CHAPTER 1

BUILDING CODES AND REGULATIONS

SECTION:

10-1-1:		Building Inspector
10-1-2:		Codes Adopted
10-1-3:		Exceptions And Modifications
10-1-4:		Successor Codes
10-1-5:		Enforcement
10-1-6:		Penalty !2R!

10-1-1:		BUILDING INSPECTOR:

A.	Appointed: There is hereby created the position of building inspector. The mayor, by and with the consent of the city council, may appoint an individual to serve in the position of building inspector. (1987 Code § 10-1-1)

B.	Powers And Duties: The building inspector shall have the following duties and powers:

1.	Enforce the provisions of the codes hereinafter adopted by the city council.

2.	Review permit applications for conformance with the adopted codes and to refuse to issue permits where plans do not comply. Also, wherever violations occur, to consult with the city attorney and to issue stop orders and citations and/or to give testimony, prepare exhibits, and provide other data which may be needed in the enforcement of said codes.

3.	Perform such other duties as are from time to time assigned to him by the city council. (1987 Code § 10-1-2; amd. 2004 Code)

10-1-2:		CODES ADOPTED:

A.	Building Code: The international building code (IBC), as adopted by the state, is hereby adopted as the official building code for the city.

B.	Fire Code: The international fire code (IFC), as adopted by the state, is hereby adopted as the official fire code for the city. (Ord. 2004-4, 6-10-2004; amd. 2004 Code)

C.	Residential Code: The international residential code (IRC), as adopted by the state, is hereby adopted as the official residential code for the city. (Ord. 2005-6, 6-9-2005)

D.	Other Codes: All other building, plumbing, electrical, mechanical, energy and/or natural gas codes established and adopted as standard by the state as the official other building, plumbing, electrical, mechanical, energy and/or natural gas codes are hereby adopted by the city. (Ord. 2004-4, 6-10-2004; amd. 2004 Code; Ord. 2005-6, 6-9-2005)

10-1-3:		EXCEPTIONS AND MODIFICATIONS:
A.	Fees: The city council may, by resolution, establish and set the amount of permit and inspection fees relating to the construction activities covered by the codes adopted, and to provide for the assessment and collection thereof. All fee schedules so adopted shall take precedence over the fees stated in said codes.

B.	Protection Against Surface Water Drainage: The finished grade adjacent to any dwelling or other structure used for human occupancy shall be at an elevation not less than one foot (1') above the crown of the adjacent street and shall be contoured so as to drain water away from the structure; provided, that where it can be shown that the above requirement cannot be reasonably met, the planning and zoning commission may, upon appeal, approve construction of a structure when, in its opinion, said structure will be adequately protected against the inflow of surface water.

C.	Private Culverts Not Permitted; Exceptions: Where access to a structure or parcel from a public right of way located within the established city site requires crossing of a gutter or drainageway, said crossings shall remain open and shall not be covered or enclosed by a culvert, pipe or similar covering; provided, that where it can be shown that the above requirement cannot be reasonably met, the planning and zoning commission may, upon appeal, approve construction when in its opinion the culvert or covering will be of sufficient size to permit the free passage of anticipated drainage water.

D.	Requirements For Width And Thickness Of Footers For Any New Dwelling: Width and thickness of footers for any new dwelling shall be a minimum width of thirty inches (30") and ten inches (10") thick, with the elevations to be thirty inches (30") below the ground surface. Any variation of this requirement will require certification of soil bearing capabilities at the proposed dwelling site from a certified geotechnical soils laboratory. (Ord. 2004-4, 6-10-2004)

10-1-4:		SUCCESSOR CODES:

The adoption of any and all codes, as established herein, as the adopted codes of the city, shall also adopt any replacement or successor codes as they become adopted by the state, and shall become effective by the city immediately upon passage by the state. (Ord. 2004-4, 6-10-2004)

10-1-5:		ENFORCEMENT:

A.	Responsibility For Enforcement: The building inspector, or such person or entity designated by the city, shall enforce the provisions of this title and the codes adopted pursuant hereto, but in so doing shall be assisted by the personnel of the various departments and agencies directly or indirectly affected who shall make such inspections as he may request or designate. (1987 Code § 10-6-1; amd. 2004 Code)

B.	Permits Required; Exceptions: It shall be unlawful for any person, firm or corporation or other entity to commence or perform any work within the city regulated or controlled by this title or the codes adopted pursuant hereto, except such minor work as is hereinafter excepted therefrom, without first having applied to and been granted a permit to do so by the building inspector or other authorized officer and paying, in advance, all permit and inspection fees; provided, that permits shall not be required for the following minor work activities:

1.	Exceptions To Building Code: The construction of fences or corrals; also the incidental improvement of any existing structure where the retail cost of the materials used is less than one hundred dollars ($100.00); provided, that this exemption shall not apply where the construction or alteration results in an enlarged structure or includes modification of any essential structural component (i.e., bearing wall, truss, footing, foundation) of the building or structure.

2.	Exceptions To Plumbing Code: Minor repairs to the existing system located within the owner's property involving the clearance of stoppages, the repair of leaks or the replacement of defective faucets, valves, P-traps, and similar elements of the system.

3.	Exceptions To Electrical Code: Minor repair work such as repairing flush and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints, repairing wiring for appliances and devices operating at less than 25 volts, and all work done on the property of the city or public utility company. (1987 Code § 10-6-2)

C.	Plans And Specifications: No permit shall be issued for any work regulated or controlled in any way by the provisions of this title unless the application is accompanied by all plats, plans, drawings, specifications, and other information required by the various codes adopted hereby. (1987 Code § 10-6-3)

D.	Related Regulations: All work done under any permit issued pursuant to the title shall be in full compliance with the planning and zoning regulations, water and sewer regulations, fire code, regulations pertaining to streets and walks, and all other provisions of this code and all conditions of approval of any subdivision or planned development. (1987 Code § 10-6-4)

E.	Stop Order: Whenever any work is being done in violation of the provisions of this title or of any code adopted hereby, or at variance with the provisions of any permit issued for such work, the building inspector may order all work on the job stopped until such violation or variance is eliminated and any work or installation made in violation of such provisions corrected. Such stop order, if oral, shall be followed by a written stop order within one hour. Such written stop order may be served by the building inspector, or any of his agents, or any police officer. It shall be unlawful for any person to do or perform any work in violation of such stop order, except as may be necessary to prevent injury or damage to persons or property. Any stop order may be revoked by the building inspector, mayor or city council. (1987 Code § 10-6-5)

F.	Interpretation: Whenever, in the codes adopted by this title, it is provided that anything must be done to the approval or subject to the direction of the building inspector, or any other officer of the city, such officer shall have only the discretion of determining whether the rules and standards established by ordinance or resolution of the city council have been complied with; and no such provision shall be construed as giving any officer discretionary powers as to what regulations or standards shall be, or power to require conditions not prescribed by ordinance or resolution, or to enforce any provisions in an arbitrary or discriminatory manner. (1987 Code § 10-6-6)

10-1-6:		PENALTY:

If shall be a class C misdemeanor for any violation of the provisions of this title or codes adopted pursuant hereto; provided, that any person who receives payment or anything of value for work done in violation of said ordinance or codes shall be guilty of a class B misdemeanor. Said person, upon conviction, shall be subject to penalty as provided in section 1-4-1 of this code. (1987 Code § 10-6-7; amd. 2004 Code)