02-993 City Code Building Code Adoption
CITY OF MERIDIAN
ORDINANCE NO. 02-
q13
BY:
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AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, REPEALING
CHAPTER 1, TITLE 10, BUILDING CODE OF THE MERIDIAN CITY CODE
AND REENACTING CHAPTER 1, TITLE 10 TO INCORPORATE THE
INTERNATIONAL BUILDING CODE; PROVIDING FOR SEVERABILITY,
CONFLICT, VALIDITY, SAVINGS CLAUSE, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
SECTION 1: That Chapter 1 of Title 10 of the Meridian City Code, be, and the same is
hereby repealed.
SECTION 2: That Chapter 1 of Title 10 of the Meridian City Code, be, and the same is
hereby reenacted and shall read as follows:
SECTION:
10-1-1:
10-1-2:
10-1-3:
10-1-4:
10-1-5:
10-1-6:
10-1-7:
10-1-8:
10-1-9
Adoption Of International Building Code
Adoption OfUnifonn Code For Abatement Of Dangerous Buildings
Adoption OfUnifonn Code For Building Conservation
Amendments To International Building Code
Mobile Homes, Trailer Houses And Prefabricated Structures
Solid Fuel Heating Appliances:
Sayings Clause
Validity
Penalties
BUILDING CODE ADOPTING INTERNATIONAL
BUILDING CODE CHAPTER I TITLE 10
10-1-1: ADOPTION OF INTERNATIONAL BUILDING CODE,
INTERNATIONAL ENERGY CONSERVATION CODE AND THE
INTERNATIONAL RESIDENTIAL CODE:
There is hereby IIdopted by the Mayor and the City Council, for the purposes of
regulating the erection, construction, enlargement, alteration, repair, moying, removal,
demolition, conyersion, occupancy, equipment use, height, area, and maintenance of all
buildings or structures; proyiding for the issuance of permits, and collection of fees
thereof; providing for penalties for the violation thereof, that certain building code known
as the International Building Code, International Residentilll Code, parts I-IV and IX and
International Energy Conservation Code, including all appendices published by the
International Code Council, being particularly the 2000 Edition thereof and the whole
thereof, saye and except such portions as hereinafter deleted, modified or amended by
Section 10-1-4 ofthis Chapter, on file in the City Clerk'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 proyisions thereof shall be controlling within the limits of
the City. (Appendix A to the International Building Code is not adopted.)
10-1-2: ADOPTION OF UNIFORM CODE FOR ABATEMENT OF
DANGEROUS BUILDINGS:
There is hereby adopted by the Mayor and the City Council for the purpose of providing
a just, equitable and practicable method, to be cumulatiye with and in addition to any
other remedy and regulation provided by the building code, housing code or otherwise
ayailable by law, the designation of unsafe buildings or structures which ITom any cause
endanger the life, limb, health, morals, property, safety or welfare of the general public;
providing the procedural guidelines for the condemnation of any dangerous building or
structure located within the City, the Unifonn Code for the Abatement of Buildings, 1997
Edition, as copyrighted by the International Code Council, and the whole thereof, saye
and except such portions as hereinafter deleted, modified or amended by Section 10-1-4
of this Chapter, on file in City Clerk'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 of the City.
10-1-3: ADOPTION OF UNIFORM CODE FOR BUILDING
CONSERVATION:
There is hereby adopted by the Mayor and the City Council, for the purpose of regulating
the continued use or reuse oflegally existing buildings and structures; proyiding 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 building code, housing code or otherwise ayailable by law, the Uniform
Code for Building Conservation, 1997 Edition, as copyrighted by the International
Conference of Building Officials, and the whole thereof, saye and except such portions liS
hereinafter deleted, modified or amended by Section 10-1-4 of this Chapter, on file in the
BUILDING CODE ADOPTING INTERNATIONAL
BUILDING CODE CHAPTER 1 TITLE 10
2
City Clerk'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 he controlling within the limits of the City.
10-1-4: AMENDMENTS TO INTERNATIONAL BUILDING CODE:
Section 105.1 Jnternational Building Code be and the same is amended with the addition
of subsection 105.1.01 to proyide as follows:
105.1.01 Permits Required For Prefabricated And Mobile Structures: No
prefabricated structure, mobile home, or house trailer shall be installed, erected,
constructed, enlarged, altered, repaired, moyed, improved, remoyed, conyerte4 or
demolished unless a separate permit for each building or structure has first been
obtained ITom the building official.
Section 108.2 International Building Code be and the same is amended to proyide as
follows:
108.2 Permit Fees. The fee for each pennit shall be as set forth pursuant with a
schedule of permit fees as established by resolution of the City Council.
The detennination of value or yaluation under any of the provisions of this code shall
be made by the building official. The value to be used in computing the building
permit and building plan review fees shall be the total yalue of all construction work
for which the pennit is issued as well as all finish work, painting, roofing, electrical,
plumbing, heating, air conditioning, eleyators, fire extinguishing systems and any
other permanent equipment.
Section 312.1 International Building Code 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 International Building Code be and the same is amended with the addition
of subsection 1805.4.6 to provide as follows:
1805.4.6 Wood. Regardless of the provisions of the Uniform 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.
10-1-5: MOBILE HOMES, TRAILER HOUSES AND
PREF ABRICA TED STRUCTURES:
BUILDING CODE ADOPTING INTERNATIONAL
BUILDING CODE CHAPTER I TITLE 10
3
Any mobile home, house trailer, or prefabricated structure constructed prior to moying in
or placement on any lot or parcel within the City shall be considered as a building or
structure subject to regulation by the 2000 International Building Code.
10-1-6: SOLID FUEL HEATING APPLIANCES:
A. Short Title And Purpose: This Section shall be known and cited as the SOLID FlÆL
HEATING APPliANCE ORDINANCE. The purpose of this Section is to protect air
quality resources yital to public health and safety and the economic future of
Meridian by controlling emissions ITom the burning of solid fuel.
B. Definitions: For the purpose of this Section, the following terms, phrases. words and
deriyations 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 priyately owned or any other structure as defined by the International
Building Code 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 Department of Environmental Quality.
PERSON: Any individual, firm, partnership, association, corporation, company,
organization, or goyernment entity.
SOLID FUEL: Any form of untreated wood or coal.
SOLID FUEL HEATING APPLIANCE: A deyice designed for solid fuel combustion
so that usable heat is deriyed for the interior of a building, including, but not limited
to, solid fuel fired cooking stOYes, pot-bellied stoyes, franklin stoyes, airtight stoves,
fireplace inserts, or combination fuel furnaces or boilers which burn solid fuel.
Fireplaces with air to fuel ratios that exceed thirty (30) to one are exempt.
C. Solid Fuel Heating Appliance Permits:
1. It shall be unlawful for any person in the City to install a solid fuel heating
appliance in any new or existing building without first obtaining ITom the City
Building Inspector a solid fuel heating appliance permit.
2. It shall be unlawful on or after the effectiye date hereoffor any person in the City
to adyertise 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 Department ofEnyironmental Quality.
D. Issuance Of Solid Fuel Heating Appliance Permits:
BUILDING CODE ADOPTING INTERNATIONAL
BUILDING CODE CHAPTER I TITLE 10
4
1. No solid fuel heating appliance permit shall be issued by the City Building
Inspector or his designee for the installation of a solid fuel heating appliance which
has not been certified as clean burning by the Oregon Department of Environmental
Quality.
2. The City Building Inspector shall maintain a list of appliances certified to be clean
burning by the Oregon Department of Environmental Quality.
E. Denial Of Penn it:
1. Upon a showing of sufficient cause to belieye that grounds exist for the denial of a
pennit, the City Building 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 City Council. Such written notice shall be mailed regular first class postage.
2. Failure of a person to actually receiye a notice sent shall not inyalidate the denial.
3. The applicant, upon receiying notice ofthe denial, may appeal said denial by filing
a written application with the City Clerk for a hearing before the City Council. Such
written appeal must be filed with the City Clerk within fifteen (IS) days of the
issuance date of the notice of denial.
F. Denial Hearing And Determination By Board: At any hearing before the City Council
pursuaht to this Section applicant may present evidence, call witnesses and be
represented by counsel. Within fifteen (15) working days after the date of the hearing,
the City Council shall, after making appropriate findings, either:
I. Uphold the denial by the Building Inspectqr or his designee, or
2. Allow the issuance of the pennit.
G. Appeal Of Decision Of Board: The decision of the City Council on a denial shall be
final and conclusive. Appeal ITom a decision of the City Council must be made to the
District Court of the State of Idaho, in and for the County of Ada under the Idaho
Administrative Procedures Act.
H. Cooperation With Boise City And Ada County In An Incentiye Program: The City
shall cooperate with the City of Boise and Ada County in endeavors to create, and, if
possible, provide funding for an incentiye program for the installation of clean
burning solid fuel heating appliances in buildings.
10-1-7: SAVING CLAUSE:
BUILDING CODE ADOPTING INTERNATIONAL
BUILDING CODE CHAPTER I TITLE 10
5
Nothing in this Chapter or in the International Building Code or Uniform 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 affected by this Chapter.
10-1-8: VALIDITY:
The City Council hereby declares that any section, paragraph, sentence or word of this
Chapter or of the International Building Code or Uniform Code for Building
Conservation, as adopted and amended herein be declared for any reason to be invalid it
is the intent of the Meridian City Council that it would haye passed all other portions of
this Chapter independent of the elimination herefrom of any portion as may be declared
invalid.
10-1-9: PENAL TIES:
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 International Building Code or Uniform 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 approyed thereunder, or any
certificate or pe¡mit issued thereunder, and ITom which no appeal has been taken, or
fails to comply with such an order as affinned or modified by the Board of Appeals as
proyided for under section 105 of the International Building Code or by a court of
competent jurisdiction, within the required time, shall seyerally for each and eyery
such violation and noncompliance, respectiyely, be guilty of a misdemeanor
punishable as proyided in Section 1-4-1 of this Code. The imposition of one penalty
for any yiolation shall not excuse the violation or permit it to continue; and all such
persons shall be required to correct 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. Remoyal OfProhibitiye Conditions: The application of the above penalties shall not
be held to prevent the enforced remoyal of prohibitiye conditions.
C. Ciyil Action: Wheneyer it appears to the City Council that any person has engaged or
is about to engage in any act or practice violating any provision of this Chapter, the
City Council may institute a civil action in the District Court 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 pennit or temporary
injunction, restraining order or other such relief as the Court deems appropriate may
be granted. The City Council shall not be required to furnish any bond in said ciyil
proceeding.
BUILDING CODE ADOPTING INTERNATIONAL
BUILDING CODE CHAPTER I TITLE 10
6
SECTION 3: SEVERABiliTY: The provisions of this chapter shall be deemed
seyerable and a finding by a court oflaw that a provision of this chapter is unlawful shall
haye no effect on the remaining proyisions.
SECTION 4: All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 5: VALIDITY: The Meridian City Council hereby declares that any
section, paragraph, sentence or word of this ordinance as adopted and amended herein be
declared for any reason to be inyalid it is the intent of the Meridian City Council that it
would have passed all other portions of this ordinanCe independent of the elimination
hereITom of any portion as may be declared inyalid.
SECTION 6: SAVINGS CLAUSE: This ordinance does not affect an action or
proceeding commenced or right accrued before this ordinance takes effect.
SECTION 7: DATE OF EFFECT: This ordinance shall be in full force and
effect after its passage, approval and publication, on January I, 2003.
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BUILDING CODE ADOPTING INTERNATIONAL
BUILDING CODE CHAPTER 1 TITLE 10
7
CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN
To:
The Recorder, Auditor, Treasurer and Assessor of Ada County, and
The State Tax Commission of the State ofIdaho
I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of
Idaho, do hereby certi1)r that the attached copy of Ordinance No. ¿::J;Z -'993, passed by the
City Council of the City of Meridian, on the /7 ~ day of lJ.ee - , 2002, is a true and
correct copy of the original of said document which is in the care, custody and control of the City
Clerk of the City ofMeridi¡m.."",
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On this \f\ day of \Jt~( , in the year 2002, before me,
8í~m.è -\:Ir\ , a Notary Public, appeared WILLIAM
G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idabo that
executed the said instrument, and acknowledged to me that he executed the same on behalf of the
City of Meridian. ..."'"
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CERTIFICA nON OF TIlE CITY CLERK OF TIlE CITY OF MERIDIAN