HomeMy WebLinkAboutJoseph B & Carolyn R. Chandler Trust MOA Compliance with International Building Code Section 705 C�
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MEMO TO CITY COUNCIL
Request to Include Topic on the City Council Agenda
From: Emily Kane, Deputy City Attorney Meeting Date: August 10, 2021
Presenter: Bill Nary Estimated Time: .5 minutes
Topic: Memorandum of Agreement between City of Meridian and Joseph B. & Carolyn R.
Chandler Trust 3/20/20 for Compliance with International Building Code Section 705
Recommended Council Action:
Authorize the Mayor's signature to allow the City to enter into this agreement with Joseph B. &
Carolyn R. Chandler Trust 3/20/20
Background:
The northern exterior wall of a building under construction has been constructed 2.15 feet from
the northern property line. Because this wall is an exterior wall with windows and combustible
projections, section 705 of the 2018 International Building Code typically requires, among other
things, that the wall either meet fire resistance rating, area, protection, and vertical separation
specifications, which it does not, or be built at least 20 feet from the property line, which it is not.
Rather than require that the wall be torn out and reconstructed with no windows and with fire
resistance rating, or that the building be torn down and moved 20 feet from the property line, the
Building Official has authorized the correction of this violation by the establishment of a no build
easement along the southern property line of the adjacent property,which is owned by the same
owner. The no build easement will establish adequate fire separation on a permanent basis, and
will allow the building under construction to be completed in its current location. This agreement
establishes terms and conditions of this arrangement. A no build easement will be negotiated and
submitted for City Council's approval.
MEMORANDUM OF AGREEMENT
FOR COMPLIANCE WITH INTERNATIONAL BUILDING CODE SECTION 705
This MEMORANDUM OF AGREEMENT FOR COMPLIANCE WITH
INTERNATIONAL BUILDING CODE SECTION 705 ("Agreement")is made this IOth day of
August , 2021 ("Effective Date"),by and between the City of Meridian,a municipal
corporation organized under the laws of the State of Idaho("City"),and the Joseph B. &Carolyn
R. Chandler Trust 3/20/20,a trust organized under the laws of the State of Idaho("Owner")
(collectively, "Parties").
WHEREAS,Owner is constructing a building on 650 W. Franklin Road, in Meridian
Idaho, Ada County parcel no. S 1212438485,legally described as PAR#8485 OF SW4SE4 SEC
12 3N 1 W (`Benefited Property"), which real property is owned by Owner;
WHEREAS, Owner also owns the adjacent real property, to the north of the Benefited
Property,at 658 W. Franklin Road, in Meridian Idaho, Ada County parcel no. S 1212438486,
legally described as PAR#8486 OF SW4SE4 SEC 12 3N 1 W (`Burdened Property");
WHEREAS,the north wall of the building under construction on Benefited Property
(`Building") is 2.15 feet from the northern boundary of the Benefited Property, and such wall is
an exterior wall designed and constructed with combustible projections and openings;
WHEREAS,by ordinance codified at Meridian City Code section 10-1-1(A),City has
adopted the 2018 International Building Code ("IBC"),as amended;
WHEREAS,IBC section 705, attached hereto as Exhibit A,requires, inter alia, that an
exterior wall designed and constructed with combustible projections and openings must either
meet the fire resistance rating,area,protection,and vertical separation specifications of IBC
section 705, or be at least 20 feet from the northern boundary of the Benefited Property;
WHEREAS,for the purpose of facilitating the continued and complete construction of
the Building in compliance with the IBC, and rather than requiring Owner to bring the north wall
of the Building into compliance with the fire resistance rating, area, protection, and vertical
separation specifications of IBC section 705,City is willing to allow Owner to burden the
Burdened Property with a no build easement, 20 feet wide,on the south boundary of the
Burdened Property, which easement will be recorded against the Burdened Property;
NOW,THEREFORE,for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
MEMORANDUM OF AGREEMENT FOR COMPLIANCE WITH IBC SECTION 705 PAGE 1
I. Owner to prepare legal description. At Owner's sole expense, Owner shall survey and
deliver to City,by 5:00 p.m. on August 30, 2021,a legal description of the area to comprise
the no build easement, which legal description shall include a metes and bounds description
of the south twenty feet(20')of the Burdened Property, across the full southern boundary of
the Burdened Property, from the western boundary to the eastern boundary of the Burdened
Property.
II. City to prepare no build easement. Within seven(7)days of Owner's delivery of the legal
description of the no build easement area,at City's sole expense, City shall prepare and
deliver to Owner for Owner's negotiation and signature,a no build easement agreement, the
terms of which shall include, inter alia, A)a permanently encumbrance of the south twenty
feet(20')of Burdened Property, across the full southern boundary thereof, from west to east;
and B)a condition that no building shall ever be constructed within the easement unless and
until the Building is demolished or the north exterior wall of the Building is altered to
comply with the IBC,including, without limitation, IBC section 705. Within seven(7)days
of City's delivery of the proposed no build easement agreement, Owner shall negotiate and
sign the no build easement agreement.
III.City to record no build easement. Upon approval of the Meridian City Council and
execution by the Mayor,City shall record the no build easement against both the Benefited
Property and the Burdened Property, and shall submit proof of such recording to Owner.
IV.Release. In consideration of, and in reliance on, City's assurances,the terms and conditions
of this Agreement, and the conditions precedent as set forth in this Agreement, Owner, for
itself and its affiliates, successors, and assigns, by its execution of this Agreement, hereby
fully,completely, and forever releases,remises,and discharges, and agrees to reimburse,
defend, indemnify, and hold harmless City and its officers and employees,from any and all
claims,actions, causes of action, lawsuits,demands,damages, injuries,losses,costs,and
liabilities whatsoever, whether currently known,unknown,or which may arise in the future,
resulting from, arising out of, or in any way connected to the City's issuance of permits,
approval of plans, or interpretation, application, or enforcement of the International Building
Code as adopted and amended by Meridian City Code or other laws,as to the Building
and/or any matter related thereto and to this Agreement. The foregoing release is a condition
precedent to City entering into this Agreement and shall survive the termination of this
Agreement. It is to be interpreted broadly so as to provide City, and its officers and
employees,the maximum protection permitted by law.
V. Stop Work Order removed.In consideration of,and in reliance on, Owner's assurances and
the conditions precedent as set forth in this Agreement,the Meridian Building Official shall
remove the Stop Work Order that he posted on the Building on July 26, 2021 due to the IBC
section 705 violation presented by the construction of the north wall of the Building.
Nothing in this Agreement shall in any way limit the Building Official's authority to enforce
this any and all other applicable provisions of the IBC,including such authority or provisions
as may relate to the construction project at Benefited Property. Unless and until the no build
easement is fully executed and recorded against Burdened Property,nothing in this
MEMORANDUM OF AGREEMENT FOR COMPLIANCE WITH IBC SECTION 705 PAGE 2
Agreement shall in any way limit the Building Official's authority to enter or re-enter a Stop
Work Order due to the IBC violation(s)presented by the construction of the north wall of the
Building,or by any other condition.
VI.Default. Any failure to perform the terms and conditions of this Agreement, or any portion
thereof, shall be a default hereunder. In the event of a default, the non-defaulting party may
serve a written notice of default upon the defaulting party by the method set forth herein.
Except in case of an imminent or realized threat to the public health, safety,or welfare, the
defaulting party shall have five (5)days following delivery of such notice to cure or correct
the default before the non-defaulting party may seek any remedy as provided herein. In the
event of Owner's default,City may refuse to issue certificate of occupancy, refuse to provide
water service to Property, and/or any other remedy available to City in law or equity,
including under the IBC. Notwithstanding any other provision of this Agreement,this
provision shall be binding upon the Parties and upon any and all successors in interest
thereof.
VII. Notices. Any notice desired by the Parties or required by this Agreement shall be
deemed delivered after deposit in the United States Mail, postage prepaid, addressed as
follows:
City: City of Meridian
Attn: Building Official
33 E. Broadway Ave.
Meridian, Idaho 83642
Owner: Joseph B. &Carolyn R. Chandler Trust 3/20/20
Joseph B. Chandler, Trustee
4637 W. Maricopa Drive
Eagle ID 83616
Either Party may change its address for the purpose of this section by delivering to the other
Party written notification of such change, establishing a new address for noticing purposes, in
accordance with the requirements of this section.
VHL Time is of the essence. The Parties acknowledge and agree that time is strictly of the
essence with respect to each and every term,condition, and provision hereof,and that the
failure to timely perform any of the obligations hereunder shall constitute a breach and
default hereunder by the Party so failing to perform.
IX.Binding upon successors. This Agreement shall be binding upon Owner, any and all
owners of Benefited Property, any and all owners of Burdened Property,any and all
subsequent owners of Benefited and/or Burdened Property, and each and every other person
acquiring an interest in Benefited Property or Burdened Property. Nothing herein shall, or
shall be construed to, in any way prevent the sale or alienation of Benefited Property or
Burdened Property, or any portion thereof,except that any sale or alienation shall occur
subject to the provisions of this Agreement, and any successive owner or owners shall be
both benefited and bound by the conditions and restrictions herein expressed.
MEMORANDUM OF AGREEMENT FOR COMPLIANCE WITH IBC SEcrION 705 PAGE 3
X. Severability. If any provision of this Agreement is held invalid by a court of competent
jurisdiction, such provision shall be deemed to be excised here from and the invalidity
thereof shall not affect any other provision or provisions contained herein.
XI.Final Agreement. This Agreement sets forth all promises,inducements, agreements,
conditions, and understandings between City and Owner relative to the subject matter hereof,
and there are no promises,agreements, conditions, or understandings, either oral or written,
express or implied, between City and Owner,other than as are stated herein. Except as
otherwise specifically provided herein, no subsequent alteration, amendment,change,or
addition to this Agreement shall be binding upon the Parties unless set forth in writing and
duly executed by both Parties or their successors in interest.
XII. Non-waiver. Failure of either Party to promptly enforce the strict performance of any term
of this Agreement shall not constitute a waiver or relinquishment of any Party's right to
thereafter enforce such term,and any right or remedy hereunder may be asserted at any
time after either party becomes entitled to the benefit thereof, notwithstanding delay in
enforcement. All rights and remedies herein enumerated shall be cumulative and none
shall exclude any other right or remedy allowed by law. Likewise,the exercise of any
remedy provided for herein or allowed by law shall not be to the exclusion of any other
remedy.
XIH.Compliance with laws. Throughout the course of this Agreement,the Parties shall comply
with all applicable laws, ordinances, and codes of Federal, State, and local governments.
This Agreement shall be governed by and construed and enforced in accordance with the
laws of the State of Idaho, and the ordinances of the City of Meridian. The City's
ordinances appertaining to the regulation,control,and use of its sewer and water systems,
and any prospective amendments to and/or recodifications thereof,are specifically and
without limitation incorporated into this Agreement as if set forth fully herein.
XIV.Warranty of authority. The undersigned expressly warrants that,to the extent set forth
herein, he is duly authorized to act as the representative and agent of the Joseph B. &
Carolyn R Chandler Trust 3/20/20 and each and every trustee and beneficiary thereof. The
undersigned further warrants that he is authorized to bind the Joseph B. &Carolyn R.
Chandler Trust 3/20/20 and its members to the obligations set forth herein,and to accept
the liabilities as established herein on behalf of the Joseph B. &Carolyn R. Chandler Trust
3/20/20 and its trustees and beneficiaries.
XV. Advice of attorney. Each party warrants and represents that in executing this Agreement,
it has received independent legal advice from its attorney or the opportunity to seek such
advice.
XVI.City Council approval required. The validity of this Agreement shall be expressly
conditioned upon City Council action approving this Agreement. Execution of this
Agreement by the persons referenced below prior to such ratification or approval shall not
be construed as proof of validity in the absence of Meridian City Council approval.
MEMORANDUM OF AGREEMENT FOR COMPLIANCE WITH IBC SECTION 705 PAGE 4
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the
Effective Date first written above.
JOSEPH B. & CAROLYN R. TRUST 3/20/20:
STATE OF IDAHO )
ss:
County of &J41 } y2y
eph . Chandler, Trustee I HEREBY CERTIFY that on this 27 day of i-,
2021,before the undersigned, a Notary Public in the S to of
Idaho,personally appeared JOSEPH B.CHANDLER,proven
to me to be the person who executed the said instrument,and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF,I have hereunto set my hand and
RAY M PARKINSON affixed my official seal,the day and year in this certificate
17907 first above writte
NOTARtr pUEILIe
STATE OF IDAHO
Notdry Pu lic for Idaho
Residing at T'S 0a ,Idaho
My Commission Expires:
CITY OF MERIDIAN:
Attest:
Robert E. Simison, Mayor 8-10-2021 Chris Johnson,City Clerk 8-10-2021
STATE OF IDAHO )
)ss:
County of Ada }
I HEREBY CERTIFY that on this 10th day of
August 2021 before the undersigned, personally
appeared ROBERT E. SIMISON and CHRIS JOHNSON,
known or identified to me to be the Mayor and City Clerk,
respectively, of the City of Meridian, who executed the
instrument on behalf of the City of Meridian, and
acknowledged to me that the City of Meridian executed the
same.
IN WITNESS WHEREOF,I have hereunto set my hand and
affixed my official seat the day and year in this certificate first
above written.
Notary Public for Idaho
Residing at Meridian _ ,Idaho
My Commission Expires: 3-28-2022
MEMORANDUM OF AGREEMENT FOR COMPLIANCE WITH IBC SECTION 705 PAGE 5
100885595
SMOKE PROTECTION FEATURES Exhibit A
when compared to the bond strength of the cies with a fire separation distance greater than or
SFRM as applied to clean uncoated'/$inch-thick equal to 5 feet(1524 mm). **
(3.2 mm)steel plate. 705.2.3.1 Balconies and similar projections. Balco-
704.13.4 Temperature. A minimum ambient and sub- nies and similar projections of combustible construc-
strate temperature of 407 (4.44°C) shall be maintained tion other than fire-retardant-treated wood shall be fire-
during and for not fewer than 24 hours after the applica- resistance rated where required by Table 601 for floor
tion of the SFRM, unless the manufacturer's instructions construction or shall be of heavy timber construction in
allow otherwise. accordance with Section 2304.11.The aggregate length
704.13.5 Finished condition. The fmished condition of of the projections shall not exceed 50 percent of the
SFRM applied to structural members or assemblies shall building's perimeter on each floor.
not,upon complete drying or curing,exhibit cracks,voids, Exceptions:
spalls, delamination or any exposure of the substrate. Sur- 1. On buildings of Types I and II construction,
face irregularities of SFRM shall be deemed acceptable. three stories or less above grade plane, fire-
retardant-treated wood shall be permitted for
SECTION 705 balconies, porches, decks and exterior stair-
ways not used as required exits.
EXTERIOR WALLS 2. Untreated wood and plastic composites that
705.1 General.Exterior walls shall comply with this section. comply with ASTM D7032 and Section 2612
705.2 Projections. Cornices, eave overhangs, exterior balco- are permitted for pickets, rails and similar
nies and similar projections extending beyond the exterior guard components that are limited to 42 inches
wall shall conform to the requirements of this section and (1067 mm)in height.
Section 1405. Exterior egress balconies and exterior exit 3. Balconies and similar projections on buildings
stairways and ramps shall comply with Sections 1021 and of Types III, IV and V construction shall be
1027,respectively. Projections shall not extend any closer to permitted to be of Type V construction and
the line used to determine the fire separation distance than shall not be required to have afire-resistance
shown in Table 705.2. rating where sprinkler protection is extended
Exception: Buildings on the same lot and considered as to these areas.
portions of one building in accordance with Section 705.3 4. Where sprinkler protection is extended to the
are not required to comply with this section for projections balcony areas,the aggregate length of the bal-
between the buildings. cony on each floor shall not be limited.
TABLE 705.2 705.2.4 Bay and oriel windows. Bay and oriel windows
MINIMUM DISTANCE OF PROJECTION constructed of combustible materials shall conform to the
FIRE SEPARATION MINIMUM DISTANCE FROM LINE type Of construction required for the building to which
DISTANCE-FSD(feet) USED TO DETERMINE FSD they are attached.
0 to less than 2 Projections not permitted Exception: Fire-retardant-treated wood shall be per-
2 to less than 3 24 inches mitted on buildings three stories or less above grade
24 inches plus 8 inches for every foot plane of Type I,II,III or IV construction.
3 to less than 5 of FSD beyond 3 feet or fraction 705.3 Buildings on the same lot. For the purposes of deter-
thereof mining the required wall and opening protection, projections
5 or greater 140 inches and roof-covering requirements, buildings on the same lot
shall be assumed to have an imaginary line between them.
For SI: 1 foot=304.8 mm;I inch=25.4 mm. Where a new building is to be erected on the same lot as
705.2.1 Types I and II construction. Projections from an existing building, the location of the assumed imaginary
walls of Type I or II construction shall be of noncombusti- line with relation to the existing building shall be such that
ble materials or combustible materials as allowed by Sec- the exterior wall and opening protection of the existing build-
tions 705.2.3.1 and 705.2.4. ing meet the criteria as set forth in Sections 705.5 and 705.8.
705.2.2 Type III,IV or V construction.Projections from Exceptions:
walls of Type III, IV or V construction shall be of any 1. Two or more buildings on the same lot shall be
approved material. either regulated as separate buildings or shall be
705.2.3 Combustible projections. Combustible projec- considered as portions of one building if the aggre-
tions extending to within 5 feet(1524 mm)of the line used gate area of such buildings is within the limits speci-
to determine the fire separation distance shall be of not fied in Chapter 5 for a single building. Where the
less than 1-hour fire-resistance-rated construction, heavy buildings contain different occupancy groups or are
timber construction, complying with Section 2304.11, of different types of construction, the area shall be
fire-retardant-treated wood or as permitted by Section that allowed for the most restrictive occupancy or
705.2.3.1. construction.
Exception: Type VB construction shall be allowed for 2. Where an S-2 parking garage of Construction Type I
combustible projections in Group R-3 and U occupan- or IIA is erected on the same lot as a Group R-2
126 2018 INTERNATIONAL BUILDING CODE®
' Copyright @ zor9ICC.ALL RIGHTS RESERVED.Accessed by Kari Hibbard(khibbard@meridiancity.org),(City of Meridian)Order Number#100885595 on Jun az,2020 o8:55 AM(PDT)pursuant to License
Agreement with ICC.No further reproduction,no further reproductions by any third party,or distribution authorized.Singte user only,copying and networking prohibited.ANY UNAUTHORIZED
REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT,AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER.
100885595
FIRE AND SMOKE PROTECTION FEATURES
building, and there is no fire separation distance percentages specified in Table 705.8 based on the fire sep- I
between these buildings, then the adjoining exterior aration distance of each individual story.
walls between the buildings are permitted to have Exceptions:
occupant use openings in accordance with Section
706.8. However, opening protectives in such open- 1. In other than Group H occupancies, unlimited
ings shall only be required in the exterior wall of the unprotected openings are permitted in the first
S-2 parking garage,not in the exterior wall openings story above grade plane where the wall faces one
in the R-2 building, and these opening protectives in of the following:
the exterior wall of the S-2 parking garage shall be 1.1. A street and has afire separation distance
not less than 1'/2 hour fire protection rating. of more than 15 feet(4572 mm).
705.4 Materials.Exterior walls shall be of materials permit- 1.2. An unoccupied space. The unoccupied
ted by the building type of construction. space shall be on the same lot or dedi-
705.5 Fire-resistance ratings. Exterior walls shall be fire- cated for public use,shall be not less than
resistance rated in accordance with Tables 601 and 602 and 30 feet (9144 mm) in width and shall
this section. The required fire-resistance rating of exterior have access from a street by a posted fire
walls with afire separation distance of greater than 10 feet lane in accordance with the International
(3048 mm)shall be rated for exposure to fire from the inside. Fire Code.
The required fire-resistance rating of exterior walls with a 2. Buildings whose exterior bearing walls, exterior
fire separation distance of less than or equal to 10 feet(3048 nonbearing walls and exterior primary structural
mm)shall be rated for exposure to fire from both sides. frame are not required to be fire-resistance rated
705.6 Structural stability. Exterior walls shall extend to shall be permitted to have unlimited unprotected
the height required by Section 705.11. Interior structural openings.
elements that brace the exterior wall but that are not located 705.8.2 Protected openings.Where openings are required
within the plane of the exterior wall shall have the minimum to be protected, opening protectives shall comply with I
fire-resistance rating required in Table 601 for that struc- Section 716.
tural element. Structural elements that brace the exterior
wall but are located outside of the exterior wall or within the Exception: Opening protectives are not required
plane of the exterior wall shall have the minimum fire-resis- where the building is equipped throughout with an
tance rating required in Tables 601 and 602 for the exterior automatic sprinkler system in accordance with Section
wall. 903.3.1.1 and the exterior openings are protected by a
705.7 Unexposed surface temperature. Where protected Water curtain using automatic sprinklers approved for
openings are not limited by Section 705.8, the limitation on that use.
the rise of temperature on the unexposed surface of exterior 705.8.3 Unprotected openings.Where unprotected open-
walls as required by ASTM E119 or UL 263 shall not apply. ings are permitted, windows and doors shall be con-
Where protected openings are limited by Section 705.8, the structed of any approved materials. Glazing shall conform
limitation on the rise of temperature on the unexposed surface to the requirements of Chapters 24 and 26.
of exterior walls as required by ASTM E119 or UL 263 shall 705.8.4 Mixed openings. Where both unprotected and
not apply provided that a correction is made for radiation protected openings are located in the exterior wall in any
from the unexposed exterior wall surface in accordance with story of a building, the total area of openings shall be
the following formula: determined in accordance with the following:
AQ=A+(Af X FJ (Equation 7-1) (AP a,)+(A,f au)<_ 1 (Equation 7-2)
where: where:
Ae = Equivalent area of protected openings. AP = Actual area of protected openings, or the equivalent
A = Actual area of protected openings. area of protected openings,Ae(see Section 705.7).
Af = Area of exterior wall surface in the story under aP = Allowable area of protected openings.
consideration exclusive of openings, on which the Au = Actual area of unprotected openings.
temperature limitations of ASTM E119 or UL 263 for
walls are exceeded. au = Allowable area of unprotected openings.
F,0= An "equivalent opening factor" derived from Figure 705.8.5 Vertical separation of openings. Openings in
705.7 based on the average temperature of the exterior walls in adjacent stories shall be separated verti-
unexposed wall surface and the fire-resistance rating cally to protect against fire spread on the exterior of the
of the wall. buildings where the openings are within 5 feet(1524 mm)
705.8 Openings. Openings in exterior walls shall comply of each other horizontally and the opening in the lower
with Sections 705.8.1 through 705.8.6. story is not a protected opening with afire protection rat-
705.8.1 Allowable area of openings. The maximum area ing of not less than 3/4 hour. Such openings shall be sepa-
rated vertically not less than 3 feet(914 mm)by spandrel
of unprotected and protected openings permitted in an girders, exterior walls or other similar assemblies that
exterior wall in any story of a building shall not exceed the
2018 INTERNATIONAL BUILDING CODE® 127
' Copyright @ zW71CC.ALL RIGHTS RESERVED.Accessed by Kari Hibbard(khibbard@meridiancity.org),(City of Meridian)Order Number#100885595 on Jun 22,2020 08:53 AM(PDT)pursuant to License
Agreement with ICC.No further reproduction,no further reproductions by any third party,or distdbution authorized.Single user only,copying and networking prohibited.ANY UNAUTHORIZED
REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT,AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER.
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INTERNATIONAL CODE COUNCIL '
100885595
FIRE AND SMOKE PROTECTION FEATURES
TABLE 705.8
MAXIMUM AREA OF EXTERIOR WALL OPENINGS BASED ON
FIRE SEPARATION DISTANCE AND DEGREE OF OPENING PROTECTION
FIRE SEPARATION DISTANCE(feet) DEGREE OF OPENING PROTECTION ALLOWABLE AREAa
Unprotected,Nonsprinklered(UP,NS) Not Permitted"
0 to less than 3b,`,k Unprotected,Sprinklered(UP,S)' Not Permitted"
Protected(P) Not Permitted"
Unprotected,Nonsprinklered(UP,NS) Not Permitted
3 to less than 5�e Unprotected,Sprinklered(UP,S)' 15%
Protected(P) 15%
Unprotected,Nonsprinklered(UP,NS) 10%"
5 to less than 10,',' Unprotected,Sprinklered(UP,S)' 25%
Protected(P) 25%
Unprotected,Nonsprinklered(UP,NS) 15%"
10 to less than 15e,L,9,J Unprotected,Sprinklered(UP,S)' 45%
Protected(P) 45%
Unprotected,Nonsprinklered(UP,NS) 25%
15 to less than 20f 9,J Unprotected,Sprinklered(UP,S)' 75%
Protected(P) 75%
Unprotected,Nonsprinklered(UP,NS) 45%
20 to less than 25"9,J Unprotected,Sprinklered(UP,S)' No Limit
Protected(P) No Limit
Unprotected,Nonsprinklered(UP,NS) 70%
25 to less than 30,9,J Unprotected,Sprinklered(UP,S)' No Limit
Protected(P) No Limit
Unprotected,Nonsprinklered(UP,NS) No Limit
30 or greater Unprotected,Sprinklered(UP,S)' No Limit
Protected(P) No Limit
For SI: 1 foot=304.8 mm.
UP,NS=Unprotected openings in buildings not equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.
UP,S=Unprotected openings in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.
P=Openings protected with an opening protective assembly in accordance with Section 705.8.2.
a. Values indicated are the percentage of the area of the exterior wall,per story.
b. For the requirements for fire walls of buildings with differing heights,see Section 706.6.1.
c. For openings in a fire wall for buildings on the same lot,see Section 706.8.
d. The maximum percentage of unprotected and protected openings shall be 25 percent for Group R-3 occupancies.
e. Unprotected openings shall not be permitted for openings with a fire separation distance of less than 15 feet for Group H-2 and H-3 occupancies.
f The area of unprotected and protected openings shall not be limited for Group R-3 occupancies,with a fire separation distance of 5 feet or greater.
g. The area of openings in an open parking structure with a fire separation distance of 10 feet or greater shall not be limited.
h. Includes buildings accessory to Group R-3.
i. Not applicable to Group H-1,H-2 and H-3 occupancies.
j. The area of openings in a building containing only a Group U occupancy private garage or carport with a fire separation distance of 5 feet or greater shall not
be limited.
k. For openings between S-2 parking garage and Group R-2 building,see Section 705.3,Exception 2.
705.9.1 Voids. The void created at the intersection of a 705.11 Parapets. Parapets shall be provided on exterior
floor/ceiling assembly and an exterior curtain wall assem- walls of buildings.
bly shall be protected in accordance with Section 715.4. Exceptions: A parapet need not be provided on an exte-
705.10 Ducts and air transfer openings.Penetrations by air rior wall where any of the following conditions exist:
ducts and air transfer openings in fire-resistance-rated exte- 1. The wall is not required to be fire-resistance rated in
rior walls required to have protected openings shall comply accordance with Table 602 because of fire separa-
with Section 717. tion distance.
Exception: Foundation vents installed in accordance with 2. The building has an area of not more than 1,000
this code are permitted. square feet(93 m2)on any floor.
2018 INTERNATIONAL BUILDING CODE® 129
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+ ' + I Agreement with ICC.No f no cther reproduction, further reproductions by any third party,or distribution authorized.Single user only,copying and networking prohibited.ANY UNAUTHORIZED
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FIRE AN SMOKE PROTECTION FEATURES
3. Walls that terminate at roofs of not less than 2-hour and the wall intersect.Where the roof slopes toward a par-
fire-resistance-rated construction or where the roof, apet at a slope greater than two units vertical in 12 units
including the deck or slab and supporting construc- horizontal(16.7-percent slope),the parapet shall extend to
tion,is constructed entirely of noncombustible mate- the same height as any portion of the roof within afire
rials. separation distance where protection of wall openings is
4. One-hour fire-resistance-rated exterior walls that required, but the height shall be not less than 30 inches
terminate at the underside of the roof sheathing, (762 mm).
deck or slab,provided that:
4.1. Where the roof/ceiling framing elements are SECTION 706
parallel to the walls, such framing and ele- FIRE WALLS
ments supporting such framing shall not be
of less than 1-hour fire-resistance-rated con- 706.1 General.Fire walls shall be constructed in accordance I
struction for a width of 4 feet(1220 mm)for with Sections 706.2 through 706.11. The extent and location
Groups R and U and 10 feet(3048 mm) for of such fire walls shall provide a complete separation. Where
other occupancies, measured from the inte- afire wall separates occupancies that are required to be sepa-
rior side of the wall. rated by afire barrier wall,the most restrictive requirements
4.2. Where roof/ceiling framing elements are not of each separation shall apply.
parallel to the wall, the entire span of such 706.1.1 Party walls. Any wall located on a lot line
framing and elements supporting such fram- between adjacent buildings, which is used or adapted for
ing shall not be of less than 1-hour fire-resis- joint service between the two buildings, shall be con-
tance-rated construction. structed as a fire wall in accordance with Section 706.
4.3. Openings in the roof shall not be located Party walls shall be constructed without openings and
within 5 feet (1524 mm) of the 1-hour fire- shall create separate buildings.
resistance-rated exterior wall for Groups R Exceptions:
and U and 10 feet(3048 mm)for other occu- 1. Openings in a party wall separating an anchor
pancies, measured from the interior side of building and a mall shall be in accordance with
the wall. Section 402.4.2.2.1.
4.4. The entire building shall be provided with 2. Fire walls are not required on lot lines dividing a
not less than a Class B roof covering.
building for ownership purposes where the aggre-
5. In Groups R-2 and R-3 where the entire building is gate height and area of the portions of the build-
provided with a Class C roof covering, the exterior ing located on both sides of the lot line do not
wall shall be permitted to terminate at the underside exceed the maximum height and area require-
of the roof sheathing or deck in Types III, IV and V ments of this code.For the code official's review
construction, provided that one or both of the fol- and approval, he or she shall be provided with
lowing criteria is met: copies of dedicated access easements and con-
5.1. The roof sheathing or deck is constructed of tractual agreements that permit the owners of
approved noncombustible materials or of portions of the building located on either side of
fire-retardant-treated wood for a distance of the lot line access to the other side for purposes of
4 feet(1220 mm). maintaining fire and life safety systems necessary
5.2. The roof is protected with 0.625-inch (16 for the operation of the building.
mm)Type X gypsum board directly beneath 706.2 Structural stability.Fire walls shall be designed and
the underside of the roof sheathing or deck, constructed to allow collapse of the structure on either side
supported by not less than nominal 2-inch without collapse of the wall under fire conditions.Fire walls
(51 mm) ledgers attached to the sides of the designed and constructed in accordance with NFPA 221 shall
roof framing members for a minimum dis- be deemed to comply with this section.
tance of 4 feet(1220 mm). Exception: In Seismic Design Categories D through F,
6. Where the wall is permitted to have not less than 25 where double fire walls are used in accordance with NFPA
percent of the exterior wall areas containing unpro- 221,floor and roof sheathing not exceeding 3/4 inch(19.05
tected openings based on fire separation distance as mm)thickness shall be permitted to be continuous through
determined in accordance with Section 705.8. the wall assemblies of light frame construction.
705.11.1 Parapet construction. Parapets shall have the 706.3 Materials. Fire walls shall be of any approved non-
same fire-resistance rating as that required for the sup- combustible materials.
porting wall, and on any side adjacent to a roof surface,
shall have noncombustible faces for the uppermost 18 Exception:Buildings of Type V construction.
inches (457 mm), including counterflashing and coping 706.4 Fire-resistance rating. Fire walls shall have a fire-
materials. The height of the parapet shall be not less than resistance rating of not less than that required by Table
30 inches(762 mm)above the point where the roof surface 706.4.
130 2018 INTERNATIONAL BUILDING CODE®
' Copyright @ zoi9ICC.ALL RIGHTS RESERVED.Accessed by K.i Hibbard(khibbsrd@meridia ity mg),(City of Meridian)Order Number#100885595 on Jun az,2020 o8:55 AM(PDT)pursuant to License
Agreement with ICC.No further reproduction,rro further reproductioms by any third party,or distribution authorized.Slmgle user only,copying and networking prohibited.ANY UNAUTHORIZED
REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT,AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER.