Chapter 15.06
RESIDENTIAL CODE
Sections:
15.06.010 International Residential Code—Adopted.
15.06.020 International Residential Code—Enforcement.
15.06.030 International Residential Code—Modification.
15.06.040 International Residential Code—Appeals.
15.06.050 International Residential Code—Disclaimer.
15.06.060 International Residential Code—Violations—Penalties.
15.06.070 Amendments to the International Residential Code.
15.06.080 Residential permits required.
15.06.090 Residential permit fees.
15.06.010 International Residential Code—Adopted.
A. The 2009 Edition of the International Residential Code, including Appendix Chapters E, G, H and J; 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 Residential Code, and shall constitute the laws of the city relating to residential 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 Residential 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 Residential 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. 12-03 § 1 (part))
15.06.020 International Residential Code—Enforcement.
The International Residential Code shall be enforced by the building department. (Ord. 12-03 § 1 (part))
15.06.030 International Residential Code—Modification.
The city council shall have power to modify the provisions of the International Residential Code adopted by this chapter. (Ord. 12-03 § 1 (part))
15.06.040 International Residential 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. 12-03 § 1 (part))
15.06.050 International Residential 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. 12-03 § 1 (part))
15.06.060 International Residential 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. 12-03 § 1 (part))
15.06.070 Amendments to the International Residential Code.
The following amendments are made to the International Residential Code, 2009 Edition (references are to section numbers in the International Residential Code and appendices thereof):
A. Section R105.1, Permits, is amended by deleting “Any owner or authorized agent” and submitting with “Each individual contractor.”
B. Section R105.5, Expiration, is amended by deleting “180 days” and adding “360 days.”
C. Section R105.8, 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 be registered to do business within the City of Valdez.
D. Section 108.2, 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 R110.4, 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 R112.1, 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 15.06.040 of the Valdez Municipal Code.
G. Section 302.3, Two-Family Dwellings, is amended by adding the following exception:
3. Wall assembly in the crawl space of two-family dwellings or occupancies of unit separation shall be 1 hour construction from footing or foundation to underside of floor above in accordance with ASTME 119.
H. Section R302.5.1, Opening protection, is amended by adding a third sentence to read as follows:
Doors shall be self-closing and have smoke gaskets at top and sides of door and an adjustable threshold or sweep.
I. Section R302.6, Dwelling/garage fire separation, is amended by deleting it in its entirety and adding the following:
A garage shall be separated from the residence and its attic area with a one-hour occupancy separation. The occupancy separation may be limited to the installation of approved materials approved for one-hour fire resistance construction on the garage side only. 5/8-type X gypsum wall board will be considered adequate protection for one-hour construction on the garage side at the rated walls and ceiling. All plastic pipe such as condensate lines, vacuum lines, drain lines, waste lines, and vent lines require an approved tested fire collar. Metal pipe penetrations are required to be filled with gypsum wallboard compound or other approved material. Fire dampers need not be installed in air ducts passing through the wall, floor, or ceiling, separating the garage from the dwelling, provided such ducts within the garage are constructed of steel having a thickness of not less than 0.019 inch [0.48 mm] [No. 26 galvanized sheet gauge] and have no openings into the garage. Access to a crawlspace from a garage shall meet the minimum requirements of self-closing, tight fitting, solid wood door measuring 1-3/8 inches or greater in thickness, or equivalent laminated plywood or combination plywood and 5/8 type X gypsum wallboard or a 20 minute approved door assembly.
J. Table R302.6, Dwelling/Garage Separation, is amended by changing 1/2-inch to 5/8-inch where 1/2-inch is indicated.
K. Section R314.8, Under stair protection, is amended by deleting “1/2 inch fire rated gypsum board” and adding “5/8-inch gypsum board.”
L. Section R319, Site Address, is amended by changing 4 inches to 5 inches and adding an exception:
Exception: Address characters may be affixed to a sign or post located adjacent to the street or road from which the building is addressed. Buildings located 150 feet or more from the edge of the street or road shall provide roadside address characters. The address characters may be affixed to either a sign or post. The roadside address characters shall be less than 25 feet from the edge of the road. The fire department may approve alternative signage.
M. Section R403, Footings, is amended by adding a second paragraph to read as follows:
The minimum reinforcing for continuous concrete or masonry foundation 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.1806.2, Presumptive Load Bearing Values (2009 IBC) as amended.
N. Section R506.2.4, Reinforcement support, is amended by adding a second paragraph to read as follows:
All four (4) inch nominal thick concrete slabs supported directly on the ground shall be reinforced with a minimum of 6"x6" number 10 gage welded wire mesh or grade 40 #4 reinforcing bars placed at 18 inches on center each way in the center half of the depth of the concrete.
O. Section R601.3, Vapor Retarders, is amended by deleting it and adding as follows:
All exterior wall, ceiling, roof and floor assemblies, which enclose heated spaces and which are exposed to outdoor ambient temperatures shall be protected against water vapor transmission. Assemblies not otherwise of impermeable construction shall have installed, on the heated side of the insulation or air space, vapor retarders having a perm rating of 0.06 minimum (equivalent to 6 mils polyethylene sheeting) or other materials approved by the building official.
P. Section R807.1, Attic Access, is amended by adding a paragraph to read as follows:
Attic access shall not be located in a room containing bathing facilities.
Q. Section R905.2.7.1, Ice Barrier, is amended by deleting “of at least two layers of underlayment cemented together or.”
R. Section R905.3.3.1, Low Slope Roofs, is amended by deleting “underlayment shall be a minimum of two layers of underlayment applies as follows” and adding “underlayment shall be ice and water shield covering the entire roof.”
S. Part VIII (Electrical), Chapters 34 through 43 are deleted in entirety. (Ord. 12-03 § 1 (part))
15.06.080 Residential permits required.
A. A permit and inspection shall be required for all residential 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. 12-03 § 1 (part))
15.06.090 Residential 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. 12-03 § 1 (part))