1982-21 Amending Title 15 of the KIB Code Pertaining to Building and Constructionz 7 i
KODIAK ISLAND BOROUGH
ORDINANCE NO. 82- 21 -0 -(A)
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH AMENDING TITLE 15 OF THE
KODIAK ISLAND BOROUGH CODE PERTAINING TO BUILDING AND CONSTRUCTION.
ii BE IT ORDAINED by the Kodiak Island Borough Assembly that:
SECTION 1. A new Chapter 15.02, Definitions, is adopted and includes the
following Sections:
15.02.010 Building. "Building" means any structure built for the
support, shelter or enclosure of persons, animals, chattels or property of
any kind.
15.02.020 Building Code. "Building Code" means the Uniform Build-
ing Code (1979) and any other building regulations applicable in the Borough.
15.02.030 Building Official. "Building Official" means the officer
charged with the administration and enforcement of this title.
15.02.040 Building Square Footage. "Building square footage" means
the gross area of the total of all floors included within the building.
SECTION 2. Chapter 15.04, Permits, ishereby repealed
SECTION 3. Chapter 15.08, Building Code, is repealed and re- enacted as Chapter
15.04, Building Code, as follows:
15.04.010 Adopted. The 1979 edition of the Uniform Building Code,
Volume I, as published by the International Conference of Building Officials,
is adopted to regulate the construction, alteration, maintenance, and use of
buildings and other structures in the Borough. The Uniform Building Code
Appendix of 1979 is adopted and made a part of this code. (Ord. 80 -50 -0 P2,
1980; Ord. 75 -13 -0, 1979; Ord. 73 -16 -0 P2, 1973; Ord. 72 -8 -0 (part), 1972;
prior code Ch. 5 subch. 5 P3).
15.04.020 Table 3 -A amended. The fee schedule set forth in Table
3 -A of the Uniform Building Code is hereby amended by the addition of a new
sentence immediately below the table to read:
"The building permit fee for buildings in occupancy groups
M and R shall be 7.532 cents per square foot."
(Ord. 78 -5 -0 P1, 1979).
PAGE TWO
ORDINANCE NO. 82 -21 -0 (A)
15.04.022 Government Entities and Agencies Exempt from Fees. The
;federal, state, borough, and city government entities and their agencies shall
be exempt from payment of permit fees, plan review fees, investigation fees,
and inspection fees in connection with obtaining a building permit and /or
certificates of occupancy under this title, but all other provisions of this
title shall apply to each of them.
15.04.030 Uniform Building Code Section 2505 Amended.
1
A. Ungraded locally - manufactured lumber may be used in the con -
st►"uction of one- and two -story dwellings and accesory buildings.
i B. Ungraded locally- manufactured lumber may be used in agricultural
and other multi- storied buildings if the construction drawings sub-
mitted for approval with the application for a building permit con-
tain a certification from an engineer registered in the State of Alas-'
ka that the design stresses have been analyzed for the use of ungrad-
ed Sitka Spruce. (Ord. 81 -27 -0 (A) P1).
15.04.040 Sanitation Facilities. Section 1205 (b) of the Uniform
Building Code (1979. Edition) is amended by adding the following•at the end of
this section: "Dwellings erected outside the areas encompassed by Kodiak
island Borough Official Zoning Maps No. 2 (Kodiak Urban Area) and No. 3 (Bells
Flats and Russian Creek Alaska Subdivisions) on land zoned 'Conservation' are
exempted from the provisions of this section."
i
16ECTION 4. Chapter 15.12, Electrical Code, is repealed and re- enacted as
hapter 15.08, Electrical Code.
ECTION 5. Chapter 15.16, Mechanical Code, is repealed and re- enacted as
hapter 15.12, Mechanical Code.
ECTION 6. Chapter 15.20, Plumbing Code, repealed and re- enacted as Chapter
5.16, Plumbing Code.
SECTION 7. Chapter 15.24, Dangerous Building Code, is repealed and re- enacted
s Chapter 15.20, Dangerous Building Code.
ECTION 8. Chapter 15.28, Mobile Homes, is repealed and re- enacted as Chapter
5.24, Mobile Homes.
ECTION 9. Chapter 15.28, Building Permits is hereby enacted as follows:
15.28.010. Permits Required and Exempted Work.
A. Permits Required. It shall be unlawful for any person, firm,
or corporation to erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish any building or structure
PAGE THREE
ORDINANCE NO. 82- 21 -0 -(A)
regulated by this code, except as specified in Subsection (b)
of this section, or cause the same to be done without first
obtaining a separate permit for each building or structure
from the building official.
B. Exempted Work. A building permit will not be required for
the following:
1. One -story detached accessory buildings used as tool and storage
sheds, playhouses and similar uses, provided the projected
roof area does not exceed 120 square feet.
2. Fences not over six feet high.
3. Cases, counters and partitions not over five feet high.
4. Retaining walls which are not over four feet in height mea-
sured from the bottom of the footing to the top of the wall
unless supporting a surcharge or impounding flammable liquids.
5. Water tanks supported directly upon grade if the capacity
does not exceed 5000 gallons and the ratio of height to dia-
meter or width does not exceed two to one.
6. Platforms, walks, and driveways not more than thirty inches
above grade and not over any basement or story below.
7. Painting, papering and similar finish work.
8. Window awnings supported by an exterior wall of Group R,
Division 3, and Group M Occupancies when projecting not more
than 54 inches.
9. Prefabricated swimming pools accessory to a Group R, Division
3 Occupancy in which the pool walls are entirely above the ad-
jacent grade and if the capacity does not exceed 5000 gallons.
10. No permit shall be required for installing, altering, or other-
wise constructing improvements where the installation, altera-
tions, or construction does not exceed the reasonable value of
five hundred dollars.
Exemption from the 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 jurisdiciton.
15.28.020 Applications. Application for a building permit shall be
filed with the Building Official on a form approved by him. Where the work
Consists of doing installations or extensive repairs or alterations, plans and
pecifications for the work shall accompany the applications. If the applica-
ion meets the requirement of this title and any other applicable regulations,
he Building Official will issue a building permit subject to the following
rovisions:
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,ORDINANCE NO. 82 -21 -0 (A)
A. No building permit will be issued until conformance with the
requirements of Title 17 has been verified by the Zoning Official.
B. Any building permit issued in conflict with this title shall be
null and void.
SECTION 10. A new Chapter 15.32, Inspections, is adopted and includes the
'following Sections:
it
15.32.010 General. All construction work for which a building permit
ib is required shall be subject to inspection by the Building Official.
15.32.020 Inspection Record Cards. Work requiring a permit will
not be commenced until the permit holder or his agent shall have posted an in-
lspection record card in a conspicuous place on the premises and in such a posi-
tion as to allow the Building Official conveniently to make the required en-
tries thereon regarding inspection of the work. This card shall be maintained
in such a position by the permit holder until final approval has been granted
by the Building Official.
15.32.030 Inspection Requests. It shall be the duty of the permit
:holder to request inspection as each phase of work on the Inspection Record
'Card is ready for inspection.
15.32.040 Approval Required.
A. No work shall be done on any part of the building or structure
beyond the point indicated in each successive inspection without
first obtaining the approval of the Building Official. Such ap-
proval shall be given only after an inspection.
B. It is unlawful for any person, firm, or corporation to use or
turn on electrical power into any wires or apparatus, or to use or
turn on water into any pipes or plumbing fixures hereinafter in-
stalled for which inspection approval has not been given by the
Building Official as provided in this title. (Prior code 15.04.030)
15.32.050 Certificate of Occupancy.
A. It is unlawful to occupy or inhabit any building or structure
for which a Certificate of Occupancy has not been issued by the
Building Official as provided in this title. (Prior code 15.04.030).
B. The Building Official shall issue a Certificate of Occupancy
upon completion of each building or structure found to be in com-
pliance with the terms of this title .and . rules adopted hereby.
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ORDINANCE NO. 82 -21 -0 (A)
C. Falsification of a Certificate of Occupancy for a building or
structure not in conformity with such certificate shall be deemed
a violation of this title.
SECTION 11. A new Chapter 15.36, Building Code Board of Appeals, is adopted
and includes the following Sections:
15.36.010 Composition.
A. The Building Code Board of Appeals shall consist of seven members
who are qualified by experience and training to pass upon matters
pertaining to building construction. Six (6) seats shall be filled
by .current members of the Architectural Review Board. One (1)
member shall be selected from the community at large. Each of the
seven members shall be appointed by the Mayor and ratified by the
Assembly.
B. The Borough Manager or his designee shall be an ex- officio member
of the Board.
C. All appointees shall serve at the pleasure of the appointing
authority.
0. The members of the Board shall be appointed for staggered three -
year terms.
E. Four members of the Board of Appeals shall constitute a quorum
for the transaction of any business. For any affirmative action
on quasi - judicial matters by the Board of Appeals, there must be a
concurring vote of four members.
15.36.020 Administrative Jurisdiction.
A. The duties of the Board shall be as stated in the adopted
Building Codes including the Building, Mechanical, and Plumbing
Codes. The National Electrical Code as adopted by the State and the
Borough has no provisions for a local Board of Appeals and therefore
is specifically excluded.
B. The Building Code Board of Appeals, by resolution may adopt
rules consistent with this title to implement, interpret, or make
specific its provisions. Copies of all rules adopted under this
subsection shall be available to the public in the offices of the
Building Official and the Borough Clerk.
C. The Board shall hear and decide appeals from the actions of
administrative officials relating to building regulations under
Title 15. The Board may determine the suitability of alternate
materials and methods of construction and provide for reasonable
interpretation of the provisions of Title 15.
D. The Board shall also recommend such amendments to Title 15 as
may be necessary.
E. The Board of Appeals is the final appellate board of the
Borough for matters heard by it.
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ORDINANCE NO. 82 -21 -0 (A)
SECTION 12. A new Chapter 15.40, Enforcement, Penalties and Remedies, is
adopted as follows:
15.40.010 Enforcement Authority.
A. The Building Official shall have the power and duty to enforce
the provisions of this title. (Prior code 15.04.050)
B. Stop rder Issuance -- Whenever any work is being done in viola-
tion of the provisions of this title, or in variance with the terms
of any permit issued for such work, the Building Official may order
all work on the job stopped until such violation or variance is
eliminated and any work or installation made in violation of this
title, corrected. Such stop order, if oral, shall be followed by a
written stop order within twenty -four (24) hours (excluding Satur-
days, Sundays, and holidays).
C. Stop Order -- Violation, Revocation - -It is unlawful 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.
Such stop order may be revoked by the Building Official, Borough
Engineer, Borough Manager, or Borough Assembly. (Prior code
15.04.070)
D. Upon written complaint by a citizen, or upon his own initiative,
the Building Official may, after investigation, initiate legal
proceedings against any person for the violation of this title.
The Building Official shall give at least ten (10) days written
notice of intent to prosecute and may initiate legal proceedings
only if the violation is not cured within that period, and if the
person who is the subject of the notice fails to seek an exception
or other appropriate administrative relief within the notice
period.
15.40.020 Adminstrative Inspections. In accordance with this
chapter, the Building Official may make inspections necessary to enforce the
provisions of this title. When the Building Official has reasonable cause
to believe that in any building or on any premises there exists any violation
of this title, he may enter such building or premises at any reasonable times
to inspect the same or perform any of his duties under this tttle;provided,
that where the Constitution of the United States or the State of Alaska re-
quires that the Building Official obtain a search warrant before making an
inspection, he shall not make the inspection until authorized to do so by a
search warrant issued by a court of competent jurisdiction and then only
in the company of a peace officer.
PAGE SEVEN
ORDINANCE NO. 82 -21 -0 (A)
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15.40.030 Penalties and Remedies.
A. A person who violates any provision of this title or any order
issued under Section 15.40.010 is guilty of a misdemeanor and upon
conviction is punishable by a fine of not more than five hundred
dollars ($500.00). Each day of violation constitutes a separate
offense.
B. The Borough or any aggrieved person may bring a civil action to
enjoin any violation of this title, or any order issued under
Section 15.40.010; and to obtain damages for any injury the plain-
tiff suffered as a result of the violation. An action for in-
junction under this section may be brought notwithstanding the
availability of any other remedy. Upon application for injunctive
relief and the finding of an existing or threatened violation,
the Superior Court shall enjoin the violation.
SECTION 13. A new Chapter 15.44, Appeals and Exceptions, is adopted as
follows:
15.44.010 Appeals from Building Official.
A. The following decisions of the Building Official are subject
to appeal to the Building Code Board of Appeals:
1. The denial of a building permit;
2. The issuance of an order under Section 15.40.010
B. A decision described in A of this section is final unless
appealed to the Building Code Board of Appeals within ten (10)
days of the mailing ofnotice of the decision. An appeal is commenced
by filing with the Borough Clerk a written notice of appeal, speci-
fically stating the reason for the appeal and the relief sought,
and payment of the appeal fee prescribed under this chapter.
C. An appeal under this section may be brought by any person
aggrieved by the decision appealed, or by any government agency.
15.44.020 Appeals -- Hearing and Decision.
A. The Building Code Board of Appeals shall hold a public hearing
on each appeal. At the hearing the Board of Appeals shall review
the appeal record and hear evidence and argument presented by
persons interested in the appeal.
B. The Building Code Board of Appeals shall either affirm or re-
verse the Building Official's decision in whole or in part. If
the Building Code Board of Appeals fails to approve the reversal
of the Building Official's decision, that decision is affirmed.
C. Every decision of the Building Code Board of Appeals on an
appeal shall be based upon findings and conclusions adopted by the
Board of Appeals. The findings must be reasonably specific so as
to provide the community, and where appropriate, reviewing
authorities, a clear and precise understanding of the reason for
the decision.
D. The Building Code Board of Appeals' decision on an appeal shall be
mailed to the appellant within ten (10) days after the decision.
15.44.030 Appeal -- Decision. The Building Code Board of Appeals
shall render a decision on the appeal within forty (40) dyas after its
filing. (Prior code 17.66.080)
PAGE EIGHT
ORDINANCE NO. 82 -21 -0 (A)
15.44.040 Exception -- Application.
A. An application for exception from the regulations of this title
may be filed by any taxpayer, property owner, or party affected.
B. An application for exception is commenced by filing with the
Borough Clerk a written request specifically stating any and all
reasons justifying the granting of the exception, and payment of
the exception fee prescribed under this chapter.
15.44.050 Exceptions- Investigation.
A. The Building Code Board of Appeals shall cause an investigation
to be made to determine that such uses will not be injurious to
public health, safety or welfare or detrimental to other properties
or uses in the vicintiy.
B. The Board may require the petitioner to submit engineering and
other technical studies in support of his petition.
15.44.060 Exceptions -- Public Hearing.
A. The Board shall hold a public hearing on all applications for
an exception. Such hearing shall be held not less than ten (10)
days nor, more than thirty (30) days following the date of filing
of such application; and the applicant shall be notified of the
date of such hearing. The Board shall cause to be sent to each
owner of the property within a distance of three hundred (300)
feet of the exterior boundary of the lot or parcel of land
described in such application, notice of the time and place of the
hearing, a description of the property involved and the provisions
of this title from which an exception is sought. For the pur-
poses of this chapter, "owner of property" means that owner shown
upon the lates tax assessment rolls.
15.44.070 Exceptions- Granting or Denial. Within forty (40) days
after the receipt of an application, the Board shall render its decision. If
it is the opinion of the Board, after consideration of the investigation report
that the proposed exception will not endanger the public health, safety or
general welfare, or be inconsistent with the general purposes and intent of
this title, the Board shall approve the exception with or without conditions.
If the proposed exception will tend, in the opinion of the Board, to endanger
in any way the public health, safety, or general welfare or produce results
inconsistent with the general purposes and intent of this title, the Board
shall deny the application.
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;'ORDINANCE NO. 82 -21 -0 (A)
applications for exception shall be accompanied by a filing fee of fifty
dollars, payable to the Kodiak Island Borough.
PASSED AND APPROVED THIS 6 DAY OF May 1982.
ATTEST:
1 i 2 ;
n
15.44.080 Fees -- Appeals and Exceptions. Notices of appeal and
By: ,� � U (/
Boroug
FIRST READING: April 1, 1982
KODIAK � D BOROUGH
By:
Bor' ou ayo
y o
SECOND READING AND PUBLIC HEARING DATE: May 6, 1982