HomeMy Public PortalAboutOrd. 988 MCC Title 2 Amendment - Building & ConstructionORDINANCE NO. 988
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING
TITLE 2 CHAPTER 1 CLARIFYING APPLICABILITY THROUGHOUT THE McCALL
AREA, CLARIFYING THE APPLICABILITY AND EXEMPTIONS TO BUILDINGS AND
CONSTRUCTION, DEFINING AGRICULTURAL STRUCTURES, BUILDING OFFICIAL,
AND STRUCTURE, SIMPLIFYING ADOPTED CODES, ADDITIONS TO SNOW
REQUIREMENTS, ELECTRICAL WIRING REQUIREMENTS, AND LIQUEFIED
PETROLEUM GAS (LPG) SYSTEM REQUIREMENTS, ESTABLISHING MAINTENANCE
STANDARDS; AMENDING TITLE 2 CHAPTER 2 RELATED DUTIES OF THE BUILDING
OFFICIAL AND COORDINATION WITH OTHER PERMITS, REMOVING EXPIRATION OF
SEWER SERVICE AND WATER CONNECTION PERMITS, SETTING REGULATIONS FOR
DRAINAGE, FLOOD CONTROL, UTILITIES AND STREET IMPROVEMENTS,
ESTABLISHING WHEN A CERTIFICATE OF OCCUPANCY SHALL BE ISSUED,
ADDRESSING PERMITS ISSUED BY THE REVIEW AND APPROVAL PROCESS
CONTAINED IN McCALL CITY CODE TITLE 3, PROVIDING PURPOSE,
RESPONSIBILITY, CONTENTS AND PROCEDURES OF THE PLANNING REPORT;
AMENDING TITLE 2 CHAPTER 3 ADMINISTRATION, DESIGNATING BUILDING
OFFICIAL, ESTABLISHING PROGRESS INSPECTIONS, INCLUDING VALLEY COUNTY
LIMITATIONS OF RESPONSIBILITY, ESTABLISHING MEMBER TERMS AND DUTIES,
DIRECTING THE CITY CLERK, AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF MCCALL, IDAHO:
SECTION 1: That Title 2 Chapter 1 of the McCall City Code is hereby AMENDED as follows:
Chapter 1
APPLICABLE CODES
2.1.010: PURPOSE:
2.1.020: AUTHORITY:
2.1.030: SHORT TITLE:
2.1.040: PERMITS REQUIRED:
2.1.050: S'�APPLICABILITY AND EXEMPTIONS:
2.1.060: DEFINITIONS:
2.1.070: ADOPTION OF CODES:
2.1.080: AMENDMENTS AND ADDITIONS TO CODES:
2.'� OVI" e- + = IFIED -COPIES:
2.1.100: FIRE ZONES:
2.1.110: OCCUPANCY EXCEPTIONS TO FIRE ZONE 2:
2.1.4-30090: PERMIT FEES:
2.1.010: PURPOSE:
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The purpose of this 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, 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 construction within the "planning
Jurisdiction" of the city, as defined by section 3.1.020 of this code McCall Area including the City
jurisdiction and the McCall Area of City Impact, except as specifically exempted by this Title.
(Ord. 610, 5.12.1994, eff. 5.19.199
2.1.020: AUTHORITY:
This Title is enacted pursuant to the authority in chapter 41 IDAHO BUILDING CODE ACT of
Title 39 HEALTH AND SAFETY, chapter 13 PLATS AND VACATIONS of Title 50
MUNICIPAL CORPORATIONS. and chapter 65 LOCAL LAND USE PLANNING of Title 67
STATE GOVERNMENT AND STATE AFFAIRS, Idaho Code. (Ord. 640, 5.12.1991, eff.
5.19.1994)
2.1.030: SHORT TITLE:
This Title shall be known as the MCCALL AREA BUILDING CODES REGULATIONS (Ord.
610, 5.12.1991, eff. 5.19.1994)
2.1.040: PERMITS REQUIRED:
It shall be unlawful for any person 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 Title,
within the. planning jurisdiction of the city of McCall Area without first procuring a permit
authorizing such work to be done. (Ord. 640, 5.12.1994, eff. 5.19.1994)
2.1.050: APPLICABILITY AND EXEMPTIONS:
(A) The provisions of this Title shall apply to all buildings and construction within the planning
Jurisdiction of the city of McCall Area except as follows -otherwise herein provided:
(B) Structures used primarily for industrial chemical process purposes and for mineral extraction
and mineral processing purpose:, shall be exempt from this Title except for erection and
fabrication of new structures and equipment as required therein to condition the building for
personal comfort and safety. "Equipment" in this ro ara shall ra shall belimitea to:
facilities or installations for heating, ventilation, air zonditioning, refrigerating facilities
associated with air conditioning, elevators, dumbwaiters, escalator:, and boilers and pressure
vessels associated with building heating systems.
(A)(B)-Equipment used primarily for industrial chemical process purposes and for mineral
extraction and mineral processing purposes. This exemption shall not include the erection and
fabrication of new boilers, pressure vessels and other equipment as required 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, ventilating, air conditioning, refrigerating
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equipment, elevators, dumbwaiters, escalators, and boilers and pressure vessels associated with
building heating systems.
(B) Modular buildings that are constructed in the state of Idaho for installation on building sites
outside the state; provided however, that no modular building shall be installed on a building
site in the state of Idaho until it has been approved and bears the insignia of approval of the
Idaho State division of Building Safety as being in compliance with the requirements set
forth in chapter 43, Title 39, Idaho Code.
(C) Temporary facilities shall be exempt from this Title except modular buildings,
mobile/manufactured homes and commercial coaches, all as defined 39, Idaho Code as defined
in section 39.4105, Idaho Code.
(D) Farms, as defined in section 39.1105, Idaho Code, shall be exempt from this Title except
Agricultural structures, except modular buildings, mobile/manufactured homes and
commercial coaches, as defined in section 39.4105, Idaho Code, and cept buildings intended
for human habitation. (Ord. 773, 12.12.2002, eff. 1.1.2003)
2.1.060: DEFINITIONS:
Definitions set out in Idaho Code section 39-4105 shall apply to the same words used in this
Title, except as otherwise expressly defined in this Title. As used in this Title, the terms defined
in this section shall have the following meanings, unless the context clearly indicates another
meaning:
AGRICULTURAL STRUCTURE: Any structure (see definition of Structure) that is related to
or used in the science, business or art of cultivating soil, producing crops, and/or raising
livestock.
BUILDING: Any 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 as defined
in Idaho Code section 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.
BUILDING ENVELOPE: 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.
BUILDING INSPECTOR: The person employed by the city as the "building official"
designated by the international building code.
BUILDING OFFICIAL: The person designated with authority to administer the MCCALL
AREA BUILDING REGULATIONS and as the person identified as `Building Inspector" in
Idaho Code
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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.
CONSTRUCTION: The erection, fabrication, reconstruction, demolition, alteration,
conversion or repair of a building (other than in kind), or the installation of equipment in it
normally a part of the s<ruct 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.
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.
MANUFACTURED HOME: A structure meeting the definition of manufactured home set out
in section 39.4105, Idaho Code.
MODULAR BUILDING: Any building which 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
not include manufactured home (formerly known as mobile home or trailer house).
PERSON: A natural person, corporation, partnership, trust, society, club, association or other
organization.
STRUCTURE: Anything constructed or erected, the use of which requires location on the
ground or attachment to something having a fixed location on the ground. Among other things,
structures include buildings, mobile homes with a permanent foundation, manufactured homes,
modular building, walls, fences, decks, patios, satellite dishes, billboards, fuel tanks, refuse
enclosures, and piers or any other construction erected to connect docks to the shore;
"structure" does not, for purposes of setbacks from the lot lines, include:
(A) Paths, steps, and sidewalks of less than forty-nine inch (49") width; and driveway s from access
streets to automotive vehicle storage areas;
(B) In -ground patios;
(C) Detached planter boxes, walls not more than thirty inches (30") in height, or other landscaping
features, which landscaping features are not more than thirty inches (30") above the natural
terrain, or lot line fences except as otherwise provided in section 3.7.023 of this Title; and
(D) Docks and retaining walls otherwise permitted by Title 3 PLANNING AND ZONING.
STRUCTURE SIZE: The square footage of all floors, conditioned and unconditioned, and
habitable attics, and including covered porches, decks, and other useable areas under roofs as
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measured to the outside of the exterior walls: excluding eaves unless intended to cover useable
space.
TELECOMMUNICATIONS FACILITIES: All wires, cables, equipment, apparatus ar-other
installations necessary to furni 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 aim-of-seh= reTeables, equipment, aciparatus or other
installations, but shall not include the habit vie structure in which such telecommunications
facilities are housed.
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 A temporary
facility does not include a residential occupancy or temporary structures used for the protection
of the public around and in conjunction with construction work. (Ord. 773, 12.12.2002, eff.
1.1.2003)
2.1.070: ADOPTION OF CODES:
dos, as amended by section 2.1.080 of this chapter, shall apply to all areas within
the planning jurisdiction of the city of McCall, Idaho:
As adopted, amended and excluded by the State of Idaho Division of Building Safety, the
following codes shall apply to the McCall Area. These codes may be superseded by successive
versions as they are adopted or approved by the State of Idaho and shall become effective the first
of January following the effective date of the state adoption, unless another date is specified in
state statute.
(A) International Building Code: The international , edition, prepared by the International Code
Council, Inc., as adopted by the state of Idaho or the Idaho , together with any amendments or
revisions to the Building Code made by the Idaho Building Code Board through the negotiated
rulemaking process, is adopted.
(B) International Residential Code, including Appendix R Tiny Homes. The 2012 international
appendices, prepared by the International Code Council, Inc., as adopted by the Idaho building
code board, together with any amendments or revisions made by the Idaho building code board
(C) International Energy Conservation Code. The 2012 international energy conservation code
(IECC), prepared by the International Code Council, Inc., together with any amendments or
revisions made by the Idaho building code board through the negotiated rulemaking process,
is adopted.
(D) Uniform Code for Abatement of Dangerous Buildings: The uniform code for of dangerous,
1991 edition, published by the International Conference of Building Officials.
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(E) International Mechanical Code: The 2012 (IMC) including appendix A, prepared by the
International Code Council, Inc., together with any amendments or revisions made by the
Idaho heating, ventilation, and air conditioning board through the negotiated rulemaking
process, is adopted.
Reserved
(G) Life Safety Code: The life safety code, National Fire Protection Association code number
101.2000, publishad by the National Fire Protection Association.
(H) National Fire Protection Code: National fire protection code sections as follows:
NFPA 501.2000: Manufactured housing
NFPA 501.A.20OO: Manufactured home installations
NFPA 58.2001: Storage and handling of liqucficd petroleum gases liqucficd gas code
NFPA 59.2001: Storage and handling of liquefied petroleum gases at utility gas plants
(I ,
Fire Protection Association, together with any amendments or revisions nee by the Idaho
(J) Uniform Code For Building Conservation: The uniform code for building conservation, 1991
cdition, chapters 1, 2, 3, ^, 5, 6, and 7, without appendices, publishedy-then tematio
historic build
(K) Idaho Manufactured Home Installation Standards: Idaho manufactured home installation
standard.
(L) Idaho State Plumbing Code: The 2012 Idaho state plumbing code (ISPC) including appendices
B, D, E, I, and L (modeled after the 2009 uniform plumbing code) together with any
amendments or revisions made by the Idaho plumbing board througL, the negotiated rule ,along
process, is adopted.
("M) Internationcl Fuel Gas Code: The 2012 international fuel gas code (IFGC) including
appendices A, B, C, and D, prepared by the International Code Council, Inc., together with any
amendments or revisions made by the Idaho heating, ventilation, and air conditioning board
through the negotiated rulemaking process, is adopted.
(F) National Electrical Code
(G) Idaho Manufactured Home Installation Standards
(H) Idaho State Plumbing Code
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(I) International Fuel Gas Code
(J) International Fire Code
2.1.080: AMENDMENTS AND ADDITIONS TO CODES:
The following amendments are additional regulations for building and construction in the
McCall Area:
(A) Automatic Fire Extinguishing Systems: Commercial and industrial building:, :hall have
automatic sprinkling devices as required by the international building code or international fire
code, if the occupancy classification requires them, in the case of:
1. New construction; or
2. Remodeling if the value exceeds fifty thousand dollars ($50,000.00) at the time of permit
the value of all other permits for the same building over the five (5) years immediately
preceding the date of the current application; or
3. Change of use of an existing building to a more hazardous occupancy.
(BA) Snow Load: The designed roof snow load shall be no less than one hundred fifty (150)
pounds per square foot: or with an engineer's stamp and calculation, In no case shall the
designed roof load or snow load shall be no less than one hundred twenty (120) pounds per
square foot, as determined by sections 1607 and 1608 of the International Building Code-e
Iasi, than one hundred twenty (120) pounds per square foot.
(B) Snow Country Requirements:
1. Ice Barrier: Self -adhering polymer modified bitumen sheet underlavment shall be installed
as an underlavment on the entire roof unless prohibited by the roofing manufacturer's
installation instructions.
2. Roof/ceiling Insulation: Roof/ceiling insulation shall be not less than R-49. or greater as
required by the International Energy Efficiency Code.
a. Full height uncompressed R-49 insulation shall extend over the wall top plate at the
eaves. (Trusses may require "energy heels" to accomplish this.)
b. Exception: Manufactured homes.
3. HVAC Equipment: Equipment located in attics shall be within the thermal envelope of the
building.
2.1 .0� 090 PRO IDINTG- OD CERTIFIED COPIES:
N t ions than feach ofthe codeG o d t i non fthis chapter, certified by
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the city clerk, are to be on file for use and examination by the public i„ the office of the Building
inspector, 2.1.100: FIRE ZONES: (Rep. by Ord. 773, 12.12.2002, eff. 1.1.2003)
2.1.110: OCCUPANCY EXCEPTIONS TO FIRE ZONE 2:(Rep. by Ord. 773, 12.12.2002,
eff. 1.1.2003)
(C) Electrical Wiring Requirements:
The following additional electrical wiring requirements :,hall apply within the planning
jurisdiction of the city:
(A)-1. Commercial Buildings: All electrical wiring in new buildings which classify as commercial
or building of public assembly in commercial, general commercial or central business
districts according to the official zoning map shall be required to be in metal raceways, or
other UL approved raceways.
(B) 2. Public Assembly Areas: All electrical wiring in places of public assembly, including, but
not limited to, schools, churches, fraternal orders, hospitals, rest homes, sanatoriums,
exhibition or entertainment buildings, whether publicly or privately owned or operated, shall
be in metal raceways, or other UL approved raceways.
(C) 3. Exception to the Foregoing Provisions: Conductor operating at thirty (30) volts or less may
be installed by any method.
(D) Residential Buildings: Other new buildings constructed in commercial, general commercial,
central business district and industrial zones 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) Meeting Rooms, Game Rooms, Etc.: Residential buildings constructed in commercial, general
commercial, central business district and industrial zones of more than six (6) residential units
or those haiin ms, washrooms, 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.
4. Electrical Wiring in Metal Raceways in Residential Buildings:
a. Electric wiring in metal raceways are not required in residential buildings when the
building is (1) in a non-residential zoning district, (2) used exclusively for residential
occupancy; and (3) has not more than six (6) single-family residences per structure.
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(E) Residential buildings constructed in commercial, general commercial, central business district
and industrial zones of more than sus (6) residential unit:, or those having meeting rooms, game
rooms, washrooms, laund rooms Vr other ro� a ea r- de atea pla of bl
i' Vl 1VV111J UVn
for use by the tenants, residents or the gene: -al public sl a1 havo l ectrical 1 etat r v Jllull llu v a. elm ",
er ether UL approved raceways. (Ord. 610, 5.12.1991, eff. 5.19.1994)
b. Electric wiring in metal or other UL approved raceways are required for residential
buildings in non-residential zoning districts when either (1) the occupancy of the
structure has more than six (6) residential units: or (2) the residential structure includes
common areas such as: meeting rooms, game rooms, washrooms, laundry rooms, or other
rooms designed or designated as places of assembly for use by the tenants, residents, or
the general public.
(D) Liquefied Petroleum Gas (LPG) System Requirements: These requirements shall apply to all
new liquefied petroleum gas (LPG) installations, including residential and commercial systems,
and to existing installations when LPG service is reconnected after service is interrupted. LPG
providers shall install systems following NFPA 54 & 58, including:
1. Two -stage regulator systems, or twin packing regulators underneath the tank lid, shall be
installed on all LPG installations, with twin packing preferred.
2. The first stage regulator shall be installed under the hinged gauge cover supplied with the
tank. The atmospheric pressure aperture of the regulator shall point downward. The first
stage regulator shall be plumbed to the riser of the yard piping with a flexible riser to allow
flexibility should tank shifting occur. The riser from the yard piping shall be located not
more than 12 inches from the walls of the tank.
3. The second stage regulator and riser pipe shall be installed on the gable end of the building,
in an approved location (flat roofs, bonnet roofs, etc.). The penetrating building nipple shall
be schedule 80. The outside hookup to the nipple shall also be schedule 80. This riser shall
be a flexible riser pipe and shall be securely supported/braced to the wall approximately
ten (10) inches below the regulator to prevent bending of the pipe by lateral snow/ice loads.
4. A protective cover, approved by the gas supplier and the fire district, shall be installed over
all second stage regulators/ or meters and riser piping, and securely supported to the ground
or diagonally to the building wall.
5. The riser pipes for the yard piping shall not be embedded in concrete. Concrete placed
around such riser shall be held back at least one inch (1 ") from all sides of the pipe.
6. Location of the centerline of LPG tanks shall be permanently marked using a snow stake.
Such stake shall be of sufficient height to be visible through anticipated maximum snow
depth at the respective location. Installation and maintenance of the snow stake is the
responsibility of the LPG user.
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7. Propane appliances shall not be permitted in any new installation in an attic or crawl space,
effective May 1, 2020. Installation in an attic or crawl space will be allowed if combustible
gas detection is built into a system that shuts down the supply of propane in the event of a
leak.
8. A combustible gas detector shall be installed in the lowest livable level of anv building
with an LPG appliance at the time of installation. Maintenance of the combustible gas
detector shall be the responsibility of the LPG user.
9. Propane tanks shall be kept clear of snow so that Quick access can be made to turn off the
propane in emergencies. Keeping snow clear of the tank shall be the responsibility of the
LPG user.
10. The propane company, after installation of a propane system, shall submit an LPG permit
application to the appropriate fire district. The permit application shall include an LPG
system plot plan. The LPG plot plan shall include, but not limited to, the tank location, tank
capacity in U.S. gallons, route of yard piping, location of the riser pip_ e at the building,
property boundaries, an outline of all existing/proposed building on the lot and a depiction
of the ridgeline of any building to be supplied with LPG. If service is interrupted and a new
tank is being set, the LPG system plot plan shall be submitted to the local fire district, along
with an LPG permit application.
(E) Materials For Roof Covering:
1. Class B or higher fire -retardant roofing is required for:
a. the entire roof covering of every new structure or addition;
b. any roof covering applied in the alteration, repair, or replacement of the roof of an
existing structure; and
c. the entire roof covering of an existing structure where more than fifty percent (50%) of
the total roof area is replaced within any one-year period.
d. An exception is where wood shakes/shingles are used, a Class A roofing assembly is
required.
2. Roof and attic vents shall be located and designed to resist the intrusion of flame and embers
into the attic.
(F) Maintenance During Construction: A written construction plan shall be prepared and submitted
for approval by the city for all construction projects within the city or the area of city impact.
A more detailed plan may be required for larger projects as specified by the action of the
commission. A developer and all contractors working at the site shall take care to maintain the
construction site and access roads in a manner protective of the public and surrounding property_
owners or residents. The plan shall address the following elements:
1. Traffic Control Signing: The plan shall describe the traffic control signing required, if
any.
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2. Construction Sign: A four by four foot (4 x 4') sign shall be constructed at the main
entrance or on the major frontage street of the development advising the public of the name
of the development, the name and phone number of both the general contractor and
developer, and a twenty four (24) hour emergency number. See Chapter 9, SIGNS of this
Title.
3. Notification of Damage To Infrastructure: Within twenty four (24) hours of notification by
the city, repair and protect damaged service lines to prevent inflow, sedimentation, or other
damage to the city's infrastructure. Service shall not be left in a damaged condition until
service is restored to the property under construction.
4. Repair of Streets: Within forty-eight (48) hours of notification by the city, , potholes in
asphalt or gravel streets shall be filled and compacted with like material.
5. Final Repairs and Cleaning: Within seventy-two (72) hours of notification by the city:
a. Cuts in asphalt shall be permanently patched and rolled. Temporary patches may be
approved if requested in writing with a permanent patch date given.
b. Paved areas shall be cleaned to remove dirt, mud, gravel, concrete and all other debris.
c. Sediment and debris shall be removed from any temporary B.M.P., catch basin, valley
drain, gutter, or sand and grease trap to prevent further flow into any receiving stream.
6. Erosion and Sedimentation Control Plan: As determined to be needed by the Building
Official, submit an erosion and sedimentation control plan to the city for review two (2)
weeks prior to the beginning of construction. The plan shall have addressed periodic
maintenance and response to precipitation events. If precipitation events create a situation
requiring mud or snow removal, the city shall review the project site to define appropriate_
measures and timelines for maintenance activities.
7. Hours of Operation: Building construction or site work shall be limited to the hours of six
o'clock (6:00) A.M. to ten o'clock (10:00) P.M. If construction is within one thousand feet
(1,000') of a residential area, equipment operation shall be limited to the hours of seven
thirty o'clock (7:30) A.M. to ten o'clock (10:00) P.M., and auxiliary construction lighting
shall be limited to one hour before sunrise and one hour after sunset, unless otherwise
approved by the administrator. On Sunday, the hours of operation are limited to nine
o'clock (9:00) A.M. to six o'clock (6:00) P.M. Hours of operation may be extended with
the approval of the city depending on natural events or other concerns which may require
continuous operation.
8. Use of the Public -right -of ways:
a. Public Works Permit Required: Pursuant to section 8-2-9 of the MCC, all use of the
public right of way shall require a Public Works permit.
b. Parking: Construction vehicle parking may be restricted at construction sites so as to
not block reasonable public and safety vehicle access along the street and sidewalks.
c. Storage On Public Streets: No equipment or materials shall be left, parked or stored in
public rights of way without traffic control devices in place, including signage and
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flashing lights, in accordance with the manual on uniform traffic control devices, as
amended. Equipment or materials which may impede traffic flow on a public right of
way shall be removed or relocated within four (4) hours.
d. From November 1 through April 30, no vehicles shall park within the public right of
way, except in designated on -street parking areas.
9. Deliveries:
a. Deliveries of construction materials and supplies, including concrete, may be regulated
as to time (hours of operation, but not to exceed the hours of subsection 7. of this
section), and routing.
b. Deliveries shall not obstruct public streets or unreasonably interfere with the flow of
traffic.
10. Public Protection:
a. The public shall be protected from construction hazards within and adjacent to the
public right of way.
b. Orange safety fencing or other fencing materials shall be installed and maintained to
prevent inappropriate pedestrian traffic from access to adjacent construction activity
and to prevent damage to adiacent vegetation.
11. Access:
a. Access to private property shall be maintained. In the event that access must be cut off,
notification shall be given to affected property owners forty-eight (48) hours in advance
explaining the construction and the time access will be restored. Access shall be
restored no later than four thirty o'clock (4:30) P.M. each night and shall remain open
until eight thirty o'clock (8:30) A.M. each morning.
b. For dead end streets, one (1) lane of access shall be continuously provided for
emergency vehicles.
12. Grading and Excavation: Because of the truck hauling involved in grading and excavation,
restrictions on trucking routes as well as the hours of operation may be necessary to
mitigate the adverse impacts from such operations.
13. Control of Dust And Mud: Sediment control structures, basins, silt fences, catch basin
filters and other items contained in EPA pollution prevention plans or in any sediment
control plan shall be maintained at all times. A program for the control of dust or other
airborne debris shall be required. Provisions must be made to prevent the tracking of mud
onto streets, and it will be required to remove any such mud daily. Placing gravel on egress
and ingress areas of sites is a method to control mud and dust problems.
14. Stockpiling and Staging: In order to reduce the number of delivery trips to construction
sites, the stockpiling of materials is required, with consideration of the space available on
the property for stockpiling.
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15. Sanitary Facility : Approved and regularly serviced temporary sanitary facility(ies)
adequate for the number of workers shall be in place for use by contractor personnel. The
location shall be appropriate to the site and not on the public right of way.
16. Trash Management: Construction sites shall provide adequate storage and a program for
regular trash removal. Construction bins are encouraged on sites with adequate room for
separation of materials. Burning of scrap wood or other materials or burying construction
debris on site is not permitted, except in an approved container and with a current burning
permit, if required.
17. Temporary Lighting: An approved lighting plan must be obtained from the administrator
if any exterior, temporary lighting is necessary for construction.
18. Dogs: Dogs are prohibited at active construction sites unless under the Owner's voice or
leash control at all times.
19. Area Restoration: In the event that the developer, builder or their contractors fail to protect
and clean streets or public ways, including adiacent private property as is necessary to
provide safe, unimpeded access to the public, the city may directly provide equipment,
staff, or hire an outside contractor to restore the area. The direct cost for all associated
work, along with the costs for staff time, consultants, contractors and attorney fees, if any,
,
shall be paid for by the developer.
20. Protection and Restoration: Obtain all required permits and provide protection to all
intermittent watercourses or streams and wetlands and return any disturbed areas to their
original state.
2.1.E-39 090: PERMIT FEES:
A schedule of permit fees, including plan review fees, shall be set from time to time by resolution
of the city council. The bBuilding inspector Official may require that a plan review fee be paid at
the time of submitting plans and specifications for review. Where plans are incomplete or changed
so as to require additional plan review, an additional plan review fee shall be charged, according
to the schedule of permit fees. (Ord. 773, 12.12.2002, eff. 1.1.2003)
Page 13 of 24
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SECTION 2: That Title 2 Chapter 2 of the McCall City Code is hereby AMENDED as follows:
Chapter 2
RELATED DUTIES OF THE BUILDING INSPECTOR OFFICIAL AND
COORDINATION WITH OTHER PERMITS
2.2.010: CITY STREETS, STATE HICHWAYS:ACTIONS AND
PERMITS REQUIRED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
2,2,030 2.2.020: REGULATIONS RESPECTING DRAINAGE, FLOOD CONTROL,
UTILITIES AND STREET IMPROVEMENTS:
2,2,040 2.2.030: ZONING AND SITE DEVELOPMENT:
20 2.2.040: E:PLANNING REPORT:
2.2.070. CONTENTS OF. A REPORT:
2.2.010: A PPDO A CHES TO CITY STR is TS, STATE HICHW A S: ACTIONS AND
PERMITS REOUIRED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
(A) Prior to the issuance of a building permit, the Building Inspector Official 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 and any other Public Works permit,
if required. (Ord. 610, 5.12.1991, eff. 5.19.1994)
(A) (B) Prior to issuance of a building permit, the Building Inspector Official shall require
evidence of approval by other government agencies and utilities for installation of: 1) electric
service, 2) water system (City, Central District Health or Department of Water Resources), 3)
sewer system (Central District Health or Payette Lakes Water and Sewer District), 1) plumbing
system (State plumbing inspector), 5) mechanical h ating system (State plumbing or electrical
inspector), and 6 4) approach to State highway or County road or City street, if applicable.
(4) (C) No building permit shall be issued under this Chapter unless issued simultaneously with
the issuance of sewer and water connection permits and payment of trunk sewer and treatment
plant connection charges and water connection charges, if any, for the same premises.
(C-)-Sewer-serviee-anel-water-eerineetiontennits-shali-expife-simultaneously with the expiration of
building permits.
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payment-ef-stieli-eharges-shall bar any refunds being made hereunder.
(E D) It shall be unlawful for any person to connect or energize any electrical installation or any
other utility service to any building or structure coming under the provisions of this Title unless
the necessary permit covering such installation has been issued. (Ord. 6/0, 5.12.1991, eff.
5.19.199/)
(E) Prior to the issuance of a building permit, no tree removal, clearing, grubbing, excavation, or
other construction (including removal of any existing structures or improvements) shall be
permitted beyond what is permitted in MCC 3.8.03.
2.2.030 2.2.020: REGULATIONS RESPECTING DRAINAGE, FLOOD CONTROL„
UTILITIES AND STREET IMPROVEMENTS:
(A) The City Engineer shall rcvicw all applications for permits to determine whether the
development is reasonably designed to avoid flooding other properties. If the development will
potentially contribute to flooding, the proposed construction must:
(1)_Be designed (or modified) to prevent flooding of ether properties; and
(2). Use construction methods and practices that will minimize flood damage to other
properties.
(B) The City Engineer shall rwicw 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 a;, sewer, gas, electrical and water systems are located,
qevated and/or constructed to minimize or eliminate flood damage.
3. Appropriate natural, storm,and meltwater drainage and tr tment facilities will be provided,
to include provisions for natural, storm and meltwater drainage and treatment within street
rights of way and other drainages an, abutting, and through the rerty, : s+ t th
best management practices under state and federal storm and meltwater regulatory programs
to which the city is auk;cct, and consistent with other city programs in these regards, all as
established to the satisfaction of the city engineer. Off site improvements necessary for
interconnection niay be required of the developer as a condition upon issuance of building
permits an development shall be postponed until ;each impro 3ments arc provided by
others. Nothing in this Title shall ever be construed to require the city to expend public funds
not budgeted and appropriated for the purpose. With the approval of the city manager, the
city engineer may ovai e immediate eerstruction in connect' •th t b th it
irrevocable commitment to participate in a local improvement district or other assurance of
Page 15 of 24
Ord. 988 Title 2 Building Code Update
April 23, 2020
future-cen t-ion, h th t ibution of the subject property to the problem being
addressed is neither individually nor cumulatively morc than minor.
(C) New or replacement wator supply systems andior c nitary s st ms shall be designed
to minimize or eliminate i on of floodwate-the system c d' h �f h crr�--en-n�-m-Jen-ar ern,
systems into the floodwaters. On site waste disposal s-y&ems must be located so as to avoid
impairm nt to them or contamination from them during flooding.
(D) The provisions o-f this sectio o ,,drlit' t .a t ' l' of t>1 fl e 1 1 f
Title 34 of this code. (Ord. 712, 6.26.19972)
(A) All development shall comply with all design and development requirements for drainage,
flood control, utility installation, and street improvements set forth in this Title and in the
provisions established in Title 8 PUBLIC WAYS AND PROPERTY and Title 9
SUBDIVISION AND DESIGN STANDARDS. The Building Official may require review bv_
the City Engineer when deemed necessary to ensure compliance with these regulations.
(B) A Certificate of Occupancy shall not be issued until the project has satisfied the requirements
for building codes, McCall City Code or Valley County Code, and stormwater drainage to the
administrator's satisfaction.
22,0402.2.030: ZONING AND SITE DEVELOPMENT:
(A) Compliance with Regulations: No building permit shall be issued or authorized unless the
work or project is in compliance with zoning and subdivision ordinances of the city as
determined by the review and approval process contained in MCC Title 3 or Title 9.
(B) Planning Report: A planning report shall be preparod as provided in section 2.2.070 of this
chapter.
(C jSurveys and Site Plans:
1. If deemed necessary by the Building Official, Every applicant —fat a building permit
application shall submit with the application an amoral a stamped survey of the property
showing the existing conditions and proposed improvement(s)., prepared in a workmanlike,
manner and stamped by a surveyor.
2. The surveyor shall certify that the corners of the property have been recovered and marked
so as to permit their ready view by the bBuilding inspector Official. Such marking shall be
maintained in good order by the owner until final completion of the building envelope.
3. The bBuilding inspector Official may waive the requirement that the site plan be prepared
by a surveyor when in the Building inspector Official's discretion, the bBuilding inspector
Official determines there is no possibility of encroachment into a setback.
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4. The bBuilding inspector Official 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.
5. When in the Building inspector Official's judgment, it is desirable, the bBuilding inspector
Official 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.
2-6 On request of -the surveyor, The administrator as identified under MCC Title 3 of —this
code shall advise the surveyor or building designer 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 Guch a case the administrator shall alse-furnish a copy of the site
plan from the plans to the surveyor. If the building on the land is with respect to exterior
Elimen-sienso—er-ientation on the--let—maTeri� ll not the bu l.ding_ the—pl {€ems
examples: 65 feet long rather than 60 feet long, or long axis built E. W rather than N. S'),
the surveyor hall so advise the administrator it order that the administrator may revise the
determination of applicable setbacks. (Ord. 610, 5.12.1991, eff. 5.19.1994)
3-7. If a survey is required, digital data shall be provided according to the digital data submittal
standards policy. (Ord. 8-99, 5.21.2012)
(D) Definition: In this section "building envelope" means the footings, foundations, exterior walls,
roof and any other part of the building, Jf: as, but not limited to, eaves and decks, projecting
beyond any of the foregoing. (Ord. 610, 5.12.1991, eff. 5.19.19944
2.2.050 2.2.040: PURPOSE: PLANNING REPORT
TheYuiYv.ie vi cxi `� f th; „a the eding thr e (3) ctio f th' h
a aim.
(A) Purpose: To ensure the effective administration and enforcement of MCC Title 4 3 of -this
e 4e, a planning report is required prior to the issuance of a building permit. No building
permit shall be issued until the project is shown to comply with the provisions of MCC Title
3 PLANNING AND ZONING. (Ord. 6/10, 5.12.1991, eff. 5.19.1991)
2.2.060:
(B) Responsibility: The responsibility for the preparation of a planning report shall be assigned to
completed by the administrator's designated by the city manager for the administration of
Title ii of this code. designee. The applicant is responsible for furnishing all necessary
information to the administrator. (Ord. 610, 5.12.1991, eff. 5.19.1991)
2.2.070:
(C) Contents of a Planning Report: A planning report shall address the following items:
(A) 1 Current zoning of the land;
(B) 2. The proposed use of the land;
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Ord. 988 Title 2 Building Code Update
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(C) The comprehensive plan designation of the land; (D) All
3. _Development standards addressed in the applicable zone, including density, setbacks,
parking requirements, driveway access and landscaping;
(-E4 All
4. Supplementary regulations and general development standards set forth elsewhere in MCC
Title 3 3 of this code; and
mention) (Ord. 640, s 1 i 994, ff. 5.19.1991)
5. Any other development standards relevant to the application as determined necessary by the
administrator.
2.2.080:
(D) Procedures:
A)-Thc 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 &hall transmit to the
requisite to complete the planning report.
(C) The administrator shall netify any or all of the relevant agencies which may require the
applicant to obtain other permits for the project or which Jubject the ect to ther
the Idaho department of trunsportaticn, the Yalle , C� „t<, e g; th Valle r Co t. sh 'ff �+j aiia L, ai�iuvez, mew ,
the €entry d;striet health d paft.v nt . nd others. If the project is in whole or part within the
eity the ad.,, strate shall et• f tL 1 h f 1,
„ �..�.�....�L.,.L.,. Ja1lA 1 11VL11, L.�„ Y���,..�..n.,��kf, publi:.-w:,rks director and any
other office, which is impacted by the proposal.
(D) If the planning r
code, the aelf strati shall, in ar' ,
the report shall he placed in the building permit file.
(E) If the pkin in
the administrator 01a11"^adviset.h``FPln^racrtrc-b ildirg-yff
czul in :Writ;,,••, shall -counsel
the applicant to amend the plans to „mply ..�ith Titl f th a a th t th
�11 � . 1LL1 1 fLSV � OJ. TTLlS
apr ic; nt fail , or raftises to-confor -the plans te-T t1•e- s-eeel , h^ lla the applicant
that mianco ar conditional usV
or may not be applicable and should be reviewed by the applicant.
Ne build; it bo ed t•1 omplianc„ ..,ith the pro f th L pte� e
�,. L . v �'i�ioirs yr aiis errs
beer certi fed 1,y the administrator and a fava able planning repent entered in the building
Page 18 of 24
Ord. 988 Title 2 Building Code Update
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administrative res judicata, and :,hall bar any assertion by the city that acts f the
engaged in the project under the building permit, which acts are expressly called out in the
approved plans, violate provisions of Title 3 of this code in effect on the date of such
or other illegal influence. (Ord. 610, 5.12.1991, eff. 5.19.1994)
1. The process and procedures for undertaking a planning report shall include standardized
application forms and instructions.
2. The process shall include notification to agencies with iurisdiction over the project.
3. Notification will be provided to the applicant and Building Official if the planning report
determines that the project is not in compliance with any provision of MCC Title 3
PLANNING AND ZONING.
4. No building permit shall be issued until the Administrator has certified that the project is
in compliance with MCC Title 3 PLANNING AND ZONING, including satisfying all land
use conditions of approval and development agreement obligations.
Page 19 of 24
Ord. 988 Title 2 Building Code Update
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SECTION 3: That Title 2 Chapter 2 of the McCall City Code is hereby AMENDED as follows:
Chapter 3
ADMINISTRATION
2.3.010: ADMINISTRATION:
2.3.020: INSPECTIONS:
2.3.030: EXPIRATION, SUSPENSION AND REVOCATION OF PERMITS:
2.3.040: LIMITATION OF RESPONSIBILITY:
2.3.050: BUILDING BOARD OF EXAMINERS AND APPEALS:
z 06n. HEAnINC S:
2.3.070: CONFLICT OF INTEREST:
2.3.080. FINDING S:
2.3.090: APPEALS:
2.3.4-00060: INJUNCTION, AFFIDAVIT SETTING OUT NONCONFORMITY:
2.3.440070: VIOLATIONS; MISDEMEANORS:
2.3.420080: CIVIL ACTION:
2.3.010: ADMINISTRATION:
The City of McCall shall establish a Building Department and appoint a Building inspector
Official and such other persons as are necessary to administer and implement the application and
inspection functions required by this Title. The Building Inspector Department shall collect
building permit fees and issue permits upon approval of the application therefor. for the McCall
Area. (Ord. 610, 5.12.91, off. 5.19.94)
2.3.020: INSPECTIONS:
(A) It shall be the duty of the Building Inspector Official to inspect the construction of all buildings
and structures covered by this Title for compliance with this Title.
(B) It shall be the duty of a permit holder to notify the Building inspector Official at least twenty-
four (24) hours prior to the time of inspection, exclusive of Sundays and holidays, that the
project will be ready for inspection at a stipulated time. The permit holder will request an the
Building inspector Official to perform the inspection within forty-eight (48) hours of the
stipulated time for the inspection and shall, if forty-eight (48) hours then pass without an
inspection being made be allowed to proceed with work as if the inspection had been made
and the work found to be satisfactory.
(C) The Building inspector Official may in writing waive any inspection of the work of a permit
holder. Inspections need not be made 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. (Ord. 610, 5.12.94, eff. 5.19.94-)
2.3.030: EXPIRATION, SUSPENSION AND REVOCATION OF PERMITS:
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(A) Expiration: Each permit issued under this 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 eighty (180) days. Progress inspections or regular
inspections shall be scheduled at least every one hundred eighty (180) days to keep the permit
active and show that the work is continuing.
(B) Suspension: Suspended or abandoned work for which the original permit has expired, shall be
recommenced only after the issuance of a new permit therefor.
(C) Revocation: A building permit, issued by mistake, issued on the basis of incorrect information
supplied, or issued in violation of any statute, regulation, or provision of the McCall City or
Valley County Area Code, if not already void under the terms of the International Building
Code, may be suspended or revoked by written notice to the permittee. (Ord. 6'l0, 5.12.91, eff.
5.19.94)
2.3.040: LIMITATION OF RESPONSIBILITY:
Neither an approval nor a permit granted shall constitute a waiver of any violation of any statute,
ordinance or regulation. Neither the City of McCall or Valley County nor its their respective
officers or employees assume liability for structural or construction defects through the
administration or enforcement of this Title. (Ord. 610, 5.12.91, eff. 5.19.91)
2.3.050: 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 113 of the International Building Code.
1. The Building Board of Examiners and Appeals shall be composed of (3) three to (5) five
members from the design and construction professions.
2. Members of the Building Board of Examiners and Appeals shall be appointed by the City
Council.
3. The terms of the members shall be four staggered years.
(B) The duties and responsibilities of the Building Board of Examiners and Appeals shall be to
hear appeals from decisions of the Building Official.
(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
of the app-al, 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, a na in any e . e nt ..'ithin twenty--( 0)-days after -receipt
oof-a-not e-of appeal ply-in-g-wh dards-e€-SeetienWrittennetiee-ef-hearing
Page 21 of 24
Ord. 988 Title 2 Building Code Update
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shall be given to the Building Inspector and to the appellant r t less than te., (m d ys before
the hearing. Following the hearing, the Committee shall thnter written findings of fact,
as practicable, with notice, hearing and decision as provided in the previous sentence and
Section 2.3.080. (Ord. 610, 5.12.91, cff. 5.19.91)
2.3.060: HE A DINGS:
Hearings before the Committee and the Board shall b public and shall be conducted in a
not required. All proceedings shall be recorded and said recordings shall be kept and made
permanent. (Ord. 610, 5.12.91, eff. 5.19.94)
2.3.070: CONFLICT OF INTEREST:
If a member of the Board of Examiners and Appeals should find that acting on a particular hearing
bef re the,,, . „l,a r „lt ; „ f ict of interest the r ember must withdraw from participating in
the hearings. 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. (Ord. 640, 5.12.943
cff. 5.19.91)
2.3.080: FINDINGS:
Findings by the Board fExamirers ana Appeals shall be e p1i-oit and shall state the ruling -and
the reasons for ;-aid decision b„ delineating the findings --ems and-eenclusions-ef-lawgned
copies of the findings should be sent t3 all parties to the action. The Board of Examiners and
Appeals shall r ender all decisions and findings in writing to the Building Inspector and the
appellant within ten (10) days of close of hearing. (Ord. 610, 5.12.9 .-reff. 5.19.9i.
(C) Appeals of orders, decisions, or determinations made by the Building Official relative to the
application and interpretation of this Title and the International Building Code shall be
presented and determined by to the Building Board of Examiners and Appeals following these
procedures:
1. The notice of appeal shall be in writing, shall fully state the decision of the Building
Official being appealed and fully state the grounds of the appeal, and shall be signed
and verified by the appellant.
2. The notice of appeal shall be served on the City Clerk within ten (10) days after the
Building Official's order, decision or written interpretation.
3. The appeal shall be scheduled by the Clerk for hearing as soon as practicable, and in
any event within forty-five (45) days after receipt of a notice of appeal complying with
the standards of this Section.
4. Written notice of hearing shall be given to the Building Official and to the appellant
not less than fifteen (15) days before the hearing. Should the appellant desire to file
written arguments, appellant shall do so no later than five (5) days prior to the hearing.
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Ord. 988 Title 2 Building Code Update
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5. Hearings before the Board shall be public and shall be conducted in a quasi-iudicial
manner. Attorneys may represent petitioner but are not required. All proceedings
shall be recorded and said recordings shall be kept and made permanent.
(D) The decision of the Building Board of Examiners and Appeals shall be based on the
International Building Code and the McCall Area codes. Following the hearing, the Building
Board of Examiners and Appeals shall enter written findings of fact, conclusions of law, and
its decision.
1. Findings shall be explicit and shall state the ruling and the reasons for said decision
by delineating the findings of fact and conclusions of law.
2. 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
Building Official and the appellant within ten (10) days of close of hearing.
2.3.090: APPEALS:
(D) Appeals from the Board of Examiners and Appeals shall be filed within ten (10) days after
mailing of notice of decision by the Board of Examiners and Appeals. The appeal will be filed
and heard as provided by Idaho Code section 39-4120 (State Board of Appeals): Appears shall
be brought before the State Board ef-Appeals-by-person-affeeted-by-any-eadeTfuler regulation
or decision pursuant to Idaho Code sections 39.1101 through 39.1129; provided, such appeals
shall be heard only after the appellant has received a decision from the Board of Examinefs
and Appeals -as provided for in section 39.4120, Idaho Code. Final decisions by the State Board
the county wherein the person praying for the appeal is a resident, or in the County of Valley
and shall be heard de nova, 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. (Ord. 610, 5.12.91, eff. 5.19.91)
2.3.100060: 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 Building Inspector Official
that such activity does not conform to the requirements of this Title or to the rules and regulations
adopted pursuant to this Title or any 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. (Ord. 640, 5.12.91, off. 5.19.94)
2.3.410070: VIOLATIONS; MISDEMEANORS:
(A) Any person who willfully violates any provision of this Title or who willfully violates any
provision of the Codes enumerated herein, is guilty of a misdemeanor, upon conviction, shall
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Ord. 988 Title 2 Building Code Update
April 23, 2020
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.
(Ord. MO, 5.12.9/1, eff. 5.19.9d1)
2.3.420080: CIVIL ACTION:
Notwithstanding any other remedies available, any person in an individual capacity, damaged as a
result of a violation of this Title or the Codes enumerated herein or promulgated pursuant to this
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. 640, 5.12.94, eff. 5.19.94)
SECTION 4: Directing the City Clerk
The City Clerk is directed to file, this Ordinance in the official records of the City and to provide
the same to the City's codifier for inclusion and publication in the McCall City Code.
SECTION 5: Effective Date
This Ordinance shall take effect and be in force from and after its passage, approval, and
publication as required by law and at the discretion of the City Clerk and in lieu of publication of
the entire ordinance, a summary thereof in compliance with Section 50-901A, Idaho Code, may
be published with an effective date of May 1, 2020.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
VALLEY COUNTY, IDAHO, THIS 23 DAY OF APRIL 2020.
Approved:
By
Robert S. Giles, Mayor
Attest:
BY 14A A
BessieJo Wag
ity Cl
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Ord. 988 Title 2 Building Code Update
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A SUMMARY OF ORDINANCE NO. 988
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO, AMENDING
TITLE 2 CHAPTER 1 CLARIFYING APPLICABILITY THROUGHOUT THE McCALL
AREA, CLARIFYING THE APPLICABILITY AND EXEMPTIONS TO BUILDINGS AND
CONSTRUCTION, DEFINING AGRICULTURAL STRUCTURES, BUILDING OFFICIAL,
AND STRUCTURE, SIMPLIFYING ADOPTED CODES, ADDITIONS TO SNOW
REQUIREMENTS, ELECTRICAL WIRING REQUIREMENTS, AND LIQUEFIED
PETROLEUM GAS (LPG) SYSTEM REQUIREMENTS, ESTABLISHING MAINTENANCE
STANDARDS; AMENDING TITLE 2 CHAPTER 2 RELATED DUTIES OF THE BUILDING
OFFICIAL AND COORDINATION WITH OTHER PERMITS, REMOVING EXPIRATION OF
SEWER SERVICE AND WATER CONNECTION PERMITS, SETTING REGULATIONS FOR
DRAINAGE, FLOOD CONTROL, UTILITIES AND STREET IMPROVEMENTS,
ESTABLISHING WHEN A CERTIFICATE OF OCCUPANCY SHALL BE ISSUED,
ADDRESSING PERMITS ISSUED BY THE REVIEW AND APPROVAL PROCESS
CONTAINED IN McCALL CITY CODE TITLE 3, PROVIDING PURPOSE,
RESPONSIBILITY, CONTENTS AND PROCEDURES OF THE PLANNING REPORT;
AMENDING TITLE 2 CHAPTER 3 ADMINISTRATION, DESIGNATING BUILDING
OFFICIAL, ESTABLISHING PROGRESS INSPECTIONS, INCLUDING VALLEY COUNTY
LIMITATIONS OF RESPONSIBILITY, ESTABLISHING MEMBER TERMS AND DUTIES,
DIRECTING THE CITY CLERK, AND PROVIDING AN EFFECTIVE DATE.
The principal provisions of the Ordinance
• Amend Section 2.1.010, PURPOSE to replace "structures" with "construction" and expand
jurisdiction to the McCall Area including the City jurisdiction and the McCall Area of City
Impact.
• Amend Section 2.1.020, AUTHORITY to include title designations for chapter 41 of Title
39, chapter 13 of Title 50, and chapter 65 of Title 67.
• Amend Section 2.1.030, SHORT TITLE to change the name of the title to MCCALL AREA
BUILDING REGULATIONS.
• Amend Section 2.1.040, PERMITS REQUIRED to replace "act" with "Title"; and expand
jurisdiction to the McCall Area.
• Amend Section 2.1.050, APPLICABILITY AND EXEMPTIONS to expand jurisdiction to
the McCall Area; delete subsection (B) in its entirety; add subsection (A) that excepts
certain equipment used for industrial chemical and mineral extraction and processing, but
not equipment used for new boilers, pressure vessels and other equipment required to
condition the building for personnel comfort and safety; add a new subsection (B) that
excepts modular buildings constructed in the State of Idaho for installation on building
sites outside the state, and provides that modular buildings installed on building sites in the
Page 1 of 4
Ordinance 988 Summary
April 23, 2020
state of Idaho shall be approved by and bear the insignia of approval of the division as
being in compliance with the requirements set forth in chapter 43, Title 39, Idaho Code; in
subsection (C) deletes exemption for temporary facilities except modular buildings,
mobile/manufactured homes and commercial coaches; and in subsection (D) deletes the
exemption for farms and adds an exemption for agricultural structures and buildings
intended for human habitation, except modular buildings, mobile/manufactured homes and
commercial coaches.
• Amend Section 2.1.060, DEFINITIONS to add definitions for Agricultural Structure,
Building Official, Structure, and Structure Size; amend the definition for Building by
deleting the words "manufactured home"; and delete the definitions for Building Inspector,
Construction, Manufactured Home, Modular Building, Person, and Telecommunications
Facilities.
• Amend Section 2.1.070, ADOPTION OF CODES to designate codes adopted, amended
and excluded by the State of Idaho, as superseded by successive versions as they are
adopted or approved by the State of Idaho, as being applicable to the McCall Area and
effective the first of January following the effective date of the state adoption, unless
another date is specified in state statute; in subsection (A), deleting the definition for the
International Building Code; in subsection (B), adding Appendix R Tiny Homes to the
International Residential Code and deleting the definition for the International Residential
Code; in subsection (C), deleting the definition for the International Energy Conservation
Code; in subsection (D), deleting the definition for the Uniform Code for Abatement of
Dangerous Buildings; in subsection (E), deleting the definition for the International
Mechanical Code; deleting the reservation for subsection (F); deleting subsections (G),
(H), (I), (J), (K), (L) and (M) in their entirety; adding new subsections (F) National
Electrical Code, (G) Idaho Manufactured Home Installation Standards, (H) Idaho State
Plumbing Code, (I) International Fuel Gas Code, and (J) International Fire Code.
• Amend Section 2.1.080, to retitle AMENDMENTS AND ADDITIONS TO CODES and
insert additional regulations for building and construction in the McCall Area; deletes
subsection (A) Automatic Fire Extinguishing Systems in its entirety; reletters subsection
(B) Snow Load as (A) and adds language for designed roof snow load; adds a new
subsection (B) Snow Country Requirements; inserts and amends 2.1.120(C) as a new
subsection (C) Electrical Wiring Requirements; adds new subsections (D) Liquefied
Petroleum Gas (LPG) System Requirements, (E) Materials for Roof Covering, and
(F) Maintenance During Construction.
• Delete Sections 2.1.090, 2.1.100, 2.1.110 and Section 2.1.120 in their entirety.
• Redesignate Section 2.1.130, PERMIT FEES as Section 2.1.090.
• Retitle Chapter 2 as RELATED DUTIES OF THE BUILDING OFFICIAL AND
COORDINATION WITH OTHER PERMITS.
Page 2 of 4
Ordinance 988 Summary
April 23, 2020
" A m e n d S e c t i o n 2 . 2 . 0 1 0 , t o r e t i t l e A C T I O N S A N D P E R M I T S R E Q U I R E D P R I O R T O T H E
I S S U A N C E O F A B U I L D I N G P E R M I T a n d p r o v i d e s u b s e c t i o n ( A ) t h a t s u c h a c t i o n s s h a l l
b e r e q u i r e d p r i o r t o t h e i s s u a n c e o f a b u i l d i n g p e r m i t ; i n s e r t s a n d a m e n d s 2 . 2 . 0 2 0 ( A ) a s a
n e w s u b s e c t i o n ( B ) , r e m o v e s t h e r e q u i r e m e n t f o r a p p r o v a l o f C e n t r a l D i s t r i c t H e a l t h u n d e r
2 ) w a t e r s y s t e m s , d e l e t e s 4 ) p l u m b i n g s y s t e m i n i t s e n t i r e t y , d e l e t e s 5 ) m e c h a n i c a l h e a t i n g
s y s t e m i n i t s e n t i r e t y , a n d r e n u m b e r s 6 ) a n d 4 ) ; i n s e r t s a n d a m e n d s 2 . 2 . 0 2 0 ( B ) a s a n e w
s u b s e c t i o n ( C ) a n d o m i t s t h e r e q u i r e m e n t f o r p a y m e n t o f t r u n k s e w e r a n d t r e a t m e n t p l a n t
c o n n e c t i o n c h a r g e s ; i n s e r t s 2 . 2 . 0 2 0 ( E ) a s a n e w s u b s e c t i o n ( D ) ; a d d s a n e w s u b s e c t i o n ( E )
p e r t a i n i n g t o t r e e r e m o v a l , c l e a r i n g , g r u b b i n g , e x c a v a t i o n a n d o t h e r c o n s t r u c t i o n p r i o r t o
t h e i s s u a n c e o f a b u i l d i n g p e r m i t .
" D e l e t e s S e c t i o n 2 . 2 . 0 2 0 i n i t s e n t i r e t y .
" A m e n d S e c t i o n 2 . 2 . 0 3 0 t o r e n u m b e r 2 . 2 . 0 2 0 a n d r e t i t l e R E G U L A T I O N S R E S P E C T I N G
D R A I N A G E , F L O O D C O N T R O L , U T I L I T I E S A N D S T R E E T I M P R O V E M E N T S ; d e l e t e s
s u b s e c t i o n s ( A ) , ( B ) , ( C ) , a n d ( D ) i n t h e i r e n t i r e t y ; a d d s a n e w s u b s e c t i o n ( A ) t o p r o v i d e
t h a t a l l d e v e l o p m e n t s h a l l c o m p l y T i t l e 8 a n d T i t l e 9 r e q u i r e m e n t s ; a n d a d d s a n e w
s u b s e c t i o n ( B ) p e r t a i n i n g t o c e r t i f i c a t e s o f o c c u p a n c y .
" A m e n d S e c t i o n 2 . 2 . 0 4 0 t o r e n u m b e r 2 . 2 . 0 3 0 , Z O N I N G A N D S I T E D E V E L O P M E N T ; i n
s u b s e c t i o n ( A ) t o p r o v i d e f o r t h e c o m p l i a n c e o f t h e p r o j e c t w i t h T i t l e 3 o r T i t l e 9 ; d e l e t e
s u b s e c t i o n ( B ) i n i t s e n t i r e t y ; r e l e t t e r s u b s e c t i o n ( C ) a s ( B ) a n d r e t i t l e "