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HomeMy WebLinkAboutORD 2852 BILL NO. 37 ORDINANCE NO. 2852 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL ADOPTING A NEW ARTICLE 19 TO CHAPTER 12 OF THE CALDWELL CITY CODE, COMPOSED OF SECTIONS 12-19-01 THROUGH 12-19-13, INCLUSIVE, PROVIDING THE MECHANISM AND PROCEDURE FOR APPEALS OF DECISIONS OF PERSONS IN THE BUILDING DEPARTMENT AND OF THE BUILDING OFFICIAL; DELETING CHAPTER 2, ARTICLE 15, SECTION 02-15-07, IN ITS ENTIRETY; RENUMBERING CHAPTER 2, ARTICLE 15, SECTION 02-15-09 TO BECOME CHAPTER 2, ARTICLE 15, SECTION 02-15-07, AND DELETING UNNECESSARY LANGUAGE FOUND THEREIN; AMENDING CHAPTER 12, ARTICLE 1, SECTION 12-01-01, TO REFERENCE THE 2009 INTERNATIONAL BUILDING, RESIDENTIAL AND ENERGY CONSERVATION CODES; FINDING THAT GOOD CAUSE EXISTS FOR AMENDING THE INTERNATIONAL BUILDING AND RESIDENTIAL CODES AND THAT SUCH AMENDMENTS ARE REASONABLY NECESSARY; AMENDING CHAPTER 12, ARTICLE 1, SECTION 12-01-21, RELATING TO AMENDMENTS TO THE ADOPTED INTERNATIONAL BUILDING AND RESIDENTIAL CODES; AMENDING CHAPTER 12, ARTICLE 14, SECTION 12-13-01, TO REFERENCE THE 2009 INTERNATIONAL MECHANICAL AND FUEL GAS CODES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and City Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1: That a new Article 19 to Chapter 12 of the Caldwell City Code, to be entitled "Appeals," is hereby enacted, passed and adopted, composed of sections 12-19-01 through 12-19-13 inclusive, as follows: Article 19 APPEALS Section 12-19-01: PURPOSE: The purpose of this section is to establish an Appeals Board to hear appeals to any decisions of the Building Official in his administration of duties set forth in Chapter 12 of the Caldwell City Code. However, if a decision of the Building Official is made pursuant to an adopted international, model or uniform code, which code contains its own appellate procedures, such procedures shall be followed in the appeal of that decision, in lieu of those set forth herein. Nevertheless, any appeals board created under an international, model or uniform code shall look to this section for guidance and PAGEl supplementation concerning appellate rules and procedure, to the extent this Article is not inconsistent with said international, model or uniform code. Section 12-19-03: BOARD OF BUILDING APPEALS ESTABLISHED: There is hereby created the board of building appeals, hereinafter called the board, an administrative office of the city. The board shall consist of five members, appointed by the mayor with the approval of the city council. No city officer or employee shall serve on the board. In making appointments the mayor shall consider integrity, impartiality and knowledge of building construction or other related fields. Section 12-19-05: POWERS OF THE BOARD; STANDARD OF REVIEW: The board shall have the power to hear appeals from decisions of the Building Official. In all cases, the decision of the Building Official shall be affirmed, unless the board finds that the decision was arbitrary, capricious or an abuse of discretion unsupported by the evidence presented to and/or considered by the Building Official. The board shall not have the authority to waive any requirements of the City Code, including any international, uniform or model codes adopted by reference therein. Section 12-19-07: TERMS; OFFICERS: Members of the board shall serve for five-year terms, provided that the persons first appointed shall serve for one, two, three, four and five-year terms so one term will expire each year. Terms will start on the date the initial five members are officially appointed. The board shall select from among its members a chair, vice-chair and secretary. Section 12-19-09: SERVICES AND SUPPLIES: The city clerk shall assign office help and provide supplies for the work of the board, as necessary. Section 12-19-11: NO COMPENSATION: Members of the board shall serve without pay. Members may be reimbursed for their expenses. Section 12-19-13: APPEAL PROCEDURE: Any person aggrieved by any decision of any person or persons in the building department may appeal in the manner provided in this section. (a) Appeal to Building Official: Within ten working days of the decision complained of, the person making the appeal shall file a written notice of appeal to the Building Official. The notice of appeal may be filed by delivering it to the Page 2 Building Official. The Building Official shall decide the appeal within ten working days if no hearing is requested. If the person taking the appeal asks for a hearing, the building official shall schedule an informal hearing, with three days notice by telephone or mail to the person taking the appeal. If there is a hearing the building official will make his decision within ten days after said hearing is held. If the decision complained of was made by the Building Official, the appellant may proceed to subsection (c) below and direct his or her appeal directly to the Appeals Board. (b) Written decisions: All decisions of the building official under this section shall be in writing. (c) Appeal to Appeals Board: Any person aggrieved by a decision of the building official hereunder may, within ten working days of the decision, appeal to the Building Appeals Board. The appeal shall be started by filing a written petition with the City Clerk, requesting a hearing of the appeal setting forth the particular section of the Code involved and a detailed statement of the grounds and reasons why the decision made should be modified or vacated. A ten ($10.00) dollar filing fee shall be submitted with the petition for appeal to cover administrative costs and shall be made payable to the City and directed to the City Clerk. Failure to file a timely written petition as required herein shall constitute a waiver of the right to appeal and the decision of the Building Official shall constitute a final determination. (d) Schedule of Hearing. Upon receipt of a timely filed written petition with the City Clerk, and the appropriate filing fee, the City Clerk shall promptly notify the chairperson of the Board and the Building Official of the appeal. The City Clerk shall arrange a time and place for hearing on the appeal. Written notification of the time, place and nature of the hearing shall be given to the petitioner and the Board members within ten (10) days after the petition is filed with the City Clerk. Hearing shall be scheduled no later than thirty (30) days after the date on which the petition was filed and may be extended for a reasonable period by the chairperson upon written request of the petitioner or Building Official, for good cause shown. If a petitioner fails to appear at a scheduled hearing of his or her appeal, the Board may proceed with the hearing and make a decision in the absence of the petitioner. (e) Referral to other Boards: If the dispute appears to be under the jurisdiction of any other board or commission, the secretary of the board shall suggest to the person filing the appeal that he may apply for relief from such other board or commission. The Appeals Board may defer action while such other board is studying the action. The Board may, on its own motion, refer any appeal to any such board, deferring action until the other board reaches a decision. (f) Hearing Procedures:Page 3 1. The hearing shall be open to the public and shall be recorded either by mechanical or manual means. Opportunity shall be afforded all parties to respond and present evidence and argument on all issued involved. Parties may represent themselves or may be represented by legal counsel.2. Irrelevant, immaterial or unduly repetitious evidence may be excluded. A finding shall be based upon the kind of evidence on which reasonable prudent persons are accustomed to rely for the conduct of their serious affairs, and may be based upon such evidence even if it would be inadmissible in a court of law. The Appeals Board shall give effect to the rules of privilege recognized by law. Objections to the evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be required to be submitted in verified written form. 3. Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original, if available. 4. Witnesses at the hearing, or available persons whose testimony has been submitted in written form, shall be subject to cross-examination by any party as necessary for a full and true disclosure of the facts. 5. The Board's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence. 6. The chairperson of the Board or his or her designee shall conduct the hearing and have power to administer oaths. The Board may cause subpoenas to be issued for such witnesses and the production of such books and papers as either party may designate. The subpoenas may be signed by the chairperson of the Board. 7. No hearing shall be valid unless a majority of the Board is present and no decision at the hearing shall be valid and binding unless reached by a majority of all members of the Board. (g) Prompt Decisions: If the matter is not referred to another board, the Appeals Board shall announce its decision within 20 working days of the date of the hearing before the Board. (h) Appeal to the City Council: (1) Any party aggrieved by a decision of any person or persons in the building department made in the administration of the duties of the Page 4 Building Official set forth in Chapter 12 of the Caldwell City Code, after appealing said decision to the Building Official and, thereafter, to the Building Appeals Board, may subsequently appeal said decision to the City Council by filing a written notice of such appeal with the City Clerk within ten (10) days of the date of the decision of the Building Appeals Board. (2) The City Council will conduct a public hearing at the next regularly scheduled Council meeting, following receipt of the appeal, provided that a notice period of at least fifteen (15) days be provided prior to said hearing. If there is not sufficient time for allowing said notice then the public hearing will be held at the first regularly scheduled Council meeting which will allow for a fifteen (15) day notice of hearing. (3) The public hearing shall be conducted in accordance with the provisions of the Idaho Administrative Procedures Act, Idaho Code, sections 67-5201, et seq. (4) The decision of the City Council as to the appeal shall be be a final decision. (5) A party aggrieved by the appeal decision may seek judicial review in the District Court of the Third Judicial District within twentyeight (28) days of the issuance of the appeal decision by the City Council. Section 2: That Chapter 2, Article 15, Section 02-15-07, of the Caldwell City Code, entitled "Board of Adjustment," be deleted in its entirety. Section 3: That Chapter 2, Article 15, Section 02-15-09, of the Caldwell City Code, be renumbered to become Chapter 2, Article 15, Section 02-15-07, and be amended as follows: 02-15-0902-15-07: REFERENCE TO PLANNING AND/OR ZONING COMMISSION: All reference to planning and/or zoning commissions contained in the municipal code of the city of Caldwell from and after date of passage and approval of the act be shall be interpreted to refer to the planning and zoning commission herein created. Section 4: That Chapter 12, Article 1, Section 12-01-01, of the Caldwell City Code, entitled "Code Adoption," be amended as follows: 12-01-01: CODE ADOPTION: All the rules, regulations and ordinances of a general and permanent character relating and applying to and regulating the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area of buildings or structures as said rules, regulations and ordinances are printed and contained in code book form designated and Page 5 entitled "3006 2009 ilnternational bBuilding eCode" (IBC) as published by the International Code Council, including Appendix B thereto, entitled, "Board of Appeals"; the "2006 2009 ilnternational ^Residential eCode" parts I through IV, VI, VIII and IX (IRC) as published by the International Code Council; and the "3006 2009 ilnternational ©Energy eConservation eCode" as published by the International Code Council; shall run concurrent with the adoption of said codes by the state of Idaho; be and the same hereby ratified and adopted as the building code, and energy code of Caldwell city and as ratified and adopted shall be the rules and regulations and ordinances governing the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, height, and area of buildings or structures within the city of Caldwell. Section 5: That the City Council, following proper notice and hearing as required by Idaho Code § 39-4116(4)(b), has found that good cause exists exists for amending the International Building Code and International Residential Code as set forth in Section 6 below, and that such amendments are reasonably necessary. Section 6: That Chapter 12, Article 1, Section 12-01-21, of the Caldwell City Code, entitled "Amendments to the International Building Code and International Residential Code," be amended as follows (note that those amendments found below, which were amendments to previously adopted International Building and Residential Codes, are being retained and newly adopted as amendments to the 2009 versions of the International Building and Residential Codes adopted above, though some have been altered and others deleted, as reflected): 12-01-21: AMENDMENTS TO THE INTERNATIONAL BUILDING CODE AND INTERNATIONAL RESIDENTIAL CODE: (a)_Exemptions: Agricultural buildings are exempt from the building codes adopted herein but shall remain subject to placement requirements established by zoning regulations. (L Section 101.1, "Title" These regulations shall be known as the building code of the city of Caldwell, hereinafter referred to as "this code." (cLIRC Section 101.1, "Title". These provisions shall be known as the Residential Ceode for Oene-and Ttwo-family Ddwellings of the Ceity of CaldwelU and shall be cited as such and will be referred to herein as "this code." £d)_IBC Section 101.4.1, "Electrical" is deleted and repealed in its entirety. £e)_IBC Section 101.4.4, "Plumbing" is deleted and repealed in its entirety. (D_IBC Section 101.4.5, "Property Maintenance" is deleted and repealed along with all references to the international property maintenance code throughout the IBC and IRC. Page 6 IBC/IRC Section 103.1, "Creation Of Building Safety" is amended to read as follows: The department of building safety is hereby created and the official in charge thereof shall be known as the building official. (g)_IBC/IRC Section 103.2, "Appointment" is deleted and repealed in its entirety. {h)_IRC Section Rl04.10.1, "Areas Prone To Flooding" is amended to read as follows: The building official shall not grant modifications to any provisions related to areas prone to flooding established by table R301.2(1) without review and approval by the Caldwell city floodplain administrator. {illBC Section 105.1.1, "Annual Permit" is deleted and repealed in its entirety. (j) IBC Section 105.1.2, "Annual Permit Records" is deleted and repealed in its entirety. (k)_IBC/IRC Section 105.2, "Subsections On Electrical And Plumbing" the subsections therein entitled "Electrical" and "Plumbing" are deleted and repealed in their entirety. IRC Section R 105.2, "Work Exempt From Permit" is amended to read as follows: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: 1. Decks not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by section R31 \A of the international residential code. 2. One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet. IRC Section 105.3.1.1, "Determination Of Substantially Improved Or Substantially Damaged Existing Buildings In Flood Hazard Areas" is amended to read as follows: For applications for reconstruction, rehabilitation, addition, or other improvement of existing buildings or structures located in an area prone to flooding as established by table R301.2(1), the Caldwell city floodplain administrator shall examine or cause to be examined the construction documents of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its pre damage condition. All substantially improved or reconstruction of existing structures shall be made in accordance with the Caldwell city floodplain ordinance. (1}_IBC/IRC Section 105.3.2, "Time Limitation Of Application" is amended to read; applications for permit shall be considered abandoned after 180 days from the filing date. Page 7 The building official may discard any abandoned application, plans or documents without the granting of an extension when no efforts to contact the building department have been exercised by the applicant. £m)_IBC/IRC Section 106.5, "Retention Of Construction Documents" is deleted and repealed in its entirety. £nIIBC Section 4Q&4109.4: IRC Section R108.6. is amended to read as follows: Work commencing before permit issuance. Any person who commences any work on a building or structure before obtaining the necessary permit, shall be subject to an investigation fee in the amount established by the building official up to quadruple of the permit fee. Investigation fees shall be in addition to the required permit fee. IBC/IRC Section 111.1, "Connection To Service Utilities" io amended to read as follows: A final inspection and approval is required upon completion and prior to occupancy and use of all buildings and structures. Lack of building official approval may result in the termination of utility services to said building or structure and prosecution under IBC section 113.3. Section 1156, "Unsafe Structures And Equipment" is deleted and repealed in its entirety. (p) IRC Section R202 definition for "Townhouse" is amended to read as follows: TOWNHOUSE is a single family dwelling unit constructed in a row of attached units separated by property lines and with open space on at least 2 sides. Table R301.2(l) is amended to read as follows: TABLE R301.2(l) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Ground Snow Load 20psf Wind Design Speed (mph) d 90 Topo graphic effects k No Seismic Design Category f B Subject To Damage From Weathering a Severe Frost Line Depth b 24" Termite c StoM Winter Design Temp e 10°F Ice Shield Underlayment h NO Flood Hazard g Flood Plain Ord. as of 3-28-84 and FIRM maps as currently adopted. Air Freezing Index i 838 Mean Annual Temp j 51.8 Page 8 For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate", or "severe") for concrete as determined from the weathering probability map [figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C34, C55, C62, C73, C90, C129, C145, C216orC652. b. The frost line depth may require deeper footings than indicated in figure R403.1(l). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [figure R301.2(4)]. Wind exposure category shall be determined on a site-specific basis in accordance with section R301.2.1.4. e. The outdoor design dry-bulb temperature shall be selected from the columns of 97 V2 percent values for winter from appendix D of the international plumbing code. Deviations from the appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from section R301.2.2.1. g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the national flood insurance program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs, or other flood hazard map adopted by the community authority having jurisdiction, as maybe amended. h. In accordance with sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1, and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "yes". Otherwise, the jurisdiction shall fill in this part of the table with "no". i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from figure R403.3(2) or from the 100-year (99%) value on the national climatic data center data table "air freezing index -USA method (base 32° Fahrenheit)" at www.ncdc.noaa.gov/fpsf.html. j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the national climate data center data table "air freezing index -USA method (base 32° Fahrenheit)" at www.ncdc.noaa.gov/fpsf.html. k. In accordance with section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects. the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. IRC Section R302.5.1. "Opening Protection." is amended to read as follows: Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with solid Page 9 wood doors not less than 13/8 inches (35 mm) in thickness, solid or honeycomb core steel doors not less than 13/8 inches (35 mm) thick, or 20-minute fire-rated doors. These doors shall be provided with 2 self-closing hinges or one closing device capable of closing the door to a latching point. (r)_IRC Section R309^R302.6, "Dwelling/Garage Fire Separation" is amended to read as follows: The private garage shall be separated from the residence and its attic area by means of minimum 5/g inch type X gypsum board applied to garage side. Door openings between the garage and residence, shall be equipped with either solid wood doors not less than \H% inches thick, solid or honeycomb core steel doors not less than j-3/g inches thick or 20 minute fire rated doors that are labeled by an approved agency. These doors shall be provided with 2 self closing hinges or one closing device capable of closing the door to a latching point. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. IRC Section R311.4.3, "Landings At Doors" Exception 1, is amended to read; each side of all exterior doors shall be provided with a landing, except that the inside of garages need not have a landing as long as the door does not swing over the steps. {s}_IRC Section R402.1, "Wood Foundations" is amended to read; Wood foundation systems shall be designed by a licensed architect or engineer, licensed in the state of Idaho, and designed and installed perin accordance with the provisions of this code. IBC Section 1608.2, "Ground Snow Loads" is amended to read as follows: The ground snow load to be used in determining the design snow loads for the city of Caldwell shall bo20psf(pg). IBC section 1612 "Flood Loads" is deleted and repealed in its entirety. Section 7: That Chapter 12, Article 13, Section 12-13-01, of the Caldwell City Code, entitled "Adoption of International Mechanical Code and Fuel Gas Code," be amended to read as follows: 12-13-01: ADOPTION OF INTERNATIONAL MECHANICAL CODE AND FUEL GAS GAS CODE: There is hereby adopted for the purpose of establishing rules and regulations for heating, ventilation and air conditioning in buildings that certain mechanical code known as the ilnternational mMechanical eCode, 2006 2009 edition, and the ilnternational fFuel gGas eCode, 2006 2009 edition, copies of which are on file in the office of the building official. Section 8: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 9: This ordinance shall be in full force and in effect from and after its passage, approval and publication, according to law. Page 10 Section 10: This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 20th of December, 2010. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 20th of December, 2010. ATTEST: Mayor Garret L. Nancolas City Clerk 0 PAGE 11