05/07/2012 JBCRC Regular Meeting r.
JOINT BUILDING CODE REVIEW COMMITTEE ! --1 .< 7-- if I
Regular Meeting L It JUN $ ZO)Z ;
May 7, 2012
A regular meeting of the Joint Building Code Review Committee was held on Monday ;;MO:Sg11 0.1,3wi E
in the Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road: The'meeting - - `
called to order at 4 p.m.
Present were Committee members Scott Arndt, John Butler, Scott Bonney, Gregg Hacker, Ed
Mahoney, and Ex Officio members Randy Bishop and Jerrol Friend. Staff members present were
Building Official Doug Mathers, Assistant Building Official Ted Hansen, and Borough Deputy Clerk,
Marylynn McFarland.
A. APPROVAL OF AGENDA
ARNDT moved to approve the agenda.
Motion carried unanimously.
B. APPROVAL OF MINUTES — April 16, 2012
ARNDT moved to approve the meeting minutes of April 16, 2012.
Motion carried unanimously.
C. UNFINISHED BUSINESS
1. Draft Ordinance for Adoption of New Commercial Codes
Fire Chief Kamai reviewed Chapter 14.24.010 Fire Code with suggested changes and proposals.
Mathers outlined a variety of proposed changes in the draft ordinance of the International Building
Code 2009 Edition.
101.4.6 Energy. The provisions of the International Energy Conservation Code shall apply to all
matters governing the design and construction of buildings for energy efficiency. Consensus of the
Committee was to keep the energy portion out of the International building code.
ARNDT moved to approve Title 14 Buildings and Construction, Kodiak City Code, and Title 15
Buildings and Construction with the Kodiak Island Borough Code as reflected in the attached
revisions.
Motional carried unanimously.
Joint Building Code Review Committee Meeting Minutes
May 7, 2012 Page 1
D. NEW BUSINESS
1. Adoption of the 2012 International Residential Code
Mathers introduced the 2012 International Residential Code and outlined changes. Members
expressed that they would like to work through the different manuals before making a final decision.
Mathers will order copies of the 2012 International Residential Code for the members to use in their
review. It was discussed that it would be necessary to adopt 2009 Residential Code for residents to
be eligible for Alaska Housing Finance Corporation financing, and the age of the code was an
important factor to the cost of residential and commercial insurance.
BOARD MEMBER COMMENTS
None.
NEXT MEETING
Next meeting scheduled for Thursday, May 31, 2012 at 4 p.m.
ADJOURNMENT
MAHONEY moved to adjourn the meeting.
Motion carried unanimously.
The meeting was adjourned at 5:35 p.m.
a ,411 ■._.
ATTEST: Doug Mathers, Chair
�.. _ / 4 / _ � v' 43
Marylyf /cFarland, • C 006/,- Boro • Deputy Cler Approved:
Joint Building Code Review Committee Meeting Minutes
May 7, 2012 Page 2
Kodiak City Code Page 1/14
Title 14
BUILDINGS AND CONSTRUCTION
Chapters
14.04 Building Codes
14.08 Electrical Code
14.12 Plumbing Code
14.20 Mobile Homes
14.24 Fire Code
14.26 Drive Accesses
14.40 Building Code Board of Appeals
14.44 Enforcement, Penalties, and Remedies
14.48 Appeals and Exceptions
For charter provisions authorizing adoption of codes by reference, see City Charter Section 11 -15.
Chapter 14.04
BUILDING CODES
Sections
14.04.010 Adoption of building and other codes
14.04.020 Copies on file /sale
14.04.025 Plan check
14.04.050 Fees — required
14.04.070 Temporary structures
14.04.090 Roof snow load
14.04.120 Footings —general
14.04.150 Certificate of occupancy
14.04.010 Adoption of building and other codes
The following codes are hereby adopted by reference as the building codes for the
city of Kodiak:
1) (a) 2006 2009 International Building Code, as adopted with revisions in 13 AAC
50.020' • - • - • - • - •• - I t , and including Appendix H, Signs, for
all buildings except one- and two - family dwellings and residential accessory
buildings; provided, that the following revisions to the40062009 International
Building Code in 13 AAC 50.020 are not adopted: (1) the deletion in 13 AAC
50.020(1) of Sections 103, 104.4, 104.6, 104.8, 105.4, 106.5107.5, 108.2109.2,
108.4, 408:5109.5, and 409 -110 through 115. And revised by deleting references to
the International Property Maintenance Code, International Residential Code and the
International Energy Code.
mad (2) The revisions in 13 AAC 50.020(7) through (11), (16), (17), (66), (73), (74),
and (78).(77)
(b) 1997 Uniform Building Code for one- and two - family dwellings and residential
accessory buildings, including excerpts from Appendix Chapter 23, which are included
in the Uniform Building Code Vol. 1; options to Appendix Chapter 23, for exposure C
and D High Wind Wall Framing and Wood Piles, by Barry Still.
This page of the Kodiak City Code is current through Ordinance 1291, passed November 23, 2011.
Kodiak City Code Page 2/14
(c) 2006 2009 International Building Code Appendix J, Grading.
(d) 2006-2009 Uniform Plumbing Code, as adopted with revisions in 8 AAC 63.010
in effect as of September 27, 2008February 2011, Appendix Chapter B, Explanatory
Notes on Combination Waste and Vent Systems; and Appendix Chapter H,
Recommended Procedures for Sizing Commercial Kitchen Grease Interceptors.
(e) 28002009 International Mechanical Code, as adopted with revisions in 13 AAC
50.023 in effect as of September 17, 2007, except for the deletions in 13 AAC 50.023(1)
of Sections 103, 104, and 106 through 499-110 of the 2006 2009 International
Mechanical Code.
(f) 2008 2011 National Electric Code.
(1) New Section 300.4(C)fl) is amended-added to read as follows:
Thermoplastic type insulated conductors may not be installed when the working
environment is below 20 degrees farenheit.
d Formatted: Strikethrough
._ "'" ' _ _ _ "_ _ _ _ _ ' Formatted: Indent: Left: 0"
(2) Section 440:8410.16 iris changed to read Luminaries and Transformers in
closets. .
(g) 1997 Uniform Code for the Abatement of Dangerous Buildings.
(h) 1997 Uniform Housing Code.
(i)- 20062009 International Fuel Gas Code, Chapters 6 and 7.
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 city of Kodiak; to provide for the issuance
of permits and collection of fees therefor; and to provide penalties for violations of those
regulations. The building codes so adopted shall be interpreted, administered, and
enforced with the local amendments hereinafter specifically set forth by the city building
official who is authorized to take such action as may be reasonably necessary to
enforce the purposes of this section. The city manager may appoint or authorize an
assistant or agent to the building official if necessary to carry out the provisions of this
section. [Ord. 1246 §1, 2009; Ord. 1195a §1, 2005; Ord. 1145 §1, 2002; Ord. 1099,
1999; Ord. 1045 §1, 1997; Ord. 936 §1, 1992; Ord. 914 §1, 1991; Ord. 904, 1991; Ord.
836 §1, 1988; Ord. 722 §1, 1984; Ord. 650, 1982]
14.04.020 Copies on file /sale
After adoption, the building official shall provide for sale, to those interested, copies
of all codes adopted pursuant to KCC 14.04.010. At least two copies of each code of
technical regulations adopted by reference in KCC 14.04.010 shall be kept at the
building department office. [Ord. 1246 §2, 2009; Ord. 1195a §2, 2005; Ord. 722 §2,
1984; Ord. 650, 1982]
This page of the Kodiak City Code is current through Ordinance 1291, passed November 23, 2011.
Kodiak City Code Page 3/14
14.04.025 Plan check
(a) Before beginning construction, alteration, or remodeling of all occupancies and
buildings, plans and specifications regarding location on the property, area, height,
number of stories, type of construction, fire- resistive construction, interior finish, exit
facilities, electrical systems, mechanical systems, automatic fire- extinguishing systems,
and fire alarm systems must be submitted to the building official for examination 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 International Code Council (ICC)
or a professional plan review service approved by the building official. The person
submitting the plans to the building official shall be responsible for the plan review fee.
[Ord. 1195a §3, 2005]
14.04.050 Fees — required
(a) All building permit fees and charges and all water and sewer connection fees
associated with the construction which the permit authorizes shall be paid in full prior to
issuance of the permit.
(b) The fees and charges for building permits and services associated with such
permits shall be established by resolution of the city council. [Ord. 979 §4, 1993; Ord.
938 §2, 1992; Ord. 650, 1982]
14.04.070 Temporary structures
(a) Temporary structures, necessary for a construction project, may be erected,
located, or maintained for a period of not more than 180 days. The location of the
temporary structure must be approved by the building department.
(b) No certificate of occupancy or certification of project completion shall be issued
until the temporary structure is removed. If the building official feels it is necessary to do
a reinspection after a job has been completed, the fee for such reinspection shall be as
established by resolution of the city council. [Ord. 1246 §3, 2009; Ord. 951 § §10, 11,
1993; Ord. 836 §3, 1988; Ord. 710 §1, 1984; Ord. 650, 1982]
14.04.090 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. At the discretion of the building official the snow load
may be increased depending on the exposure. [Ord. 836 §4, 1988; Ord. 650, 1982]
14.04.120 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 36 inches below finish grade. This shall
not apply to cantilevered 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.
This page of the Kodiak City Code is current through Ordinance 1291. passed November 23, 2011.
Kodiak City Code Page 4/14
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 the minimum cover depth
required by the building code:
(a) 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 footing, 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 required by the building official.
(b) 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. [Ord. 1195a §6, 2005;
Ord. 722 §8, 1984; Ord. 650, 1982)
14.04.150 Certificate of occupancy
(a) It is unlawful to occupy or inhabit any building or structure for which a certificate
of occupancy has not been issued by the building official as provided in this title.
(b) The building official shall issue a certificate of occupancy upon completion of
each building or structure found to be in compliance with the terms of this title and rules
adopted hereby.
(c) Falsification of a certificate of occupancy for a building or structure not in
conformity with such certificates shall be deemed a violation of this title. [Ord. 1049 §4,
1997]
Chapter 14.08
ELECTRICAL CODE
Sections
14.08.010 Administration and enforcement
14.08.020 License required
14.08.030 Use of licensee's name by another
14.08.040 Permit — exception
14.08.050 Permit application
14.08.060 Permit fee
14.08.010 Administration and enforcement
The administration and enforcement of this chapter shall be the duty of the city
building official who is authorized to take such action as may be reasonably necessary
to enforce the purposes of this code. The city manager may appoint or authorize an
assistant or agent to the building official if necessary to carry out the provisions of this
code. [Ord. 650, 1982]
14.08.020 License required
No individual shall engage in the business of electrical installation in the city unless
licensed as an electrical contractor 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 businesses of installing, repairing, or altering electrical systems unless the electrical
work performed in the course of such business is done by a person holding a state
This page of the Kodiak City Code is current through Ordinance 1291, passed November 23, 2011.
Kodiak City Code Page 5/14
fitness card and is under the direction of a licensed electrical contractor. [Ord. 650,
1982]
14.08.030 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. [Ord. 650, 1982]
14.08.040 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 12 -month
period for purposes of new construction. [Ord. 662, 1983; Ord. 650, 1982]
14.08.050 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 KCC 14.08.060. [Ord. 650, 1982]
14.08.060 Permit fees
The fees and charges for permits for electrical work and services associated with
such permits shall be established by resolution or motion of the city council. [Ord. 938
§3, 1992; Ord. 836 §6, 1988; Ord. 650, 1982]
Chapter 14.12
PLUMBING CODE
Sections
14.12.010 Administration and enforcement
14.12.020 License required
14.12.030 Use of licensee's name by another
14.12.040 Permit — exception
14.12.050 Permit application
14.12.070 Inspections
14.12.010 Administration and enforcement
The administration and enforcement of this chapter shall be the duty of the city
building official, who is authorized to take such action as may be reasonably necessary
to enforce the purposes of this code. The city manager may appoint or authorize an
assistant or agent to the building official if necessary to carry out the provisions of this
code. [Ord. 650, 1982]
This page of the Kodiak City Code is current through Ordinance 1291, passed November 23, 2011.
Kodiak City Code Page 6/14
14.12.020 License required
No individual shall engage in the business of plumbing in the city 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 the individual holds a state fitness card and is
under the direct supervision of a licensed plumber. [Ord. 650, 1982]
14.12.030 Use of licensee's name by another
No person who has obtained a plumbing contractor's license shall allow the
contractor's name to be used by another person either for the purpose of obtaining
permits or doing business or work under the license. [Ord. 650, 1982]
14.12.040 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.
(b) No person shall apply for a second permit under this exception within a 12 -month
period for purposes of new construction. [Ord. 722 §10, 1984; Ord. 662, 1983; Ord. 650,
1982]
14.12.050 Permit application
Application for permit shall be made on suitable forms provided by the building
official. The application shall be accompanied by any required fees established by
resolution or motion of the city council. [Ord. 938 §5, 1992; Ord. 650, 1982]
14.12.070 Inspections
All plumbing and drainage systems shall be inspected by the building official to
ensure compliance with all requirements of this code. [Ord. 650, 1982]
Chapter 14.20
MOBILE HOMES
Sections
14.20.010 Definitions
14.20.020 Mobile home construction standards
14.20.030 Location— prohibited— exceptions— temporary visitor permit
14.20.050 Violation — penalty
14.20.010 Definitions
•
"Mobile home" means a structure transportable in one or more sections, which is
eight body feet or more in width and is 32 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.
This page of the Kodiak City Code is current through Ordinance 1291, passed November 23, 2011.
Kodiak City Code Page 7/14
"Mobile home park" means any area or premises where space for two or more
mobile homes is rented, held out for rent, or for which free occupancy is permitted to
users for the purpose of securing their trade.
"Recreational vehicle" means a vehicular type unit primarily designed 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. [Ord. 650, 1982]
14.20.020 Mobile home construction standards
Any mobile home intended to be placed in a mobile home park within the city of
Kodiak must conform to the standards set forth in the Code of Federal Regulations, Title
24, Part 3280, titled "Manufactured Home Construction and Safety Standards." [Ord.
836 §8, 1988; Ord. 650, 1982]
14.20.030 Location — prohibited— exceptions— temporary visitor permit
(a) The parking or otherwise locating of mobile homes for any purpose other than
storage anywhere within the city limits, outside an existing mobile home park, is
prohibited.
(b) The parking or otherwise locating of recreational vehicles for any purpose other
than storage anywhere within the city limits, outside an existing mobile home park, is
prohibited unless authorized by the terms of a temporary visitor permit or unless the
recreational vehicle is located on private property with the permission of the owner of
that property and is at least 150 feet from the nearest public road and all property
owned by other persons and for a maximum period of not more than 10 weeks in any
one calendar year.
(1) The cashier may issue one temporary permit per visitor per six -month period;
said permit not to exceed 14 days which shall be subject to a single renewal for a period
not to exceed an additional seven days. If the permittee fails to vacate or remove the
recreational vehicle at the expiration of the permit term and any renewal period granted,
the permittee shall become liable to the city for a civil fine in the amount of $20.00 per
day for each day or portion of a day that the recreational vehicle remains on the
premises without authorization plus any surcharge required to be imposed by AS
29.25.072. For the purpose of this section, "visitor" shall mean a person who journeys to
the city for the purpose of a short stay and has been in Kodiak for less than 30 days.
The temporary visitor permit will be issued only to recreational vehicles bearing a
current license plate. The permit will be issued to the license number except in the case
of vehicle- mounted campers, in which case, the permit will be issued to the license
number of the vehicle upon which the camper is mounted. It is not permitted under this
section to remove a camper from the licensed vehicle to which the temporary permit
applies.
(2) The cashier shall only issue temporary visitor permits for private property. If
the applicant desires to park a recreational vehicle on any city -owned property or rights -
of -way the permit shall be subject to approval by the council.
(3) Opportunity for objection to the issuance of a temporary visitor permit issued
under this section will be extended to property owners whose property immediately
abuts the private property on which the temporary visitor permit is issued or applied for,
This page of the Kodiak City Code is current through Ordinance 1291, passed November 23, 2011.
Kodiak City Code Page 8/14
and on whose property is situated an occupied dwelling. The objection may be made
before issuance or during the term of the permit. Any objections filed under this
subsection will be reviewed by the council at the next regular council meeting following
the filing of the objection; a decision by the council as to the issuance or continuance of
the protested permit will be made at that meeting.
(4) The city council may establish by resolution or motion the fees for each
original application for a temporary visitor permit and for the renewal of such permits.
[Ord. 1081 §16, 1998; Ord. 938 §6, 1992; Ord. 743, 1985; Ord. 697 §2, 1983; Ord. 662,
1983; Ord. 650, 1982]
14.20.050 Violation — penalty
The penalty for violation of this chapter shall be as prescribed in KCC 1.12.010. Any
person, firm, association, or corporation who violates any provision of this chapter shall
remove the mobile home or recreational vehicle within 10 days at the direction of the
building official. If the subject mobile home or recreational vehicle is not moved by the
owner, occupant, or person in immediate control, the city may authorize impoundment
of the mobile home or recreational vehicle. All costs for the above will be borne by the
•
owner. In addition, there shall be assessed against the owner a storage fee as •
established by resolution or motion of the city council. [Ord. 951 §12, 1993; Ord. 650,
1982]
Chapter 14.24
FIRE CODE
Sections
14.24.010 Adoption
14.24.020 Copies on file/sale
14.24.040 Plan review —fire safety inspection program
For other fire prevention provisions, see Chapter 8.36 KCC.
14.24.010 Adoption
The 2006 International Fire Code, including Appendices A through G, as adopted
with revisions in 13 AAC 50.025 in effect as of September 17, 2007, except for the
deletions in 13 AAC 50.025 (1) of Sections 104.2, 104.3, 104.5, 104.11, 104.11.1,
104.11.2, 106, 108, and 109 of the 2006 International Fire Code is hereby adopted by
reference as the fire code for the city of Kodiak. [Ord. 1246 §4, 2009; Ord. 1195a §8,
2005; Ord. 1145 §3, 2002; Ord. 1091, 1999; Ord. 1041 §8, 1997; Ord. 890, 1991; Ord. .
650, 1982]
14.24.020 Copies on file /sale
After adoption, the building official shall provide for sale, to those interested, copies
of the code adopted pursuant to KCC 14.24.010. At least three copies shall be kept at
the building department office. [Ord. 1195a §9, 2005; Ord. 722 §12, 1984; Ord. 650,
1982]
This page of the Kodiak City Code is current through Ordinance 1291, passed November 23, 2011.
Kodiak City Code Page 9/14
14.24.040 Plan review —fire safety inspection program
As required by the exemption granted by the State Fire Marshal under the authority
of 13 AAC 50.075, the city will provide review and approval of plans and specifications
and the enforcement of state fire statutes and regulations. In addition, the city will
conduct a building fire safety program which meets or exceeds the program conducted
by the State Division of Fire Prevention. [Ord. 1043 §3, 1997]
Chapter 14.26
DRIVE ACCESSES
Sections
14.26.010 Administration and enforcement
14.26.020 Permit required
14.26.030 Application for permit
14.26.040 General requirements
14.26.050 Inspections
14.26.060 Liability
14.26.010 Administration and enforcement
The administration and enforcement of this chapter shall be the duty of the city
building official who is authorized to take action as necessary to enforce the provisions
of this chapter. The city manager may appoint or authorize an assistant or agent to the
building official if necessary to carry out the provisions of this code. [Ord. 1195a §10,
2005; Ord. 699, 1983]
14.26.020 Permit required
It shall be unlawful for any person, firm, association, or corporation to construct a
drive access on city -owned property or rights -of -way, or property adjoining city -owned
property or rights -of -way, without first obtaining a separate permit from the building
official. [Ord. 699, 1983]
14.26.030 Application for permit
To obtain a permit, the applicant shall first file an application 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.
(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.
(e) Give such other data and information as may be required by the building official.
(f) Unless the application is submitted in conjunction with a building permit
application, it shall be accompanied by any required fees established by resolution or
This page of the Kodiak City Code is current through Ordinance 1291, passed November 23. 2011.
Kodiak City Code Page 10/14
motion of the city council. [Ord. 1195a §11, 2005; Ord. 938 §7, 1992; Ord. 836 §11,
1988; Ord. 699, 1983]
14.26.040 General requirements
The following requirements shall apply to all construction governed by this chapter:
(a) All drive accesses, driveways, or road approaches shall be constructed and
maintained in such a manner that the street and all its appurtenances or facilities
including but not limited to pavement, sidewalks, drainage pipes, culverts, and
underground utilities shall not be impaired or endangered in any way by the construction
or maintenance of this facility.
(b) The standard drive access width shall be 14 feet.
(c) The standard grade from the edge of the traveled roadway to the property line
shall be two percent down toward the property line.
(d) The grade shall not exceed 14 percent inside the property line.
(e) If a culvert is required, the ditch depth, culvert type, length, and size shall be
determined by the city engineer.
(f) All construction, material, and workmanship within the right -of -way must comply
with the latest edition of the city of Kodiak standard construction specifications and
standard details. [Ord. 1195a §12, 2005; Ord. 699, 1983]
14.26.050 Inspections
(a) All construction or work for which a permit is issued under this chapter shall be
subject to inspection and testing by the building official and the city engineer. 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 accessible and exposed for inspection purposes. Neither the
building official nor the city 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 city reserves
the right to stop construction until such time as the permit is posted.
(c) The city reserves the right to inspect and reject materials or workmanship not to
city standards, to stop construction until corrections are made, or to require removal of
the facility and to charge time and equipment to the permittee for correction. [Ord.
1195a §13, 2005; Ord. 699, 1983]
14.26.060 Liability
(a) All drive accesses, driveways, or road approaches constructed under this chapter
on any city -owned property or rights -of -way shall be the property of the city. 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 city 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 city, its officers, agents, employees, and /or contractors in
any matters pertaining to the facilities for which the permit is issued. [Ord. 699, 1983]
This page of the Kodiak City Code is current through Ordinance 1291, passed November 23, 2011.
Kodiak City Code Page 11114
Chapter 14.40
BUILDING CODE BOARD OF APPEALS
Sections
14.40.010 Composition
14.40.020 Administrativejurisdiction
14.40.010 Composition
(a) The building code board of appeals shall consist of five members, four of whom
shall be qualified by experience and training to pass upon matters pertaining to building
construction. One member shall be selected from the community at large. Each of the
five members shall be appointed by the mayor and ratified by the council.
(b) The building official 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) Three members of the board of appeals shall constitute a quorum for the
transaction of any business. For any affirmative action on quasi - judicial matters by the
board of appeals, there must be a concurring vote of three members. [Ord. 650, 1982]
14.40.020 Administrative jurisdiction
(a) The duties of the board shall be as stated in the adopted building codes including
the building, fire, mechanical, electrical, and plumbing codes.
(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 city clerk.
(c) The board shall hear and decide appeals from the actions of administrative
officials relating to building regulations under this title. The board may determine the
suitability of alternate materials and methods of construction and provide for reasonable
interpretation of the provisions of this title.
(d) The board shall also recommend such amendments to this title as may be
deemed necessary.
(e) The board of appeals is the final appellate board of the city for matters heard by
it. [Ord. 1195a §14, 2005; Ord. 740, 1984; Ord. 650, 1982]
Chapter 14.44
ENFORCEMENT, PENALTIES, AND REMEDIES
Sections
14.44.010 Enforcement authority
14.44.020 Administrative inspections
14.44.030 Penalties and remedies
14.44.010 Enforcement authority
(a) The building official shall have the power and duty to enforce the provisions of
this title.
This page of the Kodiak City Code is current through Ordinance 1291, passed November 23, 2011.
Kodiak City Code Page 12/14
(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 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, city
engineer, city manager, or city council.
(d) Upon written complaint by a citizen, or upon the building official's own initiative,
the official may, after investigation, initiate legal proceedings against any person for the
violation of this title. The building official shall give at least 10 days' written notice of
intent to prosecute and may initiate legal proceedings only if the violation is not cured
within that period, and if the person who is the subject of the notice fails to seek an
exception or other appropriate relief within the notice period. [Ord. 650, 1982]
14.44.020 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 that in any building or on any premises there exists any
violation of this title, the official may enter such building or premises at any reasonable
time to inspect the same or perform any 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, the official 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. 650, 1982]
14.44.030 Penalties and remedies
(a) A person who violates any provision of this title or any order issued under KCC
14.44.010 is guilty of an infraction and subject to a fine of not more than $300.00 plus
any surcharge required to be imposed by AS 29.25.072. Each day of violation
constitutes a separate offense.
(b) The city or any aggrieved person may bring a civil action to enjoin any violation of
this title, or any order issued under KCC 14.44.010, 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 KCC 14.44.010
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
city. [Ord. 1081 §17, 1998; Ord. 753 §7, 1985; Ord. 650, 1982]
This page of the Kodiak City Code is current through Ordinance 1291, passed November 23, 2011.
Kodiak City Code Page 13/14
Chapter 14.48
APPEALS AND EXCEPTIONS
Sections
14.48.010 Appeals from building official
14.48.020 Appeals— hearing and decision
14.48.030 Appeal— decision
14.48.040 Exceptions — application
14.48.050 Exceptions— investigation
14.48.060 Exceptions — public hearing
14.48.070 Exceptions — granting or denial
14.48.080 Fees — appeals and exceptions
14.48.010 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 KCC 14.44.010.
(b) A decision described in subsection (a) of this section is final unless appealed to
the building code board of appeals within 10 days of the mailing of notice of the
decision. An appeal is commenced by filing with the city 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. 650, 1982]
14.48.020 Appeals— hearing and decision
(a) The building code board of appeals shall hold a public hearing on each appeal.
At the hearing the board of appeals shall review the appeal record and hear evidence
and argument presented by persons interested in an 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 conclusions adopted by the board of appeals. The findings must be
reasonably specific so as to provide the community and, where appropriate, reviewing
authorities, a clear and precise understanding of the reason for the decision.
(d) The building code board of appeals' decision on an appeal shall be mailed to the
appellant within 10 days after the decision. [Ord. 650, 1982]
14.48.030 Appeal— decision
The building code board of appeals shall render a decision on the appeal within 40
days after its filing. [Ord. 650, 1982]
This page of the Kodiak City Code is current through Ordinance 1291, passed November 23, 2011.
Kodiak City Code Page 14/14
14.48.040 Exceptions — application
(a) An application for exception from the regulations of this title maybe filed by any
taxpayer, property owner, or party affected.
(b) An application for exception is commenced by filing with the city clerk a written
request specifically stating any and all reasons justifying the granting of the exception,
and payment of the exception fee prescribed under this chapter. [Ord. 650, 1982]
14.48.050 Exceptions— investigation
(a) The building code board of appeals shall cause an investigation to be made to
determine that such uses will not be injurious to public health, safety, or welfare or
detrimental to other properties or uses in the vicinity.
(b) The board may require the petitioner to submit engineering and other technical
studies in support of the petition. [Ord. 650, 1982]
14.48.060 Exceptions — public hearing
The board shall hold a public hearing on all applications for an exception. Such
hearing shall be held not less than 10 days nor more than 30 days following the date of
filing of such application; the applicant shall be notified of the date of such hearing. The
board shall cause to be sent to each owner of the properties within a distance of 300
feet of the exterior boundary of the lot or parcel of land described in such application,
notice of the time and place of the hearing, a description of the property involved, and
the provisions of this title from which an exception is sought. For the purposes of this
chapter, "owner of property" means that owner shown upon the latest tax assessment
rolls. [Ord. 650, 1982]
14.48.070 Exceptions — granting or denial
Within 40 days after the receipt of an application, the board shall render its decision.
If it is the opinion of the board, after consideration of the investigation report, that the
proposed exception will not endanger the public health, safety, or general welfare, or be
inconsistent with the general purposes and intent of this title, the board shall approve
the exception with or without conditions. If the proposed exception will tend, in the
opinion of the board, to endanger in any way the public health, safety, or general
welfare or produce results inconsistent with the general purposes and intent of this title,
the board shall deny the application. [Ord. 650, 1982]
14.48.080 Fees — appeals and exceptions
Notices of appeal and applications for exception shall be accompanied by a filing fee
as established by resolution or motion of the city council. [Ord. 951 §13, 1993; Ord. 650,
1982]
This page of the Kodiak City Code is current through Ordinance 1291, passed November 23, 2011.
Chapter 14.24
Sections
14.24.010 Adoption
14.24.020 Copies on file /sale
14.24.030 Fire Safety Inspection program
14.24.040 Plan review — fire safety inspection program
For other fire prevention provision, see Chapter 8.36 KCC
14.24.010 Adoption
The 2009 International Fire Code, including Appendices A through G, as adopted with revision in 13 AAC
50.025 in effect as of (date to be determined), except for the deletions in 13 AAC 50.025 (1) of Sections
103, 104.2, 104.3, 104.4, 104.5, 104.6, 104.10, 104.11, 104.11.1, 104.11.2, 106, 108, 109, and 111, and is
also revised by deleting the reference to the "International Property Maintenance code ", and the
"International Residential code" in the 2009 International Fire Code is hereby adopted by reference as
the Fire Code for the City of Kodiak.
This code establishes regulations affecting or relating to structures, processes, premises and safeguards
regarding:
1. The hazard of fire and explosion arising from the storage, handling or use of structures,
materials or devices;
2. Conditions hazardous to life, property or public welfare in the occupancy of structures or
premises;
3. Fire hazards in the structure or on the premises from occupancy or operation;
4. Matters related to the construction, extension, repair, alteration or removal of fire suppression
or alarm systems; and
5. Conditions affecting the safety of fire fighters and emergency responders during emergency
operations.
The Fire Codes so adopted shall be interpreted, administered, and enforced with the local amendments
hereinafter specifically set forth by the fire code official who is authorized to take such action as may be
reasonably necessary to enforce the purposes of this section. The city manager may appoint or
1
authorize an assistant or agent to the fire code official if necessary to carry out the provisions of this
section.
14.24.020 Copies on file /sale
After adoption, the fire code official shall make available the information necessary to provide for
purchasing copies of the Fire Code or referenced standards.
14.24.030 Fire Safety Inspection program
The fire code official will conduct a fire code inspection program which meets or exceeds the program
conducted by the State Division of Fire and Life Safety.
14.24.040 Plan review
The fire code official will assist in the review of fire suppression, fire alarm, and site plan reviews for the
purposes of emergency response and suppression with the Building Code Official.
•
2
Chapter 14.24
Sections
14.24.010 Adoption
14.24.020 Copies on file /sale
14.24.030 Fire Safety Inspection program
14.24.040 Plan review — fire safety inspection program
For other fire prevention provision, see Chapter 8.36 KCC
14.24.010 Adoption
The 2009 International Fire Code, including Appendices A through G, as adopted with revision in 13 AAC
50.025 in effect as of (date to be determined), except for the deletions in 13 AAC 50.025 (1) of Sections
103, 104.2, 104.3, 104.4, 104.5, 104.6, 104.10, 104.11, 104.11.1, 104.11.2, 106, 108, 109, and 111, and is
also revised by deleting the reference to the "International Property Maintenance code ", and the
"International Residential code" in the 2009 International Fire Code is hereby adopted by reference as
the Fire Code for the City of Kodiak.
This code establishes regulations affecting or relating to structures, processes, premises and safeguards
regarding:
1. The hazard of fire and explosion arising from the storage, handling or use of structures,
materials or devices;
2. Conditions hazardous to life, property or public welfare in the occupancy of structures or
premises;
3. Fire hazards in the structure or on the premises from occupancy or operation;
4. Matters related to the construction, extension, repair, alteration or removal of fire suppression
or alarm systems; and
5. Conditions affecting the safety of fire fighters and emergency responders during emergency
operations.
The Fire Codes so adopted shall be interpreted, administered, and enforced with the local amendments
hereinafter specifically set forth by the fire code official who is authorized to take such action as may be
reasonably necessary to enforce the purposes of this section. The city manager may appoint or
1
authorize an assistant or agent to the fire code official if necessary to carry out the provisions of this
section.
14.24.020 Copies on file /sale
After adoption, the fire code official shall make available the information necessary to provide for
purchasing copies of the Fire Code or referenced standards.
14.24.030 Fire Safety Inspection program
The fire code official will conduct a fire code inspection program which meets or exceeds the program
conducted by the State Division of Fire and Life Safety.
14.24.040 Plan review
The fire code official will assist in the review of fire suppression, fire alarm, and site plan reviews for the
purposes of emergency response and suppression with the Building Code Official.
•
2
Chapter 15.30
Sections
15.30.010 Adoption
15.30.015 Copies on file /sale
15.30.020 Fire Safety Inspection program
15.30.025 Plan review — suppression, fire alarm and site plan.
15.30.010 Adoption
The 2009 International Fire Code, including Appendices A through G, as adopted with revision in 13 AAC
50.025 in effect as of (date to be determined), except for the deletions in 13 AAC 50.025 (1) of Sections
103, 104.2, 104.3, 104.4, 104.5, 104.6, 104.10, 104.11, 104.11.1, 104.11.2, 106, 108, 109, and 111, and is
also revised by deleting the reference to the "International Property Maintenance code ", and the
"International Residential code" in the 2009 International Fire Code is hereby adopted by reference as
the Fire Code for the Kodiak Island Borough.
This code establishes regulations affecting or relating to structures, processes, premises and safeguards
regarding:
1. The hazard of fire and explosion arising from the storage, handling or use of structures,
materials or devices;
2. Conditions hazardous to life, property or public welfare in the occupancy of structures or
premises;
3. Fire hazards in the structure or on the premises from occupancy or operation;
4. Matters related to the construction, extension, repair, alteration or removal of fire suppression
or alarm systems; and
5. Conditions affecting the safety of fire fighters and emergency responders during emergency
operations.
The Fire Codes so adopted shall be interpreted, administered, and enforced with the local amendments
hereinafter by a Manager appointed fire code official who is authorized to take such action as may be
reasonably necessary to enforce the purposes of this section. The Manager may appoint or authorize an
assistant or agent to the fire code official if necessary to carry out the provisions of this section.
1
15.30.015 Copies on file /sale
After adoption, the fire code official shall make available the information necessary to provide for
purchasing copies of the Fire Code or referenced standards.
15.30.020 Fire Safety Inspection program
The fire code official will conduct a fire code inspection program which meets or exceeds the program
conducted by the State Division of Fire and Life Safety.
15.30.025 Plan review
The fire code official will assist in the review of fire suppression, fire alarm, and site plan reviews for the
purposes of emergency response and suppression with the Building Code Official.
2