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HomeMy Public PortalAboutOrd. 640 - Building CodesORDINANCE NO.640 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO THE BUILDING CODES; EXTENDING BUILDING CODE INSPECTION SERVICES TO MOBILE/MANUFACTURED HOME INSTALLATION ACCORDING TO IC 44-2202 AS AMENDED EFFECTIVE JULY 1, 1993; MAKING EDITORIAL CORRECTIONS TO THE CITY CODE TO CLARIFY THE EXISTING PRACTICE THAT BUILDING CODES EXTEND THROUGHOUT THE PLANNING JURISDICTION; CLARIFYING THE SNOW LOAD REQUIREMENT FOR STRUCTURES INCLUDING MOBILE/MANUFACTURED HOUSING; SPECIFYING THAT PLAN REVIEW FEES WILL BE FIXED BY RESOLUTION OF THE COUNCIL; PROVIDING FOR CONSULTANT FEES FOR PLAN REVIEW; PROVIDING FOR POSTING OF THE PER SQUARE FOOT COSTS USED BY THE BUILDING INSPECTOR IN DETERMINING FEES UNDER THE U.B.C.; GENERALLY REORGANIZING AND RECODIFYING UNCHANGED MA'r hR WITHIN TITLE II; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNcm OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. McCall City Code Title 2, Chapter 1, is amended to read as follows: Chapter 1 Applicable Codes Section 2-1-Q1Q: 2-2-21-020: 2-1-2030 2-1-4040: 2-1-3Q5Q 2-1-4060: 2-1-6070: 2-1-6Q$Q: 2-1-7090: 2-1-3100: 2-1-3A110: 2-1-6B12Q: Title PURPOSE AUTHORITY SHORT TITLE PERMITS REQUIRED SCOPE; EXEMPTIONS DEFINITIONS ADOPTION OF CODES AMENDMENTS TO UNIFORM CODES PROVIDING FOR CERTIFIED COPIES FIRE ZONES OCCUPANCY EXCEPTIONS: TO FIRE ZONE 2 ADDITIONAL ELECTRICAL WIRING REQUIREMENTS 2-1-Q1 Q: PURPOSE: The purpose of this-9rdinan a Title is to promote the public health, safety, and welfare, to provide City officials with an adequate means of monitoring development, and to provide certain minimum standards and requirements to safeguard life,er-limb, health, property and public welfare by regulating and controlling the design, construction, erection, alteration, moving, demolition, quality of materials, use, occupancy and maintenance of all buildings and structures within the Planning Jurisdiction of the City, as defined in Section 3-4-020 of this Code, except as specifically exempted by this Ordinance. 2 2 1: DECLARATION OF PURPOSE: It is the purpose of this Ordinance to YrV111VLV LIIV PUVllV II{,.uIszl, � ORDINANCE NO.640 page 1 of 15 printed March 25,1994 2-2-21-020,: AUTHORITY: This -Ordinance Title is enacted pursuant to the authority -therefor in Chapter 41 of Title 39, Chapter 13 of Title 50, and Chapter 65 of Title 67, Idaho Code. 2-1-2Q$Q SHORT TITLE: This -Ordinance Title shall be known as the McCall Building Codes OF 1976. 2-1-4 M: PERMITS REQUIRED: It shall be unlawful for any person, firm, eepartnership, association or corporation to do, or cause or permit to be done, after April 5. 1976, whether acting as principal, agent or employee, any construction, improvement, extension, alteration or demolition of any building, residence or structure, coming under the purview of this Act, within the Planning Jurisdiction of the City of McCa11 without first procuring a permit authorizing such work to be done. 2-1-BQ5.Q SCOPE; EXEMPTIONS: (A) The provisions of this -Ordinance Title shall apply to all buildings and construction within the Planning Jurisdiction- orperated4imits of the City of McCall o, except as otherwise herein provided. (B) Structures used primarily for industrial chemical process purposes and for mineral extraction and mineral processing purposes shall be exempted from this Act Title except for erection and fabrication of new structures; and equipment as required therein to condition the building for personnel comfort and safety. Equipment in this regard shall mean and shall be limited to: facilities or installations for heating, ventilation, air conditioning, refrigerating facilities associated with air conditioning, elevators, dumbwaiters, escalators, and boilers and pressure vessels associated with building heating systems. (C) Temporary facilities, , shall be exempt from this Act Title, except which e classi fed " ufactured modular buildings, -under -the , and/or mobile/manufactured homes. and commercial coaches. al Title 39, Idaho Code as defined in section 39-4105. Idaho Code. (D) Farms, as defined in section 39-4015, Idaho Code, shall be exempt from this Act Title except manufactured buildings mobile/manufactured homes. „tee provisions of section 29 12 , Idaho Code, and}er-a-commercial coaches. under-the_-provisions-e€-chapter-40, Title 29, Idaho Code as defined in section 39-4105, Idaho Code, and except buildings intended for human habitation. (E) Mobile/manufactured homes shall be subject to this Title as provided by IC 44-2202 (1993), with respect to installation and set-up: applications for an installation permit shall be accompanied by the manufacturer's installation instructions if the applicant desires to follow those rather than the alternative installation and set-up provisions of Chapters 21 and 22 of Title 44, Idaho Code. 2-1-4QQQ: DEFINITIONS: Definitions set out in Idaho Code 39-4105 shall apply to the same words used in this Title. except as otherwise expressly defined in this Title. As used in this -Ordinance Title,, the terms defined in this Section ORDINANCE NO. 640 page 2 of 15 printed March 25, 1994 shall have the following meaning, unless the context clearly indicates another meaning: fA) BUILDING: A , nwhich cVlll�il�{�T-U st,.uct„re aff rding facilities o shelter for ., 111L11 e structure used or intended for supporting or sheltering any use or occupancy. Building does not include a manufactured home, commercial coach, recreational vehicle, camping trailer, motor home, travel trailer, fifth -wheel camper, or truck camper, all of which as defined in IC 39-4105. Nothing in this definition shall be taken to imply authorization of a use other than of the temporary nature intended for a unit of that kind, of a commercial coach, recreational vehicle, camping trailer. motor home, travel trailer, fifth -wheel camper, or truck camper. (B) BUILDING INSPECTOR: The person Council employed by the City as who shall be deemed to be the 'Building Official" designated by the Uniform Building Code. (C) BUILDING SITE: Any lot, tract, parcel or subdivision of land, either public or private, upon which a building is placed or is to be placed. CLOSED b'�cU//CONO2"c� • building, build nSeemPenen assembly-e manufacture ,mot be ; ected before installation at the building site witho„t allullur d;sassembl„ damage or destmetion auou3 , (D) CONSTRUCTION: The erection, fabrication, reconstruction, demolition, alteration, conversion, or repair of a building (other than in -kind), or the installation of equipmentn in it normally a part of the structure. (E) EQUIPMENT: Facilities or installations including, but not limited to, heating, ventilating, air conditioning and refrigeration facilities or installations, and elevators, dumbwaiters, escalators, boilers and pressure vessels and ski lifts, but not including telecommunications facilities. (F) FARM: Ana „ltural , nit of five (5) a o (F) HUMAN HABITATION: When used in respect to temporary facilities, means a space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, storage or utility space and similar areas are not considered space for human habitation. (G) MANUFACTURED HOME: Means a structure meeting the definition of manufactured home set out in Section 39-4105. Idaho Code. (H) MODULAR BUILDING: Any building which ;steed construction encloses factory -installed structural, mechanical, electrical or plumbing systems, which systems are not open to inspection at the building site, and which is made or assembled in manufacturing facilities, on or off the building site, for installation, or assembly and installation, on the building site: "modular building" does not include manufactured home (formerly known as mobile home or trailer house). ORDINANCE NO. 640 page 3 of 15 printed March 25, 1994 (I) PERSON: A natural person, corporation, partnership, trust, society, club, association or other organization. (J) TELECOMMUNICATIONS FACILITIES: All wires, cables, equipment, apparatus or other installations necessary to furnish service, by which there is accomplished or may be accomplished, the sending or receiving of information, data, message writing signs, signals, pictures and sounds of all kinds, by aid of such wires, cables, equipment, apparatus or other installations, but shall not include the habitable structure in which such telecommunications facilities are housed. (K) TEMPORARY FACILITY: A structure designed and constructed to service actual construction projects and which is completely removed upon completion of the project. This structure shall not be a place of employment or human habitation, and does not include those temporary structures used for the protection of the public around and in conjunction with construction work. (Ord. 349, 4-5-76) 2-1-5070: ADOPTION OF CODES: The following codes, except as herein amended by section 2-1-080, shall apply to all areas within the incorporate -limits- Planning Jurisdiction of the City of McCall, Idaho. (A) The Uniform Building Code, 1991 edition, and the following appendices thereto: Chapter 11, Agricultural Buildings Chapter 23, Snow Load Design Chapter 32, Reroofing Chapter 49, Patio Covers (B) The Uniform Code for Abatement of Dangerous Buildings, 1991 edition, published by the International Conference of Building Officials. (C) The Uniform Mechanical Code, 1991 edition, published by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials. (Ord. 542, 2-9-89; and. Ord. 605, 4-23-92) (D) (Rcp. by Ord. 605, 4 23 92) (ED) The Uniform Fire Code, 1991 edition, and Appendices II C, II F, I A, I B, IC, V A, VI A, and VI D, published by the Western Fire Chiefs Association and the International Conference of Building Officials_ (E) , and tThe Life Safety Code, National Fire Protection Association Code number 101-1991, published by the National Fire Protection Association. (Ord. 605, 4-23-92) (F) National Fire Protection Code sections as follows: NFPA 501-A-1987: Manufactured Home Installations NFPA 501-C-1990: Recreational Vehicle Fire Safety Guidelines NFPA 501-D-1990: Recreational Vehicle Parks and Campgrounds NFPA 54-1988: Natural Fuel Gas Code NFPA 58-1989: Storage and Handling of Liquefied Petroleum Gases NFPA 59-1989: Storage and Handling of Liquefied Petroleum Gases at Utility Gas Plants ORDINANCE NO. 640 page 4 of 15 printed March 25, 1994 (G) National Electrical Code, 1990 edition, and the appendices thereto as amended, recommended by the American Insurance Association for electrical wiring and apparatus. (Ord. 542, 2-9-89; and. Ord. 605, 4-23-92) 2-1 -6080: AMENDMENTS TO UNIFORM CODES AND PROVISION FOR MANUFACTURED HOME SNOW LOADS (A) SNOW LOADS. Section 2305(d) of said Uniform Building Code shall be amended by adding the following: The minimum nominal design snow load for McCall shall be designated as 120) pounds per square foot and the Building Inspector may require structures to be designed for heavier loadings in certain locations-ef in the City Planning Jurisdiction known to experience heavier snow falls. With respect to manufactured homes (formerly mobile homes). each such home shall conform to a Federal manufactured home standard adopted under 42 USCA 45401, et seq. which standard provides a nominal design snow load of 120 pounds or greater, or if none does. then that standard which most nearly approximates a nominal design snow load of 120 pounds. The applicant for a permit for the placement of such a home has the burden of demonstrating which Federal standard is met by the unit. and whether that standard is one described in the immediately preceding sentence of this paragraph. If such manufactured home does not meet a standard of a nominal design snow load of 120 pounds , it may not be sold into or installed within the Planning Jurisdiction unless: 1. it prominently bears notice that the "City of McCall deems any home with a snow load capacity of less than 120 pounds to be a life/safety hazard. and recommends against the purchase of any such home and (B) 2. the vendor or other installing person presents proof over the signature of the purchaser that the purchaser was aware of the notice prior to making the purchase. PLAN REVIEW FEES. Section 304(b) of said Uniform Building Code shall be amended to read as follows: 304(b) Plan Review Fees. When a plan or other data is required to be submitted by Subsection (b) of Section 302, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be set from time to time by resolution of the City Council. ads: 1 Whe„ the 1. nstruction cost of said „l.,ns and specifications is f«om Q1 00 to $2C 000 00 the foe shall be $2G 00 '7 Whe„ the c nstruction cost of said plans ..nd s cificntions is from $25 00 00 to $125 000 00 the fee shall be $50 00 3 - hen the c nstruction cost of said plans and cificatio„s Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at those -above rates. Plan review fees shall be paid in advance at the time that the request for plan review is made. (C) Mezzanine or mezzanine floor is an intermediate floor placed in any story or room. Any such mezzanine floor; or loft. -to which permanent access is ORDINANCE NO. 640 page 5 of 15 printed March 25, 1994 provided shall be considered as constructing an additional story of the building in which such mezzanine floor is constructed. The clear height above or below a "mezzanine floor" construction shall be not less than seven feet (7'). (Ord. 595, 9-12-91) (D) Automatic Fire Extinguishing Systems. , described ubsectien 1 below of Commercial and industrial buildings shall have automatic sprinkling devices as required by the Uniform Building Code or Uniform Fire Code, if the occupancy classification requires them, below:, in the case of: 1. New construction; and or 2. Remodeling if the value exceeds $50,000.00 at the time of permit application, whether for the proposed project, or for the aggregate of its value together with the value of all other permits for the some building over the five years immediately preceding the date of the current application; or there is a 3. Change of use of an existing building to a more hazardous occupancy. 7 The Uniform Fire Code threshold . e footr,ge� odif;ed as ern GVQ�crRCJn �czr�c:rirsc-iiivuiric� crag fellowsi (a) Section 10.507(c) 1, changed, 33000-squ eel (b) Section 10.507(c) 3, changed from 12,000 square feet to (c) Section 10.507(d), changed from 12,000 square feet to 000 a fee« nd from 2 nM s a,e feet to 1'f Mn square feet; and Section 1n 507(d) modified ; pert nent ,423 92) [from 2-1-16](OE) Section 304 (d), paragraph 3 "Lath or Wallboard Inspection" shall be deleted. (F) Consultant Fees. If plans submitted for plan review or building permit purposes are such as in the discretion of the Building Inspector need to be reviewed by an licensed professional engineer, the fees of such licensed professional engineer shall be charged in addition to the plan review or building permit fee. (G) Construction Costs and Fees. The Building Inspector shall from time to time determine and post in the Building Inspector's office(s) the per square foot construction costs for various types of construction being employed by the Building Inspector in estimating construction cost for purpose of plan review and building permit fees. Construction cost in the case of new mobile or manufactured housing shall include all expenses of installation and set-up. The Building Inspector shall from time to time determine an installation fee for manufactured homes, and similarly post it; provided that a foundation for a manufactured home shall be dealt with for fee purposes as an ordinary building permit matter. ORDINANCE NO. 640 page 6 of 15 printed March 25,1994 2-1-7090: PROVIDING FOR CERTIFIED COPIES: Not less than three; - (3) copies of each of the codes enumerated in Section 2-1-5070 hereof, decertified by the City Clerk, are to be on file for use and examination by the public in the office of the City Clerk . (Ord. 349, 4-5-76) 2-1-8100: FIRE ZONES: For the application of rules and regulations included in said the codes identified in section 2-1-050, those areas of the Planning Jurisdiction of the City of McCall now or hereafter zoned as Commercial"' Zone, General Commercial "D" Zone, Central Business District, and Industrial "E" Zone shall be deemed to be in the Fire Zone 2 as defined by the Uniform Building Code, and all other areas of the Planning Jurisdiction of the City shall be deemed to be in Fire Zone 3 as defined by said- the Uniform Building Code. (Ord. 399, 5-5-80) 2-1-BA] 1Q: OCCUPANCY EXCEPTIONS: TO FIRE ZONE 2: All buildings and structures located within Fire Zone 2, that have a present occupancy rating R-3, M-1 or M-2, as defined in the Uniform Building Code, by the City, shall not be subject to the restrictive provisions in the Uniform Building Code applicable to Fire Zone 2. (Ord. 403, 6-2-80) 2-1-8B : ADDITIONAL ELECTRICAL WIRING REQUIREMENTS: The following additional electrical wiring requirements shall apply within the corporateits Planning Jurisdiction of the City: (A) All electrical wiring in new buildings which classify as commercial or building of public assembly in Zone "C" Commercial !D General Commercial District , or Central Business Districts according to the Official Zoning Map shall be required to be in metal raceways, or other UL approved raceways. (B) All electrical wiring in places of public assembly within the corporate , including, but not limited to schools, churches, fraternal orders, hospitals, rest homes, sanitariums, exhibition or entertainment buildings, whether publicly or privately owned or operated shall be in metal raceways, or other UL approved raceways. (C) Exception to the foregoing provisions. Conductor operating at thirty (30) volts or less may be installed by any method. (D) Other new buildings constructed in Commercial, General Commercial, Central Business District, and Industrial zones Zone "C" or Zone "D" used strictly as residential buildings and having not more than six (6) single family residences per structure need not have electrical wiring in metal raceways. (E) Residential buildings constructed in Commercial. General Commercial, Central Business District. and Industrial zones Zone "C" or Zone "D" of more than six (6) residential units or those having meeting rooms, game rooms, wash rooms, laundry rooms or other rooms designed or designated as places of assembly for use by the tenants, residents or the general public shall have electrical wiring in metal raceways, or other UL approved raceways. ORDINANCE NO. 640 page 7 of 15 printed March 25, 1994 Chapter 2 Related Duties of Building Inspector and Coordination with Other Permits Section Title 2-42-901 0: APPROACHES TO CITY STREETS, STATE HIGHWAYS 2 4-10 2-020: PERMITS FROM OTHER AGENCIES; UNLAWFUL TO ENERGIZE USE CONNECTION WITHOUT PERMIT 2 1 14A: PAYMENT OF TRIM! SEWER AND TREATMENT PI ANT 2-2-3-030: REGULATIONS RESPECTING DRAINAGE 2=4-42-040: ZONING AND SITE DEVELOPMENT: 2-2-4-050. PURPOSE. 2-2-5-QQQ. RESPONSIBILITY. 2-2-6-070 CONTENTS OF A REPORT. 2-2-7-080 PROCEDURES. 2-42-9Q1Q: APPROACHES TO CITY STREETS, STATE HIGHWAYS: The: Building Inspector shall require the installation of a driveway approach to the City streets, County roads, or State highway that provides continuity of drainage along the right of way and that where applicable avoids damage to paving, as required by the Public Works Director. (Ord. 542, 2-9-89) 2 1 102 020: PERMITS FROM OTHER AGENCIES: (A) Prior to issuance of a building permit the Building Inspector shall require evidence of approval by other government agencies and utilities for installation of (a) electric service, (b) water system (City, or Central District Health and Department of Water Resources), (c) sewer system (City, Central District Health, or Payette Lakes Water & Sewer District), (d) plumbing system (State plumbing inspector), (e) mechanical heating system (State plumbing or electrical inspector), (f) approach to State highway or County Road or City street, if applicable. 2 1 14A: SEWER AND WATER CONNECTION PERMITS AND PAYMENT OF TRUNK SEWER AND TREATMENT PLANT CONNECTION CHARGE REQUIRED: (AB) No building permit shall be issued under this Chapter unless issued simultaneously with the issuance of sewer servicc and water connection permits and payment of trunk sewer and treatment plant connection charges and water connection charges, if any, for the same premises. Sewer service and water connection permits shall expire simultaneously with the expiration of building permits. (CD) No refund of trunk sewer and treatment plant connection charges or water connection charges shall be made after expiration of sewer service and water connection permits. Commencement of construction by the permittee or the performance of any service by the City as a result of the payment of such charges shall bar any refunds being made hereunder.(Ord. 515, 6-87) 2 1 13(E) It shall be unlawful for any person, firm or corporation to connect or energize any electrical installation or any other utility service to any (BC) ORDINANCE NO. 640 page 8 of 15 printed March 25, 1994 building or structure coming under the provisions of this -Ordinance Title unless the necessary permit covering such installation has been issued. (Ord. 349, 4-5-76) 2-2-3030: REGULATIONS RESPECTING DRAINAGE: (A) (B) The City Building Inspector shall review all applications for permits to determine whether thedevelopment is reasonably designed to avoid flooding other properties. If the area -is development will potentially contribute to flooding, the proposed construction must: 1. Be designed (or modified) -angered to prevent -floatation flooding of other properties: and 2. to-flood-damage;- 3. Use construction methods and practices that will minimize flood damage to other properties. ii3j(C) The City Building Inspector shall review subdivision proposals and other proposed new development to assure that: 1. All such proposals are consistent with the need to minimize flood damage:; and, 2. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located, elevated and/or constructed to minimize or eliminate flood damage; and,_ (C)(D) New or replacement water supply systems and/or sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood water into the systems and discharge from the systems into the flood waters. On -site waste disposal systems must be located so as to avoid impairment to them or contamination from them during flooding. (Ord. 343, 8-19-75) (D) The provisions of this Section are in addition to, and not in lieu of, the flood plain chapter of Title 3. 2 1 12: ZONING AND SITE DEVELOPMENT: 2-2-040 ZONING AND SITE DEVELOPMENT: (A) No building permit shall be issued or authorized unless the work or project is in compliance with zoning and subdivision ordinances of the City. (B) A planning report shall be prepared as provided in Chapter 2 of this Title. (C) Surveys. 1. Every applicant for a building permit shall submit with the application an actual survey of the property showing the proposed improvement, prepared in a workmanlike manner and stamped by a surveyor. The surveyor shall certify that the corners of the property have been recovered and marked so as to permit their ORDINANCE NO. 640 page 9 of 15 printed March 25, 1994 ready view by the Building Inspector. Such marking shall be maintained in good order by the owner until final completion of the building envelope. The Building Inspector may waive the requirement that the site plan be prepared by a surveyor when in the Building Inspector's discretion the Building Inspector determines there is no possibility of encroachment into a setback. The Building Inspector may require the owner to employ the surveyor to stake the location of the setback lines on the property in the vicinity of the proposed construction, and all such setback stakes shall be preserved until the building envelope is complete. When in the Building Inspector's judgment it is desirable, the Building Inspector may require an as -built survey of the foundation and its location on the lot to be submitted demonstrating compliance with setback requirements prior to the erection of any other part of the building envelope. 2. On request of the surveyor, the Administrator under Title III of this Code shall advise the surveyor what the applicable setbacks are for the building shown on the plans; the surveyor may rely on written information in this regard from the Administrator. In such a case the Administrator shall also furnish a copy of the site plan from the plans to the surveyor. If the building on the land is with respect to exterior dimensions or orientation on the lot materially not the building on the plans (for two examples, 65 feet long rather than 60 feet long, or long axis built E - W rather than N - S), the surveyor shall so advise the Administrator in order that the Administrator may revise the determination of applicable setbacks. (D) In this section "building envelope" means the footings, foundations, exterior walls, roof, and any other part of the building, such as but not limited to eaves and decks, projecting beyond any of the foregoing. 2-2-4-050. PURPOSE. The purpose of this and the succeeding three sections is to ensure the effective administration and enforcement of Title III. 2-2-5-Q2Q. RESPONSIBILITY. The responsibility for the preparation of a planning report shall be assigned to the Administrator designated by the City Manager for the administration of Title III. The applicant is responsible for furnishing all necessary information to the Administrator. 2-2-6-M CONTENTS OF A REPORT. A planning report shall address the following items: (A) Current zoning of the land; (B) The proposed use of the land; (C) The comprehensive plan designation of the land; (D) All development standards addressed in the applicable zone, including density, setbacks, parking requirements, drive way access, and landscaping; (E) A11 supplementary regulations and general development standards set forth elsewhere in Title III; and (F) Certifications from all relevant agencies that they have found no matters that require further attention. ORDINANCE NO. 640 page 10 of 15 printed March 25,1994 2-2-7—Q$Q PROCEDURES. (A) The Administrator shall provide forms and instructions for the applicant to use in furnishing the necessary information. (B) Upon receipt of an application for a building permit, the Building Official shall transmit to the Administrator or the Administrator's designee, maps, drawings, site plans and other information requisite to complete the planning report. (C) The Administrator shall notify any or all of the relevant agencies which may require the applicant to obtain other permits for the project or which subject the project to other governmental regulation. These agencies may include any or all of the following: The Idaho Department of Lands, The Payette Lakes Water and Sewer District, The McCall Rural Fire District, The Idaho Department of Transportation, the Valley County Engineer, the Valley County Sheriff, the Central District Health Department, and others. If the project is in whole or part within the City, the Administrator shall notify the Police Chief, Fire Chief, Public Works Director, and any other office which is impacted by the proposal. (D) If the planning report reveals that the proposed construction would not violate Title III, the Administrator shall, in writing, advise the Building Official of that fact, and a copy of the report shall be placed in the building permit file. (E) If the planning report reveals that the proposed construction would violate Title III, the Administrator shall so advise the Applicant and the Building Official in writing, shall counsel the Applicant to amend the plans to comply with Title III, and in the event the Applicant fails or refuses to conform the plans to Title III, shall advise the Applicant that variance or conditional use permit procedures exist under Title III which may or may not be applicable and should be reviewed by the Applicant. (F) No building permit may be issued until compliance with the provisions of this Chapter have been certified by the Administrator and a favorable planning report entered in the building permit file. The certification by the Administrator under this subsection shall constitute administrative res judicata, and shall bar the any assertion by the City that acts of the person engaged in the project under the building permit, which acts are expressly called out in the approved plans, violate provisions of Title III in effect on the date of such certification; provided such certification was not procured by bribery, misrepresentation, fraud, or other illegal influence. ORDINANCE NO. 640 page 11 of 15 printed March 25, 1994 Section Title 2 4-1z53 010: 2 4-1-663 020: 2-4-1-43-030: 2 4-173 040: 243050: 2 4-1-93 060: 2 4-203 070: 2 1 213 080: 2-1-2.23-090: 2-4-23-100: 2-1-213-110: 2 1 253 120 Chapter 3 Administration ADMINISTRATION INSPECTIONS EXPIRATION, SUSPENSION AND REVOCATION OF PERMITS LIMITATION OF RESPONSIBILITY BUILDING BOARD OF EXAMINERS AND APPEALS: HEARINGS CONFLICT OF INTEREST FINDINGS APPEALS: INJUNCTION, AFFIDAVIT SETTING OUT NONCONFORMITY VIOLATIONS MISDEMEANORS: CIVIL ACTION. 2 1 153 010: ADMINISTRATION: The City of McCall shall establish a Building Department and appoint a Building Inspector and such other persons am necessary to administrate and implement the application and inspection functions required by this Title. The Building Inspector shall collect building permit fees and issue such permits upon approval of the application therefor. 2 4-463 020: INSPECTIONS (A) (B) It shall be the duty of the Building Inspector to inspect the construction of all buildings and structures covered by this 9rdinanee-Title for compliance with this Title ; It shall be the duty of a permit holder to notify the Building Inspector at least tw lve 'PT 24 hours prior to the time of inspection, exclusive of Sundays and holidays, that he the project will be ready for inspection at a stipulated time. He The permit holder will request an inspector to perform the inspection within twenty-feur-(24)_4_a hours of the stipulated time for the inspection and shall, after if said twenty-four4) 41 hours then pass without n in i n in m • , be allowed to proceed with work -the -same as if the inspection had been made and the work found to be satisfactory. (C) The inspector may in writing waive any inspection of the work of a permit holder-in-wfiting. Inspections need not be made -required of any work which is subject to inspection by the United States Government Veterans Administration, Federal Housing Administration, or Department of Agriculture Farmers Home Administration; provided, the permit holder shall submit to the Building Inspector Official a copy of the Federal agencies' inspection report within seventy two (72) hours of receipt of such inspection report. 2 4-443-030: EXPIRATION, SUSPENSION AND REVOCATION OF PERMITS Each permit issued under this -Ordinance Title shall expire if the work or building authorized by the permit is not commenced within one hundred eighty (180) days from the permit date, or if the work or building authorized by the permit once commenced is thereafter suspended or abandoned for a period of one hundred ORDINANCE NO. 640 page 12 of 15 printed March 25, 1994 eighty (180) days. Suspended or abandoned work for which the original permit has expired, shall be recommenced only after the issuance of a new permit therefor. A building permit, issued by mistake, issued on the basis of incorrect information supplied, or issued in violation of any Statue, regulation, or provision of4his-Code the McCall City Code, if not already void under the terms of the Uniform Building Code. may be suspended or revoked by written notice to the permittee. (Ord. 441, 11-2-81, am. Ord. 640, 8-26-93) 2 473 040: LIMITATION OF RESPONSIBILITY: Neither an approval nor a permit granted shall constitute a waiver, €ef- of any violation of any Statute, ordinance or regulation. Neither the City of McCall nor its officers or employees -shall assume liability for structural or construction defects through the administration or enforcement of this-Ofdinanee Title. (Ord. 349, 4-5-76, am. Ord. 640, 8-26-93) 2 4 83-050: BUILDING BOARD OF EXAMINERS AND APPEALS: (A) There shall be a Building Board of Examiners and Appeals, to be the "board of appeals" specified in Section 204 of the Uniform Building Code. The City Council designates itself as the Building Board of Examiners and Appeals. (B) Appeals from decisions of the Building Official shall be presented first to the Building Standards Advisory Committee; an appeal may be taken from the decisions of the Advisory Committee to the Building Board of Examiners and Appeals ; The notice of appeal shall be in writing. shall fully state the decision of the Inspector being appealed and fully state the grounds of the appeal. and shall be signed and verified by the appellant. The notice of appeal shall be served on the City Clerk and on the Building Inspector. The appeal shall be scheduled by the Clerk for hearing as soon as practicable. and in any event within 20 days after receipt of a notice of appeal complying with the standards of this section. Written notice of hearing shall be given to the Building Inspector and to the appellant not less than ten days before the hearing. Following the hearing. the Committee shall enter written findings of fact. conclusions of law. and its decision. within 10 days. An appeal to the Board may be taken from the decision of the Committee. and shall be scheduled by the Clerk for hearing as soon as practicable. with notice, hearing, and decision as provided in the previous sentence and Section 2- 3-080. (Ord. 609, 6-11-92, am. Ord. 640, 8-26-93) 2 1-193 060: HEARINGS: Hearings before theis Committee and the Board o is shall be public and shall be conducted in a quasi-judicial manner sections 39 4, 07 (3) and 39 4 20 „f the Id„ho C„ e and employing the rules of evidence. Attorneys may represent petitioner but are not required. All proceedings shall be recorded and said recordings shall be kept and made permanent. 2 1 203 070: CONFLICT OF INTEREST: If a member of the Board of Examiners and Appeals should find that acting on a particular hearing before them would result in a conflict of interest, -he the member must -absent -himself withdraw from participating in the said hearings. He -The member must abstain from making any comments or statements or doing any other thing that would in any manner influence the other members of the Board. ORDINANCE NO. 640 page 13 of 15 printed March 25, 1994 2 1 213 080: FINDINGS: Findings by the Board of Examiners and Appeals shall be explicit and shall state the ruling and the reasons for said decision by delineating the findings of fact and conclusions of law. Signed copies of the findings should be sent to all parties to the action. The Board of Examiners and Appeals shall render all decisions and findings in writing to the -appropriate Building Inspector and, the appellant -and -the within ten (10) days of close of hearing. 2-1-223-090 : APPEALS: (A) Appeals from the local Board of Examiners and Appeals -herein established shall be filed within ten (10) days after mailing of notice of decision by the local Board of Examiners and Appeals -Beard. The appeal will be filed and heard as -empowered provided by Idaho Code section 39- 4120, (State Board of Appeals). Appeals shall be brought before the said State Board of Appeals by person affected by any code, rule, regulation or decision pursuant to Idaho Code sections 39-4101 through 39-4129; provided, such appeals shall be heard only after the appellant has received a decision from the local Board of Examiners and Appeals Board, if any, as provided for in section 39- 4119, Idaho Code. Final decisions by the State Board of Appeals, other than code interpretations, are reviewable upon appeal to the District Court in the county wherein the person praying for the appeal is a resident, or in the County of Valley and shall be heard de novo, as provided by State law. (B) Appeals of Board of Examiners and Appeals decisions shall be in such form and manner as provided by the Idaho rules of civil procedure. 2-1--23-100: INJUNCTION, AFFIDAVIT SETTING OUT NONCONFORMITY: The City may obtain from a District Court having jurisdiction, a temporary restraining order and a preliminary injunction enjoining the construction of a building or installation of manufactured homes or modular buildings on any building site upon affidavit of the -department Building Inspector that such -building activity does not conform to the requirements of this act Title or to the rules and regulations adopted pursuant to this act Title or any other act of the State of Idaho relating to building construction. The affidavit must set forth such violations in detail. The injunction may be made permanent, in the discretion of the court. 2-1 243-110: VIOLATIONS MISDEMEANORS: (A) Any person who willfully violates any provision of this -Ordinance dinance Title or who willfully violates any provision of the Codes enumerated herein, is guilty of a misdemeanor, upon conviction, shall be fined not more than three hundred dollars ($300.00), or imprisoned for not more than ninety (90) days or by both such fine and imprisonment. (B) A separate violation is deemed to have occurred with respect to each building not in compliance with this Act. Each day such violation continues constitutes a separate offense. 2 1 253 120 CIVIL ACTION. Notwithstanding any other remedies available, any person in an individual capacity, damaged as a result of a violation of this Act Title or the Codes enumerated herein or promulgated pursuant to this Act Title, has a cause of action in any court of competent jurisdiction against the person who committed the violation, and if such damaged person prevails, -shall be entitled to a reasonable attorney's fee to be determined by the court together with court cost. (Ord. 349, 4-5-76) ORDINANCE NO. 640 page 14 of 15 printed March 25, 1994 CHAPTER 2 (Legislative background: Ord. 343, 8-19-75; Ord. 349, 4-5-76; Ord. 399, 5-5-80; Ord. 403, 6-2-80; Ord. 441, 11-2-81; Ord. 515, 6-87; Ord. 542, 2-9-89; Ord. 595, 9-12-91; Ord. 605, 4-23-92; and Ord. 609, 6-11-92; repealed, amended, and recodified by Ord. 640, - - 94) Section 2. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Passed and approved /H7 / Z� , 1994. ))c,-- Ir. NAL Dean Martens Mayor AI IBST: Arthur J. S - midt, City Clerk ORDINANCE NO.640 page 15 of 15 printed March 25, 1994 CERTIFICATE OF RECORDING OFFICER STATE OF IDAHO ) ) ss COUNTY OF VALLEY) I, the undersigned, the duly appointed, qualified, City Clerk of McCall City, Idaho, do hereby certify the following: 1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a correct journal of the proceedings of the Council of McCall City, Idaho, and that I am the statutory custodian of all laws, ordinances and resolutions of said City. 2. That the attached Ordinance No. l 4/© is a true and correct copy of an ordinance McCall City held on'f i o2 19 and duly recorded in my office; and passed at a regular meeting of the Council of 3. That said regular meeting was duly convened and held in all respects in accordance with law and to the extent required by law, due and proper notice of such meeting having been given; that a legal quorum was present throughout the meeting and that a legally sufficient number of members of the Council of McCall City voted in the proper manner and for the passage of said ordinance; and that all other requirements and proceedings incident to the proper adoption and passage of said ordinance have been duly fulfilled, carried out and observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of McCall, Idaho, this / 3 °25 day of , 199 ee (Seal of the City) Arthur J. 'midt, City Clerk FIE RESOLUTION NO. la-94 C9111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF McCALL, IDAHO, / APPROVING A SUMMARY OF ORDINANCE 640. WHEREAS the Idaho Code permits publication of ordinances by publication of a summary of the ordinance; and Ordinance 640 is both lengthy and in its legislative form of struck -through deletions and underlined additions potentially difficult for the public to review and understand, BE IT RESOLVED by the Mayor and Council of the City of McCall that: Section 1. The attached summary of Ordinance 640 is approved and shall be published in lieu of publication of the Ordinance. Passed and approved �+i u-1 1 Z-, 1994. k k Dean Martens Mayor Arthur J. S hrnidt, City Cler resolution approving summary of ORDINANCE NO. 640 page 1 of 1 printed March 25, 1994 �S Summary of ORDINANCE NO.640 AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO THE BUILDING CODES; EXTENDING BUILDING CODE INSPECTION SERVICES TO MOBILE/MANUFACTURED HOME INSTALLATION ACCORDING TO IC 44-2202 AS AMENDED EFFECTIVE JULY 1, 1993; MAKING EDITORIAL CORRECTIONS TO THE CITY CODE TO CLARIFY THE EXISTING PRACTICE THAT BUILDING CODES EXTEND THROUGHOUT THE PLANNING JURISDICTION; CLARIFYING THE SNOW LOAD REQUIREMENT FOR STRUCTURES INCLUDING MOBILE/MANUFACTURED HOUSING; SPECIFYING THAT PLAN REVIEW FEES WILL BE FIXED BY RESOLUTION OF THE COUNCIL; PROVIDING FOR CONSULTANT FEES FOR PLAN REVIEW; PROVIDING FOR POSTING OF THE PER SQUARE FOOT COSTS USED BY THE BUILDING INSPECTOR IN DETERMINING FEES UNDER THE U.B.C.; GENERALLY REORGANIZING AND RECODIFYING UNCHANGED MATTER WITHIN TITLE II; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, AS FOLLOWS: Section 1. amends the McCall City Code Title 2, Chapter 1, to read, as summarized, as follows: Chapter 1 Applicable Codes 2-1-010: States the purpose of this Title. 2-1-020: States the authority for this Title in the Idaho Code. 2-1-030 Says this Title shall be known as the McCall Building Code. 2-1-040: Requires building permits. 2-1-050 States that the provisions of this Title shall apply to all buildings and construction within the Planning Jurisdiction of the City of McCall, except as otherwise provided. It then exempts certain specified sorts of construction. It then recognizes that mobile/manufactured homes shall be subject to this Title as provided by IC 44-2202 (1993). 2-1-060: Provides that definitions set out in Idaho Code 39-4105 shall apply to the same words used in this Title, except as otherwise expressly defined, and then sets out a variety of local definitions. 2-1-070: Adopts the following codes, as amended by section 2-1-080, to all areas within the Planning Jurisdiction of the City of McCall, Idaho. (A) The Uniform Building Code, 1991 edition, and the following appendices thereto: Chapter 11, Agricultural Buildings Chapter 23, Snow Load Design Chapter 32, Reroofing Chapter 49, Patio Covers (B) The Uniform Code for Abatement of Dangerous Buildings, 1991 edition, published by the International Conference of Building Officials. (C) The Uniform Mechanical Code, 1991 edition, published by the International Conference of Building Officials and the International summary of ORDINANCE NO.640 page 1 of 6 printed March 25, 1994 Association of Plumbing and Mechanical Officials. (Ord. 542, 2-9-89; and. Ord. 605, 4-23-92) (D) The Uniform Fire Code, 1991 edition, and Appendices II C, II F, I A, I B, IC, V A, VI A, and VI D, published by the Western Fire Chiefs Association and the International Conference of Building Officials. (E) The Life Safety Code, National Fire Protection Association Code number 101-1991, published by the National Fire Protection Association. (Ord. 605, 4-23-92) (F) National Fire Protection Code sections as follows: NFPA 501-A-1987: Manufactured Home Installations NFPA 501-C-1990: Recreational Vehicle Fire Safety Guidelines NFPA 501-D-1990: Recreational Vehicle Parks and Campgrounds NFPA 54-1988: Natural Fuel Gas Code NFPA 58-1989: Storage and Handling of Liquefied Petroleum Gases NFPA 59-1989: Storage and Handling of Liquefied Petroleum Gases at Utility Gas Plants (G) National Electrical Code, 1990 edition, and the appendices thereto as amended, recommended by the American Insurance Association for electrical wiring and apparatus. (Ord. 542, 2-9-89; and. Ord. 605, 4-23-92) 2-1-080: AMENDMENTS TO UNIFORM CODES AND PROVISION FOR MANUFACTURED HOME SNOW LOADS (A) SNOW LOADS. Section 2305(d) of said Uniform Building Code shall be amended by adding the following: The minimum nominal design snow load shall be designated as 120 pounds per square foot and the Building Inspector may require structures to be designed for heavier loadings in certain locations in the City Planning Jurisdiction known to experience heavier snow falls. With respect to manufactured homes (formerly mobile homes), each such home shall conform to a Federal manufactured home standard adopted under 42 USCA §5401, et seq. which standard provides a nominal design snow load of 120 pounds or greater, or if none does, then that standard which most nearly approximates a nominal design snow load of 120 pounds. The applicant for a permit for the placement of such a home has the burden of demonstrating which Federal standard is met by the unit, and whether that standard is one described in the immediately preceding sentence of this paragraph. If the manufactured home does not have a 120 pound or stronger roof, it is not to be sold into or installed in the Planning Jurisdiction without a prior warning about life/safety hazards. (B) Provides for locally established Plan Review Fees. (C) Provides that mezzanine floors or lofts to which permanent access is provided shall be considered an additional story of the building. No longer changes the Uniform Building Code or Uniform Fire Code square footage threshold requirements for sprinkling. Requires sprinkling of new or substantially remodelled buildings, or of buildings where the use has become a more hazardous one, according to UBC/UFC standards. (E) Deletes Section 304 (d), paragraph 3 "Lath or Wallboard Inspection." (D) summary of ORDINANCE NO.640 page 2 of 6 printed March 25, 1994 (F) Provides for the fees of licensed professional engineer consultants to be charged in addition to the plan review or building permit fee. (G) Provides that the Building Inspector shall determine and post the per square foot construction costs for various types of construction for purpose of plan review and building permit fees, and for determining construction cost in the case of new mobile or manufactured housing to include all expenses of installation and set-up, and for the Building Inspector to determine an installation fee for manufactured homes, and similarly post it; provided that a foundation for a manufactured home shall be dealt with as a building permit matter. 2-1-090: Provides that not less than 3 copies of each of the codes are to be on file for use and examination by the public in the office of the City Clerk. 2-1-100: Provides that those areas of the Planning Jurisdiction of the City of McCall zoned as Commercial, General Commercial, Central Business District, and Industrial shall be in the Fire Zone 2, and all other areas of the Planning Jurisdiction of the City shall be in Fire Zone 3. 2-1-110: Provides that those of the structures in Fire Zone 2 with an occupancy rating of R-3, M-1 or M-2, shall not be subject to the restrictive provisions in the Uniform Building Code applicable to Fire Zone 2. 2-1-120: Provides additional electrical wiring requirements: (A) Electrical wiring in new commercial or building of public assembly in Commercial, General Commercial , or Central Business Districts shall be required to be in approved raceways. (B) All electrical wiring in places of public assembly shall be in approved raceways. (C) Conductor operating at thirty (30) volts or less may be installed by any method. (D) Certain new residential buildings constructed in Commercial, General Commercial, Central Business District, and Industrial zones need not have electrical wiring in raceways. (E) Certain other residential buildings constructed in those zones shall have electrical wiring in approved raceways. summary of ORDINANCE NO.640 page 3 of 6 printed March 25, 1994 Chapter 2 Related Duties of Building Inspector and Coordination with Other Permits 2-2-010: The: Building Inspector shall require the installation of a driveway approach that provides continuity of drainage and that avoids damage to paving. 2-2-020: PERMITS FROM OTHER AGENCIES: (A) Prior to issuance of a building permit the Building Inspector shall require evidence of approval by other government agencies and utilities. (B) No building permit shall be issued unless simultaneously with sewer and water connection permits and payment of connection charges. (C) Sewer service and water connection permits shall expire simultaneously with the expiration of building permits. (D) No refund of connection charges after expiration of sewer and water permits. Construction, or the performance of any service by the City, shall bar any refunds. (E) It shall be unlawful to use any utility service to any building or structure unless the necessary permit covering such installation has been issued. 2-2-030:REGULATIONS RESPECTING DRAINAGE: (A) The Building Inspector shall review all applications to determine whether the site is reasonably safe from flooding, and the work free from flooding other properties. If the area is potentially flood -prone or the development will potentially contribute to flooding, the proposed construction must: 1. Be designed (or modified) and anchored to prevent floatation collapse, or lateral movement, and flooding of other properties; 2. Use construction materials and utility equipment that are resistant to flood damage; and 3. Use construction methods and practices that will minimize flood damage to the building site and to other properties. (B) The City Building Inspector shall review subdivision proposals and other proposed new development to assure that: 1. Such proposals are consistent with minimizing flood damage; and, 2. All public utilities are located, elevated and/or constructed to minimize or eliminate flood damage. (C) Water systems and sewage systems to minimize or eliminate infiltration and lealdng. On -site disposal systems to be located so as to avoid impairment during flooding. The provisions of this Section to be in addition to the flood plain chapter of Title 3. 2-2-040: No building permit shall be issued unless the work is in compliance with zoning. Surveys are required unless waived by the Building Inspector. 2-2-050: States purpose of planning reports to avoid violations. summary of ORDINANCE NO.640 page 4 of 6 printed March 25, 1994 2-2-060: Assigns responsibility for planning reports to Zoning Administrator. 2-2-070: Addresses contents of a planning report. 2-2-080: Addresses procedures for a planning report. Chapter 3 Administration 2-3-010:. The City shall appoint a Building Inspector and other persons necessary to administrate and implement the application and inspection functions.. The Building Inspector to collect fees and issue permits . 2-3-020: INSPECTIONS (A) Building Inspector to inspect the construction for compliance with this Title; (B) Duty of a permit holder to notify the Building Inspector at least 24 hours prior to the time of inspection, exclusive of Sundays and holidays, for inspection at a stipulated time. If 48 hours pass without inspection, allowed to proceed. (C) The inspector may in writing waive any inspection. Inspections need not be made of any work which is subject to inspection by the United States agencies. Permit holder to submit a copy of the Federal agencies' inspection report. 2-3-030: Permit issued under this Title expires if work not commenced within 180 days, or if the work is thereafter suspended or abandoned for 180 days. Suspended or abandoned work to be recommenced only after the issuance of a new permit. A building permit, issued by mistake, issued on the basis of incorrect information supplied, or issued in violation of any Statue, regulation, or provision of the McCall City Code, if not already void under the terms of the Uniform Building Code, may be suspended or revoked by written notice to the permittee. 2-3-040: Neither an approval nor a permit is a waiver of any violation of any law. The City (and its officers or employees) assume no liability for structural or construction defects. 2-3-050: BUILDING BOARD OF EXAMINERS AND APPEALS: (A) Building Board of Examiners and Appeals to be the "board of appeals" specified in Uniform Building Code. The City Council designates itself. (B) Appeals from Building Official presented first to the Building Standards Advisory Committee; an appeal from the Advisory Committee to the Building Board of Examiners and Appeals. Provides further for notice, hearing, formalities. 2-3-060: Hearings before the Committee and the Board public, quasi- judicial, employing the rules of evidence. Attorneys permitted, but not required: Proceedings shall be recorded and recordings made permanent. 2-3-070: Member of the Board of Examiners and Appeals, if acting on a particular hearing would be a conflict of interest, must withdraw from. participation and abstain from any influence on the Board. 2-3-080: Findings by the Board to be explicit, state the ruling and the reasons; provides further for procedures. 2-13-090: Appeals from the Board of Examiners and Appeals shall. be filed within ten (10) days , filed and heard as provided by Idaho Code section summary of ORDINANCE NO.640 page 5 of 6 printed March 25,1994 39-4120. Final decisions by the State Board of Appeals, other than code interpretations, are reviewable upon appeal to the District Court in such form and manner as provided by the Idaho rules of civil procedure. 2-3-100: The City may obtain temporary restraining order and a preliminary injunction upon affidavit of the Building Inspector that activity does not conform to this Title. The injunction may be made permanent, by the court. 2-3-110: Any person who willfully violates this Title or the Codes enumerated, is guilty of a misdemeanor. Fine not more than $300.00, or imprisonment for not more than 90 days or both. Each building and each day violation continues a separate offense. 2-3-120 Any person damaged by a violation of this Title or the Codes enumerated, has a cause of action against the person who committed the violation and if winning shall be entitled to attorney's fees an court costs. Section 2. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. THE FULL TEXT OF ORDINANCE 640 IS AVAILABLE AT CITY HALL, 216 E. PARK STREET, McCALL. STATEMENT OF CITY LEGAL ADVISOR The foregoing summary is true and complete and provides adequate notice to the public. City Attorney and Prosecutor summary of ORDINANCE NO.640 page 6 of 6 printed March 25, 1994