(a) The codes
listed below and all revisions thereto are hereby adopted and incorporated
as fully as if set forth at length herein, save and except such portions
as may hereinafter be amended, and not less than two (2) copies of
said codes have been and are now filed at the offices of the city,
and from the date on which this section shall take effect, the provisions
therein shall be controlling in the construction, alteration, repair,
equipment, use and occupancy, location, and maintenance of all buildings
and structures within the area of jurisdiction of the city.
(b) Regulations
adopted in article I shall be applicable to all articles within this
chapter.
(c) Codes
adopted by the city:
(1) 2018
International Building Code (IBC).
(2) 2017
National Electrical Code (NEC).
(3) 2018
International Fuel Gas Code (IFGC).
(4) 2018
International Mechanical Code (IMC).
(5) 2018
International Property Maintenance Code (IPMC).
(6) 2018
International Plumbing Code (IPC).
(7) 2018
International Energy Conservation Code (IECC).
(8) 2018
International Residential Code (IRC).
(9) 2018
International Existing Building Code (IEBC).
(10) 2018
International Swimming Pool and Spa Code (ISPSC).
(11) 2018
International Fire Code (IFC).
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-19-036, sec. 1, adopted 9/19/19; Ordinance O-21-029 adopted 10/21/21)
(a) Permits
shall be issued for all work as required by the adopted codes.
(b) The city
council shall set, by resolution, fees for permits under this chapter
at their sole discretion.
(c) Permits
issued for lawful construction shall be null and void if such construction
has been abandoned for a period of one hundred eighty (180) or more
days.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)
A qualified building official shall serve as chief combination
inspector and chief code official. Any designated combination inspectors,
herby referred to as code officials, must be qualified professionals;
must be of good moral character and business integrity; and must maintain
applicable International Code Council inspector certifications and
licenses as required by best practices or state law. The building
official shall be responsible for interpretations and enforcement
of the adopted building codes.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)
The building official and any designated combination inspectors
during their tenure of office shall not be engaged in the business
of building, plumbing, electrical or any other type of construction
contracting or any branch of the construction business either directly
or indirectly or have such financial interest in such business within
the city. It shall be prohibited for any employee engaged in inspection
activities to inspect his/her own work or any work performed by an
entity in which they have a financial interest.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)
The building standards commission is hereby appointed the board
of appeals for any appeal of a decision by the building official or
variance requested from the adopted building codes.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)
The board of appeals shall meet at the call of the building
official.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)
Any permit holder, whose work has been denied or rejected by
the inspector, and a controversy has arisen as to whether the work
conforms to the ordinances and regulations, or a person who has been
ordered by the inspector to incur an expense in the alteration, repair
or construction of any building, may, within fifteen (15) days thereafter
appeal therefrom by giving to the inspector notice in writing of such
an appeal; such notice or a certified copy thereof shall at once be
transmitted by the inspector to the board of appeals. After notice
to such persons as the board may direct, a hearing shall be had, and
the board may by a majority vote affirm, annul or modify such action
of the inspector. If the action of the inspector is affirmed, such
action shall have full force and effect. If the action of the inspector
is modified or annulled a permit shall be issued accordingly.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)
If an applicant is dissatisfied with the decision of the board
of appeals, he shall have the right of final appeal to the governing
body, whose judgment as to all matters involved shall be final.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)
The provisions of this chapter shall not be construed to relieve
from or to lessen the responsibility of any person performing work
within the scope of these adopted codes for damage or injury to any
person or property, nor shall it be construed to impose on the city
any liability by reason of the inspection herein provided for or by
reason of any certificate issued hereafter.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)
Any person, who has acquired the necessary permits from the
building official, may perform work on a property or premises where
the person has a homestead exemption, provided that the material and
equipment used and the work that is done are in strict accord with
the rules and regulations of this article and that the inspector’s
approval be obtained upon inspection in regular order. The property
owner must actually perform the work and no person other than the
actual owner shall do any part of the work unless the other person
is fully licensed and in full compliance with all the provisions of
this article.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)
The building official shall keep complete records of all permits
issued and inspections made.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)
Upon the completion of all work which has been authorized by
issuance of a permit, it shall be the duty of the permit holder to
notify the inspector, who shall inspect the installation promptly
after such notice is given; and, if it is found to be fully in compliance
with the provisions of this chapter, they shall issue to such person
a final certificate of approval authorizing occupancy of the building
or structure. When a certificate is issued authorizing the use of
temporary work, such certificate shall be issued to expire at a stated
time and shall be revocable by the inspector at his discretion. A
preliminary certificate may be issued authorizing the use of certain
specified portions of an uncompleted project, which preliminary certificate
shall be revocable at the discretion of the inspector. No certificate
of occupancy shall be issued unless all work has been inspected and
is in strict conformity with the provisions of this chapter and the
statutes of the state.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)
When any part of a building system is to be hidden from view
by the permanent placement of parts of the building, the person installing
any concealed building systems shall so notify the inspector and such
parts of the installation shall not be concealed until they have been
inspected or approved.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)
If upon inspection of any building system, the building system
is found to not be fully in compliance with this article, the inspector
shall at once forward to the permit holder, a notice stating the defects
which have been found to exist.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)
The inspector shall periodically make a thorough reinspection
of the installation of all permitted work; and when any permitted
work completed has been found to be in a dangerous or unsafe condition,
the persons owning, using, or operating the same shall be so notified
in writing by the inspector and shall make the necessary repairs or
change required for such work to be in a safe condition and have such
work completed within fifteen (15) days or any longer period specified
by the inspector in said notice. The inspector is hereby empowered
to disconnect or order the discontinuance of utility services to such
structure, building, or systems so found to be defectively or improperly
constructed or installed until such work have been made safe as directed
by the inspector.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)
Prior to requesting a final inspection on new residential home
construction, the entire permeable landscape is required to have landscape
grass established. The entire permeable landscape area shall have
sod installed and/or hydro mulching completed at all disturbed permeable
areas where site grades were established on site, and/or where existing
landscape grasses are not established or were damaged during construction.
(Ordinance O-21-029 adopted 10/21/21)
The owner (“declarant”) of real properties requiring
storm water detention systems are required to complete the city standard
form agreement for maintenance of storm detention systems. The owner
(“declarant”) is required to complete the agreement prior
to requesting the final inspection.
(Ordinance O-21-029 adopted 10/21/21)
It shall be unlawful for any plumber, electrician, or mechanical
installer to perform any work that requires a permit within the city,
without first obtaining a license from the state to engage in electrical,
plumbing, or mechanical work and practice. Licensed tradesman must
be the permit holders for any work required to be completed by a licensed
tradesman.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)
(a) The provisions
of the building codes, and local amendments thereto, shall supersede
other ordinances, codes or regulations to the extent that such laws,
ordinances, codes or regulations are inconsistent with the provisions
of said codes; provided, that nothing herein contained shall be construed
to prevent the adoption and enforcement of a law, ordinance, or regulation
which is more restrictive or establishes a higher standard than those
provided in the building codes, and such more restrictive requirement
or higher standard shall govern during the period in which it is in
effect.
(b) In a
case where a provision of the building codes is found to be in conflict
with a provision of a zoning, building, electrical, plumbing, fire,
safety, health, water supply or sewage disposal law or ordinance,
or regulation adopted pursuant thereto, or other ordinance, code or
regulation, the provision or requirement which is more restrictive
or establishes the higher standard shall prevail.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)
(a) Installations,
alterations and repairs to commercial or residential premises, manufactured
homes, materials, assemblies, and equipment utilized in connection
therewith, shall be reasonably safe to persons and property, and in
conformity with applicable ordinances of the city and orders, rules
and regulations issued by the authority thereof.
(b) Except as otherwise provided in this article, conformity of installations, alterations and repairs of commercial or residential premises, manufactured homes, materials, assemblies, and equipment utilized in connection with such buildings and structures, with the applicable requirements of the building codes adopted in chapter
6, shall be prima facie evidence that such work, materials, assembly or equipment is reasonably safe to persons and property.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)
It is hereby declared that the several provisions of the building
codes are separable, in accordance with the following:
(1) If any
court of competent jurisdiction shall judge any provisions thereof
to be invalid, such judgment shall not affect any other provisions
thereof not specifically included in said judgment.
(2) If any
court of competent jurisdiction shall judge invalid the application
of any provision thereof to a particular property, building or other
structure, such judgment shall not affect the application of said
provision to any other property, building or structure not specifically
included in said judgment.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)
(a) Any person who shall violate any of the provisions of the building codes adopted under this chapter, shall be deemed guilty of a misdemeanor and upon conviction shall be punished as provided in section
1-5 of the city code.
(b) Any person
who allows or permits the use or occupancy of any building, structure
or premises of which he is the owner, which is in violation of any
provision of the building codes adopted under this chapter shall likewise
be punished.
(Ordinance O-14-035 adopted 10/9/14; Ordinance O-21-029 adopted 10/21/21)