Chapter 15.04 BUILDING CODE

Chapter 15.04
BUILDING CODE

Sections:

15.04.010 International Building Code—Adopted.

15.04.020 International Building Code—Enforcement.

15.04.030 International Building Code—Modification.

15.04.040 International Building Code—Appeals.

15.04.050 International Building Code—Disclaimer.

15.04.060 International Building Code—Violations—Penalties.

15.04.070 Amendments to the International Building Code.

15.04.080 Building permits required.

15.04.090 Building permit fees.

15.04.010 International Building Code—Adopted.

A. The 2009 Edition of the International Building Code, including Appendix Chapters C and I; and appendices thereto, published by the International Code Council, together with the amendments set out in this chapter are designated and shall be known as the Valdez Building Code, and shall constitute the laws of the city relating to commercial building regulation. Although not published in full in this section, all of the provisions of these codes shall be and are adopted by reference to the same extent as if set forth in full herein, except to the extent that they shall be in conflict with this code or any relevant ordinance later adopted in which case the provisions of this code and later ordinances shall prevail.

B. The city clerk is directed to keep on file at least three copies each of the International Building Code, and all appendices thereto published by the International Code Council.

C. It is unlawful for any person to take any action or permit any action to be taken contrary to or in violation of any provisions of the International Building Code.

D. All permits shall be issued with the name of the person who owns the improvement and the name, if another, of the person performing the work. All permits shall be accompanied by plans, diagrams, computations and specifications as required by the building inspector or the building official. All permits shall show the location and nature of the work. All work shall be inspected before it is concealed and without the necessity of removing any covers or obstructions. (Ord. 12-02 § 1 (part))

15.04.020 International Building Code—Enforcement.

The International Building Code shall be enforced by the building department. (Ord. 12-02 § 1 (part))

15.04.030 International Building Code—Modification.

The city council shall have power to modify the provisions of the International Building Code adopted by this chapter. (Ord. 12-02 § 1 (part))

15.04.040 International Building Code—Appeals.

Whenever the building department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code has been misconstrued or wrongly interpreted, the applicant may appeal the decision of the chief building official.

A. Appeal to the Planning and Zoning Commission.

1. Filing Limit. An appeal of the decision of the building official in enforcement of this title may be taken to the planning and zoning commission by the permittee or agent thereof. The written appeal must be filed within fifteen days of the decision of the building official. The appeal must be filed with the office of the city clerk.

2. Report. A report concerning each case appealed to the planning and zoning commission shall be prepared by the building official and filed with the city clerk. Such report shall state the decision and recommendations of the building official together with reasons for the decision and recommendations. All data pertaining to the case shall accompany the report.

3. Stay of Proceedings. The filing of an appeal shall stay all proceedings in the matter until a determination is made by the planning and zoning commission, unless the court issues an enforcement order based on a certificate of imminent peril to life or property.

B. Appeal to the Board of Adjustment.

1. Filing Limit. An appeal from any action or decision of the planning and zoning commission may be taken by the permittee or agent thereof. The appeal shall be in the form of a written statement, and state how the appellant will be affected or aggrieved by the action. The appeal must be filed within ten days of the date of the action or decision by the planning and zoning commission. The notice of appeal must be filed with the city clerk.

2. Report. A report concerning each case appealed to the board of adjustment shall be prepared by the planning and zoning commission and filed with the city clerk. Such report shall state the decision and recommendations of the commission together with reasons for the decision and recommendations. All data pertaining to the case shall accompany the report.

3. Stay of Proceedings. The filing of an appeal shall stay all proceedings in the matter until a determination is made by the board of adjustment, unless the court issues an enforcement order based on a certificate of imminent peril to life or property.

C. Appeal to Superior Court. An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by the permittee or agent thereof, or any officer, commission or board of the city, to the superior court by filing with the court, with a copy to the city clerk, within thirty days from the date of the action appealed from, a notice of appeal which shall specify the grounds of such appeal. Failure to file the notice of appeal in the manner and time specified shall forfeit any right to appeal. The filing of an appeal shall stay all proceedings in the matter until a determination is made by the court, unless the court issues an enforcement order based on a certificate of imminent peril to life or property. (Ord. 12-02 § 1 (part))

15.04.050 International Building Code—Disclaimer.

If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed the ordinance codified in this chapter, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Ord. 12-02 § 1 (part))

15.04.060 International Building Code—Violations—Penalties.

A. Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the code official, or of a permit or certificate used under provisions of this code, shall be punishable by a fine of not more than three hundred dollars. Each ten days that a violation continues after due notice has been served shall be deemed a separate offense.

B. Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than three hundred dollars, in addition to other remedies available by law. (Ord. 12-02 § 1 (part))

15.04.070 Amendments to the International Building Code.

The following amendments are made to the International Building Code, 2009 Edition (references are to section numbers in the International Building Code and appendices thereof):

A. Section 105.1, Permits, is amended by deleting “Any owner or authorized agent” and adding “each individual contractor.”

B. Section 105.5, Expiration, is amended by deleting “180 days” and adding “360 days.”

C. Section 105.8, Responsibility, is amended by adding a subsection to read as follows:

All individuals, businesses, contractors, and other entities doing work within the City of Valdez corporate limits shall have all appropriate state licenses and certificates, and shall be registered to do business within the City of Valdez.

D. Section 109.2, Schedule of Permit Fees, is deleted in its entirety and replaced as follows:

Fees shall be established annually by a resolution of the city council.

E. Section 111.3, Temporary Occupancy, is amended by adding a second paragraph to read as follows:

The following items where applicable must be complete before a certificate of temporary occupancy is issued by the building official:

1) One completed bathroom with lavatory, water closet, tub and/or shower.

2) Sanitary food preparation area, with sink and hot and cold water.

3) Sanitary floors in kitchen and bathrooms.

4) Electrical system completed.

5) Egress windows where required by other parts of the code.

6) Operational heating system.

7) Exterior of building completed.

8) Temporary steps, hand rails and guardrails in place.

F. Section 113.1, General, is deleted and amended to read as follows:

Appeals of decisions of the building official shall be handled in accordance with the appeal process as outlined in Section 15.04.040 of the Valdez Municipal Code.

G. Section 116, Unsafe Structures and Equipment, is amended by adding the following subsection:

116.6 Dangerous Buildings—Definitions

For the purpose of this code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that life, health, property or safety of the public or its occupants are endangered.

1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient size or is not so arranged as to provide safe and adequate means of exit in case of a fire or panic.

2. Whenever the walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structures, purpose or location.

4. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to the extent that the structural strength or stability thereof is materially less that it was before such catastrophe and is less than the minimum requirement of the Building Code for new buildings of similar structures, purpose or location.

5. Whenever any portion or member or appurtenance thereof is likely to fail or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

6. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structures, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings.

7. Whenever any portion thereof has been wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to wind or earthquake than is required in the case of similar new construction.

8. Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse.

9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

10. Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base.

11. Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting members, or 50 percent damage or deterioration of its non-supporting members, enclosing or outside walls or covering.

12. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts.

13. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this jurisdiction, as specified in the Building Code or Housing Codes, or of any law or ordinance of this state or jurisdiction relating to the condition, location or structure of building.

14. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 50 percent, or is in any supporting part, member or portion less than 66 percent (i) strength; (ii) fire-resisting qualities or characteristics; or (iii) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in same location.

15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in such condition that is likely to cause sickness or disease.

16. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire department to be a fire hazard.

17. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or equity jurisprudence.

18. Whenever any portion of a building or structure remains on a site after demolition or destruction of the building or structure; or whenever any building or structure is abandoned for a period in excess thereof; or an attractive nuisance or hazard to the public.

H. Section 508.2.5, Separation of Incidental Accessory Occupancies, is amended by deleting the following: “Exception: Incidental accessory occupancies within and serving a dwelling unit are not required to comply with this section.” and adding the following:

Incidental accessory occupancies serving a dwelling unit shall have a separation limited to materials approved for one-hour fire-resistive construction on the heating equipment side.

I. Section 719, Thermal and Sound Insulation Materials, is amended by adding the following:

719.8 Wall insulation on basement and foundation walls below grade shall be insulated on the outside to provide a minimum thermal resistance of R-10. Exposed insulation shall be protected from the elements and shall be waterproof.

J. Section 1209.2, Attic Spaces, is amended by adding the following:

Attic access shall not be located in a room containing bathroom facilities.

K. Table 1809.7 is amended by adding the following as Footnote (i):

The minimum reinforcing for continuous concrete or masonry foundations or concrete piers shall be grade 40 #4 reinforcing bars. Porches, entrances, terraces, carports and garage footings attached to main structures shall extend not less than the minimum depth of the foundation specified in Table No. 1809.7 as amended.

L. Table No. 1809.7, Prescriptive Footings Supporting Walls of Light-Frame Construction, is deleted and amended to read as follows:

Table No. 1809.7 Prescriptive Footings Supporting Walls of Light Frame Construction
Number of Stories	Thickness of Foundation Wall (Inches)		Width of Footings (Inches)	Thickness of Footings (Inches)	Depth of Foundation Below Natural Surface and Finished Grade (Inches)
	Concrete	Masonry
1	8	8	16	8	42
2	8	8	16	8	42
Over 2	Must be designed	Must be designed	Must be designed	Must be designed	Must be designed

M. Table 1809.7, Footings supporting walls of light-frame construction, is further amended by adding footnotes f, g and h to read as follows:

(f) Continuous concrete footings and foundation depth below grade for unattached, unoccupied, accessory structures must be designed to adequately resist overturning due to wind pressure. Such footings shall be a minimum of 14" wide by 8" deep, with a total foundation depth of not less than 20 inches from finish grade to bottom of footing.

(g) One story wood or metal-framed buildings not used for human occupancy and 200 square feet or less in floor area may be constructed with walls supported on wood plates when approved by the building official.

(h) Post and beam support footings and foundations shall be designed by a licensed architect or engineer, registered in Alaska.

N. Section 1807.1.6.1, Foundation Wall Thickness, is amended by adding a second paragraph to read as follows:

Unless an architect or civil engineer, registered in Alaska, designs the building and stress calculations that are furnished for review with the plans, the minimum foundation requirements for stud bearing walls shall be those set forth in Table 1807.1.6.2 Concrete Foundation Walls.

O. Section 2308.9.8, Pipes in Walls, is amended by adding a second paragraph as follows:

Plumbing walls having waste and vent piping passing through the studs shall be of 2" x 6" construction.

P. Section 3103, Temporary structures, is amended by adding subsections as follows:

3103.5 Temporary structures

Buildings, structures, sheds, canopies, reviewing stands, or fences used for the protection of the public around and in conjunction with a construction project may be erected by special permission from the building official for the duration of said project. Structures may be erected without meeting all requirements for permanent structures, but must meet the following conditions:

(a) When a building permit has been issued for new construction or remodeling, a permit for a barricade fence or construction shack will not be required.

(b) The structure shall comply with the side, front and back yard setbacks and separation distances from adjacent building as provided by Title 17 of the Valdez Municipal Code, but in no case less than 10 feet.

(c) All structures shall meet structural requirements in regard to type of materials, span, and stresses as determined to be safe by the building official.

(d) The structures and all associated materials must be removed from the site at the completion of the project. The site shall be returned to a nuisance free condition.

3103.6 Seasonal use structures

Sales stalls, carnivals, fairs and assembly pavilions or tents, including such structures as tent frames and attending support structures such as decks, boardwalks, light poles, and plumbing/mechanical and electrical installations, may be erected by special permit from the building official for a period of 180 days. Seasonal use structures may be erected without meeting all requirements for permanent structures, but must meet the following conditions:

(a) Seasonal use structures will be limited to group A-2 (with a maximum occupancy of less than 50), B and M type occupancies and located in the central business district, commercial business district, or light industrial zoning districts.

(b) The structure shall not exceed one story in height.

(d) Seasonal activities with seating areas must provide temporary or permanent toilet facilities as required by the Uniform Plumbing Code.

(e) Seasonal use structures shall meet structural requirements in regard to type of materials, spans and stresses as determined to be safe by the building official.

(f) Seasonal use structures shall be a minimum of 10 feet from front, sides and rear property lines and adjacent structures, and comply with Chapter 24 of International Fire Code.

(g) Seasonal use structures shall be removed from the premises when the permit expires and the site shall be left clean and nuisance-free and returned to its original condition.

(h) If required, a permit shall be obtained from the State Fire Marshal.

3103.7 Permit applications

The application for a seasonal use structure permit shall include:

(a) Property owner’s name, mailing address and contact phone number.

(b) Legal description of the proposed site with a plot plan showing the proposed location of the structure on the premises, location of any existing structures, and location of any existing or proposed parking areas.

(d) All required fees and cash bonds.

3103.8 Fees

The fee structure shall be determined by resolution of the city council.

3103.9 Cash bonds

(a) For all seasonal use structures, prior to permit approval, the applicant shall post a bond with the City of Valdez. The bond shall be in the form of cash or certified check in the amount of $500 payable to the City of Valdez.

(b) If the applicant for a seasonal use structure has also posted a $500 bond with the City for an Itinerant Vendor Permit, the bond for a seasonal use structure shall be waived.

(1) Upon removal of the seasonal use structure by the applicant and compliance with all terms of this section, the bond will be returned in full to the applicant.

(2) Thirty (30) days after receipt of notice from the building official to the property owner or applicant of failure to comply with the terms of the permit, the bond shall be forfeited at the applicant’s sole expense with the funds to be used by the City of Valdez to bring the property into compliance. If such cost exceeds the $500, applicant is responsible for additional cost.

(Ord. 12-02 § 1 (part))

15.04.080 Building permits required.

A. A permit and inspection shall be required for all building work performed, except where the work is confined to the incidental replacement or repair; but such exception shall not include any extensions or changing the characteristics of any structure, either in whole or in part.

B. A permit shall not be issued to any person in violation of any city, state or federal law.

C. All permits shall be issued in the name of the person who owns the improvement, and the name, if another, of the person performing the work. All permits for new construction and remodeling that substantially change the characteristics of a structure shall be accompanied by plans, diagrams, computations and specifications prepared by the contractor, engineer or other designer approved by the building official. All permits shall show the location and the nature of the work. All work shall be inspected before it is concealed and without the necessity of removing any covers or obstructions.

D. Any structure or portion thereof deemed unsafe by the building official because of wear, damage, neglect, defects or hazardous location shall, upon written notice from the building official, be repaired, replaced or altered in accordance with this chapter upon receipt of such notice. (Ord. 12-02 § 1 (part))

15.04.090 Building permit fees.

A. Fees shall be established by resolution of the city council.

B. Where work for which a permit is required by this chapter is started or proceeded with prior to obtaining such permit, the fees specified by resolution shall be doubled.

C. When extra inspections are made necessary because of life safety issues, or otherwise through fault or error on the part of the holder of the permit, or on the part of his employees, contractors, or agents thereof after notice has been given in writing by the building inspector setting forth the violation, additional fees may be assessed, and will be established by resolution of the city council. (Ord. 12-02 § 1 (part))