Chapter 15.05 BUILDING CODES

The purpose of this chapter is to provide certain minimum standards and requirements to safeguard life or 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 in the city, except as specifically exempted by this chapter. [Ord. 63 § 1, 1976.]

15.05.020 Short title.

This chapter shall be known as the Donnelly building code of 1976. [Ord. 63 § 2, 1976.]

15.05.030 Scope – Exemptions.

A. The provisions of this chapter shall apply to all buildings and construction within the incorporated limits of Donnelly, 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 exempt from this chapter 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, ventilating, 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 Idaho Code, Section 39-4105(16), shall be exempt from this chapter, except for such temporary facilities which are classified as a manufactured building under the provisions of Idaho Code, Section 39-4121, and/or a commercial coach under the provisions of Idaho Code, Section 39-4122.

D. Farms, as defined in Idaho Code, Section 39-4105(19), shall be exempt from this chapter except for any structure which is classified as a manufactured building under the provisions of Idaho Code, Section 39-4121, and/or a commercial coach under the provisions of Idaho Code, Section 39-4122, or a mobile home under the provisions of Chapter 40 of Title 39 of the Idaho Code. [Ord. 63 § 3, 1976.]

15.05.040 Definitions.

As used in this chapter, the terms defined in this section shall have the following meanings unless the context clearly indicates another meaning:

“Building” means a 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 all equipment therein normally a part of the structure.

“Building inspector” means the person so designated by the Donnelly city council who shall be deemed to be the “building official” designated by the Uniform Building Code.

“Building site” means 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” means 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” means 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.

“Construction” means the erection, fabrication, reconstruction, demolition, alteration, conversion, or repair of a building (other than in kind), or the installation of equipment therein normally a part of the structure.

“Equipment” means facilities or installations including, but not limited to, heating, ventilating, air conditioning, and refrigerating facilities or installations, and elevators, dumbwaiters, escalators, boilers and pressure vessels and ski lifts, but not including telecommunications facilities.

“Farm” means an agricultural unit of five acres or more.

“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.

“Local government” means the city of Donnelly, Idaho.

“Manufactured building” means any building which is of closed construction 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.

“Manufactured home” (formerly “mobile home”) means a structure, constructed according to HUD/FHA mobile home construction and safety standards, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or is 40 body feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under 42 USC 5401 et seq.

“Mobile home” is a manufactured home constructed prior to June 15, 1976.

“Person” means a natural person, corporation, partnership, trust, society, club, association, or other organization.

“Telecommunications facilities” means 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.

“Temporary facility” means 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. 159 § 2(1), 2001; Ord. 63 § 4, 1976.]

15.05.050 Adoption of codes.

The following codes, except as herein amended, are hereby adopted for all areas within the incorporated limits of Donnelly, Idaho:

A. The International Building Code, current edition, and all appendices thereto.

B. The International Residential Code, Parts I through IV and IX, current edition, and all appendices thereto.

C. The International Energy Conservation Code, current edition, and all appendices thereto.

D. Chapter 22 of Title 44 of the Idaho Code and Idaho Code, Section 44-2501 et seq., relating to manufactured homes.

E. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials.

F. American Standard Specifications for Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped, current edition, published by the American National Standards Institute.

G. University of Idaho Publications, “Ground and Roof Snow Loads for Idaho,” 1986.

H. Elevators, Dumbwaiters, Escalators and Moving Walks, ANSI A17.1-1996, and ANSI A17.1b-1973, published by the American National Standards Institute.

I. The International Mechanical Code, 2000 Edition, published by the International Conference of Building Officials and International Association of Plumbing and Mechanical Officials.

J. The International Fire Code, current edition, published by the Building Officials and Code Administrators International, Inc.

K. Idaho Manufactured Homes Installation Standard of July 1, 2000 (IMHS).

L. Idaho Standards for Public Works Construction (ISPWC), current edition, together with any amendments, changes, modifications, appendices or successor codes thereto.

M. City of Donnelly permit to excavate in public right-of-way and certificate of completion, including fee set by resolution. [Ord. 177 § 1, 2005; Ord. 160 § 1, 2002; Ord. 63 § 5, 1976.]

15.05.060 Amendments.

A. As such codes enumerated in DCC 15.05.050 are amended, changed or altered, such amendments, changes and alterations may be adopted by resolution.

B. The codes listed in DCC 15.05.050 are hereby adopted by the city of Donnelly to provide for the regulations set forth herein and to provide for the issuance of permits and collection of fees therefor. Said documents are on file in the office of the city clerk and are hereby made a part hereof by reference in the same manner as though fully set forth in this chapter, notwithstanding any existing conflicting section contained in the Donnelly City Code which by the adoption is hereby repealed.

C. If any portion of this chapter should be found to be unconstitutional or unenforceable for any reason, the remainder of this chapter shall remain in force. [Ord. 177 § 2, 2005.]

15.05.070 Amendments to International Building Code.

The International Building Code enumerated in DCC 15.05.050 is hereby amended in the following respects:

A. Building Permits. Section 105 of the International Building Code, current edition, shall be modified by adding the following:

An existing historically significant residence may be relocated onto a new site within the City of Donnelly. Electrical, Plumbing, & Mechanical systems shall meet all current codes. Structural damage, if any, shall be filed with the deed stating the building may not meet current roof loads. The foundation shall conform to Subsection B of this section.

An application for permit to locate a Mobile/Manufactured/Modular Home on a site within the City of Donnelly shall be filed with a fee set by Resolution per structure and two copies of a site plan and foundation plan, and shall bear the stamp of a registered Architect or Engineer in the State of Idaho. Single section Mobile/Manufactured/Modular Homes may be permitted only in established Mobile/Manufactured Home Parks. Multi-sectional Manufactured/Modular Homes may be located in any residential lot with the conditions they are built to HUD or UBC standards; have standard residential type siding and roof materials; and are placed on a permanent foundation with axles and tongues removed. All Manufactured/Mobile Homes shall be installed in accordance with the Idaho Manufactured Installation Standards and shall be inspected. The Homeowner of a Mobile/Manufactured/Modular Home which does not meet roof loads adopted by the City of Donnelly, shall sign a statement acknowledging said deficiency, and shall file said statement with the Valley County Recorder’s Office prior to issuance of an occupancy permit by the Building Official. The Permit for a permanently sited Manufactured Home shall have an additional fee set by Resolution and shall be built in accordance with the Idaho Manufactured Installation Standards and shall be inspected by the building official.

An application for permit to locate a pre-engineered modular building on a site within the City of Donnelly shall be filed with a fee set by Resolution along with two copies of site, foundation, and structural plans, and shall bear the stamp of a registered Architect or Engineer in the State of Idaho. An additional fee set by Resolution shall be charged for a permanent foundation which shall be inspected. All pre-engineered modular buildings shall meet roof loads specified by this ordinance.

An Application for permit for a modular building located for temporary use as defined in the zoning ordinance, shall be filled with the City of Donnelly with a fee set by Resolution, and shall be installed in accordance with manufacturer’s written instructions which shall be filed with the Building Official at the time of application. Electrical, Plumbing, & Mechanical systems shall meet all current codes.

B. The following exception shall be added to Section 106.3.2:

Exception: Foundations for Manufactured Homes shall be built in accordance with the Idaho Manufactured Installation Standards, and shall be inspected by the building official.

C. Snow Loads. Section 1608 shall be modified to include the Basic Ground Snow Load, Pg, to be 110 pounds per square foot, and the Minimum Roof Snow Load, Pf, to be 100 pounds per square foot. [Ord. 177 § 3, 2005; Ord. 160 § 3, 2002; Ord. 63 § 7, 1976.]

15.05.080 Copies.

The city clerk shall maintain, for reference by the public, copies of the foregoing codes. [Ord. 177 § 4, 2005; Ord. 160 § 4, 2002.]

15.05.090 Fire zones.

For this application of rules and regulations included in said codes those areas of the city of Donnelly now or hereafter zoned as commercial “C” zone and industrial “D” zone shall be deemed to be in Fire Zone 2 as defined by the Uniform Building Code and all other areas of the city shall be deemed to be in Fire Zone 3 as defined by said Uniform Building Code. [Ord. 63 § 9, 1976.]

15.05.100 Approaches to city roads and state highways.

The building inspector shall require the installation of a driveway approach to the city streets or state highway that provides continuity of drainage along the right-of-way as required by the city superintendent. [Ord. 63 § 10, 1976.]

15.05.110 Permits from other agencies.

Prior to the issuance of a building permit the building inspector shall require evidence of approval by other governmental agencies to install:

A. Electric service;

B. Water system;

C. Sewer system;

D. Plumbing system;

E. Mechanical heating system; and

F. Approach to state highway, if applicable. [Ord. 63 § 11, 1976.]

15.05.120 Permits required.

It shall be unlawful for any person, firm, copartnership, association or corporation to do, or cause or permit to be done, after the adoption of this chapter, 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 chapter, including the installation of mobile/manufactured homes, in the city of Donnelly without first procuring a permit authorizing such work to be done.

The initial permit fees for the installation of mobile/manufactured homes, including the required inspection by the city building inspector, shall be governed by the present provisions governing building permit fees generally. In the future building permit fees shall be reviewed from time to time by the city and modified by resolution duly promulgated following public hearing as required by law. [Ord. 159 § 2(2), (3), 2001; Ord. 63 § 12, 1976.]

15.05.130 Zoning and site development.

No building permit shall be issued or authorized unless the work or project is in compliance with zoning and/or site development ordinances of the county, provided such zoning and/or site development is not in conflict with the codes herein enumerated. [Ord. 63 § 13, 1976.]

15.05.140 Unlawful to energize without permit.

It shall be unlawful for any person, firm, or corporation to connect or energize any electrical installation or any other utility service to any building or structure coming under the provisions of this chapter unless the necessary permit covering such installation has been issued. [Ord. 63 § 14, 1976.]

15.05.150 Expiration, suspension and revocation of permits.

Each permit issued under this chapter shall expire if the work or building authorized by the permit is not commenced within 60 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 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 statute, regulation, or provision of this code, may be suspended or revoked by written notice to the permittee. [Ord. 63 § 15, 1976.]

15.05.160 Administration.

The city of Donnelly shall establish a building department and appoint a building inspector and such other persons necessary to administer and implement the application and inspection functions required by this Uniform Building Code. The building inspector shall collect building permit fees and issue such permits upon approval of the application therefor. [Ord. 63 § 16, 1976.]

15.05.170 Inspection.

A. It shall be the duty of the building inspector to inspect the construction of all buildings and structures covered by this chapter for compliance with the design plans and for conformity to the Uniform Building Code of 1976.

B. It shall be the duty of a permit holder to notify the building inspector at least 12 hours prior to the time of inspection, exclusive of Sundays and holidays, that he will be ready for inspection at a stipulated time. He will request an inspector to perform the inspection within 24 hours of the stipulated time for the inspection and shall, after said 24 hours without being 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 waive any inspection of a permit holder in writing. Inspections shall not be 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 official a copy of the federal agencies’ inspection report within 72 hours of receipt of such inspection report.

D. Section 304(d) paragraph 3, “Lath or Wallboard Inspection,” is deleted.

E. It shall be the duty of the building inspector to inspect the installation of manufactured homes within the city’s jurisdiction to ensure compliance with the provisions of the Idaho Manufactured Home Installation Standard, including but not limited to the verification that the work is performed by a licensed installer as provided by such standard. [Ord. 159 § 2(4), 2001; Ord. 63 § 17, 1976.]

15.05.180 Limitation of responsibility.

Neither an approval nor a permit granted shall constitute permission or authority, or be interpreted as a waiver, for violation of any statute, ordinance or regulation. Neither the city of Donnelly nor its officers or employees shall assume liability for structural or construction defects through the administration or enforcement of this chapter. [Ord. 63 § 18, 1976.]

15.05.190 Board of appeals established.

The city council of Donnelly, Valley County, Idaho, does hereby establish itself as a board of appeals to rule on the refusal of the building inspector to authorize the issuance of a building permit hereunder and to rule on problems concerning regulatory building codes. This board will not act upon matters pertaining to electrical and plumbing questions or any other matters reserved to the state of Idaho, as provided by Chapter 41 of Title 39 of the Idaho Code. The building inspector shall be a nonvoting, ex officio member and may act as secretary. [Ord. 63 § 19, 1976.]

15.05.200 Hearings.

Hearings before 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 Idaho Code, Sections 39-4107(3) and 39-4120, 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. [Ord. 63 § 20, 1976.]

15.05.210 Conflict of interest.

If a member of the board should find that acting on a particular hearing before them would result in a conflict of interest, he must absent himself from said hearings. He 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. [Ord. 63 § 21, 1976.]

15.05.220 Findings.

Findings by the board 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 shall render all decisions and findings in writing to the appropriate enforcement official and agency, the appellant, and the state Director of Labor and Industrial Services within 10 days of close of hearing. [Ord. 63 § 22, 1976.]

15.05.230 Appeals.

A. Appeals from the local board of appeals herein established shall be filed within 10 days after mailing of notice of decision by the local appeals board. The appeal will be filed and heard as empowered by Idaho Code, Section 39-4120 (State Board of Appeals). Appeals shall be brought before the said State Board of Appeals by persons 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 local appeals board, if any, as provided for in Idaho Code, Section 39-4119. Final decisions by the said 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 decisions shall be in such form and manner as provided by the Idaho Rules of Civil Procedure. [Ord. 63 § 23, 1976.]

15.05.240 Injunction – Affidavit setting out nonconformity.

The city may obtain from a district court having jurisdiction a temporary injunction enjoining the construction of a building or installation of manufactured buildings on any building site upon affidavit of the department that such building does not conform to the requirements of this chapter or to the rules and regulations adopted pursuant to this chapter or any other 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. [Ord. 63 § 24, 1976.]

15.05.250 Violations misdemeanors.

A. Any person who wilfully violates any provision of this chapter, or who wilfully violates any provision of the codes enumerated herein, is guilty of a misdemeanor and, upon conviction, shall be fined not more than $300.00, or imprisoned for not more than 90 days, or both such fine and imprisonment.

B. A separate violation is deemed to have occurred with respect to each building not in compliance with this chapter. Each day such violation continues constitutes a separate offense. [Ord. 63 § 25, 1976.]

15.05.260 Violation – Penalty.

Any violation of DCC 15.05.050, 15.05.060, 15.05.070 or 15.05.080 or any violation of any code adopted by DCC 15.05.050, 15.05.060, 15.05.070 or 15.05.080 shall be a misdemeanor and shall be punishable in accordance with the general misdemeanor statutes of the state of Idaho. [Ord. 177 § 7, 2005.]

15.05.270 Civil action.

Notwithstanding any other remedies available, any person in an individual capacity damaged as a result of a violation of this chapter or the codes enumerated herein or promulgated pursuant to this chapter 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. 63 § 26, 1976.]