HomeMy WebLinkAbout05-1157 City Code 2003 Int. Building Code
CITY OF MERIDIAN ORDINANCE NO. t/5 --1/51
BY THE CITY COUNCIL: BIRD, DONNELL, ROUNTREE, WARDLE
AN ORDINANCE AMENDING TITLE 10, CHAPTER 1, OF THE MERIDIAN
CITY CODE REGARDING THE BUILDING CODE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING FOR A SUMMARY; AND PROVIDING FOR A
WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
Section 1. That Title 10, of the Meridian City Code is amended to read as
follows:
Title 10
BUILDING REGULATIONS
CHAPTER 1
BUILDING CODES
10~1~1: ADOPTION OF INTERNATIONAL BUILDING CODE,
INTERNATIONAL ENERGY CONSERV A TION CODE AND INTERNATIONAL
RESIDENTIAL CODE:
There is hereby adopted by the mMayor and the eCityeÇouncil, for the purposes of
regulating the erection, construction, enlargement, alteration, repair, moving, removal,
demolition, conversion, occupancy, equipment use, height, area, and maintenance of all
buildings or structures; providing for the issuance of permits, and collection of fees
thereof; providing for penalties for the violation thereof, certain building codes known as
the iInternational bBuilding eÇode, iJnternational fßesidential eÇode, parts I-f.¥ VI and
IX, and t.lnternational eEnergy eçonservation eCode, including all appendices published
by the International Code Council, being particularly the 200GJ edition thereof and the
whole thereof, save and except such portions as hereinafter deleted, modified or amended
by section 10-1-4 ofthis chapter, on file in the eCity eÇlerk's office, and the same are
hereby adopted and incorporated in full as if set forth at length herein. From the date in
which this chapter takes effect, the provisions thereof shall be controlling within the
limits ofthe eCity. (Appendix A to the i.lnternational bßuilding eCode is not adopted.)
(Ord. 02 993, 12 17 2002, off. 1 1 2003)
:HII 2: }..DOPTION OF UNIFORM: CODE FOR ABATEMENT OF DANCEROUS
BUILDINCS:
}\..Definit10ns: For tho purpose oft111s (;Jode, certain terms, phrases, words and their
derivatives shall be construed as specified in either this chapter or as specified in the
BUILDING CODE AMENDMENT - 2005
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building code or the housing code. Where tenllS are not defined, they have their
ordinary accepted meanings within the context 'Nith which they are used. "'"AT ebster's
Third New International Dictionary Of The English Language, Unabridged",
copyright] 986, shan be construed as providing ordinary accepted meanings. Words
t15eà-in the singular include the plural and the plural the singular. Words used in the
masculine gender includo the feminine and the feminine the masculine.
BUILDING CODE: The applicable code regulating construction and building within
the city of Meridian, as adopted by the Meridian city council at section 10 I 1 of this
chapter.
DANGEROUS BUILDING: Any building or structure deemed to be dangerous undor
the provisions of section 302 of this code.
HOUSING CODE: The unifonll housing code promulgated by the lntemational
Conference of Building Officials, as adopted by this jurisdiction.
B.Amendments: 'Within the 1997 unifonll code for abatement of dangerous buildings,
section 103 alterations, additions and repairs and seetion 201 inspection of work
shaH be amended and shall no'." read as fo11O\vs:
Section 103 Alterations, Additions .\nd Repairs. .\ll buildings or structures which
are required to be repaired under the provisions of the intemational building eode.
Section 201 Inspection Of Work. All buildings or structures within the scope of this
code and all constructionffi'-wefk...for which a permit is required shall-be subject to
inspection by the building oftìoial in accordance with and in the manner provided by
this eode and the international building code.
C.PO\vers }Jld Duties Of Building Official: 'Nhenever "building official" is refeITed to
and used in said uniform code for tho abatement of dangerous buildings, it shall be
amended to read "publie works direetor, or designee" and all the powers and duties
imposed by said unifonn code for abatement of dangerous buildings arc hereby
conferred on the "director, or designee" pursuant to the provisions ofthis code.
D. Repayrllen-t Of Repair And Demolition Fllild: All money recovered by payment of the
change or assessment or from the sale of the property at foreclosure sale shall be paid
to the treasurer ofthis jurisdietion, who shall credit the same to the repair and
demolition fund. (Ord...Q4-1097, 8 21 2001)
10~1~2: (Repealed)
10~1~3: ADOPTION OF UNIFORM CODE FOR BUILDING CONSERVATION:
There is hereby adopted by the mMayor and the eCity eÇouncil, for the purpose of
regulating the continued use or reuse oflegally existing buildings and structures;
BUILDING CODE AMENDMENT - 2005
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providing the minimum standards for change of occupancy, alteration or repair of
existing buildings and structures, to be cumulative with and in addition to any other
remedy and regulation provided by the bBuildingeCode, hHousing eCode or otherwise
available by law, the uUniform eCode for bBuilding eConservation, 1997 edition, as
copyrighted by the International Conference of Building Officials, and the whole thereof,
save and except such portions as hereinafter deleted, modified or amended by section 10-
1-4 of this chapter, on file in the eÇitye,Çlerk's EtOffice, and the same are hereby adopted
and incorporated in full as if set forth at length herein. From the date in which this
chapter takes effect, the provisions thereof shall be controlling within the limits of the
eCity. COrd. 02 993, 12 17 2002, eff. 1 1 2003)
10~1~4: AMENDMENTS TO ADOPTED CODES:
Section 105.1 i!nternational bBuilding eCode be and the same is amended with the
addition of subsection 1 05.1.M .~. to provide as follows:
1 05.I.M .;2 Permits Required For Prefabricated And Mobile Structures: No
prefabricated structure, mobile home, or house trailer shall be installed, erected,
constructed, enlarged, altered, repaired, moved, improved, removed, converted or
demolished unless a separate permit for each building or structure has first been
obtained from the building official.
Section 108.2 i-!ntemationaleßuilding eCode be and the same is amended to provide as
follows:
108.2 Permit Fees. The fee for each permit shall be as set forth pursuant with a
schedule of permit fees as established by resolution of the City Council.
The determination of value or valuation under any of the provisions of this code shall
be made by the bßuilding EtOfficial. The value to be used in computing the building
permit and building plan review fees shall be the total value of all construction work
for which the permit is issued as well as all finish work, painting, roofing, electrical,
plumbing, heating, air conditioning, elevators, fire extinguishing systems and any
other permanent equipment.
Section 312.1 iInternational bBuilding eCode be and the same is amended with the
deletion of the requirement for agricultural buildings to comply with the International
Energy Conservation Code.
Section 1805.4 i-!nternational bBuilding eCode be and the same is amended with the
addition of subsection 1805.4.5 and 1805.4.6 to provide as follows:
1805.4.5 Wood. Regardless ofthe provisions ofthe Uniform International
fResidential Code, this Chapter, related Chapters, Appendices or Tables, the City of
Meridian shall not allow wood, treated or otherwise, to be used for footings or
foundations.
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Section R402.] i:1nternational fßesidential e.code be and the same is amended to provide
as follows:
R402.1 Wood. Regardless of the provisions of the Unif(mn International Building
Code, this Chapter, related Chapters, Appendices or Tables, the City of Meridian
shall not allow wood, treated or otherwise, to be used for footings or foundations.
Section R309.2 International Residential Code be and the same is amended to provide as
follows:
R309.2 Walls and eciling of garages shall be covered with not less than 5/8-inch (15.9
mm) Type X gypsum board or equivalent.
(Ord.02 993, 12 17 2002, eff. 1 1 2003)
10~1~5: MOBILE HOMES, TRAILER HOUSES AND PREFABRICATED
STRUCTURES:
Any mobile home, house trailer, or prefabricated structure constructed prior to moving in
or placement on any lot or parcel within the e,Ç,ity shall be considered as a building or
structure subject to regulation by the 200G3 Hnternationaleßuilding eCode. COrd. 02 .
993, 12 17 2002, eff. ] ] 2003)
10~1~6: SOLID FUEL HEATING APPLIANCES:
A.Short Title And Purpose: This section shall be known and cited as the SOLID FUEL
HEATING APPLIANCE ORDINANCE. The purpose ofthis section is to protect air
quality resources vital to public health and safety and the economic future of
Meridian by controlling emissions from the burning of solid fuel.
B.Definitions: For the purpose of this section, the following terms, phrases, words and
derivations shall have the meanings herein. The word "shall" is always mandatory
and not merely directory.
BUILDING: Any structure, dwelling, office, industrial plant, garage, or barn, whether
publicly or privately owned or any other structure as defined by the tIntemational
e~uilding eCode as adopted by section 10-1-1 of this chapter.
CLEAN BURNING APPLIANCE: A solid fuel heating appliance that has been
certified as clean burning by the Oregon dDepartment of eEnvironmental E):Quality.
PERSON: Any individual, firm, partnership, association, corporation, company,
organization, or government entity.
SOLID FUEL: Any form of untreated wood or coal.
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SOLID FUEL HEATING APPLIANCE: A device designed for solid fuel combustion
so that usable heat is derived for the interior of a building, including, but not limited
to, solid fuel fired cooking stoves, potbellied stoves, Franklin stoves, airtight stoves,
fireplace inserts, or combination fuel fumaces or boilers which bum solid fuel.
Fireplaces with air to fuel ratios that exceed thirty to one (30: 1) are exempt.
C.Solid Fuel Heating Appliance Permits:
1. It shall be unlawful for any person in the e£)ty to install a solid fuel heating
appliance in any new or existing building without first obtaining from theeCity
:6ßuilding ¡Inspector a 5~01id fEuel hHeating aAppliance rpermit.
2. It shall be unlawful on or after the effective date hereof for any person in theeÇity
to advertise for sale, offer to sell, or sell, for installation in any new or existing
building, a solid fuel heating appliance which has not been certified as clean burning
by the Oregon dDepartment of eEnvirorunental tïQuality.
D.Issuance Of Solid Fuel Heating Appliance Permits:
1. No s~olid tEuel hHeating aAppliance rfermit shall be issued by theeÇ.ity
bßuilding iInspector or his designee for the installation of a solid fuel heating
appliance which has not been certified as clean burning by the Oregon àDepartment
of egnvirorunental tïQuality.
2. The eÇity b.B.uilding ilnspector shall maintain a list of appliances certified to be
clean burning by the Oregon àQepartment of egnvirorunental tïQuality.
E.Deniai Of Permit:
1. Upon a showing of sufficient cause to believe that grounds exist for the denial of a
pennit, the eCity bBuilding t.Inspector or his designee may deny said permit by
sending a written notice containing the grounds for said denial and the applicant's
appeal rights to the eCity eÇouncil. Such written notice shall be mailed regular first
class postage.
2. Failure of a person to actually receive a notice sent shall not invalidate the denial.
3. The applicant, upon reeeiving notice of the denial, may appeal said denial by filing
a written application with the eCity e,Ç1erk for a hearing before the eCity eCouncil.
Such written appeal must be filed with the eCity eClerk within fifteen (15) days of the
issuance date of the notice of denial.
F .Denial Hearing And Determination By Board: At any hearing before the eCity
eÇouncil pursuant to this section applicant may present evidence, call witnesses and
be represented by counsel. Within fifteen (15) working days after the date ofthe
hearing, the eCity eCouncil shall, after making appropriate findings, either:
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1. Uphold the denial by the aBuilding i-Inspector or his designee, or
2. Allow the issuance ofthe permit.
G .Appeal Of Decision Of Board: The decision of the eCity eCouncil on a denial shall be
final and conclusive. Appeal from a decision ofthe eÇity eCouncil must be made to
the èDistrict eCourt of the 5~tate of Idaho, in and for the eCounty of Ada under the
Idaho aAdministrative rfrocedures aAct.
H.Cooperation With Boise City And Ada County In An Incentive Program: TheeCity
shall cooperate with the eCity of Boise and Ada County in endeavors to create, and, if
possible, provide funding for an incentive program for the installation of clean
burning solid fuel heating appliances in buildings. COrd. 02 993, 12 17 2002, eff. 1 1
.~
10~1~ 7: SAVING CLAUSE:
Nothing in this chapter or in the iInternational bBuilding eÇode or unifonn code for
building conservation, as adopted and amended herein shall be construed to affect any
suit, action, or proceeding now pending in any court, or any rights acquired, or liability
incurred, nor any cause or causes of action accrued or existing, under any act or
ordinance repealed hereby. Nor shall any right or remedy of any character be lost,
impaired or affeeted by this chapter. COrd. 02 993, 12 17 2002, eft: 1 1 2003)
10~1~8: VALIDITY:
The eCity eÇouncil hereby declares that any section, paragraph, sentence or word of this
chapter or of the t.þlternational bBuilding eCode or unifonn code for building
conservation, as adopted and amended herein be declared for any reason to be invalid it is
the intent ofthe Meridian eCity eÇouncil that it would have passed all other portions of
this chapter independent of the elimination herefrom of any portion as may be declared
invalid. COrd. 02 993, 12 17 2002, off. 1 I 2003)
10~1~9: PENALTIES:
A.Misdemeanor; Penalty Imposed: A violation of this chapter is hereby declared to be a
misdemeanor and any person who violates any of the provisions of this chapter or of
the iInternational bBuilding eCode, --ilnternational FResidential eCode, parts I-I¥ VI
and IX, and tlntemational eEnergy eConservation eCode or unifonn code for building
conservation, as adopted and amended herein or fails to comply herewith, or who
violates or fails to comply with any order made thereunder, or who builds in violation
of any detailed statement of specifications or plans submitted and approved
thereunder, or any certificate or pennit issued thereunder, and from which no appeal
has been taken, or fails to comply with such an order as affirmed or modified by the
board of appeals as provided for under section ~ 112 of the ilnternational bBuilding
eCode or by a court of competent jurisdiction, within the required time, shall
BUILDING CODE AMENDMENT - 2005
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severally for each and every such violation and noncompliance, respectively, be
guilty of a misdemeanor punishable as provided in section 1-4-1 of this code. The
imposition of one penalty for any violation shall not excuse the violation or permit it
to continue; and all such persons shall be required to COITect or remedy such
violations or defects within a reasonable time; and when not otherwise specified, each
ten (10) days that prohibitive conditions are maintained shall constitute a separate
offense.
B.Removal Of Prohibitive Conditions: The application of the above penalties shall not be
held to prevent the enforced removal of prohibitive conditions.
c.Civil Action: Whenever it appears to the eCity eCouncil that any person has engaged
or is about to engage in any act or practice violating any provision of this chapter, the
eCity eCouncil may institute a civil action in the dDistrict eçourt to enforce
compliance with this chapter. Upon a showing that a person has engaged or is about
to engage in an act or practice constituting a violation of this chapter, a permit or
temporary injunction, restraining order or other such relief as the court deems
appropriate may be granted. The eCity eÇouncil shall not be required to furnish any
bond in said civil proceeding. (Ord. 02 993, 12 17 2002, etf. -l 1 2003)
Section 2. That pursuant to the affirmative vote of one-half (1/2) plus one (1)
of the Members of the full Council, the rule requiring two (2) separate readings by title
and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly,
this Ordinance shall be in full force and effect upon its passage, approval and publication.
~ PASSED by the City Council of the City of Meridian, Idaho, this 28~day of
J Vvz..L. , 2005.
.;Ji. APPROVED by the Mayor of the City of Meridian, Idaho, this Zß'Þ day of
~ , 2005.
APPROVED:
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NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.c. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 05- 1(57
PROVIDING FOR AN AMENDMENT MERIDIAN CITY
BUILDING CODE ORDINANCE
An Ordinance of the City of Meridian amending Title 10, Chapter 1, of the Meridian
City Code regarding the Building Code and the adoption of the International Building
Code with some exceptions.
A full text of this ordinance is available for review at City Hall, City of Meridian, 33
East Idaho, Meridian, Idaho. This ordinance shall be in full force and effect after its
passage, approval and publication on or about August 1,2005.
C¿~!~/9-
Mayor and City Council
By: William G. Berg, Jr., City Clerk
First Reading: G- be -fl S
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
50-902: YES >< NO
Second Reading:
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. 05~ 1(5"7
The undersigned, William LM. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of
the attached Ordinance No. 05- / ( r?'7 of the City of Meridian, Idaho, and
has found the same to be true and complete and provides adequate notice to the public
pursuant to Idaho Code § 50-901A (3).
DATED this 2-ß1'Þ day of June, OO,ß'} ~
UtI, ~
William. LM. Nary
City Attorney
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