1984-42 Repealing and Re-Enacting Title 15, Buildings and Constructionr) i
KODIAK ISLAND BOROUGH
ORDINANCE N0. 84 -42 -0
AN ORDINANCE OF THE KODIAK ISLAND BOROUGH REPEALING AND RE- ENACTING
TITLE 15, BUILDINGS AND CONSTRUCTION.
Section 1. Chapter 15.02, 15.04, 15.08, 15.12, 15.16, 15.20, 15.24,
1 15.28, 15.32, 15.36, 15.40, and 15.44 of the Kodiak Island Borough Code are
hereby repealed.
Section 2. New chapters of Title 15 of the Kodiak Island Borough
Code are hereby adopted as follows:
Chapters:
Sections:
Sections:
1 3 y
TITLE 15
BUILDINGS AND CONSTRUCTION
15.02 Definitions
15.04 Building Codes
15.08 Electrical Code
15.12 Plumbing Code
15.20 Mobile Homes
15.24 Fire Codes
15.26 Driveway Access
15.28 Public Construction
15.32 House Numbering
15.36 Building Code Board of Appeals
15.40 Enforcement, Penalties, and Remedies
15.44 Appeals and Exceptions
15.04.010
15.04.020
15.04.030
15.04.040
15.04.050
15.04.060
15.04.070
CHAPTER 15.02
DEFINITIONS
15.02.010 Building
15.02.020 Building code
15.02.030 Building official
15.04.040 Building square footage
15.02.010 Building. "Building" means any structure built for the
support, shelter, or enclosure of persons, animals, chattels, or property of
any kind. (Ord. 82 -21 -0 (A) 11 (part), 1982.)
15.02.020 Building code. "Building code" means the Uniform Building Code
i
(1982) and any other building regulations applicable in the borough.
i
15.02.030 Building official. "Building official" meat::: :.1,2 officer
i t charged with the administration and enforcement of this title. (Ord. 82 - 21 -
I (A) LI (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) Pi (part), 1982.)
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
Table 3 -A Amended
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
1 ; 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
authorize an assistant or agent to the building official if necessary to carry
out the provisions of this title.
15.04.020 Copies on file for sale. After adoption, the building official
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
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. not be required for the
B. Exempted work. A building permit
following:
1. One- story, detached accessory buildings used as tool- and
storage sheds, playhouses, and similar uses provided the projected roof area
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 five feet high;
5. Retaining walls which are not over four feet in height measured
1 from the bottom of the footing to the top of the wall, unless supporting a
surcharge or impounding flammable liquids;
6. Water tanks supported directly upon grade if the capacity does
i� not exceed 5,000 gallons and the ratio of height to diameter or width does not
exceed two to one;
7. Platforms and walks not more than 30 inches above grade and not
I CI over any basement or story below;
8. 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; 3
11. Prefabricated swimming pools accessory to a Group R, Division
I 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
mechanical permits will be required for the above exempted items.
D. Exemption from the permit requirements of this code shall not be
1' deemed to grant authorization for any work to be done in any manner in vio1a-
tion of the provision of this code or any other laws or ordinances of this
jurisdiction.
15.04.080
15.04.090
15.04.100
15.04.1
15.04.120
1 5 7. 7
Ordinance No. 84 -42 -0
Temporary structures
Roof snow load
Basic wind speed
Earthquake regulations - symbols and notations
Footings - general
11 1
1 b ?
Pt
15.04.040 Contractor requirements. A. License 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
I 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
j 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
1 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
;l within a 12 -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)
It (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) P3 (part), 1982.)
15.04.070 Table 3 -A Amended. A. The fee schedule set forth in Table 3 -A
of the Uniform Building Code is hereby amended by the addition of a new
sentence 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. 82- 1- 21 -0(A) f3(part), 1982)
B. 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 -0 (A) F 3
(part), 1982.)
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 $10.00. These temporary structures shall be complete-
ly removed at the expiration of the time limit stated in such permit.
A. No Certificate of Occupancy or certification of project completion
shall be issued until the temporary structure is removed.
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.
Ordinance No. 84 -42 -0
Page 3
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. The
building official may, if he feels it is necessary, increase the design roof
snow load depending on local conditions.
15.04.100 Basic wind speed. The basic design wind speed shall be not
less than 110 miles per hour. The building official may, if he feels it is
necessary, increase the basic design wind speed depending on exposure.
15.04.110 Earthquake regulations - symbols and notations. Section 2312
(c) of the Uniform Building Code shall be amended to read:
EXCEPTION: "W" shall be equal to the total dead load plus 35 percent of
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 approved footings or piers buried
a minimum of 32 inches below finish grade. This shall not apply to canti-
levered platforms or landings, nor shall it apply to concrete platforms or
landings not supporting any part of a building and extending no more than
eight inches above finish grade.
EXCEPTIONS: In lieu of extending footings below the frost line, one of
the following may be used, but in no case shall the footing extend less
than minimum cover depth required by the Uniform Building Code:
1. Place footings on natural sand or gravel backfill compacted to 95
percent standard density. The minimum width of the compacted sand or
gravel shall be twice the depth plus the width of the footings, except
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.
2. Place footings at a depth and in a type of soil so that allowable
soil bearing pressure may be calculated as prescribed elsewhere in this
code.
II
ii
Sections:
15.08.010
15.08.020
15.08.030
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
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 w
under the license.
Ordinance No. 84 -42 -0
Page 4
CHAPTER 15.08
ELECTRICAL CODE
Administration and enforcement
License required
Use of licensee's name by another
11 r) 1 t ! 1 / 5
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
I 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,
I, 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 license.
15.12.040 Inspections. All plumbing and drainage systems shall be
inspected by the building official to ensure compliance with all requirements
of this code.
Sections:
Sections:
15.20.010 Definitions
15.20.020 Mobile home construction standards
15.12.010 Administration and enforcement
15.12.020 License required
15.12.030 Use of licensee's name by another
15.12.040 Inspections
15.12.010 Definitions. A. "Mobile home" means a structure transportable
in one or more sections, which is eight body feet or more in width and is
thirty -two body feet or more in length, and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities.
B. "Mobile home park" means any area, or premises, where space for two
or more mobile homes are rented, held for rent, or for which free occupancy is
permitted to users for the purpose of securing their trade.
C. "Recreational vehicle" means a vehicular type unit primarily de-
signed as temporary living quarters for recreational, camping, or travel use
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.)
Ordinance No. 84 -42 -0
Page 5
CHAPTER 15.12
PLUMBING CODE
CHAPTER 15.20
MOBILE HOMES
1 1 7 1 5
Sections:
CHAPTER 15.24
FIRE CODE
15.24.010 Adoption
15.24.020 Copies on file /sale
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.
I
it
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
Sections:
15.26.010 Administration and enforcement. The administration and en-
forcement 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
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.
15.26.030 Application for permit. To obtain a permit, the applicant
shall first file an application in writing on a form furnished by the building
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 done by legal
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; and
e. Give such other data and information as may be required by the
building official.
f. Application shall be accompanied by payment of a $10.00 fee if not
in conjunction with a building permit application.
15.26.040 General requirements. 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 a manner that the street and all its appur-
tenances or facilities including, but not limited to, all drainage pipes,
culverts, and utilities shall not be impaired or endangered in any way by the
construction or maintenance of this facility.
b. Standard drive access width shall be twelve (12) feet.
c. Standard grade from shoulder of roadway toward the property line
for a distance of ten feet, shall be minus -two percent.
d. The algebraic difference in grade shall not exceed 17 percent.
Ordinance No. 84 -42 -0
Page 6
CHAPTER 15.26
DRIVEWAY ACCESS
) ' ') ' 1 - 1 5
e. If a culvert is required, the ditch depth, culvert type, length, and
size shall be determined by the borough engineer.
15.26.050 Inspections. A. All construction or work for which a permit
is issued under this chapter shall be subject to inspection by the building
official. A survey of the property may be required by the building official
to verify that the facility is located in accordance with the approved plans.
It shall be the duty of the permit applicant to cause the work to be acces-
sible and exposed for inspection purposes. Neither the building official nor
the borough shall be liable for expense entailed in the removal or replacement
of any material required to allow inspection.
B. A copy of the permit must be on the construction site. If it is
not, the borough reserves the right to stop construction until such time as
the permit is posted.
C. The borough reserves the right to inspect and reject materials or
workmanship not to borough standards, to stop construction until corrections
are made, or to require removal of the facility and to charge time and equip-
ment to the permittee for correction.
15.26.060 Liability. 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.
Sections:
15.28.010 Bond of contractors for public buildings or works
15.28.020 Qualification in lieu of bonding
15.28.030 Rights of persons furnishing labor and material
15.28.040 Definitions
15.28.010 Bond of contractors for public buildings or works. A. Except
as otherwise provided in section 15.28.020, 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, the 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 to do business
in the state, or at least two individuals who shall each qualify in a sum
equal to the 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 $1,000,000.00, the payment bond shall be in a sum of one - half
the total amount payable by the terms of the contract.
b. When e and t not m or e t than payable
$6,250,000.00 ,thef ay contract
is more than $1,000,000.00, shall be in a sum of 40 percent of the total amount payable by the t erms of
II
the contract.
c. When the total amount payable by the terms of the contract
is more than $6,250,000.00, the payment bond shall be in a sum of $2,500,000.
2. A performance bond in an amount equal to the required payment
!1 bond with a corporate surety qualified to do business in the state or at least
.two individual sureties who shall each qualify for a sum equal to the amount
i of the bond.
B. When individual sureties are used to comply with the provisions of
subsection (A) of this section, the net worth and the total value of the
1 1 assets located in Alaska for each individual surety may not be less than the
required amount of the bond. Each individual surety must execute an affidavit
of individual surety on a form provided by the borough, demonstrating the
jl sufficiency of the surety's assets. Real property shall be valued at its
I Ordinance No. 84 -42 -0
Page 7
CHAPTER 15.28
PUBLIC CONSTRUCTION
7 q 1
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
section 15.28.010 shall be waived for any project having a total value of less
than $50,000.00 if the contractor qualifies as provided in this section prior
to the time for award of the contract and deposits with the borough by cash,
postal money orders, certified checks, or cashier's checks a sum equal to five
percent of the contract amount in lieu of a performance bond and sum equal to
five percent of the contract amount in lieu of a payment bond.
B. If the following four'criteria apply, a contractor is qualified for
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
11 union, demonstrating that the contractor has a current net worth of a stated
amount not less than twice the total value of the contract or $100,000.00,
II whichever is less, and that the liquid assets of the contractor are a stated
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 portions of the project under one or more contractors;
4. The contractor submits not fewer than three references
establishing his good credit standing in the community.
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
1 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
and complexity the nature an p Y 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.
CHAPTER 15.36
BUILDING CODE BOARD OF APPEALS
1
Sections:
,. . - s `7
3
15.36.010 Composition
15.36.020 Administrative jurisdiction
!, Ordinance No. 84 -42 -0
Page 8
q ! 3 5 1 4
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 seats shall be filled
by current members of the architectural review board. One 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.
D. 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
,1 matters by the board of appeals, there must be a concurring vote of four
members. (Ord. 82- 21 -0(A) 2 (part), 1982.)
15.36.020 Administrative
jurisdiction.
be as stated in the adopted buildingcodes including the mechanical, echd scal
and plumbing codes. The National Electrical Code as adopted by the state and
the borough has no providions 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. (Ord. 82- 21 -0(A) 211 (part), 1982.)
Sections:
15.40.010
15.40.020
15.40.030
15.40.010 Enforcement authority. A. The building official shall have
the power and duty to enforce the provisions of this title.
B. Stop Order -- Issuance. Whenever any work is being done in violation
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 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 manager, or
borough assembly.
D. Upon written complaint by a citizen, or upon his own initiative, the
building official may, 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 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. (Ord.,
82- 21 -0(A) 112 (part), 1982.)
15.40.020 Administrative 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
Ordinance No. 84 -42 -0
Page 9
CHAPTER 15.40
ENFORCEMENT, PENALTIES, AND REMEDIES
Enforcement authority.
Administrative inspections.
Penalties and remedies.
'1 't ' 1 " 1 5 _}
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; provided, that
where the Constitution of the United States or the state of Alaska requires
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. 82- 21 -0(A) 112 (part), 1982.)
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 three
hundred dollars. 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 plaintiff suffered as a
result of the violation. An action for injunction 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.
C. Each act or condition violating this title or any order issued under
Section 15.40.010, and each day during which the act or condition exists,
continues or is repeated shall be a separate and distinct violation.
D. The penalties provided for violation of this chapter are in addition
to and not in lieu of any other penalty provided for in state law or any civil
remedy available to the borough. (Ord. 83 -37 -0 P3, 1983: Ord. 82- 21 -0(A) 112
(part), 1982.)
Sections:
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
1 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) 113
(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
the reasons for the decision.
CHAPTER 15.44
APPEALS AND EXCEPTIONS
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:
Ordinance No. 84 -42 -0
Page 10
ii
D. The building code board of appeals' decision on an appeal shall be
mailed to the appellant within ten days after the decision. (Ord. 82 21 - 0(A)
P13 (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.)
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 chapter. (Ord. 82- 21 -0(A) 113 (part), 1982.)
15.44.050 E xceptions -- 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 vicinity.
B. The board may require the petitioner to submit engineering and other
technical studies in support of his petition. (Ord. 82- 21 -0(A) 113 (part),
1982.)
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
i 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) P13 (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) 113 (part),
1982.)
Section 3. This ordinance shall be effective upon passage and
approval.
ATTEST:
:I .
I i By,i`c
Borough Cl
J First Reading and Approval: August 2, 1984
Second Reading, Public Hearing Sept. 6, 1984
I Effective Date: October 4, 1984
.f Recommended By:
Ordinance No. 84 -42 -0
Page 11
PASSED AND APPROVED this 4th day of October
KODIAK ISLAND BOROUGH
)27, (d; l';1IC'_
, 1984.
By r ClC /'-‘',!'2.,.X,
ough Mayor