HomeMy Public PortalAboutOrd. 640 - Supporting DocsDate:
To:
File No:
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
August 18, 1993 .
Mayor and Council
From: Ted Burton
Re: Revised Building Code Title
Effective July 1, 1993, the Legislature in its wisdom decreed that all cities would get into
the business of issuing installation permits for mobile homes, under the guise of the
building codes.
This caused Bud to direct me to look at amending our building code Title to make
conforming changes. I discovered a number of ways in which the existing ordinance had
become inconsistent over the years with its own amendments. Also, the existing Title
incorporated language from the Idaho Code that was no longer the same as the Idaho
Code, or had not been reworded to read as it should to be local, rather than state law. It
became apparent that it would be easier to fix the Title by overhaul and rebuild, than just
to attach a new section to it. The result is attached. It has been reviewed by Bud, Bill,
Dale & Sue for content, and their many helpful suggestions included.
The ordinance summary attached to the back end of the ordinance with an adopting
resolution, makes a useful summary of its exact contents. In general, however, we have
expanded the title to include mobile homes, have eliminated provisions having the effect
of requiring permittees to obey both current codes and no-longer-adopted codes (for
example, while we currently employ 1990+ editions of codes, the existing title
commanded one also to follow the 1976 UBC), have eliminated definitions that merely
paraphrase the Idaho Code, have coordinated the Title with the planning and zoning titles,
and generally have reached for a better "fit." For example, we have for years been
administering the building codes in the impact area, but the ordinance has never been
conformed to that practice.
No change has been made in the list of adopted codes.
Cover memo to ORDINANCE NO. 640
printed August 18, 1993
REVIEWt::L> 0. "'I A'JVED
FOR CITY COUNCIL AGENDA
3
page 1
Date:
To:
File No:
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
March 14, 1994
Mayor and Council
From: Ted Burton
Re : Revised Building Code Title
Effective July 1, 1993, the Legislature in its wisdom decreed that all cities would get into
the business of issuing installation permits for mobile homes, under the guise of the
building codes .
This caused Bud to direct me to look at amending our building code Title to make
conforming changes . I discovered a number of ways in which the existing ordinance had
become inconsistent over the years with its own amendments. Also, the existing Title
incorporated language from the Idaho Code that was no longer the same as the Idaho
Code , or had not been reworded to read as it should to be local, rather than state law. It
became apparent that it would be easier to fix the Title by overhaul and rebuild, than just
to attach a new section to it. The result is attached. It has been reviewed by Bud, Bill ,
Dale & Sue for content, and their man y helpful suggestions included.
The ordinance summary attached to the back end of the ordinance with an adopting
resolution, makes a useful summary of it s exact contents. In general, however, we have
expanded the title to include mobile home s, have eliminated provisions having the effect
of requiring perrnittees to obey both current codes and no-longer-adopted codes (for
example, while we currently employ 1990+ editions of codes, the e xisting title
commanded one also to follow the 1976 UBC), have eliminated definitions that merely
paraphrase the Idaho Code , have coordinated the Title with the planning and zoning titles,
and generally have reached for a better "fit." For example, we have for years been
administering the building codes in the impact area, but the ordinance has never been
conformed to that practice.
No change has been made in the list of adopted codes . A change has been made in the
sprinkling regu irement to revert to publish codes.
This Ordinance has been drafted on the a ssumption that Ordinance 615, Sections 2 and 3.
will have been adopted prior to the adoption of this Ordinance .
The following has also been added, on page 5:
If such manufactured home does not meet a standard of a nominal design
snow load of 120 pounds or more. 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
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 .
Cover memo to ORDINANCE NO . 640
printed March 22, 1994
page I
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 DA TE .
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1. McCall City Code Title 2, Chapter 1, is amended to read as follows:
Section
2-1-.Q1.Q:
2-2-2.1::..Q2.Q:
2-1-2~
2-14-+040:
2-14050
2-1-4.QQ.Q:
2-1-a.QZ.Q:
2-1-6.Q.6..Q:
2-1-1090:
2-1 _g1 oo:
2-1-8-All.Q :
2-1-@12..Q:
Title
PURPOSE
AUTHORITY
SHORT TITLE
Chapter 1
Applicable Codes
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 Ordinance 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: DECLAIV\TION OF PURPOSE : It is the purpose of this Ordinance to
promote the public health, safety and general welfare and to provide officials with
an adequate means of monitoring development 'Nithin the City
ORDINANCE NO. 640
printed March 22, 1994
page 1of15
2-2-2.1:.Q.2.Q: 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.
2-1-2.Q.3..Q SHORT TITLE: This Ordinance Title shall be known as the McCall
Building Code~ OF 1976.
2-14-+~: PERMITS REQUIRED: It shall be unlawful for any person, firm,
cepartnership, association or corporation to do, or cause or permit to be done,
after the adoption of this Ordinance 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 Plannin& Jurisdiction of the City of McCall without first
procuring a permit authorizing such work to be done.
2-1-dQfill SCOPE; EXEMPTIONS:
(A) The provisions of this Ordinance Title shall apply to all buildings and
construction within the Planning Jurisdiction incorporated limits of the
City of McCall, Idaho, except as otherwise herein provided.
(B) Structures used primarily for industrial chemical process purposes and for
mineral extraction and mineral processing purposes shall be exemptetl
from this--Aet 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, as defined in section 39 4105 (16), Idaho Code,
shall be exempt from this--Aet Title. except for such temporarJ facilities
which are classified as a manufactured modular building.s... under the
provisions of section 39 4 12 1, Idaho Code , ftfte/er mobile/manufactured
homes. allii commercial co ac h~ under the provisions of section 39
4122, Idaho Code, or a mobile home under the provisions of chapter 40,
Title 39, Idaho Code as defi ned in section 39-4105. Idaho Code.
(D) Farms, as defined in section 39-4015 , Idaho Code, shall be exempt from
this-Aet Title except for any structure which is classified as a
manufactured modular building£. mobile/manufactured homes. under the
provisions of section 39 4121, Idaho Code, and}er--a-commercial coach~
under the provisions of section 39 4122, Idaho Code, or a mobile home
under the provisions of chapter 40, Title 39, Idaho Code as defined in
section 39-4105. Idaho Code. and except buildings intended for human
habitation.
CE) 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 install ation and set-up provisions of Chapters 21 and 22 of
Title 44 . Idaho Code.
2-1-4Qfill: 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
printed March 22, 1994
page 2of15
shall have the following meaning, unless the context clearly indicates another
meaning:
CA) BUILDING : Any combination of materials, whether portable or fixed,
'Nhich comprises a structure affording facilities or shelter for any use or
occupancy, and shall include a part or parts thereof and equipment therein
normally a part of the 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 so designated by the McCall City
Council employed by the City as who shall be deemed to be the "Building
Official" designated by the Uniform Building Code.
CC) 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 CONSTRUCTION: Any building, building component, assembly or
system manufactured: in such a manner that all concealed parts or processes of;
manufacture cannot be inspected before installation at the building site without
disassembly, damage or destruction.
COMMERCIAL COACH: A factory assembled structure equipped with the
necessary service connections and made so as to be readily movable as a unit on
its own running gear and originally designed to be used either as a dwelling unit
or other use without a permanent foundation.
CD) CONSTRUCTION: The erection, fabrication, reconstruction, demolition,
alteration, conversion, or repair of a building (other than in-kind), or the
installation of equipment therein in it normally a part of the structure.
CE) 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.
(8 FARM: An agricultural unit of five (5) acres or more.
(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.
CG) MANUFACTURED HOME : Means a structure meeting the definition of
manufactured home set out in Section 39-4105. Idaho Code.
CH) MODULARANUFAGTURED BUILDING : Any building which is of closed
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
printed March 22, 1994
page 3 of 15
(J) PERSON: A natural person, corporation, partnership, trust, society, club,
association or other organization.
CJ) 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.
CK) 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-§QZQ: ADOPTION OF CODES: The following codes, except as hereffi
amended by section 2-1-080, are hereby adopted for 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 Desi gn
Chapter 32, Reroofing
Chapter 49, Patio Covers
(B) The Uniform Code for Abatement of Dangerous Buildings , 1991 edition,
;ublished by the International Conference of Building Officials .
(C) The Uniform Mechanical Code, 1991 edition, published by the
International Conference of Building Officials and the Internation al
Association of Plumbing and Mechanical Offici als. (Ord. 542, 2-9-89;
and. Ord. 605 , 4-23-9 2)
(D) (Rep. by Ord. 605, 4 23 92)
(BD) The Uniform Fire Code, 1991 edition, and Appendices II C, II F, I A, I B,
IC, VA, VI A, and VI D, published by the Western Fire Chiefs
Association and the International Conference of Building Officials.:.
CE) ,and-tihe 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 In stallations
NFP A 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
ORDINANCE NO. 640
printed March 22, 1994
at Utility Gas Plants
page4of15
(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)
2-1-6,Qfil!: AMENDMENTS TO UNIFORM COPES AND PROVISION FOB
MANUFACTURED HOME SNOW LOAPS
(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 one hundred twenty (120) pounds per square foot
and the Building Inspector may require structures to be designed
for heavier loadings in certain locations-Bf 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 seg . 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
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 .
(8) 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.
as follo·wrs:
1. When the construction cost of said plans and specifications
is from $1.00 to $25,000.00, the fee shall be $25 .00.
2. ',Vhen the construction cost of said plans and specifications
is from $25,001.00 to $125,000.00, the fee shall be $50.00.
3. When the construction cost of said plans and specifications
is $125 ,001.00 or greater, the fee shall be $100.00.
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
printed March 22 , 1994
page 5of15
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. New construction, or remodeling
described in subsection 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, according to the square footage threshold requirements for
such occupancies in the Uniform Fire Code as modified in subsection 2
belo•t11., in the case of:
1. New construction; and
2. Remodeling ~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.
2. The Uniform Fire Code threshold square footages are modified as
follows:
(a) Section 10 .507(c) 1, changed from 5,000 square feet to
3,000 square feet;
(b) Section 10.507(c) 3, changed from 12,000 square feet to
6,000 square feet ; and
(c) Section 10 .507(d), changed from 12,000 square feet to
6,000 square feet , and from 24,000 square feet to 12,000
square feet; and Section 10.507(d) modified in pertinent
part as follows:
occupancies three stories or more (Ord. 605, 4 23
~
[from 2-l-16](GE) 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
insta ll tio n 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
printed March 22, 1994
page 6 of 15
2-1-.+Q.9.Q.: PROV I DING FOR CERTIFIED COPIES: Not less than three; -(3j
copies of each of the codes enumerated in Section 2-1-.§Q1.Q hereof, Eittty-certified
by the City Clerk, are~ on file for use and examination by the public in the
office of the City Clerk of McCall, Idaho. (Ord. 349, 4-5-76)
2-1-81.QQ: FIRE ZONES: For the application of rules and regulations included
in s-ai6-~codes identified in section 2-1-050, those areas of the Planning
Jurisdiction of the City of McCall_now or hereafter zoned as Commercial~'
Zefle, 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 s-ai6-~Uniform Building Code. (Ord.
399, 5-5-80)
2-1-8-A.1.1.Q.: OCCUPANCY EXCEPTION&. 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, adopted hereafter adopted
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)
2-1-8-812..Q: ADDITIONAL ELECTRICAL WIRING REQUIREMENTS : The following
additional electrical wiring requirements shall apply within the corporate limits
Planning Jurisdiction of the City :
(A) All electrical wiring in new buildings which classify as commercial or
building of public as sembly in Zone "C" Commercial District and Zone
~.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
limits of the City, 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 in stalled by any method.
(D) Other new buildings constructed in Commercial. General Commercial,
Central Busines s 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
printed March 22, 1994
page 7of15
Section Title
Chapter 2
Related Duties of Building Inspector
and Coordination with Other Permits
2--t_2-9Q1Q : APPROACHES TO CITY STREETS , STATE HIGHWAYS
2-+-+G 2-020 : PERMITS FROM OTHER AGENCIES ; UNLAWFUL TO
ENERGIZE USE CONNECTION WITHOUT PERMIT
2 1 14A: SEWER AND WATER CONNECTION PERMITS AND
2-2-a~:
.2:+42-040 :
2-2-4:Qfill.
2-2-9-Qfill .
2-2-6-070
2-2-+-Q.a.Q
PAYMENT OF TRUNK SEWER AND TREATMENT PLANT
CONNECTION CHARGE REOUIREO :
REGULATIONS RESPECTING DRAINAGE
ZONING AND SITE DEVELOPMENT :
PURPOSE.
RESPONSIBILITY .
CONTENTS OF A REPORT .
PROCEDURES .
2--t_2-9Q1.Q : APPROACHES TO CITY STREETS , STATE HIGHWAYS: The:
Building In s pector sh all require the installation of a driveway approach to the City
streets . County road s , or State hi g hway that provides continuity of drainage along
the right of way and that wh ere applicable avoids damage to paving, as required
b y the Public Works Director. (Ord . 542, 2 -9 -89)
2-+-+G2-020 : PERMITS FROM OTHER AGENCIES:
(Al_ Prior to issuance of a building permit the Building Inspector shall require
eviden ce of approval by other government agencies and utilities te-for
installation of (a) electric service, (b) water system (City. or Central
Di stri ct Health and Department of Water Resources). (c) sewer system
(City. C entral District Health. or Payette Lakes Water & Sewer District),
(d) p l umbing system (St a te plumbing inspector), (e) mechanical heating
system CState plumbing or electrical inspector), .ill_approach to State
highw ay or County Road or City street , if applicable.
2 1 14A: SEWER AND W A TER CONNECTION PERMITS AND
PAYMENT O F 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 service and water connection
permits and payment of trunk sewer and treatment plant connection
charges and water connection char~es. if any. for the same premises.
(BQ Sewer service and water connection permits shall expire simultaneously
with the expiration of building permits.
(GD) No refund of trunk sewer and treatment plant connection charges or water
connection charges shall be made after expiration of sewer service and
water connec tion permits. Commencement of construction by the
permittee or t he performance of any service by the City as a result of the
payment o f such charges shall bar any refunds being made hereunder.(Ord.
515, 6 -87)
2 1 13CE) It shall be unlawful for any person, firm or corporation to connect
or energize any electric al installation or any other utility service to any
ORDINANCE NO. 640
printed March 22, 1994
page 8of15
building or structure coming under the provisions of this Ordinance ...Iitk
unless the necessary permit covering such installation has been issued.
(Ord. 349, 4-5-76)
2-2-dQ.3.Q: REGULATIONS RESPECTING DRAINAGE:
(A) No proposed construction or substantial imprO't·ements shall commence
until a building permit is first obtained from the City Clerk.
(B) The-ti-ty Building Inspector shall review all applications for permits to
determine whether the site is reasonably safe from flooding development
is reasonably designed to avoid flooding other properties. If the area-is
potentially flood prone -development will potentially contribute to
flooding, the proposed construction must:
1. Be designed (or modified) and anchored to prevent floatation
collapse, or lateral movement flooding of other properties: and
2 . Use construction materials and utility equipment that are resistant
to flood damage;J!.!ld
3. Use construction methods and practices that will minimize flood
damage to other properties.
IB.lfG) 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~.:.
.(Qfl}) 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.
a-t-42 : ZONING AND SITE DEVELOPMENT: No building permit shall be
issued or authorized unless the work or project is in compliance ·.vith zoning
and/or site de·1elopment ordinances of the City , provided such zoning and/er site
de;'elopment is not in conflict with the Codes herein enumerated.
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 comers of the
property have been recovered and marked so as to permit their
ORDINANCE NO. 640
printed March 22, 1994
page 9of15
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 discreti on 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 requiremen ts 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 bu il ding 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:.Q.5.Q. PURPOSE. The purpose of this and the succeeding three sections is
to ensure the effective administration and enforcement of Title III.
2-2-&Qfill. 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-S-QZQ 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) All supplementary regulations and general development standards set forth
e lsewhere in Title III ; and
(F) Certifications from all relevant agencies that they have found no matters
that require further attention.
ORDINANCE NO. 640
printed March 22, 1994
page 10 of 15
2-2-1-Q.8.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 Planning Jurisdiction, 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 Ill, the Administrator shall, in wri ti ng, advise the Building
Official of that fact , and a copy of the report sh al l 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 Ill, 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 Titl e 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
printed March 22, 1994
page 11of15
Section
2-+4§3-QlQ:
2-+463-020:
2-+--1-43-030:
2-+4-73-040:
2--t--t-83-050:
2-+493-060:
2-+-2G3-070:
2-+-2-+3-080:
2-1~3-090:
2--1-23 .:.1..Q.Q :
2-+-243-11 o:
2-~3-120
Title
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-+4§3-.Q.1.Q: ADMINISTRATION : The City of McCall shall establish a
Building Department and appoint a Building Inspector and such other persons_fil
~ necessary to administrate and implement the application and inspection
functions required by this Uniform Building Code Title. The Building Inspector
shall collect building permit fees and issue Stieh permits upon approval of the
application therefor.
2-+463-020: INSPECTIONS
(A) It shall be the duty of the Building Inspector to inspect the construction of
all buildings and structures covered by this Ordinance Title for compliance
with this Title the Uniform Building Code of 1976;
(B) It shall be the duty of a permit holder to notify the Building Inspector at
least twelve (12) 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 four (24)~ hours of the stipulated time for
the inspection and shall, after-jf_-saie twenty four (24).A8 hours then pass
without-being an inspection being made inspected, 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 ·.vriting. Inspections--5ft.al.l. 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--1-443-030: 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
printed March 22, 1994
pag e 12 of 15
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
of this Code the McCall City Code, if not already void under the terms of the
Uniform Buildin~ Code. may be suspended or revoked by written notice to the
permittee. (Ord. 441, 11-2-81, am. Ord. 640, 8-26-93)
2-+4.+3-040: LIMITATION OF RESPONSIBILITY: Neither an approval nor a
permit granted shall constitute permission or authority to be interpreted as a
waiver, fer-of any violation of any Statute, ordinance or regulation. Neither the
City of McCall nor its officers or employees--5ftall assume liability for structural or
construction defects through the administration or enforcement
of this Ordinance Title. (Ord. 349, 4-5-76, am. Ord. 640, 8-26-93)
2--t-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.
CB) 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 City Council; the procedure for appeals set out in
the Uniform Building Code shall be applicable to both 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--+493-060: HEARINGS: Hearings before th~is Committee and the
Board of Appeals shall be public and shall be conducted in a quasi-judicial
manner operating within the same time limits imposed upon the State Board by
sections 39 4107 (3) and 39 4120 of the Idaho Code 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--t-aQ3-070: 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 participatin~ 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
printed March 22, 1994
page 13of15
2-4--2-+l:Q.8.Q: 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
enforcement official and agency Buildin~ Inspector and; the appellant and the
State Director of Labor and Industrial Services within ten ( 10) days of close of
hearing.
2-+-22~: 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-lecal Board of Examiners and Appeals Board. 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 sai6
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-lecal 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--t-23.:.1..Q.Q: INJUNCTION, AFFIDAVIT SETIING 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-aet...Ii.tk. or to the rules and
regulations adopted pursuant to this-aet Title or any ether 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--t--243-11 0: VIOLATIONS MISDEMEANORS:
(A) Any person who willfully violates any provision of this Ordinance 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-+-2.§3-120 CIVIL ACTION. Notwithstanding any other remedies available, any
person in an individual capacity, damaged as a result of a violation of this-A€t
T itle o the Codes enumerated herein or promulgated pursuant to this -Aet Title,
has cause of action in any court of competent jurisdiction against the person
who committed the violation, and if such damaged person prevails,-fte-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
printed March 22, 1994
page 14 of 15
CHAPTER 2
BUILDING PERMIT SYSTEM
(Le g islativ e background: Ord. 343, 8-19-75; Ord . 349 , 4 -5-76; Ord. 399, 5-5-80; Ord .
40 3, 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 .
Pa ss ed and approved , 1994.
ATTEST:
Arthur J. Schmidt,
City Clerk
ORDINANCE NO. 640
printed March 22, 1994
Dean Martens
Ma yor
page 15 of 15
. .
RESOLUTION NO. _J.d--94
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 un derstand,
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 ____ , 1994.
ATTEST:
Arthur J. Schmidt,
City Clerk
Dean Martens
Mayor
resolution approving summary of ORDINANCE NO. 640
printed March 22, 1994
page 1 of l
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 DA TE .
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 :
2-1-010:
2-1-020:
Chapter 1
Applicable Codes
States the purpose of this Title.
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 o therwise 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
printed March 22, 1994
page 1of6
..
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, VA, 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 lo nger 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."
summary of ORDINANCE NO. 640
printed March 22, 1994
page 2 of 6
(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 fee s, 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.
2-1-1 00: 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
printed March 22, 1994
page 3 of 6
' .
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 .
PERMITS FROM OTHER AGENCIES: 2-2-020:
(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 leaking. On -site disposal systems to be located so as to avoid
impairment during flooding.
(D) 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
printed March 22, 1994
page 4 of 6
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
printed March 22, 1994
page 5 of 6
.., .
. .
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.
2-3-1 00: 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.
2-3-11 O: 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.
summary of ORDINANCE NO. 640
printed March 22, 1994
City Attorney and Prosecutor
page 6 of 6
Date:
To:
File No:
OFFICE OF THE CITY ATIORNEY
MEMORANDUM
March 25, 1994
Mayor and Council
From: Ted Burton
Re: Slightly Further Revised Building Code Title
Effective July 1, 1993, the Legislature in its wisdom decreed that all cities would get into
the business of issuing installation permits for mobile homes, under the guise of the
building codes .
This caused Bud to direct me to look at amending our building code Title to make
conforming changes. I discovered a number of ways in which the existing ordinance had
become inconsistent over the years with its own amendments. Also, the existing Title
incorporated language from the Idaho Code that was no longer the same as the Idaho
Code, or had not been reworded to read as it should to be local, rather than state law. It
became apparent that it would be easier to fix the Title by overhaul and rebuild, than just
to attach a new section to it. The result is attached. It has been reviewed by Bud, Bill,
Dale & Sue for content, and their many helpful suggestions included.
The ordinance summary attached to the back end of the ordinance with an adopting
resolution, makes a useful summary of its exact contents. In general, however, we have
expanded the title to include mobile homes, have eliminated provisions having the effect
of requiring permittees to obey both current codes and no-longer-adopted codes (for
example, while we currently employ 1990+ editions of codes, the existing title
commanded one also to follow the 1976 UBC), have eliminated definitions that merely
paraphrase the Idaho Code, have coordinated the Title with the planning and zoning titles,
and generally have reached for a better "fit." For example, we have for years been
administering the building codes in the impact area, but the ordinance has never been
conformed to that practice.
No change has been made in the list of adopted codes. A change has been made in the
sprinkling requirement to revert to publish codes .
This Ordinance has been drafted on the assumption that Ordinance 615. Sections 2 and 3.
will have been adopted prior to the adoption of this Ordinance.
The following has also been added, on page 5:
If such manufactured home does not meet a standard of a nominal design
snow load of 120 pounds or more. 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
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.
Since your meeting of March 24, I made five minor, necessary changes to correct three
typos, grammatical problems, and one erroneous reference to Planning Jurisdiction where
the City per se was intended.
Cover memo to ORDINANCE NO. 640
printed March 25, 1994
page 1
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 TIIROUGHOUT 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 TIER WITIIIN TITLE II; AND PROVIDING AN
EFFECTIVE DA TE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, AS FOLLOWS:
Section 1. McCall City Code Title 2, Chapter 1, is amended to read as follows:
Section
2-1-Q1Q:
2-2-21-020:
2-1-2@
2-14-+Q.4.Q:
2-1-J~
2-1-4.Qfill:
2-1..§Ql.Q:
2-1-GQ.8.Q:
2-1-7Q9Q:
2-1-8.1.Q.Q:
2-1-Mll.Q:
2-1-8812.Q:
Title
PURPOSE
AUTHORITY
SHORT TITLE
Chapter 1
Applicable Codes
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 Ordinance 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
promote the public health, safety and general welfare and to provide officials \Yith
an adequate means of monitoring development within the City
ORDINANCE NO. 640
printed March 25 , 1994
page 1of15
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.
2-1-2.Q.J.Q. SHORT TITLE: This Ordinance Title shall be known as the McCall
Building Code~ OP 1976.
2-14-HMQ: PERMITS REQUIRED : It shall be unlawful for any person, firm,
oopartnership, association or corporation to do, or cause or permit to be done,
after the adoption of this Ordinance April 5. 1976, whether acting as principal,
a gent or employee, any construction, improvement, extension, alteration or
demolition of any building, residence or structure, coming under the purview of
this Act, within the Plannin~ Jurisdiction of the City of McCall without first
procuring a permit authorizing such work to be done.
2-1-3.Qfill SCOPE; EXEMPTIONS:
(A) The provisions of this Ordinance Title shall apply to all buildings and
construction within the Planning Jurisdiction incorporated limits of the
City of McCall, Idaho, except as otherwise herein provided.
(B) Structures used primarily for industrial chemical process purposes and for
mineral extraction and mineral processing purposes shall be exemptea
from this-Aet 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, as defined in section 39 4105 (16), Idaho Code,
shall be exempt from thi s-Aet Title. except for such temporary facilities
which are classified as a manufactured modular building£. under the
provisions of section 39 4121, Idaho Code , antller mobile/manufactured
homes. and. commercial coach~ under the pro't·i sions of section 39
4122, Idaho Code, or a mobile home under the provisions of chapter 40,
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--Aet Title except for any structure which is classified as a
manufactured modular buildin~ mobile/manufactured homes. under the
pro•1isions of section 39 4121, Idaho Code, and}er-a-commercial coach~
under the provisions of section 39 4122, Idaho Code, or a mobile home
under the pro'+·isions of chapter 40, Title 39, Idaho Code as defined in
section 39-4105. Idaho Code. and except buildings intended for human
habitation .
CE) Mobile/manufactured homes shall be subject to this Title as provided by
IC 44-2202 0993). 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. Id aho Code.
2 -1 -4.QQQ: 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
printed March 25, 1994
page 2of15
shall have the following meaning, unless the context clearly indicates another
meaning:
(A) BUILDING: AID'. combination of materials, whether portable or fixed,
which comprises a structure affording facilities or shelter for any use or
occupancy, and shall include a part or parts thereof and equipment therein
normally a part of the 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 so designated by the McCall City
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 CONSTRUCTION: Any building, building component, assembly or
system manufactured: in such a manner that all concealed parts or processes of;
manufacture cannot be inspected before installation at the building site without
disassembly, damage or destruction.
COMMERCIAL COACH: A factory assembled structure equipped with the
necessary service connections and made so as to be readily mo11able as a unit on
its own running gear and originally designed to be used either as a dwelling unit
or other use without a permanent foundation .
(D) CONSTRUCTION: The erection, fabrication, reconstruction, demolition,
alteration, conversion , or repair of a building (other than in-kind), or the
installation of equipment therein in it normally a part of the structure.
CE) 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: An agricultural unit of fiye (5) acres or more.
(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.
CG) MANUFACTURED HOME: Means a structure meeting the definition of
manufactured home set out in Section 39-4105. Idaho Code .
CH) MODULARANUFAGTURED BUILDING : Any building which is of closed
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
printed March 25 , 1994
page 3 of 15
CD 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, signal s , pictures and sounds of
all kinds, by aid of such wires, cables, equipmen t, 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)
2-1-0.QZQ.: ADOPTION OF CODES: The follow i ng codes, except as hefeifl
amended by section 2-1-080, are hereby adopted for 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 appe ndices
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
Internation al 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) (Rep . by Ord. 605, 4 23 92)
(BD) The Uniform Fire Code , 1991 edition, and Appendices II C, II F, I A, I B,
IC, VA, VI A, and VI D, published by the Western Fire Chiefs
Association and the International Conference of Building Officials.:.
CE) ,and--tihe 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 54-19 88: Natural Fuel Gas Code
NFPA 58-1989: Storage and Handling of Liquefied Petroleum Gases
NFPA 59-1989: Storage and Handling of Liquefied Petroleum Gases
ORDINANCE NO. 640
printed March 25, 1994
at Utility Gas Plants
page4of15
(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 ~Qfil!: 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 one hundred twenty (12()j pounds per square foot
and the Building Inspector may require structures to be designed
for heavier loadings in certain locations-et' 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 seg. which standard provides a nominal desi~n
snow load of 120 pounds or ~eater. 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 para mph. 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
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.
(8) 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.
as follows:
1. When the construction cost of said plans and specifications
is from $1.00 to $25,000.00, the fee shall be $25.00.
2 . When the construction cost of said plans and specifications
is from $25,001.00 to $125,000.00, the fee shall be $50.00.
3 . When the construction cost of said plans and specifications
is $125 ,001.00 or greater, the fee shall be $100.00.
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
printed March 25, 1994
page 5 of 15
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 . New construction, or remodeling
described in subsection l 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, according to the square footage threshold requirements for
such occupancies in the Uniform Fire Code as modified in subsection 2
below., in the case of:
1. New construction; aHd or
2. Remodeling ~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.
2. The Uniform Fire Code threshold square footages are modified as
follows:
(a) Section 10 .507(c) 1, changed from 5,000 square feet to
3,000 square feet ;
(b) Section 10.507(c) 3, changed from 12,000 square feet to
6 ,000 square feet ; and
(c) Section 10 .507(d), changed from 12,000 square feet to
6,000 square feet, and from 24,000 square feet to 12,000
square feet; and Section 10.507(d) modified in pertinent
part as follows:
occuparwies three stories or more (Ord. 605, 4-23-
~
[from 2-l-16](QE.') 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
install ati on an d 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
printed March 25, 1994
page 6of15
2-1--7.Q.9.Q.: PROVIDING FOR CERTIFIED COPIES: Not less than three; -(3j
copies of each of the codes enumerated in Section 2-1-S.QIQ hereof, ffi:tly-certified
by the City Clerk, are~ on file for use and examination by the public in the
office of the City Clerk of McCall, Idaho. (Ord. 349, 4-5-76)
2-1-81QQ.: FIRE ZONES: For the application of rules and regulations included
in said-kcodes identified in section 2-1-050, those areas of the Plannin~
Jurisdiction of the City of McCall_now or hereafter zoned as Commercial~'
Zefle, 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 Plannin~ Jurisdiction of the City shall be
deemed to be in Fire Zone 3 as defined by said-~Uniform Building Code. (Ord.
399, 5-5-80)
2-1-8-Al.1.Q: OCCUPANCY EXCEPTION&. 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, adopted hereafter adopted
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)
2-1-8812.Q: ADDITIONAL ELECTRICAL WIRING REQUIREMENTS: The following
additional electrical wiring requirements shall apply within the corporate limits
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 District and Zone
~.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
limits of the City, 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
printed March 25, 1994
page 7of15
Section Title
Chapter 2
Related Duties of Building Inspector
and Coordination with Other Permits
2-4.2-9Q1Q: APPROACHES TO CITY STREETS , STATE HIGHWAYS
2--+-4-G 2-020: PERMITS FROM OTHER AGENCIES ; UNLAWFUL TO
ENERGIZE USE CONNECTION WITHOUT PERMIT
2 1 14A: SEWER AND WATER CONNECTION PERMITS Mm
2-2-d~:
2.:+42-040:
2-2-4.:0..5.Q.
2-2-&-QQQ.
2-2-S-QZQ
2-2-7-Q.8.Q
PAYMENT OF TRUNK SEWER AND TREATMENT PLANT
CONNECTION CH.ARGE REOUIREO:
REGULATIONS RESPECTING DRAINAGE
ZONING AND SITE DEVELOPMENT:
PURPOSE.
RESPONSIBILITY .
CONTENTS OF A REPORT.
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 hi ghway 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--+-4-G2-020: PERM ITS FROM OTHER AGENCIES:
(AL_ Prior to issuance of a building permit the Building Inspector shall require
evidence of approval by other government agencies and utilities ta-for
installation of (a) electric service , (b) water sy stem (City. or Central
District Health and Department of Water Resourc es). (c) sewer system
(City. Central Distric t Health. or Payette Lakes Water & Sewer District),
(d) plumbing system (State plumbing inspector), (e) mechanical heating
system (State plumbin g or electrical inspector). ill.._approach to State
highway or County Road or City street, if applicable.
2 1 14A: SEWER AND WATER CONNECTION PERMITS AND
PAYMENT OF TRUNK SE\l.'ER AND TREATMENT PLANT CONNECTION
CHARGE REQUIRED:
(AB) No building permit shall be issued under this Chapter unless issued
simultaneously with the issuance of sewer service and water connection
pennits and payment of trunk sewer and treatment plant connection
charges and water connection char~es. if any. for the same premises.
(BQ Sewer service and water connection permits shall expire simultaneously
with the expiration of building permits .
(tD) 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
· ermittee or the performance of any service by the City as a result of the
p ayment of such charges shall bar any refunds being made here under.(Ord .
515, 6-87)
2 1 13CE) It shall be unlawful for any person, firm or corporation to connect
or energize any electrical installation or any other utility service to any
ORDINANCE NO. 640
printed March 25, 1994
page 8of15
building or structure coming under the provisions of this Ordinance~
unless the necessary permit covering such installation has been issued.
(Ord. 349, 4-5-76)
2-2-d~: REGULATIONS RESPECTING DRAINAGE:
(A) No proposed construction or substantial improvements shall commence
until a building permit is first obtained from the City Clerk.
(B) The-City Building Inspector shall review all applications for permits to
determine whether the site is reasonably safe from flooding development
is reasonably desi~ned to avoid floo<lin~ other properties. If the area-ts
potentially flood prone-development will potentially contribute to
floo<lin~. the proposed construction must:
1. Be designed (or modified) and anchored to prevent floatation
collapse, or lateral movement floo<lin~ of other properties: and
2. Use construction materials and utility equipment that are resistant
to flood damage;--a-00
3. Use construction methods and practices that will minimize flood
damage to other properties.
ill.lfQ 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~.:.
!Qfl}) 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)
CD) The provisions of this Section are in addition to. and not in lieu of. the
flood plain chapter of Title 3.
-2--1-42: ZONING AND SITE DEVELOPMENT: No building permit shall be
issued or authoriz.ed unless the work or project is in compliance with z.oning
and/or site development ordinances of the City, provided such z.oning and/or site
development is not in conflict with the Codes herein enumerated.
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 comers of the
property have been recovered and marked so as to permit their
ORDINANCE NO. 640
printed March 25, 1994
page 9 of 15
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.
2-2-4:05Q. PURPOSE. The purpose of this and the succeeding three sections is
to ensure the effective administration and enforcement of Title III.
2-2--a-Q.6.Q. RESPONSIBILITY. The responsibility for the preparation of a
plan ning 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-&-QZQ 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) All supplementary regulations and general development standards set forth
el sewhere in Title ill; and
(F) Certifications from all relevant agencies that they have found no matters
that require further attention.
ORDINANCE NO. 640
printed March 25, 1994
page 10of15
2-2-7-QM. 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 ill 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
printed March 25, 1994
page 11of15
Section
2-+4§3-Q!Q:
2-+463-020:
2-+443-030:
2-+473-040:
2-~3-050:
2-+493-060:
2-+-2G3-070:
2-+-2-+3-080:
2-1423-090:
2-+-23:.1.QQ:
2-+-243-110:
2-.:t--aa3-120
Title
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 SETIING OUT NONCONFORMITY
VIOLATIONS MISDEMEANORS:
CIVIL ACTION .
2-+4§3-Q!Q: ADMINISTRATION : The City of McCall shall establish a
Building Department and appoint a Building Inspector and such other persons~
~ necessary to administ~rate and implement the application and inspection
functions required by this Uniform Building Code..Itlk. The Building Inspector
shall collect building permit fees and issue Stieh permits upon approval of the
application therefor.
2-+463-020: INSPECTIONS
(A) It shall be the duty of the Building Inspector to inspect the construction of
all buildings and structures covered by this Ordinance Title for compliance
with this Title the Uniform Building Code of 1976;
(B) It shall be the duty of a permit holder to notify the Building Inspector at
least twelve (12) 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 four (24).AS_ hours of the stipulated time for
the inspection and shall, after-j[-said twenty four (24).AS_ hours then pass
without-beifl.g an inspection bein~ made inspected, 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 ·miting. Inspections-shall 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 -+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
printed March 25, 1994
page 12 of 15
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
of this Code the McCall City Code, if not already void under the terms of the
Uniform Buildin~ Code. may be suspended or revoked by written notice to the
permittee. (Ord. 441, 11-2-81, am. Ord. 640, 8-26-93)
2-+4.+3-040: LIMITATION OF RESPONSIBILITY: Neither an approval nor a
permit granted shall constitute permission or authority to be interpreted as a
waiver, fer-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 Ordinance
Title. (Ord. 349, 4-5-76 , am. Ord. 640, 8-26-93)
2 -.+--t-83 -050: BUILDING BOARD OF EXAMINERS AND APPEALS:
CA) 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.
CB) 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 Buildin~ Board of
Examiners and Appeal s City Council; the procedure for appeals set out in
the Uniform Building Code shall be applicable to both appeals. The notice
of appeal shall be in writin~. shall fully state the decision of the Inspector
being appealed and fully state the ~ounds of the appeal. and shall be
si~ned and verified by the appellant. The notice of appeal shall be served
on the City Clerk and on the Buildin~ 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 complyin~ with the
standards of this section. Written notice of hearing shall be iPven to the
Building Inspector and to the appellant not less than ten days before the
hearing . Following the hearin~. 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.
hearin~. 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-+-t-93-060: HEARINGS : Hearings before ths:.is Committee and the
Board of Appeals shall be public and shall be conducted in a quasi-judicial
manner operating •Nithin the same time limits imposed upon the State Board by
sections 39 4107 (3 ) and 39 4120 of the Idaho Code 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-.:t--2G3-070: 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 -sai6 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
printed March 25, 1994
page 13 of 15
2-+-2+3-080: 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
enforcement official and agency Buildin~ Inspector and; the appellant and the
State Director of Labor and Industrial Services within ten (10) days of close of
hearing.
2 -~3-090 : APPEALS :
(A) Appeals from the-leeal Board of Examiners and Appeals herein
established shall be filed within ten (10) days after mailing of notice of
decision by the-lecal Board of Examiners and Appeals Board. 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 5aiEl
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--lecal 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-+-23:.lQQ: INJUNCTION, AFFIDAVIT SETTING OUT NONCONFORMITY: The
City may obtain from a District Court having jurisdiction, a temporary restraininl!
order and a preliminruy injunction enjoining the construction of a building or
installation of manufactured homes or modular buildings on any building site
upon affidavit of the department Buildinl! Inspector that such building activity
does not conform to the requirements of this~ Title or to the rules and
regulations adopted pursuant to th i s-aet Title or any ether act of the State of Idaho
rela ti n g 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-+-243-110: VIOLATIONS MISDEMEANORS:
(A) Any person who willfully violates any provision of this Ordinance 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-+-2-§3-120 CIVIL ACTION . Notwithstanding any other remedies available , an y
person in an in dividual capacity , damaged as a result of a violation of this-Aet
Title or the Codes enu merated herein or promulgated pursuant to this -Aet 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,-he-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
printed March 25 , 1994
page 14of15
CHAPTER 2
BUILDING PERMIT SYSTEM
(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 , 1994.
A1TEST:
Arthur J. Schmidt,
City Clerk
ORDINANCE NO. 640
printed March 25, 1994
Dean Martens
Mayor
page 15 of 15
RESOLUTION NO. ~-94
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 ____ , 1994.
ATTEST:
Arthur J. Schmidt,
City Clerk
Dean Martens
Mayor
resolution approving summary of ORDINANCE NO. 640
printed March 25, 1994
page 1of1
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 DA TE.
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
States the purpose of this Title.
States the authority for this Title in the Idaho Code.
2-1-010:
2-1-020:
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
printed March 25 , 1994
page 1of6
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, VA, 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.
(D) No longe c hanges the Uniform Building Code or Uniform Fire Code
square ootage 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 Wall board Inspection."
summary of ORDINANCE NO . 640
printed March 25, 1994
page 2 of6
(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
printed March 25, 1994
page 3 of 6
Chapter 2
Related Duties of Building Inspector
and Coordination with Other Permits
2-2-010: The : Building In spector shall require the installation of a driveway
approach that provides continuity of drainage and that avoids damage to paving .
PERMITS FROM OTHER AGENCIES: 2-2-020:
(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 contribu te 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 rev iew 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 el iminate flood damage .
(C) Water systems and sewage system s to minimize or eliminate infiltration
and leaking . On-site disposal systems to be located so as to avoid
impairment during flooding.
(D) The provisions of this Section to be in addition to the flood plain chapter
of Title 3.
2-2 -0 40 · 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
printed March 25 , 1994
page4 of6
2-2-060: Assigns responsibility for planning reports to Zoning
Administrator.
2-2-070:
2-2-080:
Addresses contents of a planning report.
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 (I 0) days , filed and heard as provided by Idaho Code section
summary of ORDINANCE NO . 640
printed March 25, 1994
page 5 of 6
"
I I
3 9 - 4 1 2 0 . F i n a l d e c i s i o n s b y t h e S t a t e B o a r d o f A p p e a l s , o t h e r t h a n c o d e
i n t e r p r e t a t i o n s , a r e r e v i e w a b l e u p o n a p p e a l t o t h e D i s t r i c t C o u r t i n s u c h
f o r m a n d m a n n e r a s p r o v i d e d b y t h e I d a h o r u l e s o f c i v i l p r o c e d u r e .
2 - 3 - 1 0 0 : T h e C i t y m a y o b t a i n t e m p o r a r y r e s t r a i n i n g o r d e r a n d a p r e l i m i n a r y
i n j u n c t i o n u p o n a f f i d a v i t o f t h e B u i l d i n g I n s p e c t o r t h a t a c t i v i t y d o e s n o t c o n f o r m
t o t h i s T i t l e . T h e i n j u n c t i o n m a y b e m a d e p e r m a n e n t , b y t h e c o u r t .
2 - 3 - 1 1 0 : A n y p e r s o n w h o w i l l f u l l y v i o l a t e s t h i s T i t l e o r t h e C o d e s
e n u m e r a t e d , i s g u i l t y o f a m i s d e m e a n o r . F i n e n o t m o r e t h a n $ 3 0 0 . 0 0 , o r
i m p r i s o n m e n t f o r n o t m o r e t h a n 9 0 d a y s o r b o t h . E a c h b u i l d i n g a n d e a c h d a y
v i o l a t i o n c o n t i n u e s a s e p a r a t e o f f e n s e .
2 - 3 - 1 2 0 A n y p e r s o n d a m a g e d b y a v i o l a t i o n o f t h i s T i t l e o r t h e C o d e s
e n u m e r a t e d , h a s a c a u s e o f a c t i o n a g a i n s t t h e p e r s o n w h o c o m m i t t e d t h e v i o l a t i o n
a n d i f w i n n i n g s h a l l b e e n t i t l e d t o a t t o r n e y ' s f e e s a n c o u r t c o s t s .
S e c t i o n 2 . T h i s O r d i n a n c e s h a l l b e i n f u l l f o r c e a n d e f f e c t f r o m a n d a f t e r i t s p a s s a g e ,
a p p r o v a l a n d p u b l i c a t i o n a s r e q u i r e d b y l a w .
T H E F U L L T E X T O F O R D I N A N C E 6 4 0 I S A V A I L A B L E A T C I T Y H A L L , 2 1 6 E .
P A R K S T R E E T , M c C A L L .
S T A T E M E N T O F C I T Y L E G A L A D V I S O R
T h e f o r e g o i n g s u m m a r y i s t r u e a n d c o m p l e t e a n d p r o v i d e s a d e q u a t e n o t i c e t o t h e p u b l i c .
s u m m a r y o f O R D I N A N C E N O . 6 4 0
p r i n t e d M a r c h 2 5 , 1 9 9 4
C i t y A t t o r n e y a n d P r o s e c u t o r
p a g e 6 o f 6
.... ·
State of Idaho
DEPARTMENT OF LABOR AND INDUSTRIAL SERVICES
CECIL D. ANDRUS
Governor
GARY H. GOULD
Director
June 11, 1993
The Honorable Larry Smith
Mayor of the City of McCall
P. o. Box 1065
McCall, ID 83638
The Honorable Mayor Smith:
'ZTl North Sixth, Statehouse Mail
Boise, ID 83720-6000
(208) 334-3950 FAX # (208) 334-2683
RE: REQUIRED INSPECTIONS OF MOBILE/MANUFACTURED HOME
INSTALLATIONS, HOUSE BILL 193.
On April 1, 1993, Governor Andrus signed into law House Bill 193
which among other provisions established a requirement for all
cities and counties that have adopted a building code to establish
a permit process and provide inspections for all on-site
installations of mobile/manufactured homes. Under House Bill 193,
which will go in effect on July 1, 1993, section 44-2202 Idaho Code
specifies: "Installation Permits and Inspections Required.
(1) The owner or the installer of a mobile/manufactured home must
obtain an installation permit as required by city or county
ordinance before installing a mobile/manufactured home that will
be used as a residence on a building site or in a park. The
installer's license must be in effect at the time of the
application for the installation permit. (2) Cities and counties,
which have by ordinance adopted a building code, shall establish
a permit process for the installation of all mobile/manufactured
homes within their respective jurisdictions and shall provide for
inspection of all work required by the manufacturer's installation
instructions or the installation and set-up provisions of this
chapter, whichever is applicable pursuant to the provisions of
section 44-2201, Idaho Code. Fees for installation permits and
inspections shall be established by the city or county having
jurisdiction."
A complete copy of Idaho Code Title 44 Chapters 21 and 22, is
enclosed for your information . After July 1, 1993, all requests
for installation permits and/or inspections received by this
division will be referred to local jurisdictions.
On an unrelated issue, with this letter I have enclosed a copy of
preliminary legislative recommendations that was prepared by the
statewide school facilities Needs Assessment Committee. Your
Equal Opportunity Employer
June 11, 1993
Page 2
comments, suggestions or other recommendations are invited and may
be directed in writing to the committee chairman, Wayne V. Meuleman
at P. 0. Box 2802, Boise, Idaho 83701, or in person or by
telephone to any one of the members of the committee. Comments
received by July 9, 1993, will be considered at the next scheduled
meetings of the committee.
Sincerely,
/l:::2~-
Building Programs Manager
JR/le
c: Wayne V. Meuleman
Wayne Larsen
Manufactured Home Advisory Board
Gub Mix
Paul Pusey
Building Division Staff
Certified Building Inspectors
. "
·~ ...
TI TLE 44
CHAPTER 21
MANUF ACTURED HOME DEALER AND BROKER LICENSING
44-2101. PURPOSE --LICENSE REQUIRED. The legislature finds that the
regulation and control of those persons engaged in the business of manufac-
turing, selling, installing or servicing of manufactured homes is necessary
to protect the health and safety of the citizens of Idaho. To that end, it
shall be unlawful for any person to engage in business as a manufacturer of
manufactured homes, a manufactured home dea l er, manufactured home broker,
manufactured home servi ce company o r a manufactured home salesman without
being duly li censed as provided in thi s chapter.
44-2101A. DEFINITIONS. As used in this chapter:
(1 ) "Department" means t he department of la bor and i ndustr ial services
of the state of Idaho.
(2) "Director" means the d irector of the department of labor an d i.n dus-
trial services of t he state of Idaho.
(3 ) "Manu f actured hom e" means a structu re as defined t n se ction
39-4105(14), Idaho Code.
(4 ) "Manu fa ctured home broker" means
of se lling or exchanging used units
exchang es t hre e (3) or more used uni ts i n
as otherwise provided in th is chapter.
any pers on engaged in the
only, o r who buys, sells,
any one (1) calendar ye ar,
business
lists or
ex c ept
(5) ''Manuf actured ho me dealer" means any person engaged in the business
of selling o r exchanging new and used units, or who buys, sells, lists or
ex c han ge s th ree (3) or mo re new and used units 1n any one (1) calendar yea r,
except as otherwise provi de d i n this chapter.
(6) "Manufactured home salesman" means any person e mployed by a manufac-
ture d home d ealer or broker for a salary, c ommission or co mpensat io n of any
kind to se ll , li st, purchase or ex change or to negot i ate f or the sale, list-
ing, purchase or exchange of units, except as otherwise provided 1n this
chapter.
(7) "Manufactured home service company" includes "manufactured home
installer" and means any person other than a manufactured home dealer who
provides service, setup, or both, of manufactured or mobile homes.
(8) "Manufacturer" means any person engaged in the business of manufac-
t uring manufactured homes t hat are offered for sale, lease or exchange in the
state of Idaho.
(9) "Mobile home" means a structure similar to a manufactured home, but
built to a state mobile home code which existed prior to the Federal Manufac-
l ured Housing and Safety Standards Act (HUD Code).
(10) "Person" means a natur a l person, cor poration, partnership, trust,
society, club, associat i on, or other organization.
(11) "Principal place of business" means an enclosed structure accessi-
ble and open to the public, at which the business is lawfully conducted i n
accordance with the terms of all applicable bui l ding codes, z oning and other
~and use regulatory ord inances, i n wh i ch building the public may contac t th e
~ealer, broker or salesman, and at which p l ace shall be kept and maintained
the books, records and file s necessary to conduc~ the business. There shall
be displayed on the exterior a sign permanently affixed to th e land o r bui l d-
i n~ wi th letters clearl y visible t o the ma jo r ave nue of tr a ff ic.
(12) "Unit" means a mobile o r manufactured home.
c
(
l
44-2102. ADMINISTRATION --POWERS AND DUTIES. The director is charged
with the administration of the provisions of this chapter and shall:
(1) In accordance with the provisions of chapter 52, title 67, Idaho
Code, promulgate, adopt, amend, and repeal rules and regulations, not incon-
sistent with the provisions of this chapter and the laws of the state of
Idaho, as he shall consider necessary, to provide for the licensing and bond-
ing of manufactured home dealers and brokers, manufacturers and service
firms, the licensing of manufactured home salesmen, and the establishment of
a mandatory statewide manufactured home 11 set up" .code. The director shall
also define and prohibit any practice which is found to be deceptive.
(2) A used unit which has been determined to be or declared by the owner
to be real property under the provisions of section 63-3078, Idaho Code, may
be offered for sale, listed, bought for resale, negotiated for, either
directly or indirectly, by a licensed real estate broker or a real estate
salesman representing a licensed broker, but not a manufactured home dealer
or manufactured home salesman. A used unit which has been determined to be
and is carried on the tax rolls as personal property may be offered for sale,
Listed, bought for resale, negotiated for, either directly or indirectly, by
a licensed real estate broker or a real estate salesman, pursuant to chapter
20, title 54, Idaho Code, or by a licensed manufactured home dealer, broker,
or manufactured home salesman, but with respect to a licensed manufactured
home dealer, broker or salesman only to the extent such sale does not involve
the purchase or sale o f an interest in real estate.
44-2103. FEES --DEPOSIT OF FEES. (1) Fees for licensing of dealers,
brokers, manufacturers, salesmen and service companies shall not exceed:
(a) Manufactured home dealer or broker's license ••••••..•••••.• $250.00
(b) Manufacturer license •••••..•••.•••••••••••••.••.••...•••.•• $250.00
(c) Manufactured home service company/installer •••.•••••...••.. $125.00
(d) Manufactured home salesman's license ••••••••••••••••...•••• $ 25.00
(2) All l icense fees collected by the department under the provisions
of this chapter shall be paid into the manufactured housing account, which is
hereby created in the dedicated fund. The expenses incurred in administering
and enforcing the provisions of this chapter shall be paid from the account.
(4) The following performance bonding requirements shall be met before
the issuance of these licenses:
(a) Manufacturer ........................................ .
(b) Manufactured home dealer •••••••••••••••••••••••••••••
(c) Manufactured home broker •••••••••••••••••••••••••••••
(d) Manufactured home service company/installer ••••••••••
$20,000
$20,000
$20,000
$ 5,000
bond
bond
bond
bond.
44-2104. MANUFACTURED HOME ADVISORY BOARD. (1) A manufactured home advi-
sory board is established in the department as a complaint and appeals board
and to advise the director in the administration and enforcement of the pro-
visions of this chapter. The board shall consist of five (5) members,
appointed by the governor from licensed manufactured home dealers. The board
shall serve the following terms commencing January 1, 1989: two (2) members
shall be appointed for a term of one (1) year, two (2) members shall be
appointed for a term of two (2) years, and one (1) member shall be appointed
for a term of three (3) years. Thereafter board members shall be appointed
for a term of three (3) years. Not more than three 'c 3) members shall at any
time belong to the same political party. Whenever a vacancy occurs, the gov-
ernor shall appoint a qualified person to fill the vacancy for the unexpired
portion of the term. The members of the board shall be compensated as pro-
vided in section 59-509(f), Idaho Code, for each day spent in attendance at
...
meetings of the board. A majority of members shall constitute a quorum, and a
quorum at any meeting called by the director shall have full and complete
power to act upon and resolve in the name of the board any matter, thing or
question referred to it by the director, or which by reason of any provision
of this chapter, it has the power to determine.
(2) The board shall, on the first day of each January or as soon there-
after as practicable, elect a chairman, vice-chairman and secretary from
among its members, and these officers shall hold office until their succes-
sors are elected. As soon as the board has elected its officers, the secre-
tary shall certify the results of the election to the director, The chairman
shall preside at all meetings of the board and the secretary shall make a
record of the proceedings which shall be preserved in the offices of t h e
department. If the chairman is absent from any meeting of the board, his
duties shall be discharged by the vice-chairman. All members of the board
present at a meeting shall be entitled to vote on any question, matter, or
thing which properly comes before it.
44-2105. SUSPENSION OR REVOCATION OF LICENSES HEARING JUDICIAL
REVIEW --REAPPLICATION. (1) The director may suspend or revoke any License,
~f the l icense was obtained through error or fraud, or if the holder thereof
is shown to be grossly incompetent, or has wilfully violated any provision of
this chapter or the rules adopted thereunder.
(2) The director shall have the power to appoint, by an order in writ-
i ng, any competent person to take testimony at a hearing conducted for the
purposes of determining whether a license should be suspended or revoked.
The director, and any hearing officer appointed by the director, shall have
t he power to administer oaths, issue subpoenas and compel the attendance of
w1tnesses and the production of documents and records.
(3) aefore any license shall be suspended or revoked, the holder t hereof
shall be served with written notice enumerating the charges against him, and
s hall be afforded an opportunity for an appropriate contested case in accor-
dance with the provisions of chapter 52, t i tle 67, Idaho Code. The notice
shall specify the time and place for hearing, which time shall not be less
than five (5) days after the service thereof.
(4) Any party aggrieved by an order of the director suspending or revok-
1ng a license shall be entitled to judicial review thereof in accordance with
the provisions of chapter 52, title 67, Idaho Code.
(5) Any person whose license has been revoked may not apply for a new
license until the expiration of one (1) year from the date of such revoca-
tion.
44-2106. VIOLATIONS. (1) It shall be unlawful to engage in business as a
manufacturer, manufactured home dealer, manufactured home broker, manufac-
tured home salesman or manufactured home service company without being duly
licensed by the department pursuant to this chapter.
(2) It shall be unlawful for a manufacturer, manufactured home dealer,
manufactured home broker, manufactured home salesman or manufactured home
service company to:
(a) Intentionally publish or circulate any advertising which is mislead-
ing or inaccurate in any material particular or .which misrepresents any
of the products or services sold or provided by a manufacturer, manufac-
tured home dealer, broker, salesman or service company;
(b) Violate any of the provisions of this chapter or any rule adopted by
the department pursuant to this chapter;
(c) Knowingly purchase, sell or otherwise acquire or dispose of a stolen
(
(
l
manufactured or mobile home;
(d) With respect only to a manufactured home dealer or broker, to engage
in the business for which such dealer or broker is licensed without at
all times maintaining a principal place of business located within the
state.
44-2107. PENALTY PR OVISIONS. Whoever shall v iolate any of the prov1s1ons
of this chapter, or any laws or rules adopted pursuant to this chapter, shall
be guilty of a misdemeanor.
•
~ .
TITLE 44
CHAPTER 22
MANUFACTURED HOME SETUP CODE
44-2201. MOBILE/MANUFACTURED HOMES INSTALLATION. All mobile/manufactured
homes must be installed in accordance with the manufacturer's instructions or
where the manufacturer's instructions are not readily available from the man-
ufacturer, the mobile/manufactured home must be installed in accordance with
the provisions of this chapter. All mobile /m anufactured homes must be
installed in accordance with all other applicable state laws pertaining to
utility connection requirements. If the home is installed in accordance with
the manufacturer's specifications, a copy of those specifications shall be in
the home at the time of setup and i nspection. If the ho me is inst alled in
accordance with the provisions of this chapter, then a copy of the state
setup requirements shall be included with the home. All dimensions required
by the provisions of this chapter are considered to be nominal.
The homeowner or park owner must ensure that the ground o n wh ich a
mobile /m anufactured home is to be installed has been imp ro ve d as necessary to
provide a proper base for the unit and that the area beneath it has adeq uate
drainage.
44-2202. INSTALLATION PERMITS AND INSPECTIONS REQUIRED. (1) Th e owne r or
the installer of a mobile/manufactured home must obtain an installation per -
mit as required by city or county ordinance before in stalling a
mobile /manufactured home that will be used as a residence on a building site
or in a par k . The installer's license must be in effect at the time o f t he
a pplicati on f or the installation permit.
(2) Cities and counties, whic h have by ordinance adopted a b uiLdin~
code, shall establish a permit process fo r the installation of all
mobile/manufactured homes within their respective jurisdictions and shall
provide for inspection of all work required by the manufacturer's installa -
tion instructions or the installation and setup pro vi sions of this chapter,
whichever is applicable pursuant to the provisions of section 44-2201, Idaho
Code. Fees for installation permits and inspections shall be as established
by the city or county having jurisdiction. ·
44-2203. MANUFACTURER'S INSTRUCTIONS ON STABILIZING SYSTEM MAY BE USED.
(1) Installation instructions supplied by the manufacturer of the
mobile/manufactured home or commercial coach specifying the location and
capacity of stabilizing devices may be used. If the use of perimeter stabi-
lizing systems is required in the manufacturer's instructions, such systems
must be used.
(2) If a mobile/manufactured home or commercial coach is installed pur-
suant to the manufacturer's installation instructions, a copy of such
instructions must be deli v ered to the mobile /m anufactured home owner or com-
mercial coach owner by the dealer or installer.
44-2204. REQUIREMENTS FOR INSTALLING
Mobile/manufactured homes or not installed pursuant
installation instructions must be installed according
(1) Footings must be constructed of:
STABILIZING SYSTEMS.
to the manufacturer's
to this section.
(a) Precast or poured-in-place concrete, not less than 16 inches x 16
c
(
L
inches x 4 inches, or
(b) Two concrete pads, 4 inches x 8 inches x 16 inches, installed side
by side, or
(c) Other materials and sizes approved by the division which provide
equivalent load-bearing capacity and resistance to decay or when justi-
fied by soil compaction analysis.
(2) Supports must be one (1) of the following:
(a) Steel piers sufficient to carry the weight of the
mobile/manufactured home must be installed under the supporting frame,
spaced at a distance not exceeding 6 feet on center, with the end piers
not further than 2 feet from the end of the mobile/manufactured home or
commercial coach. No steel pier may be used unless it has been approved
by the department and has a minimum 3,000 pounds of compressive strength.
(b) Concrete, cinder or pumice block piers, minimum of 3,000 pounds
compressive strength, must be installed under th e supporting frame,
spaced at a distance not exceeding 6 feet on center, with the piers not
further than 2 feet from each end of the mobile/manufactured home. Con-
crete, cinder or pumice block piers must be constructed of blocks 8
inches x 8 inches x 16 inches. The cells of the blocks must be vertical
and placed perpendicular (crosswise) to the main frame. A wood plate mea-
suring 8 inches x 16 inches, not exceeding 2 inches in thickness, and
shims that transfer loads uniformly, not exceeding 1 inch in thickness,
shall be permitted to be used to fill any gap between the top of the pier
a nd the main frame. Two 2 inch or 4 inch solid concrete blocks shall be
permitted to be used to fill the remainder of any gap. Shims shall be at
least nominal 4 inches wide and 6 inches long and shall be fit ted and
driven tight between the wood plate or pier and main frame. No other pier
support material will be approved unless it provides eq ui v alent Lo ad-
bearing capacity and can be documented by engineering ca lculatio ns. All
materials having ground contact must be resistant to decay.
(c) Block piers more than 40 inches but not more than 80 inches i n
h eight must be constructed by using double tiers with interlocking con -
crete, cinder or pumice blocks. Block piers more than 60 inches in hei g ht
must be constructed of concrete, cinder or pumice blocks with 1/2 inch
reinforcing steel bars inserted vertically and the cells of the blocks
poured solid with concrete.
(3) A mobile/manufactured home of more than one section must have cen-
terline blocking at end walls and at any other point of connection of the
sections of the mobile/manufactured home that are at a ridge beam bearing
support.
(4)
least
level.
The house will be set so that 75% of the area under the home has at
12 inches of clearance between the bottom of the I-beam and the ground
(5) Whatever type of facia or skirting is installed on any
mobile/manufactured home shall be properly vented, with no less than eight
minimum 96 square inch vents (net size of screen) spaced no more than 25 feet
apart, with one vent no more than 3 feet from each corner in both directions.
44-2205. REQUIREMENTS FOR PERMANENT FOUNDATIONS. The following require-
ments shall apply to the construction of a permanent foundation. Either sys-
tem A or B shall be acceptable.
(1) System A:
(a) I-beam ribbon footings: Ribbon footings shall be poured concrete
continuous footings at least 20 inches wide and 8 inches deep; placed on
firm, undisturbed soil below the prevailing frost line. Slabs shall be
level and parallel to, and centered on, the main frame beams and extend-
" . I . "
i n g t o t h e e n d o f t h e f r a m e s . S l a b s s h a l l c o n t a i n t h r e e n u m b e r 4
r e i n f o r c i n g r o d s e v e n l y s p a c e d .
( b ) P i e r s : B l o c k i n g s h a l l h a v e a m a x i m u m s p a c i n g o f 6 f e e t .
( c ) C e n t e r - l i n e s u p p o r t : T h e m i n i m u m c e n t e r - l i n e s u p p o r t b a s e b l o c k
s h a l l b e 1 6 i n c h e s x 1 6 i n c h e s x 4 i n c h e s . H o w e v e r , w h e n m a n u f a c t u r e r ' s
s e t - u p i n s t r u c t i o n s r e q u i r e l a r g e r s u p p o r t s , t h e n t h o s e r e q u i r e m e n t s
s h a l l b e m e t .
( d ) A n c h o r i n g : W e a t h e r - r e s i s t a n t a n c h o r t i e s s h a l l b e e m b e d d e d i n t h e
o u t s i d e r i b b o n f o o t i n g w i t h i n 3 f e e t o f e a c h e n d a n d a m a x i m u m o f 1 2 f e e t
b e t w e e n c e n t e r s a n d s h a l l b e t i e d t o t h e I - b e a m w i t h c a b l e o r z i n c - c o a t e d
s t r a p p i n g . A n c h o r t i e s s h a l l b e d e s i g n e d f o r a 3 , 1 5 0 - p o u n d w o r k i n g l o a d
a n d w i t h s t a n d a 5 0 % o v e r l o a d ( 4 , 7 5 0 l b s . ) .
( e ) C r a w l - s p a c e e n c l o s u r e : T h e c r a w l s p a c e b e n e a t h t h e h o m e s h a l l h a v e a
p e r i m e t e r f a c i a e n c l o s u r e a d e q u a t e l y s e c u r e d t o t h e p e r i m e t e r o f t h e h o m e
a n d d e s i g n e d a n d s u p p o r t e d t o r e s i s t a l l f o r c e s t o w h i c h i t m a y b e s u b -
j e c t , w i t h o u t t r a n s m i t t i n g t h o s e f o r c e s t o t h e b u i l d i n g s u p e r s t r u c t u r e .
T h e b o t t o m o f t h e e n c l o s u r e s h a l l b e b e l o w t h e p r e v a i l i n g f r o s t l e v e l .
M i n i m u m v e n t i n g o f t h e p e r i m e t e r f a c i a e n c l o s u r e s h a l l b e o n e m i n i m u m 9 6
s q u a r e i n c h v e n t ( n e t s i z e o f s c r e e n ) e v e r y 2 5 f e e t , a n d t o i n c l u d e o n e 3
f e e t f r o m e a c h c o r n e r i n b o t h d i r e c t i o n s . N o f a c i a s h a l l h a v e l e s s t h a n 8
v e n t s .
( 2 ) S y s t e m B :
( a ) P e r i m e t e r s u p p o r t f o u n d a t i o n : T h e f o u n d a t i o n s h a l l b e e r e c t e d w i t h
o r w i t h o u t a b a s e m e n t o n s i t e w i t h a m i n i m u m o f 6 i n c h x 1 6 i n c h p o u r e d
c o n c r e t e p e r i m e t e r f o o t i n g b e l o w p r e v a i l i n g f r o s t l e v e l . T h e f o u n d a t i o n
s h a l l h a v e a m i n i m u m 2 4 i n c h h i g h , a d e q u a t e l y v e n t e d , p e r i m e t e r s t e m w a l l
o f 6 i n c h p o u r e d c o n c r e t e , o r 8 i n c h t h i c k m o r t a r e d c o n c r e t e b l o c k w i t h
n u m b e r 3 r e i n f o r c i n g r e b a r e v e r y 4 8 i n c h e s , o r a l l - w e a t h e r w o o d w i t h m i n -
i m u m 1 / 2 i n c h p l y w o o d f a c i a s e c u r e d w i t h g a l v a n i z e d 8 d n a i l s t o 2 i n c h x
4 i n c h p l a t e s a n d s t u d s o n 1 6 i n c h c e n t e r s . T h e c o n c r e t e o r m a s o n r y ~ a l l
s h a l l h a v e a m i n i m u m 2 i n c h x 4 i n c h c o n s t r u c t i o n r e d w o o d o r p r e s s u r e -
t r e a t e d s i l l p l a t e s e c u r e d 6 f e e t o n c e n t e r w i t h 1 / 2 i n c h a n c h o r b o l t s .
T h e h o m e s h a l l b e s u p p o r t e d b y t h e p e r i m e t e r f o u n d a t i o n .
( b ) P i e r s : B l o c k i n g s h a l l b e a m a x i m u m o f 1 2 f e e t o n c e n t e r w i t h a m 1 n -
1 m u m 1 6 i n c h x 1 6 i n c h x 4 i n c h c o n c r e t e p a d s o n u n d i s t u r b e d s o i l .
( c ) A n c h o r i n g : W e a t h e r - r e s i s t a n t a n c h o r i n g d e v i c e s s h a l l b e e m b e d d e d i n
t h e s i d e w a l l f o o t i n g 3 6 i n c h e s f r o m e a c h e n d a n d a m a x i m u m o f 1 2 f e e t
b e t w e e n c e n t e r s a n d s h a l l b e t i e d t o t h e I - f r a m e w i t h c a b l e o r z i n c -
c o a t e d s t r a p p i n g d e s i g n e d f o r a 4 , 7 5 0 p o u n d w o r k l o a d .
( d ) C e n t e r - l i n e s u p p o r t : T h e c e n t e r l i n e o f t h e h o m e s h a l l b e s u p p o r t e d
w i t h m i n i m u m 2 4 i n c h x 2 4 i n c h x 8 i n c h p o u r e d c o n c r e t e f o o t i n g l o c a t e d
a t e a c h s t r u c t u r a l l o a d b e a r i n g s u p p o r t b e a m . E a c h p a d s h a l l h a v e f o u r
n u m b e r 4 r e b a r r e i n f o r c i n g a n d s h a l l b e p l a c e d o n u n d i s t u r b e d s o i l .
( 3 ) G e n e r a l c o n s i d e r a t i o n s f o r b o t h S y s t e m s A a n d B :
( a ) C e n t e r - l i n e b l o c k i n g : A m o b i l e / m a n u f a c t u r e d h o m e o f m o r e t h a n o n e
s e c t i o n m u s t h a v e c e n t e r - l i n e b l o c k i n g a t e n d w a l l s a n d a t a n y o t h e r
p o i n t o f c o n n e c t i o n o f t h e s e c t i o n s o f t h e m o b i l e / m a n u f a c t u r e d h o m e t h a t
a r e a t a r i d g e b e a m b e a r i n g s u p p o r t .
( b ) V a p o r b a r r i e r : T h e g r o u n d i n t h e c r a w l s p a c e s h a l l b e c o v e r e d b y a
m i n i m u m 4 m i l v i s q u e e n v a p o r b a r r i e r , i f r e q u i r e d b y t h e m a n u f a c t u r e r .
( c ) A c c e s s : A c r a w l s p a c e b e t w e e n t h e b o t t o m f l o o r s t r u c t u r e o f t h e
m o b i l e / m a n u f a c t u r e d h o m e a n d t h e f o o t i n g p a d m u ? t b e a t l e a s t 2 4 i n c h e s
i n h e i g h t . A c c e s s t o t h e c r a w l s p a c e m u s t b e b y a n o p e n i n g w h i c h i s 1 8
i n c h e s x 2 4 i n c h e s o r l a r g e r . T h e o p e n i n g s h a l l h a v e a t i g h t f i t t i n g
c o v e r p r o v i d e d . P i p e s , d u c t s a n d o t h e r o b s t r u c t i o n s o t h e r t h a n s t r u c t u r a l
m a t e r i a l s m u s t n o t i n t e r f e r e w i t h a c c e s s t o o r w i t h i n t h e s p a c e b e l o w t h e
f l o o r . C r a w l s p a c e s a n d o t h e r s p a c e s b e l o w f l o o r s m u s t b e v e n t i l a t e d b y
(
(
l
an approved mechanical means or by no less than eight m1n 1m um 96 square
inch vents (net size of screen) to be spaced no more than 25 feet apart,
with one vent no more than 3 feet from each corner in both direc tio ns.
(d) Site grading: Exterior grade shall be a minimum of 8 inches b elow
the bottom of the unit. The g round shall slope at le ast 6 inche s f or 10
feet around the home.
<;,,,..vM ...... u Statewide School Facilities Needs Assessment Committee
Ch.airman
P.O. Box 280'2
Bo.x , IO D701
14~$7
Ben Kerfoot
Vice-Chairman
762..l Nevod.a U...
8o1 291
Fruiuuid, ID D619
•l2·l780
Dean Haagenson
!OJ Summiu
P .0 . Box C-0500
Cx"' d'Aleoo, ID Dll4
661-2456
Bob Purcell = Xlmberiy Ro.I
Kimberl y, ID CHI
7l•·210 l
Jack Rayne
L•bor &. Ulduarial ScrvilX-I ::n :-1 . Si .nll 51 .
!!<>i x , ID 8l720
JJ4-J ll%
Milce Rasmussen
~J R&Dcb Rood
N o.mp<. 10 !0616
-'67 ·96 12
Chris Rigby
: S• l S. CliA.lcaiia
Bo.x , ID I0709
J62 -0 JJ2
George Russell
114 N. Mouroc
Moocow , IO I0&43
I 10
Welch
70 1 E.. Jctfcl'IOll
B<>ioe , 10 1!3712
l =·ll4S
Ex Officio Memben :
Michael Bishop
6ll Pn:moat A¥C.
~·po~. ID l!JJJO
06-<m
Chuck Llehe
911 Meridia Sl..
McridilA, 10 1!3642
111 ... )20
Eldon Nelson
Ocpltlmcal o( Edu.c:a&ioa.
6JO W. SW. SL
3ouc . ID llno
JJ4-Z:OJ
PRELIMINARY LEGISLATIVE RECOMMENDATIONS
[FOR DISCUSSION PURPOSES]
At its meeting on May 19, 1993, the Committee adopted a
preliminary proposal for discussion in consideration of final
recommendations to the 1994 Idaho Legislature regarding
public school facility needs in Idaho. The Committee's
purpose in circulating this preliminary proposal is to focus
discussion and encourage statewide public comment. The
Committee will continue to examine this preliminary proposal
and search for new and innovat i ve ideas of ways to best meet
public school facility needs.
The Committee invites suggestions, comments and
discussion from everyone interested in improving public
education in Idaho. Comments may be directed in writing to
the Committee Chairman, Wayne V Meuleman, at P.O. Bo x 2802,
Boise, Idaho 83701 or may be directed personally or by
telephone to any one of the members of the Committee.
Comments received by July 9, 1993, wil l be considered at the
next scheduled meeting of the Committe e .
SCHOOL FACILITY NEEDS:
Through comprehensive on-site physical assessment of
each of 875 public school buildings in each of the 113 school
districts in Idaho, the Committee found that the estimated
cost to correct deficient facilities, add additional space to
meet current enrollment and to prepare existing buildings for
high technology uses is approximately $706, 000, 000. The
Committee also determined that additional school facilities
totalling approximately 7,000,000 square feet will be needed
over the next ten years in order to meet growing student
enrollment in Idaho.
PRELIMI NARY PROP OSAL:
The Commit tee' s preliminary proposal is a six point plan
to include:
1. Increase the state sales tax by one-half cent from
5% to 5~% with 10% of all state sales tax receipts
(estimated at approximately $40,000,000 per year)
for deposit into the State School District
Building Account to be used for improvement and
addition of needed public schools.
2. Develop a state/local matching program to combine state funds dedicated to the School District Building Account with local school district construction funds for improvement and addition of local school facilities. Matching state funds would be applied based upon a sliding scale ranging from 30% to 70% of project costs under a formula based upon financial need and providing financial incentives for responsible facility planning and management. The program would be administered to provide an average of 50% state participation in public school facility projects under direction of the State Board of Education. 3. Adopt state school building standards applicable to the program to encourage cost savings and to assure adequate facilities. Standards would include standardized model for schools as described in Exhibit 7-2 of the Committee Report; adoption of "net to gross" square footage design standard for schools; adoption of project cost guidelines for school improvements; and adoption of guidelines for continuing maintenance of school facilities. 4. Authorize use of state building revenue bonds to finance public schools and improvements in order to leverage the combined state and local matching funds and to accelerate the program to improve existing conditions and provide additional needed school facilities. 5. Continue distribution of Lottery revenues allocated to public schools through the basic formula to be dedicated to public school facility maintenance. 6. Seek amendment of the Idaho Constitution to reduce the super-majority voter approval of local school bonds from 66 2/3% to 55%.