HomeMy Public PortalAboutResolution 12-94 Summary of ordinance 640 RESOLUTION NO. /02.-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.
VT,
Dean Martens
Mayor
ATTEST:
Arthur J. S hmidt,
City Cler
resolution approving summary of ORDINANCE NO.640 page 1 of 1
printed March 25, 1994
Summary of
ORDINANCE NO. 640
AN ORDINANCE OF THE CITY OF McCALL, IDAHO, RELATING TO THE
BUILDING CODES; EXTENDING BUILDING CODE INSPECTION SERVICES TO
MOBILE/MANUFACTURED HOME INSTALLATION ACCORDING TO IC 44-2202
AS AMENDED EFFECTIVE JULY 1, 1993; MAKING EDITORIAL CORRECTIONS
TO THE CITY CODE TO CLARIFY THE EXISTING PRACTICE THAT BUILDING
CODES EXTEND THROUGHOUT THE PLANNING JURISDICTION; CLARIFYING
THE SNOW LOAD REQUIREMENT FOR STRUCTURES INCLUDING
MOBILE/MANUFACTURED HOUSING; SPECIFYING THAT PLAN REVIEW FEES
WILL BE FIXED BY RESOLUTION OF THE COUNCIL; PROVIDING FOR
CONSULTANT FEES FOR PLAN REVIEW; PROVIDING FOR POSTING OF THE
PER SQUARE FOOT COSTS USED BY THE BUILDING INSPECTOR IN
DETERMINING FEES UNDER THE U.B.C.; GENERALLY REORGANIZING AND
RECODIFYING UNCHANGED MATTER WITHIN TITLE II; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO,AS FOLLOWS:
Section 1. amends the McCall City Code Title 2, Chapter 1, to read, as summarized, as
follows:
Chapter 1
Applicable Codes
2-1-010: States the purpose of this Title.
2-1-020: States the authority for this Title in the Idaho Code.
2-1-030 Says this Title shall be known as the McCall Building Code.
2-1-040: Requires building permits.
2-1-050 States that the provisions of this Title shall apply to all buildings
and construction within the Planning Jurisdiction of the City of McCall,
except as otherwise provided. It then exempts certain specified sorts of
construction. It then recognizes that mobile/manufactured homes shall be
subject to this Title as provided by IC 44-2202 (1993).
2-1-060: Provides that definitions set out in Idaho Code 39-4105 shall apply
to the same words used in this Title, except as otherwise expressly
defined, and then sets out a variety of local definitions.
2-1-070: Adopts the following codes, as amended by section 2-1-080, to all
areas within the Planning Jurisdiction of the City of McCall, Idaho.
(A) The Uniform Building Code, 1991 edition, and the following appendices
thereto:
Chapter 11, Agricultural Buildings
Chapter 23, Snow Load Design
Chapter 32, Reroofing
Chapter 49, Patio Covers
(B) The Uniform Code for Abatement of Dangerous Buildings, 1991 edition,
published by the International Conference of Building Officials.
(C) The Uniform Mechanical Code, 1991 edition,published by the
International Conference of Building Officials and the International
summary of ORDINANCE NO.640 page 1 of 6
printed March 25, 1994
Association of Plumbing and Mechanical Officials. (Ord. 542, 2-9-89;
and. Ord. 605, 4-23-92)
(D) The Uniform Fire Code, 1991 edition, and Appendices II C, II F, I A, I B,
IC, V A,VI A, and VI D,published by the Western Fire Chiefs
Association and the International Conference of Building Officials.
(E) The Life Safety Code, National Fire Protection Association Code number
101-1991,published by the National Fire Protection Association. (Ord.
605, 4-23-92)
(F) National Fire Protection Code sections as follows:
NFPA 501-A-1987: Manufactured Home Installations
NFPA 501-C-1990: Recreational Vehicle Fire Safety Guidelines
NFPA 501-D-1990: Recreational Vehicle Parks and Campgrounds
NFPA 54-1988: Natural Fuel Gas Code
NFPA 58-1989: Storage and Handling of Liquefied Petroleum Gases
NFPA 59-1989: Storage and Handling of Liquefied Petroleum Gases
at Utility Gas Plants
(G) National Electrical Code, 1990 edition, and the appendices thereto as
amended,recommended by the American Insurance Association for
electrical wiring and apparatus. (Ord. 542, 2-9-89; and. Ord. 605, 4-23-92)
2-1-080: AMENDMENTS TO UNIFORM CODES AND PROVISION FOR
MANUFACTURED HOME SNOW LOADS
(A) SNOW LOADS. Section 2305(d) of said Uniform Building Code shall be
amended by adding the following:
The minimum nominal design snow load shall be designated as
120 pounds per square foot and the Building Inspector may require
structures to be designed for heavier loadings in certain locations
in the City Planning Jurisdiction known to experience heavier
snow falls.
With respect to manufactured homes (formerly mobile homes), each such
home shall conform to a Federal manufactured home standard adopted
under 42 USCA §5401, et seq. which standard provides a nominal design
snow load of 120 pounds or greater, or if none does, then that standard
which most nearly approximates a nominal design snow load of 120
pounds. The applicant for a permit for the placement of such a home has
the burden of demonstrating which Federal standard is met by the unit, and
whether that standard is one described in the immediately preceding
sentence of this paragraph. If the manufactured home does not have a 120
pound or stronger roof, it is not to be sold into or installed in the Planning
Jurisdiction without a prior warning about life/safety hazards.
(B) Provides for locally established Plan Review Fees.
(C) Provides that mezzanine floors or lofts to which permanent access is
provided shall be considered an additional story of the building.
(D) No longer changes the Uniform Building Code or Uniform Fire Code
square footage threshold requirements for sprinkling. Requires sprinkling
of new or substantially remodelled buildings, or of buildings where the use
has become a more hazardous one, according to UBC/UFC standards.
(E) Deletes Section 304 (d),paragraph 3 "Lath or Wallboard Inspection."
summary of ORDINANCE NO.640 page 2 of 6
printed March 25, 1994
(F) Provides for the fees of licensed professional engineer consultants to be
charged in addition to the plan review or building permit fee.
(G) Provides that the Building Inspector shall determine and post the per
square foot construction costs for various types of construction for purpose
of plan review and building permit fees, and for determining construction
cost in the case of new mobile or manufactured housing to include all
expenses of installation and set-up, and for the Building Inspector to
determine an installation fee for manufactured homes, and similarly post
it; provided that a foundation for a manufactured home shall be dealt with
as a building permit matter.
2-1-090: Provides that not less than 3 copies of each of the codes are to be
on file for use and examination by the public in the office of the City Clerk.
2-1-100: Provides that those areas of the Planning Jurisdiction of the City of
McCall zoned as Commercial, General Commercial, Central Business District,
and Industrial shall be in the Fire Zone 2, and all other areas of the Planning
Jurisdiction of the City shall be in Fire Zone 3.
2-1-110: Provides that those of the structures in Fire Zone 2 with an
occupancy rating of R-3, M-1 or M-2, shall not be subject to the restrictive
provisions in the Uniform Building Code applicable to Fire Zone 2.
2-1-120: Provides additional electrical wiring requirements:
(A) Electrical wiring in new commercial or building of public assembly in
Commercial, General Commercial ,or Central Business Districts shall be
required to be in approved raceways.
(B) All electrical wiring in places of public assembly shall be in approved
raceways.
(C) Conductor operating at thirty (30) volts or less may be installed by any
method.
(D) Certain new residential buildings constructed in Commercial, General
Commercial, Central Business District, and Industrial zones need not have
electrical wiring in raceways.
(E) Certain other residential buildings constructed in those zones shall have
electrical wiring in approved raceways.
summary of ORDINANCE NO.640 page 3 of 6
printed March 25, 1994
Chapter 2
Related Duties of Building Inspector
and Coordination with Other Permits
2-2-010: The: Building Inspector shall require the installation of a driveway
approach that provides continuity of drainage and that avoids damage to paving.
2-2-020: PERMITS FROM OTHER AGENCIES:
(A) Prior to issuance of a building permit the Building Inspector shall require
evidence of approval by other government agencies and utilities.
(B) No building permit shall be issued unless simultaneously with sewer and
water connection permits and payment of connection charges.
(C) Sewer service and water connection permits shall expire simultaneously
with the expiration of building permits.
(D) No refund of connection charges after expiration of sewer and water
permits. Construction, or the performance of any service by the City, shall
bar any refunds.
(E) It shall be unlawful to use any utility service to any building or structure
unless the necessary permit covering such installation has been issued.
2-2-030:REGULATIONS RESPECTING DRAINAGE:
(A) The Building Inspector shall review all applications to determine whether
the site is reasonably safe from flooding, and the work free from flooding
other properties. If the area is potentially flood-prone or the development
will potentially contribute to flooding, the proposed construction must:
1. Be designed(or modified) and anchored to prevent floatation
collapse, or lateral movement, and flooding of other properties;
2. Use construction materials and utility equipment that are resistant
to flood damage; and
3. Use construction methods and practices that will minimize flood
damage to the building site and to other properties.
(B) The City Building Inspector shall review subdivision proposals and other
proposed new development to assure that:
1. Such proposals are consistent with minimizing flood damage; and,
2. All public utilities are located, elevated and/or constructed to
minimize or eliminate flood damage.
(C) Water systems and sewage systems to minimize or eliminate infiltration
and 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 page 4 of 6
printed March 25, 1994
2-2-060: Assigns responsibility for planning reports to Zoning
Administrator.
2-2-070: Addresses contents of a planning report.
2-2-080: Addresses procedures for a planning report.
Chapter 3
Administration
2-3-010: The City shall appoint a Building Inspector and other persons
necessary to administrate and implement the application and inspection functions..
The Building Inspector to collect fees and issue permits .
2-3-020: INSPECTIONS
(A) Building Inspector to inspect the construction for compliance with this
Title;
(B) Duty of a permit holder to notify the Building Inspector at least 24 hours
prior to the time of inspection, exclusive of Sundays and holidays, for
inspection at a stipulated time. If 48 hours pass without inspection,
allowed to proceed.
(C) The inspector may in writing waive any inspection. Inspections need not
be made of any work which is subject to inspection by the United States
agencies. Permit holder to submit a copy of the Federal agencies'
inspection report.
2-3-030: Permit issued under this Title expires if work not commenced
within 180 days, or if the work is thereafter suspended or abandoned for 180 days.
Suspended or abandoned work to be recommenced only after the issuance of a
new permit. A building permit,issued by mistake,issued on the basis of incorrect
information supplied, or issued in violation of any Statue,regulation, or provision
of the McCall City Code, if not already void under the terms of the Uniform
Building Code, may be suspended or revoked by written notice to the permittee.
2-3-040: Neither an approval nor a permit is a waiver of any violation of
any law. The City (and its officers or employees) assume no liability for
structural or construction defects.
2-3-050: BUILDING BOARD OF EXAMINERS AND APPEALS:
(A) Building Board of Examiners and Appeals to be the "board of appeals"
specified in Uniform Building Code. The City Council designates itself.
(B) Appeals from Building Official presented first to the Building Standards
Advisory Committee; an appeal from the Advisory Committee to the
Building Board of Examiners and Appeals. Provides further for notice,
hearing, formalities.
2-3-060: Hearings before the Committee and the Board public, quasi-
judicial, employing the rules of evidence. Attorneys permitted, but not required.
Proceedings shall be recorded and recordings made permanent.
2-3-070: Member of the Board of Examiners and Appeals, if acting on a
particular hearing would be a conflict of interest, must withdraw from
participation and abstain from any influence on the Board.
2-3-080: Findings by the Board to be explicit, state the ruling and the
reasons; provides further for procedures.
2-13-090: Appeals from the Board of Examiners and Appeals shall be filed
within ten (10) days , filed and heard as provided by Idaho Code section
summary of ORDNANCE NO.640 page 5 of 6
printed March 25, 1994
•
39-4120. Final decisions by the State Board of Appeals, other than code '
interpretations, are reviewable upon appeal to the District Court in such
form and manner as provided by the Idaho rules of civil procedure.
2-3-100: The City may obtain temporary restraining order and a preliminary
injunction upon affidavit of the Building Inspector that activity does not conform
to this Title. The injunction may be made permanent, by the court.
2-3-110: Any person who willfully violates this Title or the Codes
enumerated, is guilty of a misdemeanor. Fine not more than$300.00, or
imprisonment for not more than 90 days or both. Each building and each day
violation continues a separate offense.
2-3-120 Any person damaged by a violation of this Title or the Codes
enumerated, has a cause of action against the person who committed the violation
and if winning shall be entitled to attorney's fees an court costs.
Section 2. This Ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law.
THE FULL TEXT OF ORDINANCE 640 IS AVAILABLE AT CITY HALL, 216 E.
PARK STREET,McCALL.
STATEMENT OF CITY LEGAL ADVISOR
The foregoing summary is true and complete and provides adequate notice to the public.
City Attorney and Prosecutor
summary of ORDINANCE NO.640 page 6 of 6
printed March 25, 1994
Publisher 's Affidavit of Publication
STATE OF IDAHO
.ss
County of Valley
I, Ramona A. George, being duly sworn and say, I am the receptionist
of The Central Idaho Star-News,a weekly newspaper published at McCall, in
the County of Valley,State of Idaho; that said newspaper is in general
circulation in the county of aforesaid and is a legal newspaper;that the
NOTICE OF RESOLUTION 12-94,a copy of which is enclosed hereto and is a
part hereof,was published in said newspaper once a week for one consecutive
weeks in the regular and entire issue of every number there of during the
period of time of publication,and was published in the newspaper proper and
not in a supplement;and that publication of such notice began May 19, 1994
andinded May 19, 1994.
1/0 AAA t(A A'Nel it
Subscri•ed and sworn before — is th 4 day of May, 1994.
STATE OF IDAHO
COUNTY OF VALLEY
On this 26th day of May, in the year of 1994, before me,a Notary
Public, personally appeared Ramona A. George, known or identified to me to
be the person whose name subscribed to the within instrument,and being by
me first duly sworn,declared that the statements therein are true,and acknowl-
edged to me that she executed the same.
,-- trzZ
• Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
1 Commission Expires: 1999
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