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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15.08, 15.12, 15.16, 15.20 15.28, 15.32, 15.36, 15.40, and 15.44 of the Kodiak Island Borough Code are 24, hereby repealed.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