1997-05 Amending Title 15, Title 3, and Title 17AN ORDINANCE AMENDING KODIAK ISLAND BOROUGH
CODE OF ORDINANCES TITLE 15 BUILDINGS AND CONSTRUCTION,
TITLE 3 REVENUE AND FINANCE, AND TITLE 17 ZONING
TO CONFORM WITH CHANGES IN THE UNIFORM BUILDING CODE
PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS
AND STANDARDIZE THE KODIAK ISLAND BOROUGH
AND THE CITY OF KODIAK BUILDING CODES
WHEREAS, the Joint Building Code Review Committee has met four times with the
building official since last May to consider revisions to the building codes; and
WHEREAS, the Joint Building Code Review Committee has recommended that the
City of Kodiak and the Kodiak Island Borough adopt updated building code editions;
and
WHEREAS, the Joint Building Code Review Committee has recommended that the
City of Kodiak and the Kodiak Island Borough adopt identical building codes, where
possible, since identical codes are of great benefit to builders, property owners, and
staff;
NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: This ordinance is of a general and permanent nature and shall become
a part of the Kodiak Island Borough Code of Ordinances.
Section 2: Sections of Chapter 15.02 Definitions of Title 15 Bui /dings and
Construction of the Kodiak Island Borough Code of Ordinances are
hereby repealed as follows:
Sections:
[ ]
[ ]
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KODIAK ISLAND BOROUGH
ORDINANCE NO. 97 -05
Chapter 15.02
DEFINITIONS
Introduced by: Mayor Selby
Requested by: Joint Building
Code Review Committee
Drafted by: Community
Development Department Director
Introduced: 04/03/97
Public Hearing: 04/17/97
Adopted: 04/17/97
Kodiak Island Borough, Alaska Ordinance No. 97 -05
Page 1 of 10
[ ilding" means any stru cture bui
[ . " ing official"
Sections:
15.04.010
15.04.015
15.04.035
15.04.040
15.04.050
15.04.055
15.04.060
15.04.070
15.04.090
15.04.100
• I • •
• • • . • • 1
15.04.010 Adoption of building and other codes. [
Kodiak Island Borough, Alaska
e stip shelter, or
Section 3: Sections of Chapter 15.04 Building Codes of Title 15 Buildings and
Construction of the Kodiak Island Borough Code of Ordinances are
hereby amended as follows:
Chapter 15.04
BUILDING CODES
Adoption of building and other codes.
Exception.
Plan check and approval.
Contractor requirements.
Uniform Building Code section [2505] 2305 amended.
Uniform Building Code appendix chapter [70] ''''33 amended.
Sanitation facilities.
[ - -- )] Building permit fees.
Roof snow Toad
Basic wind speed.
is r b adopted by reference as the building codes for the
e otticer char with t
Ordinance No. 97 -05
Page 2 of 10
15.04.015 Exception. [
They are adopted to regulate erection, construction, enlargement, alteration, repair,
moving, removal, conversion, demolition, occupancy, equipment, use, height, area
and maintenance of buildings or structures in the borough; to provide for the issuance
of permits and collection of feed therefore; and to provide penalties for violations of
these regulations. The building codes so adopted shall be interpreted, administered,
and enforced with the Io'cal a endments hereinafter s ecificsl;l set for h, lay
borough building official, who is authorized to take such action as may be reasonably
necessary to enforce the purposes of this section. The 4000411 mayor may appoint
or authorize an assistant or agent to the building official if necessary to carry out the
provisions of this section.
15.04.035 Plan check and approval.
B. When the building official determines it advisable because of the
complexity of the plans submitted, the plans may be submitted to the [state - dire
,] the international Conference of Building Officials (I.C.B.O.), or a
professional plan review service approved by the building official. The person
submitting the plans to the building official Chao be responsible for
[
9tfeel
15.04.040 Contractor requirements.
Kodiak Island Borough, Alaska
Ordinance No. 97 -05
Page 3 of 10
15.04.050 Uniform Building Code section 1-25051 2305 amended. Ungraded, locally
manufactured Bitka.pr000 lumber may be used in the construction of one (1) story
and two (2) story dwellings and accessory buildings. The following values shall be
used in determining the structural adequacy of member sizes:
Fb sin use=800 [4501 #/sq. in.
Fb re petitiv e
Ft =4 [2501 #/sq. in.
Fv= [6-5] #/sq. in.
Fc_= zi?5 [315] #/sq. in.
Fc=425 [275] #/sq. in.
ippo [aefe-ece] #/sq. in.
15.04.055 Uniform Building Code chapter [7 40.060.03 amended. .4rt
Chapter [70] p3 of the :1994 Uniform Building Code is amended to read as follows:
Section [7003] 3396 ; [Mg 1. When approved by the building official, grading in
an isolated area if there is no danger to private or public property. For purposes of
Kodiak Island Borough, Alaska
. ..
Ordinance No. 97-05
Page 4 of 10
this section, a lot located in a recorded subdivision shall not be considered an
isolated, self- contained area.
[(b)] 2. An excavation below finished grade for basements and footings of a
building, retaining wall or other structure authorized by a valid building permit. This
shall not exempt any fill made with the material from such an excavation or exempt
any excavation having an unsupported height greater than 10 feet after the
completion of such structure.
[Oil 8. An excavation which is (1) less than five (5) feet in depth, or (2)
which does not create a cut slope greater than ten (10) feet in height and steeper
than 1 % horizontal to 1 vertical.
[fb)I 9. A fill less than five (5) feet in depth and placed on natural terrain with
a slope flatter than 3 horizontal to 1 vertical, not intended to support structures,
which does not obstruct a drainage course.
Section [7009 - (b)j 441Z2 Slope. The slope of cut surfaces shall be no steeper than
is safe for the intended use and shall be no steeper than V2 horizontal to one (1)
vertical in solid rock and 2 horizontal to 1 vertical in other soils unless the permittee
furnishes a soil engineering or an engineering geology report, or both, stating that the
site has been investigated and giving an opinion that a cut at a steeper slope will be
stable and not create a hazard to public or private property. Where the cut slope in
rock exceeds thirty feet in height, a ten foot wide bench shall be provided at twenty
feet and at twenty foot intervals thereafter. For slopes greater than 1 %2 horizontal
to 1 vertical, the adjacent property line shall be fenced except along public right -of-
way before excavation is begun.
Section [ 1 1 Preparation of Ground. The ground surface shall be
prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other
unsuitable materials scarifying to provide a bond with the new fill and, where slopes
are steeper than five to one, and the height is greater than 5 feet, by benching into
sound bedrock or other competent material as determined by the soils engineer. The
bench under the toe of a fill on a slope steeper than 5 to one (1) shall be at /east 10
feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a
paved drain shall be provided. When fill is to be placed over a cut, the bench under
the toe of fill shall be at least ten feet (10') wide but the cut must be made before
placing fill and accepted by the soils engineer and engineering geologist as a suitable
foundation for fill. Unsuitable soil is soil which, in the opinion of the building official
or the civil engineer or the soils engineer or the geologist, is not competent to support
other soil or fill, to support structures or to satisfactorily perform the other functions
for which the soil is intended.
0r[fa)I Slope. The slope of fill surfaces shall be no steeper than is safe
. .....:..:.......:..
for the intended use. Fill surfaces shall be no steeper than two horizontal to one
vertical for soils other than fractured rock and one and one -half horizontal to one
vertical for fractured rock.
Section [7013 7--(a)J 36 <7 Slopes. The faces of cut and fill slopes shall be prepared
and maintained to control against erosion. This control may consist of effective
Kodiak Island Borough, Alaska Ordinance No. 97 -05
Page 5 of 10
planting. The protection for the slopes shall be installed as soon as practical and prior
to calling for final approval. Where cut slopes are not subject to erosion due to the
erosion - resistant character of the materials, such protection may be omitted. Any
topsoil available from any cut area shall be stockpiled and used to recover the
excavation site upon completion of grading and shall be seeded with appropriate
grasses.
15.04.060 Sanitation facilities. Section [1205 (d)] of the Uniform Building
Code ([1991] :1;99:4 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 the Kodiak urban area and Bells Flats and Russian Creek Alaska
subdivision 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.
15.04.070 [ - -- ] Building permit fees. The application for a
permit under this section shall be accompanied by any required fees established by
resolution of the Assembly.
15.04.090 Roof snow Toad. The basic design snow load shall be not less than forty
(40) pounds per square foot on the horizontal projection of the roof. t > <t e d isc retio n
of >t99the building official [ , '
increased [ ] depending on td >d t i i 0 [ ].
15.04.100 Basic wind speed. The basic design wind speed shall not be less than on
hundred and ten (110) miles per hour. ttd Tthe building official
9 [may;
0 b si ti d
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Sections:
15.12.080 Code -- Exception.
Kodiak Island Borough, Alaska
Chapter 15.12
PLUMBING CODE
15.12.080 Code exception. Subsection [1003
e increased depending on the
exposure.
15.04.110 Earthquake design - Symbols and notations.[
Section 4: Sections of Chapter 15.12 Plumbing Code of Title 15 Bui /dings and
Construction of the Kodiak Island Borough Code of Ordinances are
hereby amended as follows:
of the [ 1991 ] 19
94
Ordinance No. 97 -05
Page 6 of 10
Uniform Plumbing Code is amended to read:
Exception: Heat exchanges may be of single wall construction provided that (1) the
heat transfer medium is water or other practically non -toxic fluid having a toxicity
rating of class of 1, as listed in the Clinical Toxicology of Chemical Products, 5th
Edition; (2) the pressure of the heat transfer medium is limited to a maximum of 30
psig by an approved safety or relief valve; and (3) the heat exchanger is prominently
and permanently labeled with instructions concerning items (1) and (2) above.
Section 5: Sections of Chapter 15.24 Fire Code of Title 15 Buildings and
Construction of the Kodiak Island Borough Code of Ordinances are
hereby amended as follows:
Sections:
15.24.010 Adoption.
15.24.020 Copies on file /sale.
15.24.010 Adoption.
15.24.020 Copies of file /sale. Yf
Sections:
Chapter 15.24
FIRE CODE
Chapter [15.281 49
PUBLIC CONSTRUCTION
0
f15:2870101 4± c>~ 0 Bond of contractors for public buildings or works.
15. 28.020 +4t >Oi Qualification lieu of bonding.
[15;287030134 Rights of persons furnishing labor and materials.
[15728704013 Definitions.
Section 6: Chapter 15.28 Public Construction of Title 15 Buildings and Construction
is repealed and reenacted as Chapter 3.40 Public Construction of Title
3 Revenue and Finance of the Kodiak Island Borough Code of
Ordinances.
[18010].. 40 ►0 0 Bond of contractors for public buildings or works.
. ..................
A. Except as otherwise provided in section [15.28.020] +40 .fj of this chapter, before
Kodiak Island Borough, Alaska Ordinance No. 97 -05
Page 7 of 10
a construction contract exceeding two thousand dollars ($2,000) 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 (2) individuals who shall each qualify in a sum equal to the amount of the bond,
for the prosecution of the work provided for in the contract. 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 one million dollars ($1,000,000), the payment bond shall be in a sum of one -half (1/2) the
total amount payable by the terms of the contract;
b. When the total amount payable by the terms of the contract is more than
one million dollars, and not more than six million two hundred fifty thousand dollars
($6,250,000), the payment bond shall be in a sum of forty percent (40 %) of the total amount
payable by the terms of the contract; or
c. when the total amount payable by the terms of the contract is more than
six million two hundred fifty thousand dollars ($6,250,000), the payment bond shall be in a sum
of two million five hundred thousand dollars ($2,500,000).
2. a performance bond in an amount equal to the required payment bond with a
corporate surety qualified to do business in the state or at least two (2) individual sureties who
shall each qualify for a sum equal to the amount 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 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 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.
R 0 Qualification in lieu of bonding.
.:......
A. The bonds required by section [i2W0 1 of this chapter shall be waived for
any project having a total value of less than fifty thousand dollars ($50,000) 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 (5 %) of the contract amount in lieu of a performance bond and sum equal to five
percent (5 %) of the contract amount in lieu of a payment bond.
B. If the following four (4) criteria apply, a contractor is qualified for a waiver of bond
requirements:
1. the contractor has maintained a business office within the borough for a
continuous period of not less than six (6) 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 value of the contract or one hundred
thousand dollars ($100,000), whichever is less, and that the liquid assets of the contractor are a
stated amount of not less than twenty -five percent (25 %) of the total value of the contract or
twelve thousand five hundred dollars ($12,500), whichever is less. The statement shall be dated
Kodiak Island Borough, Alaska Ordinance No. 97 -05
Page 8 of 10
not more than sixty (60) days prior to application for qualification;
3. the contractor is recommended by the owners of not fewer than five (5) projects
completed by the contractor or on which the contractor completed specified portions of the project
under one (1) or more contractors; and
4. the contractor submits not fewer than three (3) references establishing his good
credit standing in the community.
C. Contracts awarded without bonds shall be signed 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 (10%)
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 ninety (90) days after acceptance of the project, the deposit made
in lieu of a labor and material payment shall be released to the contractor.
E. The deposit made in lieu of a performance bond shall be retained for a period of one
(1) 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 . �OQ0 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 3 10 of this chapter and who is not paid
in full before the expiration of ninety (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 Definitions. As used in this chapter, the following definitions 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 supervision or management of one (1) or more ongoing projects.
B. "Materials" means all supplies, products, raw materials, and equipment utilized in the
construction project.
Section 7: Sections 17.06.130 and 17.06.300 of Chapter 17.06 Definitions of Title
17 Zoning of the Kodiak Island Code of Ordinances is hereby amended
as follows:
17.06.130 Building height.
17.06.300 Grade, ground level.
17.06.130 Building Height. [ "Buildin height" means the vertical distance fro
Kodiak Island Borough, Alaska
Chapter 17.06
DEFINITIONS
Ordinance No. 97 -05
Page 9 of 10
17.06.300 Grade, ground level.
atthe s�dewalk�]
Section 7: This ordinance shall be effective June 1, 1997.
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS SEVENTEENTH DAY OF APRIL, 1997
KODIAK ISLAND BOROUGH
ATTEST:
er Y
Donna F. Smith, CMC /AAE, Borough Clerk
•
me M. Selby, Borou
h Mayor
C A 1.6(4,4-
Robin Heinrichs, Presiding Officer
Jer
Kodiak Island Borough, Alaska Ordinance No. 97-05
Page 10 of 10