1984-31 Repealing and Reenacting Title 15, Buildings and ConstructionKODIAK ISLAND BOROUGH
ORDINANCE NO. 84 -31 -0
AN ORDINANCE
TITLE 15, BUILDINGS AND O CONSTRUCTI N. ISLAND BOROUGH REPEALING
AND RE- ENACTING
Section Chapter 15.02, 15.04, 15.08, 15.12, 15.16, 15.20
15.28, 15.32, 15.36, 15.40, and 15.44 of the Kodiak Island Borough Code are 24,
hereby repealed.
Section 2. New chapters of Title 15 of the Kodiak Island Borough
Code are hereby adopted as follows:
Chapters:
Sections:
15.02
15.04
15.08
15.12
15.20
15.24
15.26
15.28
15.32
15.36
15.40
15.44
TITLE 15
BUILDINGS AND CONSTRUCTION
Definitions
Building Codes
Electrical Code
Plumbing Code
Mobil Homes
Fire odes
Drivewav Access
Public Construction
House Numberin
Building Code Board of Anneals
Enforcement, Penalties, and Remedies
peals and Exceptions
CHAPTER 15.02
DEFINITIONS
15.02.010 wilding
1 5.02.020 / Building code
15.02.030 Building official
15.04.040 Building square footage
15.02.01 Buildin:. "Building" means any structure built for the
support, sh ter, or enclosure of persons, animals, chattels, or property of
any kind. (Ord. 82 -21 -0 (A) 21 (part), 1982.)
15 02.020 Buildin: code. "Building code" means the Uniform Buildino
(1982 and any other building regulations applicable in the borough. Code
)
15.02.030 Building official. "Building official" means the officer
charged with the administration and enforcement of this title. (Ord. 82 -21 -0
(A) P1 (part), 1982.)
15.02.040 Building square footage. "Building square footage" means the
gross area of the total of all floors included within the building. (Ord.
82 -21 -0 (A) P1 (part), 1982.)
Sections:
15.04.010
15.04.020
15.04.030
15.04.040
15.04.050
15.04.060
15.04.070
15.04.080
15.04.090
15.04.100
15.04.110
15.04.120
15.04.010 Adoption of building and other codes. The Uniform Building
Code, 1982 Edition, published by the International Conference of Building
Officials; the 1983 National Electrical Code; the 1982 Uniform Plumbing Code;
the 1982 Uniform Mechanical Code; the 1982 Uniform Sign Code; the 1982 Uniform
Code for Abatement of Dangerous Buildings; the 1982 Life Safety Code; and the
1983 CABO One and Two Family Dwelling Code are hereby adopted by reference as
the building codes for the Kodiak Island Borough. They are adopted to regu-
late erection, construction, enlargement, alteration, repair, moving, removal,
conversion, demolition, occupancy, equipment, use, height, area, and
maintenance of buildings or structures in the Kodiak Island Borough; to
provide for the issuance of permits and collection of fees therefor; and to
provide penalties for violations of these regulations. The building codes so
adopted shall be interpreted, administered, and enforced with the local
amendments hereinafter specifically set forth by the borough building offi-
cial, who is authorized to take such action as may be reasonably necessary to
enforce the purposes of this section. The borough manager may appoint or
authorize an assistant or agent to the building official if necessary to carry
out the prow sions of this title.
l i 15.04.020 Copies on file for sale. After adoption, the building offs
shall provide copies for sale of all codes adopted pursuant to Section
15.04.010, to those interested in purchasing them. At least one copy of each
CHAPTER 15.04
BUILDING CODES
Adoption of building and other codes
Copies on file for sale
Permits required
Contractor requirements
Uniform Building Code, Section 2505 amended
Sanitation facilities
Schedule of permit fees
Temporary structures
Roof snow load
Basic wind speed
Earthquake regulations - symbols and notations
Footings - general
11 1
code of technical regulations adopted by reference in Section 15.04.010 shall
be kept in the office of the borough clerk.
15.04.030 Permit required. A. It shall be unlawful for any person,
firm, association, or corporation to erect, construct, enlarge, alter, repair,
move, improve, remove, convert, or demolish any building or structure regu-
lated by this code, except as specified in Subsection (B) of this section, or
cause 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
sheds, playhouses, and similar uses provided the
of these buildings does not exceed 120 square feet;
2 Fences not over six feet high;
3. Oil derricks;
4. Cases, counters, and partitions not over
5. Retaining walls which are not over four
the bottom of the footing to the top of the wall,
surcharge or impounding flammable liquids;
6. Water tanks supported directly upon grade if
not exceed 5,000 gallons and the ratio of height to diameter or
exceed two to one;
7. Platforms and walks not
basement or story below;
S. Painting, papering, and similar finish work;
9. Temporary motion picture, television and theater stage sets,
scenery, and festival booths;
10. Window awnings supported by an exterior wall or Group R,
Division 3, and Group M occupancies when projecting not more than 54 inches;
11. Prefabricated swimming pools accessory to a Group R, Division 3
occupancy in which the pool walls are entirely above the adjacent grade and if
the capacity does not exceed 5,000 gallons;
12. Emergency repairs may be performed without first obtaining a
permit; provided, however, that a permit shall be obtained on the next working
day.
C. Unless otherwise exempted, separate plumbing, electrical, and mechan-
' ical permits will be required for the above exempted items.
D. 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 viola -
tion of the provisions of this code or any other laws or ordinances of this
jurisdictidn.
storage
from
over any
1
v,T,, R4 -31 -0
more
as
five feet
tool-
and
projected roof
high;
area
feet in height measured
unless supporting a
the capacity does
width does not
than 30 inches above grade and not
15.04'.040 Contractor requirements. A. Licence required. Contractors
working within the Borough are required to have a current State of Alaska
business and contractor's license.
1. "Contractor means a person who, in the pursuit of an inde-
; pendent business, undertakes or offers to perform, or claims to have the
capacity to perform, or submits a bid for a project to construct, alter,
repair, move, or demolish a building, highway, road, railroad, or any type of
fixed structure, including excavation and site development and erection of
scaffolding.
2. "General contractor" is a contractor whose business operations
require the use of more than two distinct trades whose work the general
contractor superintends; the terms "general contractor" and "builder" are
synonymous; a "specialty contractor" is a contractor whose operations do not
fall within the definition of "general contractor."
B. Permit - exception.
1. Any permit required by this section may be issued to any person
to do any work regulated by this section in a single - family or duplex dwelling
used exclusively for living purposes, including the usual accessory buildings
and quarters in connection with such buildings, provided the person is a bona
fide owner of such dwelling and that the same will be occupied by the owner.
2. No person shall apply for a second permit under this exception
within a 24 -month period for purposes of new residential construction.
15.04.050 Uniform Building Code Section 2505 amended. A. Ungraded,
locally manufactured lumber may be used in the construction of one -story and
two -story dwellings and accessory buildings.
B. Ungraded, locally manufactured lumber may be used in agricultural
and other multi- storied buildings if the construction drawings, submitted for
approval with the application for a building permit, contain a certification
from an engineer registered in the state that the design stresses have been
analyzed and approved for the use of ungraded Sitka spruce. (Ord. 82 -21 -0 (A)
1 (part), 1982.)
15.04.060 Sanitation facilities. Section 1205 (b) of the Uniform Build-
ing Code (1982 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" or "Wildlife Habitat" are exempted from the provisions of
this section, provided the parcel of land is five acres or greater in
area. (Ord. 82 -21 -0 (A) 23 (part), 1982.)
15.04.070 Schedule of permit fees. A. General construction:
T E NO. 3- A-- (Revised) Building Permit Fees
TOT VALUATION FEE
$100 to $500
$501 to $2,000
$2,001 to $25,000
l Ordinance No. 84-31-0
$12.50
$12.50 for the first $500 plus $1.50 for
each additional $100 or fraction thereof
to and including $2,000
$35 for the first $2,000 plus $6 for
each additional $1,000 or fraction
thereof, to and including $25,000
1
$25,001 to $50,000 $173 for the first $50,000 plus
$5.25 for each additional $1,000 or
fraction thereof, to and including
$50,000
$50,001 to $100,000 $304.25 for the first $50,000 plus
$4.25 for each additional $1,000 or
fraction thereof, to and including
$100,000
$100,001 to $500,000 $516.75 for the first $100,000 plus
$3 for each additional $1,000 or
fraction thereof, to and including
$500,000
$500,001 and up $1,716.75 for the first $500,000 plus
$2.25 for each additional $1,000 or
fraction thereof
1. Valuations for determination of permit fees will be based on
contract price or, in the absence of a contract price, the Building Valuation
Data as published bi- monthly by I.C.B.O. Building Standards.
2. Plan review fees will be 65% of the building permit fee.
3. For all other inspections and reinspections: $25.00 per hour
with a one -hour minimum.
'1 Z ' ' n
B. The following table applies for construction of single - family or
duplex dwellings and Group M occupancies:
TABLE NO. 3- B-- (Additional) Building Permit Fees
1. Residential $0.105 /square foot
2. Group M $0.065 /square foot
3. Basements and vaulted ceilings shall be considered as one
story.
4. Plan review fees will be 50% of the building permit fee.
C. The electrical and plumbing permit fee schedules shall be as sec
forth in Sections 15.08.060 and 15.12.060.
D. 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 build -
ing permit and /or certificates of occupancy under this title, but all other
provisions of this title shall apply to each of them. (Ord. 82 - 21 - (A) P 3
(part) , 1982/)
� l
15.04.080 Temporary structures. Temporary structures, buildings, sheds,
canopies, mobile homes, freight containers, and fences designed for protection
of the public, which are reasonably necessary to a construction project, may
be erected, located, or maintained only by special permit from the building
official and then for a period of not more than 180 days. The fee for this
special permit shall be $50.00. Such structure, building, or other item shall
Ordinance No. 84 -31 -0
o.,,,0 5
be completely removed at the expiration of the time limit stated in such
permit.
A. Prior to and as a condition for issuing a permit for the use of a
temporary structure, the applicant shall post cash or a corporate bond in a
1 form approved by the finance director in the amount of $1,500.00 with the
1 borough clerk. The bond shall be conditioned upon the applicant's timely
removal of the temporary structure, compliance with requirements of this
i section, and restoration of the,premises where the temporary structure was
located to a clean and unlittered condition.
B. If the building official feels that it is necessary to do a re-
inspection after a job has been completed, the fee for such reinspection shall
! be $50.00.
15.04.090 Roof snow load. The basic design snow load shall be not less
than 40 pounds per square foot on the horizontal projection of the roof.
15.04.100 Basic wind s eed. The basic design wind speed shall be not
less than 110 miles per hour. The building official may, if he feels it is
j necessary, increase the basic design wind speed depending on exposure.
15.04.110 Earth wake re ulations - s bols and notations. Section 2312
(c) of the Uniform Building Code shall be amended to read: percent of
EXCEPTION: "W" shall be equal to the total dead load plus 35 p
the floor live load for storage and warehouse occupancies and shall be
equal to the total dead load plus 25 percent of the snow load for all
roofs.
15.04.120 Footings general. Exterior porch and entrance platforms or
' landings constructed of any
material shall be anchored to and supported by the
building foundation wall at the point of junction. The outer edges of such
platforms or landings shall be supported on concrete or masonry walls or piers
extending a minimum of 32 inches below finish grade. This shall not apply
platforms
! cantilevered platforms or landings, nor shall it apply to concrete p
1 or landings not supporting any part of a building and extending no more than
eight inches above finish grade. one of
EXCEPTIONS: In lieu of extending footings below the frost line,
the following may be used, but in no case shall the footing extend less
rr. :
than minimum cover depth required by the ,a form Building Code
1. Place footings on natural sand or gravel backfill compacted to 95
or
percent standard density. The minimum
width of the
gravel shall be twice the depth plus
where the water table is within the depth of frost penetration, in which
case the footings shall extend below frost line, 36 inches, or as re-
quired by the building official. type of soil so that allowablq'
2. Place footings at a depth and in a typ
soil bearing pressure may be calculated as prescribed elsewhere in tl.
code.
, QG -Z1 -0
n 9` 1 ' Z i ')
Sections:
15.08.010
15.08.020
15.08.030
15.08.040
15.08.050
15.08.060
Ordinance No. 84 -31 -0
CHAPTER 15.08
ELECTRICAL CODE
Administration and enforcement
License required
Use of licensee's name by another
Permit - exception
Permit application
Permit fee schedule
15.08.010 Administration and enforcement. The administration and
enforcement of this chapter shall be the duty of the borough building official
who is authorized to take such action as may be reasonably necessary to
enforce the purposes of this code. The borough manager may appoint or author-
ize an assistant or agent to the building official if necessary to carry out
the provisions of this code.
15.08.020 License required. No individual shall engage in the business
of electrical installation in the borough unless licensed as an electrical
contractor by the State of Alaska and carrying a valid Alaska State contrac-
tor's license under the provisions of this code. No person shall engage in
the businesses of installing, repairing or altering electrical systems unless
the electrical work performed in the course of such business is performed by a
person holding a state fitness card and is under the direction of a licensed
electrical contractor.
15.08.030 Use of licensee's name by another. No person who has obtained
an electrical contractor's license shall allow his name to be used by another
person either for the purpose of obtaining permits or doing business or work
under the license.
15.08.040 Permit - exception. A. Any permit required by this code may
be issued to any /person to do any work regulated by this code in a single -
family dwelling used exclusively for living purposes, including the usual
accessory buildings and quarters in connection with such buildings; provided
the person is the bona fide owner of such dwelling and that the same will be
occupied by the owner.
B. 'No person shall apply for a second permit under this exception
within a 24 -month period for purposes of new residential construction.
1 .08.050 Permit application. Application for permits shall be made on
suitable forms provided by the building official. The application shall be
accompanied by fees in accordance with the schedule of fees set forth in
Section 15.08.060.
15.08.060 Permit fees schedule. A. The following schedule of fees shall
apply to all electrical work for which a permit is required in accordance with
this chapter. For new construction of electrical work:
1. Single family and duplexes:
Temporary work service permit $20.00
Residential single - family, new 50.00
Duplex, new 70.00
Additional wiring, remodeling 20.00
2. All other electrical work:
Issuance of permit $10.00 plus
Each fixture, duplex outlet,
individual switch, emergency light,
(a permit fee for each) 1.25
Electrical heat per k.w. installed 1.00
Each power outlet 2.00
Electrical service to 200 amps 20.00
Over 200 amps 30.00
Each area floodlight, first light 20.00
Each additional floodlight 5.00
Generator per k.w. output
1.00
Transformers 5 k.v.a. or above
5.00
Motor connection - 15hp & above (per hp)
1.00
Transfer switches:
Manual 5.00
Automatic 10.00
Electrical signs 20.00
Trailer courts (each space)
50.00
Each additional (same permit)
10.00
Temporary services
5.00
Environmental control devices per
outlet /unit
1.25
B. The following schedule of fees shall apply to all electrical work for
which a plan review is required in accordance with this chapter.
PLAN REVIEW RANGE
0 - $500
$501 - $1,000
$1,001 - $2,000
$2,001 $3,000
$3,001/ - $4,000
$4,0,1 - $6,000
$6 O1 and up
Z
C. When extra inspections are made necessary by reason of defective
work, or otherwise through fault or error on the part of the holder of the
permit, or on the part of his employees after notice has been given in writing
by the building official setting forth the violation, only one such extra
Ordinance No. 84 -31 -0
PLAN REVIEW FEE
$ 35.00
60.00
100.00
150.00
200.00
250.00
300.00
inspection shall be made under the regular fees as herein prescribed. For
each further extra inspection for which the holder of the permit or his
employee is entirely responsible, fees shall be charged as follows:
First inspection $10.00
Second inspection 15.00
Each additional inspection 25.00
D. The building department shall allow a maximum of ten working days
following the date of inspection for correction of such work.
Sections:
15.12.010 Administration and enforcement
15.12.020 License required
15.12.030 Use of licensee's name by another
15.12.040 Permit - exception
15.12.050 Permit application
15.12.060 Permit fee schedule
15.12.070 Inspections
15.12.010 Administration and enforcement. The administration and
enforcement of this chapter shall be the duty of the borough building offi-
cial, who is authorized to take such action as may be reasonably necessary to
enforce the purposes of this code. The borough manager may appoint or
authorize an assistant or agent to the building official if necessary to carry
out the provisions of this code.
15.12.020 License required. No individual shall engage in the business
of plumbing in the borough unless licensed as a plumber by the State of Alaska
and carrying a valid Alaska State contractor's license under the provisions of
this code. No person shall engage in the business of installing, repairing,
or altering plumbing unless he holds a state fitness card and is under the
direct supervision of a licensed plumber.
15.12.030 Use of licensee's name by another. No person who has obtained
a plumbing contractor's license shall allow his name to be used by another
person either for the purpose of obtaining permits or doing business or work
under the
cense.
15.12.040 Permit - exception. A. Any permit required by this code may
be issued to any person to do any work regulated by this code in a single -
family or duplex dwelling used exclusively for living purposes, including the
usual accessory buildings and quarters in connection with such building,
provided the person is the bona fide owner of such dwelling and that the same
will be occupied by the owner.
nrdfnance No. 84 -31 -0
CHAPTER 15.12
PLUMBING CODE
B. No person shall apply for a second permit under this exception
within a 24 -month period for purposes of new residential construction.
lication. Application for permit shall be made on
15 1� 0 ?emit app lication shall be
suitable forms provided by the building official. The app
accompanied by fees in accordance with the schedule set forth in section
15.12.060.
15..12.060 Permit fee schedule. The following schedule of fees shall
apply to all plumbing
work for which a permit is required in accordance with
j this chapter. For new construction of plumbing work:
1. Single - family and duplexes:
Residential single - family, new $50.00 70.00
Duplex, new 20.00
Additional plumbing, remodeling
2. All other plumbing work:
$ 3.00
Each plumbing fixture
3.00
Each gas outlet
Each water heater & hot water 15
boiler (per 1000 btu)
Automatic sprinkler systems (per head) 1.00
Plumbing alteration work (per outlet)
is 19 070 Inspections. All plumbing and drainage systems shall be
I inspected by the building
official to ensure compliance with all requirements
of this code.
CHAPTER 15.20
MOBILE HOMES
\Sections:
15.20.010 Definitions
15.20.020 Mobile home construction standards
15.12.010 Definitions. A. "Mobile home" means a structure transportable
in one or more segtions, which is eight body feet or more in width and is
j feet or more in length, and which is built on a permanent
thirty -two body permanent
,chassis and designed to be used as a dwelling with or without a p
I I
foundation wh /n connected to the required utilitie where space for two
B. " obile home park" means any area. or premises,
or more mo ile homes are rented, held for rent, t oror which free occupancy is
permitte to users for the purpose of securing their
"Re creational vehicle" means a vehicular type unit primarily de
C. in or travel
signed as temporary living quarters for recreational, camping,
1 ' 9
9 1 1
which either has its own motive power or is mounted on or drawn by another
vehicle. Examples are travel trailers, camping trailers, truck campers, and
motor homes.
15.20.020 Mobile home construction standards. Any mobile home intended
to be placed on lands within the Kodiak Island Borough must conform to the
following construction standards:
A. Mobile homes constructed after June 15, 1976 must conform to the
standards set forth in the Code of Federal Regulations, Title 24, Chapter 2,
Part 280.
B. Mobile homes constructed between September 1971 and June 15, 1976,
if altered or relocated within the borough, must be brought up to the stan-
dards set forward as Alaska Statutes, Title 45, subsection 45.30.
C. Mobile homes constructed prior to September 1971, if altered or
relocated within the borough must be brought up to the standards set forth in
Section 15.24.010 (B) of this code. (Ord. 82 -21 -) (A) 28, 1982; Ord. 77 -24 -0
23, 1977.)
Sections:
Sections:
15.24.010 Adoption
15.24.020 Copies on file /sale
CHAPTER 15.24
FIRE CODE
15.24.010 Adoption. There is hereby adopted by reference as the fire
code for the Kodiak Island Borough fire protection districts, the Uniform Fire
Code, 1982 edition, prepared by the International Conference of Building
Officials and the Western Fire Chiefs Association.
15.24.020 Copies on file /sale. After adoption, the building official
shall provide for sale to those interested, copies of the code adopted pur-
suant to section 15.24.010. At least one copy shall be kept in the office of
the borough clerk.
CHAPTER 15.26
DRIVEWAY ACCESS
15.26.010 Administration and enforcement
15.26.020 Permit required
15.26.030 Application for permit
15.26.040 General requirements
15.26.050 Inspections
15.26.060 Liability
15.26.010 Administration and enforcement. The admintratioa d en-
al
fici
forcement of this chapter shall be the duty of the borough necessary sngr f o
who is authorized to take such action as may be reasonably Dint or
enforce the purposes of this code. The borough manager may appoint
authorize an assistant or agent to the building official if necessary to carry
out the provisions of this code.
15 26 020 Permit required. It shall be unlawful for any person, firm,
association, or corporation to construct a drive access on borough -owned
property or rights -of -way or property adjoining borough -owned property or
rights -of -way, without first obtaining a separate permit from the building
official.
lication for permit. To obtain a permit, the applicant
15 26 030 App the building
shall first file an application in writing on a form furnished by
official for that purpose. Every such application shall:
a . Identify and describe the work to be covered by the permit for which
application is made;
b. Describe the land on which the proposed work is to be legal
d on e by 8
description, street address, or similar description that will readily identify
and definitely locate the proposed access;
c . Be accompanied by plans, diagrams, computations, and specifications
or other data as required by the building official;
d. Be signed by the permittee, or his authorized agent who may be
required to submit evidence to indicate such authority by the building
e . Give such other data and information as may
official.
15.26.040 General re uirements. The following requirements shall apply
to all construction governed by this chapter:
a . All drive accesses, driveways, or road approaches shall be con-
structed and maintained in such but not limited to
a that the
'tenances or facilities including, Y by b the
culverts, and utilities shall not be impaired or endangered in any wa
construction or maintenance of this facility. feet.
b. Standard drive access width shall be fourteen 14) line shall be -2
c. Standard grade from shoulder of roadway to propertY
percent. ercent inside
d. The algebraic difference in grade shall not exceed 14 p
the property line.
e. If a culvert is required, the ditch depth, culvert length, and
type,
size shall be determined by the borough engineer.
ermit
15 36 050 Insyections. A. All constninspection for
by the buildir
is issued under this chapter shall be subject the building offic
official. A survey of the property may be required by plans.
to verify that the facility is located in accordance with the approved p
It shall be the duty of the permit applicant to cause the work to be
1 9 1 ; 1 a �t
accessible and exposed for inspection purposes.
nor the borough shall be liable for expense
replacement of any material required
B. A copy of the permit must
not, the borough reserves the right
the permit is posted.
workmanship not
are made, or to
ment
C.
Sections:
15.28.010
15.28.020
15.28.030
15.28.040
Ordinance No. 84 -31 -0
Page 13
The borough
reserves
Neither the building official
entailed in the removal or
to allow inspection.
be on the construction site. If it is
to stop construction until such
time as
the right to inspect and reject materials or
to borough standards, to stop construction until corrections
require removal of the facility and to charge time and equip -
to the permittee for correction.
15.26.060 Liabilit A. All drive accesses, driveways, or road
approaches constructed under this chapter on any borough -owned property or
rights -of -way shall be the property of the borough. All costs and liability
in connection with the construction or maintenance of said accesses shall be
at the sole expense of those lands and /or persons served.
B. The permittee shall adjust, relocate, or remove this facility
without cost or liability to the borough if, at any time, or from time to
time, the use or safety of the street requires this to be done.
C. The permittee shall assume all liability or costs in connection with
the facilities and shall hold harmless the borough, its officers, agents,
employees, and /or contractors in any matters pertaining to the facilities for
which the permit is issued.
CHAPTER 15.28
PUBLIC CONSTRUCTION
Bond of contractors for public buildings or works
Qualification in lieu of bonding
Rights of persons furnishing labor and material
Definitions
15.28.010 Bond of contractors for ublic buildin s or works. A. Except
as otherwise provided in section 1 5.28.020, before a construction contract
exceeding $10,000.00 for the construction, alteration, or repair of a public
building or public work of the borough is awarded to a general or specialty
contractor, tbe contractor shall furnish to the borough the following bonds
which will become binding upon the award of the contract to the contractor:
1 A payment bond with a corporate surety
qualified
din the sta e, or at least two individuals who shall each qualify t in d a sum iness
equal to he amount of the bond, for the protection of all persons who supply
labor and materials in the prosecution of the work provided for in the con -
tract. The payment bond shall be in amounts as follows:
a. When the total amount payable by the terms of the contract
is not more than $ the payment bond shall be in a sum of one -half
the total amount payable by the terms of the contract.
) 9
b. When the total amount payable by the terms of the contract
is more than $1,000,000.00, and not more than $5,000,000.00, the payment bond
shall be in a sum of 40 percent of the total amount payable by the terms of
the contract.
c. When the total amount payable by the terms of the contract
is more than $5,000,000.00, the payment bond shall be in a sum of $2,500,0
2. A performance bond in an amount equal to the required payment
bond with a corporate surety qualified to do business in the sta t a least
two individual sureties who shall each qualify
of the bond. with the provisions of
B. When individual sureties are used to comply
subsection (A) of this section, the net worth and the total value
lesoftthe the
assets located in Alaska for each individual surety may n l execute an of th eit
required amount of the bond. Each individual surety
demonstrating the
of individual surety on a form provided by e
sufficiency of the surety's assets. Real property shall be valued at its
assessed valuation, proof of which must accompany the affidavits, unless a
current independent appraisal has been performed and a copy of the appraisal
accompanies the affidavit.
15 28 020 Qualification in lieu of bonding A. The bonds required by
ect having a total value of less
section 15.28.010 shall be waived for any P ro j provided in this section prior
than $50,000.00 if the contractor qualifies as P cash,
to the time for award of the contract and deposits with the borough by
postal money orders, certified checks, or cashier's erfarmancecbond and sum equal
percent of the contract amount in lieu of a p bond.
five percent of the contract amount in lieu of a m ent payment bo bo contractor is qualified for
B. If the following four criteria apply,
a waiver of bond requirements:
1. The contractor has maintained a business office within the
Kodiak Island Borough for a continuous period of not less than six calendar
'months prior to the application for qualification;
2. A statement is submitted to the borough, prepared and signed by
a certified public accountant or the manager or other qualified officer of a
( federal or state chartered bank, savings and loan association, or credit
union, demonstrating that the contractor has a current net worth of a stated
amount not less than twice the total liaassets of the contractorla0re0a0sOtated
whichever is less, and that the liquid
amount of not less than 25 percent of the total value of the contract or
$12,500.00, whichever is less. The statement shall be dated not more than 60
days prior to application for qualification;
3. The contractor is recommended by the owners of not fewer than
five projects completed by the contractor or on which the contractor completed
specified ortions of the project under one or more contractors;
il l
4. The contractor submits not fewer than three references
establishing his good credit standing in the community.
xr._ S4 -31 -0
rj 1 i • z 6 1 n
C. Contracts awarded without bonds shall be signed and guaranteed by
the following person, in their individual capacities, in addition to the
authorized signature of the contractor:
1. Each general partner, if the contractor is a partnership; and
2. Each officer or general manager and each shareholder holding
ten percent or more of the common stock, if the contractor is a corporation.
D. Upon completion of the project, the contractor shall submit an
affidavit of payment of all sums due or claimed to be due for labor or
materials on the project. Final payment shall be made following receipt of
this affidavit and, if no claims for labor or materials have been received by
the borough within 90 days after acceptance of the project, the deposit made
in lieu of a labor and material payment bond shall be released to the
contractor.
E. The
deposit made in lieu of a performance bond shall be retained for
a period of one year unless the Assembly determines to release the deposit
after a shorter time upon the recommendation of the borough engineer. The
recommendation of the borough engineer shall be based upon consideration of
the nature and complexity of the project.
15.28.030 Rights of persons furnishing labor and materials. A
person who furnishes labor or materials in the prosecution of work provided
for in a contract of which
a payment bond is
furnished under section 15.28.010
and who is not paid in full before the expiration of 90 days after the last
day on which the labor is performed or material is furnished shall have
recourse under AS 36.25.020.
15.28.040 Definitions. As used in this chapter, the following defini-
tions shall apply:
a. "Local office" means a principal place of business used for the
conduct of general firm activities and shall not include a construction shack
or other temporary quarters established and utilized mainly for the super -
vision or management of one or more ongoing projects.
b. , "Materials" means all supplies, products, raw materials, and
equipment utilized in the construction project.
Sections
5.36.010 Com.osition. 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 seats shall be filled
by current members of the architectural review board. One member shall be
15 36.010 Composition
1.36.020 Administrative jurisdiction
Ordinance No. 84 -31 -0
is
CHAPTER 15.36
BUILDING CODE BOARD OF APPEALS
Each of the seven members shall be large.
selected from the community the assembly.
appointed by the mayor and ratified by
B. The borough manager or his designee shall be an ex officio member of
the board. Leasure of the appointing
C. All appointees shall serve at the p
authority. appointed for staggered three -year
D. The members of the board shall be app
terms. quorum for
E. Four members of the board of appeals shall constitute a q
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. (Ord. 82- 21-0(A) t (part), 1982.)
15.36.020 Administrative urisdiction. A. The duties of the board sha ll
t ed building codes including the building,
be as stated in the adopted the state a
and plumbing codes. The National Electrical Code as ade and
and therefore is
the borough has no providions for a local board of appeals
specifically excluded.
B. The building code board of appeals by resolution may adopt rules
ret, or make specific its
consistent with this title to implement, inter , P
Copies of all rules adopted under this subsection shall be
provisions. P official and the
available to the public in the offices of the building
borough clerk. from the actions of
C. The board shall hear and decide appeals regulations under Title 15.
administrative officials relating to building
te materials and methods of
of alternate !board may determine the suitability rovisions of
construction and provide for reasonable interpretation of the p
Title 15.
D. The board shall also recommend such amendments to Title 15 as may be
necessary• appeals is the final appellate board of the borough for
� E. The board of app art). 1982.)
\matters heard by it. (Ord. 82= 21 -0(A) 111 (P
'Sections:
1
i the p ower
;
B.
I of the
i
15.40.010 Enforcement authority.
15.40.0
Administrative inspections.
15.40.030 Penalties and remedies.
Enforcement authorit A. The building official shall have
15.40 .0
and duty to enforce t e done in violatior.
Stop Order--Issuance. Whenever any work is being
variance with the terms of any p
for such work, the building official may
1 order all work on the joy
and any work or
or variance
h provisions of this title.
CHAPTER 15.4
ENFORCEMENT, PENALTIES, AND REMEDIES
provisions of this title, le , or in varia
issued
'stopped until such violation
I I
is eliminated
1
installation made in violation of this title, corrected.
oral, shall be followed by a Such stop order, if
Y written stop order within twenty -four (24) hours
(excluding Saturdays, 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 man
1 borough assembly. B ager, or
D. Upon written complaint by a citizen or upon his own
building official may, P initiative, the
Y, after investigation, initiate legal proceedings against
any persons for the violation of this title.
The building official shall give
at least ten days' written notice of intent to
legal proceedings only prosecute and may initiate
y 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
8 2- 21 -0(A) 212 (part), 1982.) Period. (Ord.,
15.40.020 Administrative ins
1 brought notwithstandi
application for inju
Iviolation, the Sup
C. Each ac
Section 15.40.0
continues or i
ections.
the building official may make inspections necessary prdtocenforcetthe phapsr,
of this title. When the building rovisions
g 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 title
where the Constitution of the United States or the state of Alaska provided
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. (Ord. 8 2- 21 -0(A) 212 (part), 1982.)
15.40.030 Penalties and remedies.
person A. A
of this title or any order issued under ection15.40.010iis gut l t yy
misdemeanor and upon conviction is punishable by a fine of not
uiy
hundred dollars.
Each day of violation constitutes a separate
B. The borough or any aggrieved person may bring
'enjoin any violation of thfs title, or any order issued
;15.40.010 and to obtain dimages for any injury the
result of the violation! An action for injunction
the availability of any other remedy.
ctive relief and the finding of an existing
for Court shall enjoin the violation.
or condition violating this title or any order
and each day during which the act or condition
repeated shall be a separate and distinct violation.
D. The penalties provided for violation of this chapter
to and not in lieu
remedy other Penalty provided for in state
more
or
provision
of a
than three
offense.
a civil action to
under Section
plaintiff suffered as a
under this section may be
Upon
threatened
issued under
exists,
of any are in addition
y available to the borough. law or any civil
8 (Ord. 83 -37 -0 P3, 1983: Ord.
(part), 1982.) 82 -21 -0 (A) P12
Ordinance No. 84 -31 -0
Page 17
1 0 `' i - 1 5
Sections:
15.44.010 Appeals from building official.
15.44.020 Appeals -- Hearing and decision.
15.44.030 Appeal -- Decision.
15.44.040 Exception -- Application.
15.44.050 Exceptions- Investigation.
15.44.060 Exceptions -- Public hearing.
15.44.070 Exceptions -- Granting or denial.
15.44.080 Fees -- Appeals and exceptions.
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 subsection A of this section is final unless
appealed to the building code board of appeals within ten days of the mailing
of notice of the decision. An appeal is commenced by filing with the borough
clerk a written notice of appeal, specifically 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. (Ord. 82- 21 -0(A) !13
(part), 1982.)
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 person interested in the appeal.
B. The building code board of appeals shall either affirm or reverse
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 conclusion 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 reasons for the decision.
D. The building code board of appeals' decision on an appeal shall be
: mailed to the app $ lant within ten days after the decision. (Ord. 82- 21 -0(A)
113 (part), 1982!)
15.44.030 Appeal--Decision. The building code board of appeal shall
render a decision on the appeal within forty days after its filing. (Ord.
82- 21 -0(A) 113 (part), 1982.)
Ordinance No. 84 -31 -0
CHAPTER 15.44
APPEALS AND EXCEPTIONS
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
under this chapter.
will not be injurious to public
other properties or uses in the
B. The board may require
technical studies in support of
1982.)
exception, and payment of the exception fee prescribed
(Ord. 82- 21 -0(A) 113 (part), 1982.)
A. The building code board of
that such uses
health, safety or welfare or detrimental to
vicinity.
the petitioner to submit engineering and other
his petition. (Ord. 82- 21 -0(A) 113 (part),
15.44.050 Exceptions -- Investigation.
appeals shall cause an investigation to be made to determine
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 days nor more than thirty 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 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 purposes of this chapter,
"owner of property" means that owner shown upon the latest tax assessment
rolls. (Ord. 82- 21 -0(A) 113 (part), 1982.)
15.44.070 Exceptions -- Granting or denial. Within forty 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. (Ord. 82- 21 -0(A) 213 (part), 1982.)
15.44.080 Fees -- Appeals and exceptions. Notices of appeal and
applications for exception shall be accompanied by a filing fee of fifty
dollars, payable to the Kodiak Island Borough. (Ord. 82- 21 -0(A) 213 (part),
1982.)
approval.
Section 3. This ordinance shall be effective upon passage and
Ordinance No. 84 -31 -0
ATTEST:
PASSED AND APPROVED this day of , 1984.
By
Borough Clerk
First Reading and Approval:
Second Reading, Public Hearing, Passage:
Effective Date:
Recommended By:
Ordinance No. 84 -31 -0
Paste 20
KODIAK ISLAND BOROUGH
By
Borough Mayor