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13-1582 City Code IBC and IRC AmendmentsCITY OF MERIDIAN ORDINANCE N0. ~ r BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING AND REPLACING TITLE 10, CHAPTER 1, MERIDIAN CITY CODE, ADOPTING THE 2012 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL RESIDENTIAL CODE, AND THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE AND LOCAL AMENDMENTS THERETO; ADOPTING SAVINGS CLAUSE, VALIDITY, AND PENALTY SECTIONS; 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 adoption and following amendments to the 2012 International Building Code (IBC), the 2009 International Energy Conservation Code (IECC), and the 2009 International Residential Code (IRC), and that such amendments are reasonably necessary for the protection of the public health, safety, and welfare; WHEREAS, 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 2012 IBC and 2009 IRC; and WHEREAS, pursuant to Idaho Code section 39-4116(4)(b), a public hearing on the amendments was conducted on November 26, 2013, following provision of the proposed language of this ordinance to Associated General Contractors of America, Associated builders and contractors, Association of Idaho Cities, Idaho Association of Building Officials, Idaho Association of Counties, Idaho Association of REALTORS®, Idaho Building Contractors Association, American Institute of Architects Idaho Chapter, Idaho Fire Chiefs Association, Idaho Society of Professional Engineers, Idaho State Independent Living Council, Southwest Idaho Building Trades, and Idaho Building Trades, by U. S. mail, on October 16, 2013, and publication of notice of the time and place thereof in the Valley Times on October 21, 2013; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 10, Chapter 1, Meridian City Code, shall be REPEALED, and REPLACED as follows: Chapter 1 BUILDING CODES 10-1-1: ADOPTION OF BUILDING CODE, ENERGY CONSERVATION CODE AND RESIDENTIAL CODE: There is hereby adopted by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 ADOPTION OF 2012 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL RESIDENTIAL CODE, 2009 INTERNATIONAL ENERGY CONSERVATION CODE, AND LOCAL AMENDMENTS PAGE l OF 7 violation thereof, certain building codes known as the 2012 International Building Code (hereinafter IBC), 2009 International Residential Code (hereinafter IRC), and the 2009 International Energy Conservation Code (hereinafter IECC), published by the International Code Council, 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 10-1-2 of this chapter. From the date in which this chapter takes effect, the provisions thereof shall be controlling within the limits of the city. 10-1-2: AMENDMENTS TO ADOPTED CODES: To the extent that any provision of a code as adopted and/or amended herein conflicts with a provision of Idaho Code, the provision of Idaho Code shall prevail. Additionally, the following amendments to the adopted codes shall apply: ISC 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. Any mobile home, house trailer, or prefabricated structure constructed prior to moving in or placement on any lot or parcel within the city shall be considered as a building or structure subject to regulation by the International Building Code as adopted and amended by this chapter. ISC section 107.2.5 shall be amended to read as follows: IBC section 107.2.5 Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing, to scale, the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades, and the proposed finished grades. The site plan shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The Building Official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. All development located in the Meridian Floodplain Overlay District is required to meet the provisions of the Meridian Flood Damage Prevention Ordinance, Title 10, Chapter 6, Meridian City Code. ISC section 109.2 shall be amended to provide as follows: 109.2 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 ADOF'"I'ION OF 2O I2 IN"I'ERNA"I'[ONAL BU [LDING CODE, 2009 IN"I'ERNA"I'[ONAL RESIDEN"I'[AL CODE, 2OO9IN"I'ERNA"I'IONALENERGY CONSERVA"I'[ON COllE, AND LOCAL AMENDMEN"I'S PAGE 2 OF7 applicant. Payment of permit fees is required at the time the permit is issued. Permits shall not be issued or considered valid until fees are paid. A new section, section 109.6.1, shall be added to the IBC to provide as follows: 109.6.1 Permit Fee Refunds. Up to eighty percent (80%) of the fees paid for a valid permit 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 be refunded in part or in whole after completion of plan review. A new section, section 109.6.2, shall be added to the IBC to provide as follows: 109.6.2 Permit Transfer. A building permit granted pursuant to this code may be transferred from one permit holder to 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. IBC section 312.1 shall be amended with the deletion of the requirement for agricultural buildings to comply with the International Energy Conservation Code. A new section, section 908.7.2, shall be added to the IBC to provide as follows: 908.7.2 Where Required In Existing Dwellings. Where interior work requiring a permit occurs within existing dwellings that have attached garages, or in existing dwellings with fuel-fired appliances, carbon monoxide alarms shall be provided in accordance with section 908.7. ISC section 1612 shall be deleted, and replaced with language to provide as follows: 1612 Flood Loads. All development located in the Meridian Floodplain Overlay District is required to meet the provisions of the Meridian Flood Damage Prevention Ordinance, Title 10, Chapter 6, Meridian City Code. A new section, section 1805.3.3, shall be added to the ISC to provide as follows: 1805.3.3 Waterproofing Hydraulic Elevator Shaft Pits. Elevator shafts shall be designed to prevent the intrusion of water into the hydraulic elevator shaft pit, with accommodation made for the high groundwater table in the City of Meridian, in accordance with American Society of Mechanical Engineers standard A17.1, section 2.2.2.3. ISC section 1807.1.4 shall be deleted, and replaced with language to provide as follows: 1807.1.4 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. ISC 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 department emergency access to all floors. The elevator car shall be of such a size and arrangement to accommodate an ambulance stretcher ADOF'"I'ION OF 2O I2 IN"I'ERNA"I'[ONAL BU [LDING CODE, 2009 IN"I'ERNA"I'[ONAL RESIDEN"I'[AL CODE, 2OO9IN"I'ERNA"I'IONALENERGY CONSERVA"I'[ON COllE, AND LOCAL AMENDMEN"I'S PAGE ~ OF7 twenty-four byeighty-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 sides of the hoistway door frame. The appendices of the International Building Code shall be amended with the deletion of appendices A (employee qualification); C (agricultural buildings); G (flood-resistant construction), J (grading) ,K (administrative and electrical ), and M (tsunami-generated flood hazard). All other appendices shall be mandatory. The International Residential Code shall be amended with the deletion of parts VII (plumbing) and VIII (electrical), and appendix L (permit fees). A new section, section R105.1.2, shall be added to the IRC to provide as follows: R105.1.2 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. Any mobile home, house trailer, or prefabricated structure constructed prior to moving in or placement on any lot or parcel within the city shall be considered as a building or structure subject to regulation by the International Residential Code as adopted and amended by this chapter. IRC section R105.2(1) shall be amended to include the following: R105.2(1) Work Exempt From Permit. 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 height 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 specified by the Meridian planning department. A new 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%) of the fees paid for a valid permit 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 be refunded in part or in whole after completion of plan review. A new section, section R108.5.2, shall be added to the IRC to provide as follows: R108.5.2 Permit Transfer. A building permit granted pursuant to this code may be transferred from one permit holder to 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. ADOF'"I'ION OF 2O I2 IN"I'ERNA"I'[ONAL BU [LDING CODE, 2009 IN"I'ERNA"I'[ONAL RESIDEN"I'[AL CODE, 2OO9IN"I'ERNA"I'IONALENERGY CONSERVA"I'[ON COllE, AND LOCAL AMENDMEN"I'S PAGE 4 OF7 IRC section R301.2.4, shall be deleted, and replaced with language to provide as follows: R301.2.4 Floodplain Construction. All development located in the Meridian Floodplain Overlay District is required to meet the provisions of the Meridian Flood Damage Prevention Ordinance, Title 10, Chapter 6, Meridian City Code. IRC section R302.6 shall be amended to provide as follows: 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 ceiling of garages shall be covered with not less than 5/8-inch (15.9 mm) type X gypsum board or equivalent. New language shall be added to IRC section R315.2 to provide as follows: R315.2 Where Required In Existing Dwellings. Where interior work requiring a permit occurs within existing dwellings that have attached garages or in existing dwellings with fuel-fired appliances, carbon monoxide alarms shall be provided in accordance with section R315. 1. IRC section R322 shall be deleted, and replaced with language to provide as follows: R322 Flood-Resistant Construction. All development located in the Meridian Floodplain Overlay District is required to meet the provisions of the Meridian Flood Damage Prevention Ordinance, Title 10, Chapter 6, Meridian City Code. 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. 10-1-3: SAVING CLAUSE: Nothing in this chapter or in the codes 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. 10-1-4: VALIDITY: The City Council hereby declares that any section, paragraph, sentence or word of this chapter or of the codes 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 have passed all other portions of this chapter independent of the elimination here from of any portion as may be declared invalid. 10-1-5: 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 ADOF'"I'ION OF 2O I2 IN"I'ERNA"I'[ONAL BU [LDING CODE, 2009 IN"I'ERNA"I'[ONAL RESIDEN"I'[AL CODE, 2OO9IN"I'ERNA"I'IONALENERGY CONSERVA"I'[ON COllE, AND LOCAL AMENDMEN"I'S PAGE S OF7 specifications or plans submitted and approved thereunder, or an certificate or ermit is y p sued thereunder, and from which no appeal has been taken, or fails to com 1 with such an p y order as affirmed or modified by the board of appeals as provided for under the international bull ' ding code or by a court of competent jurisdiction, within the re uired time shall severall for each . q ~ Y and every such violation and noncompliance, respectively, be uilt of a misdemeanor. The . .. g Y imposition of one penalty for any violation shall not excuse the violation or ermit it to continue p , 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 rohibitive conditions . p 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 city council that any person has en a ed or is about . ,. gg 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 cha ter. U on a p p showing that a person has engaged or is about to engage in an act or practice constitutin a g violation of this chapter, a permit or temporary injunction, restraining order or other such relief as the court deems appropriate maybe granted. The city council shall not be re uired to furnish . .. q any bond m said civil proceeding. D. Working Without Permit: Any person who commences or causes the commencement of work for which a permit is required, whether such work is structural, building, electrical, mechanical plumbing, fire, or specialized in nature, without first obtaining each and every re uired ermit . q p shall, upon application for such permit or permits, pay a doubled permit fee or fees, as established by fee schedule. This provision shall not apply to emergency repair work erformed p during off business hours, where such emergency repair work is undertaken in order to reinstate operational status, so long as each and every applicable permit is obtained on the next business day. Section 2. That this ordinance shall be effective on January 1, 2014. PASSED by the City Council of the City of Meridian, Idaho, on December r ~` 2013. APPROVED by the Mayor of the City of Meridian, Idaho, December ~, 2013. APPROVED: ~~;~y~~ Ta m d W Mayor ATTEST: '~` ~~~A~r~~~ ~~.{_~ . ~~~~, s~ ~~,,, ~,, ~~ ~,, -~;~ ,~. :~ ,.~ ~. ~~_4. ~,f~ a t"~1 Y~~~ ~°'.y.. <''~, ~~, olman, City Clerk ADOPTION OF 2012 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL RESIDENTIAL CODE, 2009 INTERNATIONAL ENERGY CONSERVATION CODE, AND LOCAL AMENDMENTS PAGE 6 OF 7 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. ~3- i 5 S a AN ORDINANCE REPEALING AND REPLACING TITLE 10, CHAPTER 1, MERIDIAN CITY CODE, ADOPTING THE 2012 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL RESIDENTIAL CODE, AND THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE AND LOCAL AMENDMENTS THERETO; ADOPTING SAVINGS CLAUSE, VALIDITY, AND PENALTY SECTIONS; AND PRQVIDIN~G AN EFFECTIVE DAT ~~~ ~ U~ -~ r• it or is n `r or n ' y Council By: Ja ' e Holman, City Clerk ~~ag~ Usr~ AGO ~$ `" of ~ ~ IDIAN~ IDANO ~ ~ SEAL ~~ ~~a~ o, ~~4~~ First Reading: (~ - ~~ ~ ~ ~ ~ ~ ~ T ~ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902; YES NO Second Reading; r ~ - ~ - ~ 3 Third Reading: I ~ - 1 ~ - ~ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE N0. 13- I~$~ 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. l3- ~ " 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 ~(~~~"'~'~ ,fir' , 2013. ~~. ~ Wi iam. L.M. y City Attorney ADOPTION OF 2012 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL RESIDENTIAL CODE, 2009 INTERNATIONAL ENERGY CONSERVATION CODE, AND LOCAL AMENDMENTS PAGE 7 OF 7