Whenever the term or the title "administrative authority," "responsible official," "building official," "chief inspector," "code enforcement officer," or similar designation is used herein or in any of the technical codes, it shall mean the building official designated by the appointing authority.
(AO No. 2020-85, § 1, 10-27-2020)
The building official is authorized and directed to enforce the provisions of this code, to render interpretations of this code, and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code and shall not have the effect of waiving requirements specifically provided for in this code.
(AO No. 2020-85, § 1, 10-27-2020)
The building official shall receive applications, review construction documents and issue permits for the erection and alteration, demolition and moving of buildings and structures, inspect the premises for which such permits are issued and enforce compliance with the provisions of this code.
(AO No. 2020-85, § 1, 10-27-2020)
The building official shall issue all necessary notices and orders to ensure compliance with this code. The person to whom a notice or order is directed shall have 30 days to appeal to the board of building regulation examiners and appeals, except as provided in Chapter 23.70, limiting the appeal period to 10 days for notices to vacate. If no timely appeal is filed, the notice and order is final and binding and not subject to any further appeal. The building official may withdraw a notice or order at any time.
(AO No. 2020-85, § 1, 10-27-2020)
The building official shall make the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
(AO No. 2020-85, § 1, 10-27-2020)
Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe there exists in a structure or upon a premises a condition contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided if such structure or premises is occupied, credentials shall be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.
(AO No. 2020-85, § 1, 10-27-2020)
The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.
(AO No. 2020-85, § 1, 10-27-2020)
The building official, member of the building board or employee charged with the enforcement of this code, while acting for the Municipality in good faith and without malice in the discharge of duties required by this code or other pertinent law or ordinance, shall not be liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by the officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the municipal attorney until the final termination of the proceedings. Neither the building official nor any subordinate shall be liable for cost in any action, suit or proceeding instituted in pursuance of the provisions of this code.
(AO No. 2020-85, § 1, 10-27-2020)
The use of used materials meeting the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official.
(AO No. 2020-85, § 1, 10-27-2020)
Whenever there are practical difficulties involved in carrying out the provisions of this code, the building official has the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find a special individual reason making the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code, and such modification does not lessen health, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the Development Services Department.
(AO No. 2020-85, § 1, 10-27-2020)
The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds the proposed design is satisfactory and complies with the intent of the provisions of this code, and the material, method or work offered is, for the purpose intended, at least the equivalent prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
(AO No. 2020-85, § 1, 10-27-2020)
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.
(AO No. 2020-85, § 1, 10-27-2020)
Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official is authorized to require tests as evidence of compliance, to be made at no expense to the Municipality. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency, and reports of such tests shall be required for retention of public records.
(AO No. 2020-85, § 1, 10-27-2020)
The building official may request and shall receive the assistance and cooperation of other officials of the Municipality as required in the discharge of the duties required by this code or other pertinent laws or ordinance.
(AO No. 2020-85, § 1, 10-27-2020)
No person shall make connections from a utility, source of energy, fuel or power to any building or system regulated by this code for which a permit is required, until released by the building official.
(AO No. 2020-85, § 1, 10-27-2020)
The building official has authority to authorize the temporary connection of the building or system to the utility source of energy, fuel, or power.
(AO No. 2020-85, § 1, 10-27-2020)
The building official has authority to authorize disconnection of utility service to the building, structure, or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure, or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure, or service system shall be notified in writing as soon as practical thereafter.
(AO No. 2020-85, § 1, 10-27-2020)
General: Should the Municipality experience a seismic event causing widespread damage to buildings, the building official may conduct the Applied Technology Council ATC-20 Post-Earthquake Safety Evaluation of Buildings process. Where there is reason to believe that a building has sustained structural damage, the building official may require the building undergo a detailed structural evaluation performed by a licensed structural engineer.
Volunteer structural engineers: The department shall maintain a list of volunteer licensed structural engineers familiar with the ATC-20 process. When deemed necessary, the building official will solicit their assistance to perform ATC-20 rapid and detailed evaluations. The building official shall deputize volunteer structural engineers conducting ATC-20 evaluations. All building evaluations shall be submitted to the building department.
(AO No. 2020-85, § 1, 10-27-2020)
In order to hear and decide appeals of orders, decisions or determinations made by the building or fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of building regulation examiners and appeals (hereafter "building board"). The building board may, in its discretion, offer comment or recommendation concerning amendments to this code. The building board shall be appointed by the governing body and shall hold office at its pleasure. The building board shall follow rules of procedure approved by the Assembly for conducting business. All decisions and findings in an appeal shall be rendered in writing to the appellant, with a duplicate copy to the building official.
(AO No. 2020-85, § 1, 10-27-2020)
The building board shall establish pools from which three-member hearing panels may be selected. The pools shall be comprised of building board members qualified by experience and training to pass upon matters pertaining to the appeal.
A. 
Up to five pools shall be established the first meeting of each calendar year.
B. 
The secretary to the board and the board chair shall assign members from the most relevant pool to a specific appeal.
C. 
At least two members of a three-member hearing panel shall be actively engaged in disciplines, trades, or professions relevant to the appeal.
D. 
In the discretion of the building board, a decision rendered by a three-member hearing panel may be accepted for de novo review.
(AO No. 2020-85, § 1, 10-27-2020)
An application for appeal shall be based on a claim that the true intent of this code, or the rules legally adopted hereunder, have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The building board, including three-member hearing panels, shall have no authority to waive requirements of this code.
(AO No. 2020-85, § 1, 10-27-2020)
A. 
The building board, as described in Section 4.40.030, and this title shall consist of no fewer than 11 and up to 15 members appointed by the mayor, subject to confirmation by the Assembly, qualified by experience or training to pass on matters pertaining to building construction, as follows:
1. 
Two (2) members shall be Architects registered in the State of Alaska.
2. 
Two (2) members shall be Professional Engineers registered as Civil Engineers in the State of Alaska.
3. 
One (1) member shall be a Professional Engineer, registered as a Mechanical Engineer in the State of Alaska.
4. 
One (1) member shall be a Professional Engineer, registered as an Electrical Engineer in the State of Alaska.
5. 
Two (2) to four (4) members shall be licensed General Contractors actively engaged in general building construction and at least one of the members shall be actively engaged in home building in the State of Alaska.
6. 
One (1) member shall be a licensed Electrical Contractor actively engaged in the electrical trade in the State of Alaska.
7. 
One (1) member shall be a licensed Plumbing Contractor actively engaged in the plumbing trade in the State of Alaska.
8. 
One (1) member shall be a licensed Mechanical Contractor actively engaged in the mechanical trade in the State of Alaska.
9. 
Up to two (2) additional members, qualified by experience or training and actively engaged in any of the above listed disciplines, trades, or professions in the State of Alaska.
B. 
Building board quorum and voting.
1. 
Quorum. The majority of the appointed members shall constitute a quorum.
2. 
Voting. Action by the building board, including affirmative action on quasi-judicial matters, requires an affirmative vote of the greater of 6 or a majority of members in attendance who are not disqualified by conflict of interest.
C. 
Three-member hearing panels. A building board three-member hearing panel shall hear and decide appeals from decisions of administrative officials and other enforcement orders relating to code regulations under Title 23. Except for appeals filed under section 23.70.706, appeals will be scheduled within 3 to 5 business days of the receipt of application for appeal. A person with the right to appeal has 30 days from the date of the action of an administrative official to file an appeal with the secretary to the building board, with the exception noted in section 23.70.706.1, limiting the appeal period to 10 days for notices to vacate, unless a longer time period is stated in writing by the building official. If no appeal is filed within these time periods, the action of the administrative official is deemed final and binding and not subject to any further appeal.
D. 
Three-member hearing panel quorum and voting.
1. 
Quorum. A quorum for a hearing panel shall be three panel members.
2. 
Voting. The granting of any appeal or part thereof by a hearing panel shall require the concurring vote of two members of the panel. Any appeal or part thereof which is not granted by the panel shall be considered denied.
3. 
Reconsideration. Hearing panel decisions shall not be subject to reconsideration but may be appealed under subsection E of this section.
E. 
Discretionary de novo re-hearing. In its sole discretion as determined by majority vote of the members in attendance not disqualified from voting by conflict of interest or under this subsection as provided below, the building board may accept an appeal decided by a three-member hearing panel, in whole or in part, for de novo re-hearing by the full building board.
F. 
Application for de novo re-hearing by the full board may be made by any party or by any member of the building board.
G. 
Application for de novo re-hearing by the full building board must be filed with the secretary to the board within 5 business days from publication of the hearing panel's written decision.
H. 
On the question of whether the building board shall exercise its discretion to re-hear a matter as a full board, members of the hearing panel shall not participate in the vote.
I. 
If de novo re-hearing is accepted by the building board, members of the hearing panel first hearing the appeal may participate in the re-hearing as members of the full board.
(AO No. 2020-85, § 1, 10-27-2020)
The building official or designee shall be an ex-officio member without vote and shall act as secretary to the building board, shall prepare all correspondence, send out all required notices within 5 business days, keep minutes of all meetings, and maintain a file on each case coming before the building board. The secretary will provide timely electronic notice and copies of hearing panel decisions to the full building board.
(AO No. 2020-85, § 1, 10-27-2020)
When the building board panel requires data and documents not in the current possession of the building official, the secretary to the building board shall act timely on the request to ensure the hearing packet is supplemented with the requested information prior to hearing. If the Notice of Appeal relies on, but does not provide, data, documents, or other information, the secretary shall request or provide the supplemental information within 5 days of receipt of the Notice of Appeal. Failure to request or receive supplemental information timely shall be a valid reason to reschedule the hearing to a time when the supplemental information is available.
(AO No. 2020-85, § 1, 10-27-2020)
The cost of filing an appeal to the building board is $500 and shall accompany the filing of the appeal. If a three-member hearing panel denies an appeal, the appellant may request a de novo hearing by the full building board for an additional filing fee of $500. The fee shall accompany the de novo hearing request. There is no fee for a de novo hearing request when a three-member hearing panel grants an appeal.
(AO No. 2020-85, § 1, 10-27-2020)
It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
(AO No. 2020-85, § 1, 10-27-2020)
The building official or fire code official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
(AO No. 2020-85, § 1, 10-27-2020)
Whenever work for which a permit is required by this code is commenced without first obtaining a permit, a code compliance inspection for one or more disciplines may be required before a permit is issued for such work.
(AO No. 2020-85, § 1, 10-27-2020)
If a person does not comply with a notice of violation or order, the building official is authorized to request the municipal attorney of the Municipality to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
(AO No. 2020-85, § 1, 10-27-2020)
Whenever the building official or fire code official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official or fire code official is authorized to issue a stop work order.
(AO No. 2020-85, § 1, 10-27-2020)
The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work shall be permitted to resume.
(AO No. 2020-85, § 1, 10-27-2020)
Any person continuing any work after being served with a stop work order, except such work as the person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.
(AO No. 2020-85, § 1, 10-27-2020)
Any person violating a provision of this code or failing to comply with the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law including but not limited to those in Table 3-O of this code.
When work is begun without proper permits, a fine at a rate shown in Table 3-O shall be assessed. The payment of the fine shall not exempt an applicant from compliance with all other provisions of this code nor from the penalty prescribed by law. The building official may waive the fine for a first offense.
(AO No. 2020-85, § 1, 10-27-2020)
The building official may cancel, suspend, or revoke the license of a contractor who displays incompetence or lack of knowledge in matters relevant to such license, seeks to obtain a building permit or pass an inspection by fraudulent methods, or knowingly performs work multiple times without first obtaining the required permit(s) or if such license was obtained by fraudulent measures. If the license of any person is so cancelled or revoked, another such license shall not be granted to such person within 12 months after the date of such cancellation or revocation. When a contractor accumulates five violations for not obtaining building permits before performing work or other violations within a five-year period, the building official shall revoke the license of the contractor. Notice of the revocation shall be sent to the Alaska Department of Commerce, Community and Economic Development.
(AO No. 2020-85, § 1, 10-27-2020)
In addition to any other remedy or penalty provided by this title, any person violating any provision of this title, or any code of technical regulation adopted pursuant to this title, shall be subject to the civil penalties or injunctive relief, or both, as provided by section 1.45.010B, or fines may be assessed according to the schedule provided in Title 14.
(AO No. 2020-85, § 1, 10-27-2020)
Any person aggrieved by the act or omission of another person constituting a violation of the provisions of this title or the codes of technical regulation adopted herein may, following 30 days written notice to the municipal official or department empowered to enforce the provision, commence and maintain a civil action for injunctive relief authorized by section 1.45.010B. The court, in issuing a final order in any action brought by a private person under this section may, in its discretion, award costs of litigation to any party. In any action under this section, the Municipality, if not a party, may intervene as a matter of right.
(AO No. 2020-85, § 1, 10-27-2020)