[Ord. No. 726, 11-14-1989; Ord. No. 769, 9-13-1994]
The regulations contained in the State Building Code adopted
under N.D.C.C. § 54-21.3-03 are hereby adopted as the regulations
governing the construction, alteration, moving, demolition, repair
and use of buildings and other structures within the jurisdiction
of the City of Williston, North Dakota; and it shall be unlawful to
erect, construct, alter, move, demolish, repair or use any building
or structure within the jurisdiction of the City in violation of,
or without complying with the appropriate provisions of said regulations.
Copies of such code shall be kept on file in the City Auditor's
office for inspection and three copies shall be furnished to the City
Building Official.
[Ord. No. 726, 11-14-1989]
(1) Wherever the word "municipality" is used in the building code adopted
in this article, it shall be held to mean the City of Williston, North
Dakota.
(2) Wherever the term "corporate counsel" is used in the building code,
it shall be held to mean the attorney for the City of Williston, North
Dakota.
[Ord. No. 997-A §§ 1-5, 5-27-2014]
(a) Section 105.2 Work exempt from permit be amended, and as amended
be enacted as follows:
Sec. 105.2. Work exempt from permit.
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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:
Building:
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1.
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One-story detached accessory structures used as tool and storage
sheds, playhouses and similar uses, provided the floor area is not
greater than 120 square feet (11 m2).
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2.
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Fences not over 8.5 feet in height.
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3.
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Oil derricks.
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4.
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Retaining walls that are not over four feet (1,219 mm) in height
measured from the bottom of the footing to the top of the wall, unless
supporting a surcharge or impounding Class I, II or IIIA liquids.
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5.
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Water tanks supported directly on grade if the capacity is not
greater than 5,000 gallons (18,925 L) and the ratio of height to diameter
or width is not greater than 2:1.
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6.
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Sidewalks and driveways.
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7.
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Painting, papering, tiling, carpeting, cabinets, counter tops
and similar finish work.
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8.
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Temporary motion picture, television and theater stage sets
and scenery.
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9.
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Prefabricated swimming pools accessory to a Group R-3 occupancy
that are less than 24 inches (610 mm) deep, are not greater than 5,000
gallons (18,925 L) and are installed entirely above ground.
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10.
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Shade cloth structures constructed for nursery or agricultural
purposes, not including service systems.
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11.
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Swings and other playground equipment accessory to detached
one- and two-family dwellings.
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12.
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Window awnings in Group R-3 and U occupancies, supported by
an exterior wall that do not project more than 54 inches (1,372 mm)
from the exterior wall and do not require additional support.
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13.
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Nonfixed and movable fixtures, cases, racks, counters and partitions
not over five feet nine inches (1,753 mm) in height.
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(b) Section
107.3.1 Approval of construction documents be amended, and as amended
be enacted as follows:
Sec. 107.3.1. Approval of construction documents.
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When the building official issues a permit, the
construction documents shall be approved, in writing or by stamp,
as "Reviewed for Code Compliance." One set of construction documents
so reviewed shall be retained by the building official. The other
set shall be returned to the applicant, shall be kept at the site
of work and shall be open to inspection by the building official or
a duly authorized representative.
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(c) Section
406.3.4 Separation, be added, and as added be enacted as follows:
Sec. 406.3.4. Separation.
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Separations shall comply with the following:
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1. The private garage shall be separated from the
dwelling unit and its attic area by means of gypsum board, not less
than 1/2 inch (12.7 mm) in thickness, applied to the garage side.
Garages beneath habitable rooms shall be separated from all habitable
rooms above by not less than a 5/8-inch (15.9 mm) Type X gypsum board
or equivalent and 1/2-inch (12.7 mm) gypsum board applied to structures
supporting the separation from habitable rooms above the garage. Door
openings between a private garage and the dwelling unit shall be equipped
with either solid wood doors or solid or honeycomb core steel doors
not less than 13/8 inches (34.9 mm) in thickness, or doors in compliance
with Section 716.5.3 with a fire protection rating of not less than
20 minutes. Openings from a private garage directly into a room used
for sleeping purposes shall not be permitted. Doors shall be self-closing
and self-latching.
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(d) Section
1510 Reroofing be added, and as added be enacted as follows:
Sec. 1510. Reroofing.
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The City of Williston adopts and incorporates Appendix
N of the 2012 International Building Code into the City's Building
Code.
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(e) Section
3109 Swimming Pool Enclosures and Safety Devices be added, and as
added be enacted as follows:
Sec. 3109. Swimming pool enclosures and safety devices
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The City of Williston adopts and incorporates Appendix
O of the 2012 International Building Code into the City's Building
Code.
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[Ord. No. 997-B §§ 1-5, 5-27-2014]
(a) Section R105.2 Work exempt from permit be amended, and as amended
be enacted as follows:
Sec. R105.2. Work exempt from permit.
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Permits shall not be required for the following. Exemption 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.
Building:
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1. One-story detached accessory structures used as tool and
storage sheds, playhouses and similar uses, provided the floor area
does not exceed 120 square feet (18.58 m2).
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2. Fences not over 8.5 feet (2,134 mm) high.
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3. Retaining walls that are not over four feet (1,219 mm) in
height measured from the bottom of the footing to the top of the wall,
unless supporting a surcharge.
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4. Water tanks supported directly upon grade if the capacity
does not exceed 5,000 gallons (18,927 L) and the ratio of height to
diameter or width does not exceed two to one.
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5. Sidewalks and driveways.
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6. Painting, papering, tiling, carpeting, cabinets, counter
tops and similar finish work.
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7. Prefabricated swimming pools that are less than 24 inches
(610 mm) deep.
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8. Swings and other playground equipment.
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9. Window awnings supported by an exterior wall which do not
project more than 54 inches (1,372 mm) from the exterior wall and
do not require additional support.
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10. Decks not exceeding 200 square feet (18.58 m2) in area, that are not more than 30 inches (762 mm)
above grade at any point, are not attached to a dwelling and do not
serve the exit door required by Section R311.4.
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(b) Section 302.5.1 Opening protection be amended, and as amended
be enacted as follows:
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Sec. 302.5.1. Opening protection.
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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 wood doors not less
than 13/8 inches (35 mm) in thickness, solid or honeycomb-core steel
doors not less than 13/8 (35 mm) thick, or twenty-minute fire-rated
doors, equipped with self-closing device.
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(c) Section R312.1.1 Where required be added, and as added be
enacted as follows:
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Sec. R312.1.1. Where required.
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Guards shall be located along open-sided walking surfaces, including
stairs, ramps, and landings that are located more than 30 inches (762
mm) measured vertically to the floor or grade below at any point within
36 inches (914 mm) horizontally to the edge of the open side. Insect
screening shall not be considered as a guard.
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(d) Section R403.1.4.1 Frost protection be added, and as added
be enacted as follows:
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Sec. R403.1.4.1. Frost protection.
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Except where otherwise protected from frost, foundation walls,
piers and other permanent supports of buildings and structures shall
be protected from frost by one or more of the following methods:
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1. Extended below the frost line specified in Table R301.2.(1);
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2. Constructing in accordance with Section R403.3;
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3. Constructing in accordance with ASCE 32; or
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4. Erected on solid rock.
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Exceptions:
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1. Protection of freestanding accessory structures with an area
of 600 square feet (56 m2) or less, of
light-frame construction, with an eave height of 10 feet (3,048 mm)
or less shall not be required.
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2. Protection of freestanding accessory structures with an area
of 400 square feet (37 m2) or less, of
other than light-frame construction, with an eave height of 10 feet
(3,048 mm) or less shall not be required.
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3. Decks not supported by a dwelling need not be provided with
footings that extend below the frost line. Footings shall not bear
on frozen soil unless the frozen condition is permanent.
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(e) Section R907 Reroofing be added, and as added be enacted
as follows:
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Sec. R907. Reroofing.
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The City of Williston hereby adopts Appendix R of the 2012 I.R.C.
in its entirety.
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[Ord. No. 726, 11-14-1989; Ord. No. 836, 8-8-2000]
(1) The office of the City Building Official is hereby created, and the
executive official in charge shall be known as the City Building Official.
(2) The City Building Official shall be appointed by the Board of City
Commissioners.
(3) During the temporary absence or disability of the City Building Official,
the appointing authority shall designate an acting City Building Official.
[Ord. No. 72, 11-14-1989]
To be eligible to appointment, the candidate for the position
of City Building Official shall have qualifications acceptable to
the Board of City Commissioners, preferably with experience as an
architect, structural engineer, building official, or superintendent
of building construction. He shall be in good health and physically
capable of making the necessary examinations and inspections. He shall
not have any interest whatever, directly or indirectly, in the sale
or manufacture of any material, process or device, entering into or
used in or in connection with building construction, alterations removal
and demolition.
[Ord. No. 726, 11-14-1989; Ord. No. 812, 4-13-1999]
(1) The City Building Official shall devote adequate time to the duties
of his office. He shall receive applications required by this code,
issue permits and furnish the prescribed certificates. He shall examine
premises for which permits have been issued and shall make necessary
inspections to see that the provisions of law are complied with and
that construction is prosecuted safely. He shall enforce all provisions
of the building code. He shall, when requested by proper authority,
or when the public so requires, make investigations in connection
with matters referred to in the building code and render written reports
on the same. To enforce compliance with law, to remove illegal or
unsafe conditions, to secure the necessary safeguards during construction
or to require adequate exit facilities in buildings and structures,
he shall issue notices or orders as may be necessary.
(2) Inspections required under the provisions of the building code shall
be made by the City Building Official or his duly appointed assistant.
The City Building Official may accept reports of inspectors of recognized
inspection services, after investigation of their qualifications and
reliability. No certificate called for by any provision of the building
code shall be issued on such reports unless the same are in writing
and certified to by a responsible officer of such service.
(3) The City Building Official shall keep comprehensive records of applications,
of permits issued, of certificates issued or inspections made, or
reports rendered, and of notices or orders issued. He shall retain
on file copies of required plans and all documents relating to building
work so long as any part of the building or structure to which they
relate may be in existence.
(4) All such records shall be open to public inspection for good and
sufficient reasons at the stated office hours, but shall not be removed
from the office of the City Building Official without his written
consent.
(5) The City Building Official shall make written reports to his immediate
superior once each month, or more often if required, including statements
of permits and certificates issued and orders promulgated.
(6) The City Building Official shall also serve as plumbing inspector,
if no other provisions for a plumbing inspector are made.
[Ord. No. 726, 11-14-1989]
In order to provide for adequate ingress and egress to streets,
open spaces for light and air, avoid congestion of population, provide
for traffic, utilities, access of fire-fighting apparatus and improve
the public health, safety and general welfare of the jurisdiction
of the City, it is hereby declared necessary to require certain requisites
for issuance of a building permit.
[Ord. No. 726, 11-14-1989]
(a) The City Building Official shall issue building permits only to persons
licensed and bonded as contractors by the State of North Dakota.
(1) Prior to the issuance of any building permit, the contractor shall
file with the City Building Official a copy of the contractor's
license or renewal which includes the class of license held by the
contractor, and the date on which the license was issued or renewed.
(2) The City Building Official shall further require the contractor to
show proof of liability insurance in the sum of at least $100,000
for injury or death to one person and $300,000 for injury or death
for more than one person in any accident and $100,000 for property
damage in any one accident arising out of the operation of the applicant's
business.
Nothing in this section shall prohibit the City Building Official
from issuing a building permit to any person owning property for work
on his own property.
[Ord. No. 726, 11-14-1989; Ord. No. 822, 3-28-2000]
No permit nor any amendment thereof as required by the building
code shall be issued until the prescribed fee has been paid or suitable
arrangements have been made for payment. No permit shall be issued
to any contractor who has an amount overdue for prior permits. The
procedures for billing permits shall be adopted by the City Building
Official and require that any contractor who does not pay for a permit
at the time it is picked up will have 30 days to pay the invoice for
all permits issued to such contractor. The fee for any permit shall
be established by resolution by the Board of City Commissioners. The
building official shall have the right to refuse to charge to any
contractor who has failed in the past to make full payment of a properly
billed permit fee within 30 days of such billing being sent.
[Ord. No. 726, 11-14-1989]
The provisions of this article are hereby declared to be cumulative
and supplemental to existing ordinances, and in interpreting and applying
the provisions of this article, they shall be held to be the minimum
for the promotion of the public safety, health, convenience, comfort,
prosperity and general welfare, and such provisions are intended to
be cumulative and supplemental to the zoning ordinances and other
ordinances of the City relating to the use of buildings or premises,
and shall not interfere with, abrogate or annul any easements, covenants
or agreements between parties, and wherever the provisions of this
chapter impose greater restrictions as to use, or require stricter
building requirements that those required by the zoning ordinance,
or other ordinances, the provisions of this article shall control.
[Ord. No. 726, 11-14-1989]
Wherever in the building regulations it is provided that anything
must be done to the approval of, or subject to the direction of the
City Building Official or any other officer of the City, this shall
be construed to give such officer only the discretion of determining
whether the rules and standards established by ordinance have been
complied with; no such provision shall be construed as giving any
officer discretionary powers as to what such regulations or standards
shall be, or power to require conditions not prescribed by ordinance
or to enforce ordinance provisions in an arbitrary or discriminatory
manner.
[Ord. No. 726, 11-14-1989; Ord. No. 812, 4-13-1999; Ord. No. 863, 2-11-2003]
All work on the construction, alteration and repair of buildings
and other structures shall be performed in a good, workmanlike manner
according to accepted standards and practices in the trade. The provisions
of the State Building Code as adopted by the State of North Dakota
shall be considered to be standard and acceptable practice for all
matters concerning building construction not otherwise provided for
by ordinance.
[Ord. No. 726, 11-14-1989; Ord. No. 863, 2-11-2003]
It shall be unlawful to construct any building or structure,
other than a fence, in the jurisdiction of the City where the cost
of such construction exceeds $2,000, or to alter or remodel any building
or structure so as to change the bearing walls, beams, supports, without
having first secured a permit therefor, or in violation of the terms
of such permit or in violation of the terms of this article. Notwithstanding
this section, all work on commercial buildings and replacement or
relocation of required exits requires a permit.
[Ord. No. 726, 11-14-1989]
The administration and enforcement of the building code shall
include the "jurisdictional area" within which the City has zoning
jurisdiction under the provisions of Chapter 40-47, and Chapter 40-48
of the North Dakota Century Code.
[Ord. No. 726, 11-14-1989; Ord. No. 863, 2-11-2003]
The provisions of the State Building Code may be amended, supplemented,
added to and modified; this article shall be implemented by and may
be amended by rules promulgated by the State of North Dakota Construction
Superintendent, pursuant to the authority vested in him through Section
54-21-193.03 of the North Dakota Century Code, and by subsequent amendments
approved by the membership of the International Code Council, provided
that copies of any such amendments, rules promulgated, and modifications
shall be kept on file in the City Auditor's office for inspection
and provided further that three copies shall be furnished to the building
official.
[Ord. No. 726, 11-14-1989; Ord. No. 863, 2-11-2003]
(a) Section
5-11 of this Code adopting a building code shall be amended to include the following regulations:
(1) Metal buildings shall have straight sidewalks, which are erected
at a 90° angle to the building foundation.
(2) All siding on metal buildings shall be colored by using a manufactured
process.
(3) All metal buildings shall have a minimum wind load of at least 80
miles per hour wind load and a minimum live roof load of at least
30 pounds per square foot.
[Ord. No. 726, 11-14-1989]
(1) All submittals for plan examination of monolithic slabs for buildings
or structures, and for the alteration of a permanent structure which
requires changes in foundation loads and distribution, shall have
the soil types and bearing capacities and foundations shown on the
plans. Sufficient records and data to establish the soil character,
nature and load-bearing capacity shall be available to the department
upon request.
(2) Bearing capacity of soil shall be determined by one of the following
methods:
a. Verified. The soil shall be subjected to field or laboratory tests
to determine its bearing capacity. A report certified by a registered
architect or registered professional engineer, shall be available
to the department upon request.
b. Presumptive.
1. The type of soil under buildings shall be assigned a value not exceeding
the bearing capacity, in pounds per square foot, as specified by Table
I. The type of soil shall be determined by exploration made at or
adjacent to the site. The actual loading of the soil shall not exceed
the specified bearing capacity unless verified by a written report
[as explained in paragraph (a) above].
Table I
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Presumptive Soil Bearing Values
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Type of Soil
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PSF
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1.
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Wet soft clay; very loose silt; silty clay
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Verified method Ind 53.21(1)
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2.
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Loose fine sand; medium clay; loose sandy clay soils
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2,000
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3.
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Stiff clay; firm inorganic silt
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3,000
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4.
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Medium (firm) sand; loose sandy gravel; firm sandy clay soils;
hard dry clay
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4,000
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5.
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Dense sand and gravel; very compact mixture of clay, sand and
gravel
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6,000
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6.
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Rock
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12,000
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2. The presumed soil bearing values shall be confirmed by exploring
the type of soil to a depth of at least five feet below the footings
during or before construction. The designer shall submit a report
of confirmation to the department upon request.
3. Where the bearing materials directly under a foundation overlie a
stratum having smaller allowable bearing values, such smaller values
shall not be exceeded at the level of such stratum.
(3) No foundation of buildings or structures shall be placed upon unprepared
fill material, organic soil, alluvial soil or mud unless evidence
has been presented to the department showing that the proposed load
will be adequately supported. This evidence shall be in the form of
a written report and shall be based on soil analyses, load tests or
other acceptable criteria.
(4) Frost penetration.
a. Footings and foundations shall be placed below the frost penetration
level, but in no case less than 50 inches below adjacent ground. Such
footings shall not be placed over frozen material.
b. Exceptions.
1. The edges of monolithic slabs constructed on grade need not be installed
below the minimum frost penetration line provided adequate measures
have been taken to prevent frost forces from damaging the structure.
2. Grade beams need not be installed to the minimum frost penetration
line, provided adequate measures are taken to prevent frost forces
from damaging the structure.
[Ord. No. 810, 4-28-1998; Ord. No. 863, 2-11-2003; amended 5-13-2019 by Ord. No. 1103]
(1) All group child-care homes licensed as of December 31, 1997, shall
be allowed to continue to have up to 30 children in the day-care home
as long as it remains licensed by the State of North Dakota. The City
of Williston Building Official shall have the authority to require
any reasonable modification necessary to provide for the safety of
children in such homes, but such homes need not meet all the State
Building Code E Occupancy Requirements.
(2) Effective January 1, 1998, any newly licensed group child-care homes
shall comply with the E Occupancy Requirement of the State Building
Code as amended or as hereafter may be amended to conform to local
needs.
(3) The State Building Code is hereby amended to provide minimum requirements
for family child care and group child-care facilities being provided
for and housed in existing residential-type occupancies:
a. Interior finish of walls must be a minimum of one-half-inch gypsum.
Ceilings shall have a flame spread rating of not greater than Class
I (0-25) for required vertical exits and passways.
b. Draperies, hangings and other decorative materials suspended from
walls or ceilings shall be noncombustible or flame resistant. The
permissible amount of flame-resistant decorative wall hangings shall
not exceed 10% of the total wall and ceiling area.
c. Maximum floor area allowances per occupant must meet all state requirements.
d. Exits shall meet the following requirements:
1. All required exits shall be located so as to be discernible and accessible,
with unobstructed access to lead directly to the street or area of
refuge that will not be obstructed or impaired by fire, smoke or other
cause.
2. Exterior exit doors must be a minimum of 36 inches.
3. For 13 or more children, every floor area shall be provided with
two independent exits, to be as remote from each other as practical.
4. Passageways, aisles and corridors shall have a minimum width of 36
inches, unless the occupant load is 50 or more, in which case the
minimum width shall be 44 inches.
5. All exit corridors shall be enclosed in fire separation walls having
a fire resistant rating of one hour when serving an occupant load
greater than 30.
6. Each egress door shall be readily openable from the side from which
egress is to be made, without the use of a key or special knowledge.
7. Interior exit stairways shall not be less than 36 inches wide; and
steps shall have a maximum of eight-inch rise and a minimum four-inch
rise and a minimum nine-inch tread. Stairs shall have guards and handrails
on one side. These stairways are for occupancies of 50 or less.
8. Exit signs shall be installed according to the local Building Codes.
e. All facilities shall be provided with one fire extinguisher for each
floor.
f. Automatic smoke detectors shall be installed in all sleeping rooms,
furnace and mechanical rooms and hallways.
g. Nineteen or more children in a home day care shall follow local city
codes under Group E occupancy.
h. All sleeping rooms must have at least one escape window meeting egress
codes.
i. In basement application, the furnace or equipment room must be of
one-hour separation with a fire-rated door.