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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 Chapter 15.04, Permits, ishereby repealed SECTION 3. Chapter 15.08, Building Code, is repealed and re- enacted as Chapter 15.04, Building Code, as follows: 15.04.010 Adopted.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: PAGE FOUR ,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. 0 0 1 1 1 ^ i 2; PAGE FIVE 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. 1) ' PAGE SIX 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) 1 a. 3 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. di 1 PAGE NINE ;'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