation exceeding the height of the framing shall cover the framing_ Section 402.4.3 Fireplaces shall be deleted and replaced with the following: 402.4.3 Fireplaces. New wood-burning fireplaces shall have tight-fitting flue dampers and outdoor combustion air. Section 402.6 Residential Log Home Thermal Envelope shall be an added section as follows: 402.6 Residential Log Home Thermal Envelope. Residential log home construction shall comply with sections 401 (General), 402.4 (Air Leakage), 402.5 (Maximum Fenestration U-Factor and SHGC), 403.1 (Controls), 403.2.2 (Sealing), 403.2.3 (Building Cavities), sections 403.3 through 403.9 (referred to as the mandatory provisions), section 404 (Electrical Power and Lighting Systems), and either Subparagraph 004.04.b.i, ii., or iii., as follows: i. Sections 402.2 through 402.3, 403.2.1, 404.1 and Table 402.6; ii. Section 405 Simulated Performance Alternative (Performance); or iii. REScheck (U.S. Department of Energy Building Codes Program). Table 402.6 Log Home Prescriptive Thermal Envelope by Component is an added Table as follows: ORDINANCE NO. 728 Page 31 CLIMATE FENESTRATION SKYLIGHT GLAZED CEILING Min FLOOR BASEMENT SLAB CRAWL ZONE U-FACTOR' U-FACTOR FENESTRATION R-VALUE Average VALUE WALL R-VALUE SPACE SHGC LOG R-VALUEd & WALL Size in DEPTH" R-VALUEd Inches 5,6—High efficiency 0.32 0.60 NR 49 5 30 15/19 10,4 ft. 10/13 equipment path` 5 0.32 0.60 NR 49 8 30 10/13 10,2 ft. 10/13 6 0.30 0.60 NR 49 8 30 15/19 10,4 ft. 10/13 a. The fenestration U-Factor column excludes skylights.The SHGC column applies to all glazed fenestration. b. R-5 shall be added to the required slab edge R-Values for heated slabs. c. 90%AFUE natural gas or propane.84%AFUE oil,or15 SEER heat pump heating equipment(zonal electric resistance heating equipment Such as electric resistance heating equipment as the sole source for heating is considered compliant with the high efficiency equipment path). d. "15/19"means R-15 continuous insulated sheathing on the interior or exterior of the home or R-19 cavity insulation at the interior of the basement wall. "15/19"shall be permitted to be met with R-13 cavity insulation on the interior of the basement wall plus R-5 continuous insulated sheathing on the interior or exterior of the home."10/13"means R-10 continuous insulated sheathing on the interior or exterior of the home or R-13 cavity insulation at the interior of the basement wall. Section 11: If any part of this ordinance shall be held unconstitutional or void, such part shall be deemed separable and its invalidity shall not affect the remaining parts of the ordinance. Section 12: The City Clerk is instructed to immediately forward this ordinance to the codifier of the official municipal code for proper revision of the code. Section 13: 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 thisa7 day of T(p,0 , 2015. ••••s•,ssss„���� CITY OF EAGLE, IDAHO •.••Gb.GLE ''••, Ada County, Idaho �•• V o a••aa~a. ,�#1 I o 0 0. ItS)LT,I" L. 1,0 - 1 Q ,y,,� ,,. . •' J s D. Reynolds, ayor '••.,, STA: ••.••• ATTEST: •••..umoss a_ I (._.;i _ 7 tIP •.41_ . di il Sharon K. Bergmann City Clerk/Treasurer ORDINANCE No. 728 Page 32 RE EIVE & FILL°__ ._ CITY OF EAGLE JAN 2 2 2015 Valley Times File: P.O. Box 1790-Eagle, Idaho 83616 Route to: LEGAL ADVERTISING PROOF OF PUBLICATION Account r c1 1 Identification: '''` Zg 1) e-a- Address: 64 0 C—. Ci V k. L E- Run Dates: I�' '- 2.0 [Lt ,G I t l 1 S 5 al L 1-06,1—o Y-L, U. o I l Number Lines T I ( Amount 3c-,64 Attention: __Other V2..9 0 January 19,2015 Thomason, being duly sworn, deposes Legal Notice- f I says: That he is the Principal Clerk of C.__. even that the mes, a weekly newspaper published at 6:30 P.M.at da County, State of Idaho; that the said PUBLIC HEARING IS is to con-aper is in general circulation in the said CITY OF EAGLE if of Ada, and in the vicinity of Meridian, In accordance with Idaho State Code 39-4116(4)(b),legal notice is hereby given that the 2012 inter ld Eagle, and has been uninterruptedly EAGLE CITY COUNCIL will hold a public hearing on January 27,2015 at 6:30 P.M.at rational En-lisped in said County during a period of Eagle City Hall,660 E.Civic Lane,Eagle,Idaho.The purpose of the hearing is to con- E,2012 Fire tight consecutive weeks prior to the first cider` of Idaho.A this notice, a copy of which is attached Ordinance-728,Proposed adoption of the 2012 International Building Code,2012 Inter- meat. to, and that the notice was published in national Existing Building Code,2012 Idaho Residesnisl Code,2012 International En- ' the Hies, in conformity with Section 60-108, ergy Conservation Code,2012 Merchanical Code,2012 Fuel and Gas Code,2012 Fire p°i,` o Code, as amended,for Z- time(s) Code and 2014 National Electrical Code as adopted or amended by the State of Idaho A iular and entire issue of said paper, and copy of the Amendments can be viewed at Eagle City Hall,Building Department. ; .bed in the newspaper proper, and not in a -.~ lent and that said notice was published To review the proposed ordinance in its entirety,visit www.eityufeaale.org or contact the tract-ono or City Clerks Office to obtain a copy. mate on the following y 21 20"8-Winning l�.r✓ L Public testimony is encouraged at the public hearing.WRITTEN COMMENTS must be r, y submitted no less than five(5)working days prior to the day on which the public hearing is 2 scheduled.Qualified individuals who need accessible communication aids and services or other accommodations to participate in programs and activities are invited to make your J 0.,j,` C,_ t C1 t _ needs and preferences known to the 504/ADA Coordinator(Eagle City Clerk),208-939- ng "VY I 66813.Please allow at least three to five days advance notice so we can adequately meet your r "---' Tracy E.Osborn,CMC STATE OF IDAHO) St.Deputy Clerk/Treasurer - )SS Publish:December 29,2014 and January 19,2015 n y COUNTY OFoA2D0A) On this a of . in the •,,,,,,,,,,,,,,,� before me, a Nota ublic, personally appeared •••` P, P E T��, Frank Thomason, known or identified to me to be the person ••:,A ,to v ,�� whose name is subscribed to the within instrument, i a • dery AR Y , ,�iid being by me fi duly sworn, declared that the state nfielltts herein are tru n acknowledged to me that ••••• G • . /I he executed the same.• PUBti� • o Notary Public for Idaho sl,'•,•....,.6,..;)1",,•••• Residin at B ise ID ,��#'' T,, •°••• My Commission expires: