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11-1472 City Code Adoption of the 2009 International Building CodesCITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 10-1-1, REGARDING ADOPTION OF THE 2009 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL ENERGY CONSERVATION CODE AND 2009 INTERNATIONAL RESIDENTIAL CODE; AMENDING MERIDIAN CITY CODE SECTION 10-1-3, REGARDING AMENDMENTS TO ADOPTED CODES; AMENDING MERIDIAN CITY CODE SECTION 10-1-5(E) AND 10-1- 5(F) REGARDING SOLID FUEL HEATING APPLIANCES; AMENDING MERIDIAN CITY CODE SECTION 10-1-8(A), REGARDING PENALTIES; AMENDING MERIDIAN CITY CODE SECTION 10-2-3(D), REGARDING PLUMBING PERMIT FEES; AMENDING MERIDIAN CITY CODE SECTION 10-3-4(A) AND 10-3-4(I), REGARDING ELECTRICAL PERMIT FEES; AMENDING MERIDIAN CITY CODE SECTION 10-5-1, REGARDING ADOPTION OF THE 2009 INTERNATIONAL MECHANICAL CODE AND INTERNATIONAL FUEL GAS CODES; AMENDING MERIDIAN CITY CODE, SECTION 10-5-3, REGARDING MECHANICAL PERMIT FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code section 39-4116(4)(b), the City Council of the City of Meridian hereby finds that good cause exists for the following amendments to the 2009 International Building and Residential Codes, and that such amendments are reasonably necessary for the expedient administration of the codes and the protection of the public health, safety, and welfare; WHEREAS, pursuant to Idaho Code section 39-4116(4), the City Council of the City of Meridian hereby finds that the following amendments do establish at least an equivalent level of protection to that of the 2009 International Codes; and WHEREAS, pursuant to Idaho Code section 39-4116(4)(b), a public hearing on the amendments was conducted on January 25, 2011 following publication of notice of the time and place thereof in the Valley Times on December 20 and 27, 2010 and provision of the proposed language of this ordinance to the entities identified in section 39-4109(5), as enumerated in Exhibit A hereto, on December 15, 2010; BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 10-1-1 is amended as follows: 10-1-1: ADOPTION OF INTERNATIONAL BUILDING CODE, INTERNATIONAL ENERGY CONSERVATION CODE AND INTERNATIONAL RESIDENTIAL CODE: There is hereby adopted by the mayor and the city council, 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; and providing for penalties for the violation thereof, certain building codes known as the International Building Code (hereinafter "IBC"), International Residential ADOPTION OF 2009 IBC, IRC, IECC; ELECTRICAL, PLUMBING, AND MECHANICAL CODE UPDATES PAGE 1 OF g Code (hereinafter "IRC"), and International Energy Conservation Code (hereinafter "IECC"), published by the International Code Council, being particularly the 29A~2009 editions thereof and the whole thereof, and the same are hereby adopted and incorporated in full as if set forth at length herein, including all appendices thereto, save and except such portions as hereinafter deleted, modified or amended by section 10-1-3 of this chapter. From the date in which this chapter takes effect, the provisions thereof shall be controlling within the limits of the city. Section 2. That Meridian City Code section 10-1-3 is amended as follows: 10-1-3: AMENDMENTS TO ADOPTED CODE5: To the extent that any provision of the IBC IRC or IECC conflicts with a provision of Idaho Code, the provision of Idaho Code shall prevail. Additionally, Tthe following amendments to the adopted codes shall apply: A. IBC Section 105.1 ' shall be amended with the addition of subsection 105.1.3, to provide as follows: 105.1.3 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. B. IBC Section 109. shall be amended to provide as follows: 109.2 i n~Permit Fees. The fee for each permit shall be as set forth pursuant to 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 building official. 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. Final building permit valuation shall be set by the building official for all permits that require initial estimated valuation and final estimated valuation by the applicant. Payment of permit fees is required at the time the permit is issued. Permits shall not be issued until fees are maid. C Anew section, Section 109.6.1, shall be added to the IBC to provide as follows: Permit fee refunds Up to eightypercent (80°Io) of the permit fee paid may be refunded to the permit holder upon request The permit holder shall request such refund in writing to the Building Official no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not to be refunded in part or in whole after completion of plan review. D Anew section, Section 109.6.2, shall be added to the IBC to provide as follows: Permit Transfer A building_permit granted pursuant to this code may be transferred from one permit holder to a another permit holder upon written request by the current permit holder to the Building Official ExQred permits may not be transferred. No permit transfer may be made without written approval of the Building Official• if transfer is attempted without written approval of the Building Official such permit shall be deemed void. ADOPTION OF 2009 IBC, IRC, IECC; ELECTRICAL, PLUMBING, AND MECHANICAL CODE UPDATES PAGE 2 OF 8 ~E. IBC Section 312.1 ' '~ "'••"'""g cc`d° shall be amended with the deletion of the requirement for agricultural buildings to comply with the international energy conservation code. F Anew section, Section 1805 31, shall be added to the IBC to provide as follows: 1805 31 Waterproofing Hydraulic Elevator Shaft Pits Elevator shafts shall be deslgned to prevent the intrusion of water into the hydraulic elevator shaft pit with accommodation made for the hlgh groundwater table in the city of Meridian in accordance with American Society of Mechanical Engineers standard A17.1 section 2.2.2.3. DG. IBC Section ~ Qn ^ * *• - ~ z- '~a' a ~, n ti, .,aoa •+i, t~~ .,aa;+;,.....~ a ,, ,•,.., ,Qnc•~•c 180714 shall be deleted, and replaced with language to provide as follows: 1807.1.4 , Q.~. n~ Wood footings or foundations. Regardless of the provisions of the international residential code, this chapter, related chapters, appendices or tables, the city of Meridian shall not allow the use of wood, treated or otherwise, for footings or foundations. H IBC Section 3002 4 shall be amended to provide as follows: 3002 4 Elevator car to accommodate ambulance stretcher. Where elevators are provided in buildings two (2) or more stories above or two (2) or more stories below grade plane at least one (1) elevator shall be provided for fire d~artment emergency access to all floors. The elevator car shall be of such a size and arrangement to accommodate an ambulance stretcher twenty-four by elghty-four inches (24" x 84") with not less than five inches (5") radius corners in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than three inches (3") high and shall be placed inside on both sldes of the hoistwaydoor frame. 1/: 1~I. The appendices of the international building code shall be amended with the deletion of ~~ A ~pendices A (employee qualification)• C (agricultural buildings)• and K (ICC electrical code). All other appendices shall be mandatory. E~. The international residential code shall be amended with the deletion of parts VII (plumbing) and VIII (electrical) and appendix L (permit fees). GK. IRC Section R402.1 ' shall be amended to provide as follows: R402.1 Wood. Regardless of the provisions of the international building code, this chapter, related chapters, appendices or tables, the city of Meridian shall not allow the use of wood, treated or otherwise, for footings or foundations. 1€IL. IRC Section 1[9.3 R302.6 • shall be amended to provide as follows: D 1xw~ R302 6 Dwelling/garage fire separation The garage shall be separated as required by Table R302 6 Openings in garage walls shall comply with Section R302.5. This provision does not apply to garage walls that are perpendicular to the adjacent dwelling unit wall. Walls and ADOPTION OF 2009 IBC, IRC, IECC; ELECTRICAL, PLUMBING, AND MECHANICAL CODE UPDATES PAGE 3 OF 8 ceiling of garages shall be covered with not less than 5/8-inch (15.9 mm) type X gypsum board or equivalent. M IRC Section R105 2 (1) shall be amended to include the following: R105.2(1) Work exempt from Hermit. ~*~ 11 One story detached accessory structures used as tool and storage sheds playhouses and similar uses shall not exceed a floor area of one hundred twenty (120) square feet and a maximum helght of eight feet (8') measured to midpoint Midpoint shall be defined from grade Ground level) to midpoint between the top of the wall and the peak of the finished roof. The detached accessory structure placement in rear yard setbacks or side yard setbacks must conform as speclfied by the Meridian Planning Department. N Anew section, Section R108 5 1, shall be added to the IRC to provide as follows: R108 5 1 Permit fee refunds Up to eighty percent (80°Io) of the permit fee paid may be refunded to the permit holder upon request The permit holder shall request such refund in writing to the Building Official no later than one hundred eighty (180) days following the date of permlt issuance Plan review fees shall not to be refunded in part or in whole after completion of plan review. O Anew section, Section R108 5.2, shall be added to the IRC to provide as follows: R108 5 2 Permit Transfer A building permit rag nted pursuant to this code may be transferred from one permit holder to a another permit holder upon written request by the current permit holder to the Building Official Expired permits may not be transferred. No permit transfer may be made without written approval of the Building Official• if transfer is attempted without written approval of the Building Official such permit shall be deemed void. Section 3. That Meridian City Code section 10-1-5(E) and 10-1-5(F) are amended as follows: 10-1-5: SOLID FUEL HEATING APPLIANCES: *** E. Denial of Permit: 1. Upon a showing of sufficient cause to believe that grounds exist for the denial of a permit, the ~ hag-~ee~ building official 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 receive a notice sent shall not invalidate the denial. 3. The applicant, upon receiving notice of the 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 (15) days of the issuance date of the notice of denial. F. Denial Hearing and Determination By Board: At any hearing before the city council pursuant 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: 1. Uphold the denial by the building sec-ter official or his designee, or 2. Allow the issuance of the permit. ADOPTION OF 2009 IBC, IRC, IECC; ELECTRICAL, PLUMBING, AND MECHANICAL CODE UPDATES PAGE 4 OF 8 Section 4. That Meridian City Code section 10-1-8(A) is amended as follows: 10-1-8: 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 international building code, international residential code, and international energy conservation code, 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 permit 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 °°~'~^~ "' ^F the international building code or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor. 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 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. Section 5. That the Plumbing Code, specifically Meridian City Code section 10-2-4(E), is amended as follows: 10-2-3: PERMIT REQUIRED; APPLICATION; ISSUANCE: *** D. Permit and Inspection Fees: Fees for permits and inspections shall be fixed by the city council by resolution. 1 Payment due upon issuance Payment for all permit types is required at the time the permit is issued Permits shall not be issued until fees are paid. 2 Permit fee refunds Up to eighty percent (80%) of the permit fee paid may be refunded to the permit holder upon request The permit holder shall request such refund in writing to the Public Works Director or designee no later than one hundred eighty (180) days following the date of permit issuance Plan review fees shall not to be refunded in part or in whole after completion of plan review. 3 Permit Transfer A permit rag rated pursuant to this chapter may be transferred from one permit holder to a another permit holder upon written request by the current permit holder to the Public Works Director or designee Expired permits may not be transferred. No permit transfer may be made without written approval of the Public Works Director or designee; if transfer is attempted without written ~proval of the Public Works Director or designee, such permit shall be deemed void. Section 6. That a new section of the Electrical Code, Meridian City Code section 10-3-4(I), shall be enacted as follows: 10-3-4: PERMIT REQUIRED; APPLICATION; ISSUANCE: A. Permit Required: It shall be unlawful for any person, firm or corporation to place or install in any building, structure, or premises any wiring, apparatus or fixture for the use of electric current for ADOPTION OF 2009 IBC, IRC, IECC; ELECTRICAL, PLUMBING, AND MECHANICAL CODE UPDATES PAGE 5 OF 8 light, heat or power, or to make any alterations or changes in, or additions to any wiring, apparatus or fixtures for such use, without first obtaining from the city a written permit to do such work. • , .Permits shall be required for anYtype of electrical work including emergency repairs and other maintenance or repair work as well as new installations. ~~~ I Permit and Inspection Fees• Fees for permits and inspections shall be fixed by the city council by resolution. 1 Payment due upon issuance Payment for all permit types is required at the time the permit is issued Permits shall not be issued until fees are paid. 2 Permit fee refunds Up to eighty percent (80%) of the permit fee paid may be refunded to the permit holder upon request The~Iermit holder shall request such refund in writing to the Public Works Director or designee no later than one hundred eighty (180) days following the date of permit issuance Plan review fees shall not to be refunded in part or in whole after completion of plan review. 3 Permit Transfer A permit rg anted pursuant to this chapter maybe transferred from one permit holder to a another permit holder won written request by the current permit holder to the Public Works Director or designee Expired permits may not be transferred. No permit transfer may be made without written approval of the Public Works Director or designee; if transfer is attempted without written ~proval of the Public Works Director or designee such permit shall be deemed void. Section 7. That the Mechanical Code, Meridian City Code section 10-5-1, shall be amended as follows: 10-5-1: CODES ADOPTED: That certain document, being marked and designated as the 2009 international mechanical code and 2009 international fuel gas code as published by the International Code Council, be and is hereby adopted as the code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or other miscellaneous heat producing appliances within buildings in the city which code provides for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such international mechanical code, ~BA~ 2009 edition, published by the International Code Council, on file in the city clerk's office, are hereby referred to, adopted and made a part hereof as if fully set out in this chapter. Section 8. That the Mechanical Code, Meridian City Code section 10-5-3, shall be amended as follows: 10-5-3: PERMIT FEES; PENALTY: A Permit and Inspection Fees• Fees for permits and inspections shall be fixed by the city council by resolution. ADOPTION OF 2009 IBC, IRC, IECC; ELECTRICAL, PLUMBING, AND MECHANICAL CODE UPDATES PAGE 6 OF 8 1 Payment due upon issuance Payment for all permit tunes is required at the time the permit is issued Permits shall not be issued until fees are paid. 2 Permit fee refunds Un to eighty percent (80%) of the permit fee paid may be refunded to the permit holder upon request The permit holder shall request such refund m wrltmg to the Public Works Director or designee no later than one hundred eighty (180) days followm~ the date of permit issuance Plan review fees shall not to be refunded m Hart or m whole after completion of plan review. 3 Permit Transfer A permit granted pursuant to this chanter may be transferred from one permit holder to a another Hermit holder upon written request by the current Hermit holder to the Public Works Director or designee E~ired permits may not be transferred No permit transfer may be made without written approval of the Public Works Director or desi~nee• If transfer Is attempted without written approval of the Public Works Director or designee such permit shall be deemed void. B. Penalty. Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor. Section 9. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 10. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 25th day of January, 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this 25th day of January, 2011. APPROVED: `~\~~~~~""'~ iim}~~~ a eerd, Mayor ATTEST: ~~.~` y ~ ~> ',,~ .~~ '~, '~ TFo Jaycee lman, City Clerk = $EAL ' ~~ ~°j~~ p :' 9 ~r ~s~ ~ ~ ,~, .,, Oq oP `,~. ~~''~~,,COUNTY ti,~````~. ADOPTION OF 2009 IBC, IRC, IECC; ELECTRICAL, PLUMBING, AND MECHANICAL CODE UPDATES PAGE 7 OF 8 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 11- t ~ ~. PROVIDING FOR AN AMENDMENT OF THE MERIDIAN CITY BUILDING, PLUMBING, AND ELECTRICAL CODES AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 10-1-1, REGARDING ADOPTION OF THE 2009 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL ENERGY CONSERVATION CODE AND 2009 INTERNATIONAL RESIDENTIAL CODE; AMENDING MERIDIAN CITY CODE SECTION 10-1-3, REGARDING AMENDMENTS TO ADOPTED CODES; AMENDING MERIDIAN CITY CODE SECTION 10-1-5(E) AND 10-1- 5(F) REGARDING SOLID FUEL HEATING APPLIANCES; AMENDING MERIDIAN CITY CODE SECTION 10-1-8(A), REGARDING PENALTIES; AMENDING MERIDIAN CITY CODE SECTION 10-2-3(D), REGARDING PLUMBING PERMIT FEES; AMENDING MERIDIAN CITY CODE SECTION 10-3-4(A) AND 10-3-4(I), REGARDING ELECTRICAL PERMIT FEES; AMENDING MERIDIAN CITY CODE SECTION 10-5-1, REGARDING ADOPTION OF THE 2009 INTERNATIONAL MECHANICAL CODE AND INTERNATIONAL FUEL GAS COD + DING MERIDIAN CITY CODE, SECTION 10-5-3, REGARDING MECHANI 1~R~>~d~. ';S; AND PROVH)ING AN EFFECTIVE DATE. '~' cA~'~"c.~ ~ j'; ~~ f'°> ~.> ? ~ ~~ ' q ~~ ~- t. Ci of e ian ~ X ~ ~ L ".~ `~ ~.- ~~ ;~ , U Pj Cd]'- Mayor and City Council rj ~~ ~., ~ ~ 4 By: Jaycee Holman, City Clerk <% ~~,~' ~ i : ~~ r ~ ~ ~' . ~. w (J Q* R First Reading: Ja.rl ~ S , :~o l ( ~ ~~ `~ Adopted after first reading by suspension of t~ie'Rixle 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. 11- ~y~ a_ The undersigned, William L.M. 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. 11-~ 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 ~-(~ day of ,~ w'""-~ , 2011. ~~~(. ~ ~ , William. L.M. Nary City Attorney ADOPTION OF 2009 IBC, IRC, IECC; ELECTRICAL, PLUMBING, AND MECHANICAL CODE UPDATES PAGE 8 OF 8