05/23/2006 Ordinances 9044
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ORDINANCE NO. 9044
An ordinance to amend Chapter 8 of the Grand Island City Code; to amend
Sections 8-6, 8-40, 8-41, 8-110, 8-115, 8-141, 8-148, and 8-163 pertaining to housekeeping
issues; to delete 8-80 pertaining to moving principal buildings; to remove Division 11 of Article
VII of Chapter 8 pertaining to Graffiti; to repeal Sections 8-6, 8-40, 8-41, 8-80, 8-11 0, 8-115, 8-
141, 8-148, and 8-163 as now existing, and any ordinance or parts of ordinances in conflict
herewith; and to provide for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 8-6 of the Grand Island City Code is hereby amended to
read as follows:
~8-6. Building Code Advisory Board
There is hereby established a Building Code Advisory Board set out as follows:
BUILDING CODE ADVISORY BOARD
The purpose of the Building Code Advisory Board is to determine the suitability of alternate materials and
methods of construction.
Purpose. Whereas, there may arise a design or material that may not meet the exact criteria of the Building
Code, especially in the areas of Energy Related projects, this Board shall examine the data available, and/or may
require any additional data, to determine that the proposed material or method is at least equivalent of the purpose as
set forth in the Building Codes. The Board may not waive any requirements of the Building Codes, but only approve
in lieu of/alternate methods of materials.
Member. The Building Code Advisory Board members will be appointed by the mayor and approved by the
city council. They shall be persons who are qualified by experience and training to pass upon matters pertaining to
building construction. The Board shall consist of seven members. The chief building official shall be an ex officio
member and will act as secretary of the Board. One city council member shall also act as an ex officio member. At
least four members of the Board must be present to constitute a quorum and be able to act.
Chairman/Officers; Length of Service. A chairman and vice chairman will be selected from among the
seven members and each will serve a two-year term. The seven members will serve two-year terms, alternating four
and three on a yearly basis.
Request Procedure. The request process for the Board shall be as follows:
(1) If an applicant shall be denied a building permit or shall receive disapproval from the chief building
official, the applicant may file a request on the forms furnished by the Building Department, together with a
request procedure fee in accordance with the City of Grand Island Fee Schedule, stating in full detail what the
product or project is, the use, sections of the Code that cannot be fully complied with, what the alternative
material or method will be, and sufficient evidence supporting the request. This shall be filed with the chief
building official who shall then notify the officers of the Board, who shall set a time of meeting, and the
meeting shall be within ten (10) days of the date of application.
(2) The meeting ofthe Building Code Advisory Board shall be presided over by the chairman.
Approved as to Form tl 7~
May 24, 2006 tl City Attorney
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ORDINANCE NO. 9044 (Cont.)
(3) The Board shall hear all evidence by the party requesting consideration and a presentation by the chief
building official.
(4) After hearing all evidence presented, the Board shall determine whether the proposed alternate method of
material is equivalent with the interest and safety of the Code, or may recommend changes to their satisfaction.
(5) An order approving such a request shall require a "Yes" vote of four of the Board members.
(6) The Board shall render all decisions in writing to the applicant and the chief building official within a
reasonable period of time.
SECTION 2. Section 8-40 of the Grand Island City Code is hereby amended to
read as follows:
~8-40. Swimming Pool; Definition
Private Swimming Pool means any constructed or assembled pool that is not publicly owned which is more
than 24 inches in depth and has a surface area of more than 150 square feet and which is used or intended to be used
as a swimming pool.
Storable pool means any inflatable or soft-sided pool that has the ability to be taken down and stored.
SECTION 3. Section 8-41 of the Grand Island City Code is hereby amended to
read as follows:
~8-41. Swimming Pool; Permit Required
It shall be required that a permit be issued for the construction or placement of a private swimming pool
from the chief building official prior to such construction or placement. An application for a permit shall be
submitted by the owner or his agent of the property upon which the pool is to be located. Such application shall be
accompanied by a duplicate set of plans, specifications, and plot plans. The plot plan shall show the accurate
location of the proposed pool on the property and properly establish distances to existing lot lines, buildings and
fences, and to additional proposed structures or fences. No permit shall be issued until such plans, specifications and
plot plans have been approved by the chief building official as being in conformance with all local regulations
pertaining to private swimming pools.
Storable pools shall not require a permit as identified by this section.
SECTION 4. Section 8-80 ofthe Grand Island City Code is hereby deleted.
SECTION 5. Section 8-110 of the Grand Island City Code is hereby amended to
read as follows:
~8-1l0. Condemnation of Unsafe Buildings
Any building or other structure, or any part thereof which is in part or in whole structurally unsafe,
dilapidated, defective, unhealthful, insufficient, or unsafe for the purposes for which it is used, detrimental to the
community for any just cause, or in violation of the Grand Island City Code or Building Code as amended and
adopted, is hereby determined to be dangerous and shall be made safe by the owner of record of the property within
the time set forth in written notice from the Building Department Director, or his/her designee. Where immediate
action is deemed necessary to protect life, health, or property, the Building Department Director, or his/her designee
may direct such building or other structure or portion thereof to be vacated forthwith, closed and not used or
occupied until made safe as required by the said Building Department Director, or his/her designee. Any buildings
or other structures, or any part thereof which is determined after inspection by the Building Department Director, or
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ORDINANCE NO. 9044 (Cont.)
his/her designee to be dangerous as defined above, are hereby declared to be public nuisances and shall be abated by
repair, alteration, rehabilitation, demolition, or removal in accordance with this Code.
SECTION 6. Section 8-115 of the Grand Island City Code is hereby amended to
read as follows:
~8-115. Standards for Repair, Etc.
The following standards shall be observed or followed in determining whether a public nuisance shall be
repaired, altered, rehabilitated, demolished or removed:
(1) If the building or other structure or any part thereof can reasonably be repaired, altered, or rehabilitated so that
it will no longer exist in violation of the Grand Island City Code or Building Code as amended and adopted, it shall
be ordered repaired, altered, or rehabilitated.
(2) If the building or the structure or any part thereof is in such condition that it cannot reasonably be repaired so
that it will no longer exist in violation of the Grand Island City Code or Building Code as amended and adopted, it
shall be ordered demolished or removed.
(3) In any case where a building or other structure or any part thereof is fifty percent damaged, decayed or
deteriorated from its original value or structure, it shall be demolished or removed.
(4) In any case where a building or other structure or any part thereof is a fire hazard existing in violation of the
Grand Island City Code or Building Code as amended or adopted, or the Statutes of the State of Nebraska, including
but not limited to the Life Safety Code, it shall be demolished or removed.
SECTION 7. Section 8-141 of the Grand Island City Code is hereby amended to
read as follows:
~8-141. Definitions
For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as
specified in either this chapter or as specified in the Building Code. Where terms are not defmed, they shall have
their ordinary accepted meanings within the context with which they are used. Webster's Third New International
Dictionary of the English Language, Unabridged, copyright 1981, shall be considered as providing ordinary
accepted meanings. Words in the singular include the plural, and the plural the singular. Words used in the
masculine gender include the feminine, and the feminine the masculine.
BUILDING CODE is the Building Code adopted by the City of Grand Island.
EFFICIENCY DWELLING UNIT is a dwelling unit containing only one habitable room and meeting the
requirements of the Building Code Exception.
HEALTH OFFICER is the legally designated head of the Department of Health of this jurisdiction.
HOT WATER is hot water supplied to plumbing fixtures at a temperature of not less than llOOF.
MECHANICAL CODE is the Uniform Mechanical Code adopted by the City of Grand Island.
NUISANCE. The following shall be defined as nuisances:
(1) Any public nuisance known at common law or in equity jurisprudence.
(2) Any attractive nuisance which may prove detrimental to children whether in a building, or the premises of
a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations;
abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber,
trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.
(3) Whatever is dangerous to human life or is detrimental to health, as determined by the health officer.
(4) Overcrowding a room with occupants.
(5) Insufficient ventilation or illumination.
(6) Inadequate or unsanitary sewage or plumbing facilities.
(7) Uncleanliness, as determined by the health officer.
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ORDINANCE NO. 9044 (Cont.)
(8) Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as
determined by the health officer.
PLUMBING CODE is the Uniform Plumbing Code adopted by the City of Grand Island.
WORKMANLIKE is executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, and
without marring adjacent work.
SECTION 8. Section 8-148 of the Grand Island City Code is hereby amended to
read as follows:
~8-148. Light and Ventilation
(1) Natural Light and Ventilation. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be
provided with natural light by means of exterior glazed openings with an area not less than one twentieth of the floor
area of such rooms with a minimum of 5 square feet. All bathrooms, water closet compartments, laundry rooms and
similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not
less than one-twentieth of the floor area of such rooms with a minimum of I 1/2 square feet. All guest rooms,
dormitories and habitable rooms within a dwelling unit shall be provided with natural ventilation by means of
openable exterior openings with an area of not less than one-twentieth of the floor area of such rooms with a
minimum of 5 square feet.
(2) Origin of Light and Ventilation. Required exterior openings for natural light and ventilation shall open directly
onto a street or public alley or a yard or court located on the same lot as the building.
EXCEPTION: Required windows may open into a roofed porch where the porch:
(a) Abuts a street, yard, or court; and
(b) Has a ceiling height of not less than 7 feet; and
(c) Has the longer side at least 65 percent open and unobstructed.
A required window in a service room may open into a vent shaft which is open and unobstructed to the sky and not
less than 4 feet in least dimension. No vent shaft shall extend through more than two stories.
For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an
adjoining room when one half of the area of the common wall is open and unobstructed and provides an opening of
not less than one tenth of the floor area of the interior room or 25 square feet, whichever is greater.
(3) Mechanical Ventilation. In lieu of openable windows for natural ventilation, a mechanical ventilation system
may be provided. Such system shall be capable of providing two air changes per hour in all guest rooms,
dormitories, habitable rooms, and in public corridors. One-fifth of the air supply shall be taken from the outside. In
bathrooms, water closet compartments, laundry rooms, and similar rooms, a mechanical ventilation system
connected directly to the outside or into attic space properly ventilated in compliance with the current building code
capable of providing five air changes per hour, shall be provided.
(4) Hallways. All public hallways, stairs and other exitways shall be adequately lighted at all times in accordance
with the Building Code.
SECTION 9. Section 8-163 of the Grand Island City Code is hereby amended to
read as follows:
~8-163. Heating and Ventilation
(1) Heating. Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a
room temperature of 70 degrees F. Such facilities shall be installed and maintained in a safe condition and in
accordance with the provisions of the Grand Island City Code, and all other applicable laws. No unvented or open
flame gas heater or apparatus shall be permitted. All heating devices or appliances shall be of an approved type.
(2) Electrical Equipment. All electrical equipment, wiring and appliances shall be installed and maintained in a
safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type.
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ORDINANCE NO. 9044 (Cont.)
(3) Ventilation. Ventilation for rooms and areas, and for fuel burning appliances shall be provided as required in
the Grand Island City Code. Ventilating equipment shall be of an approved type, installed and maintained in a safe
manner and in compliance with the current building code and all other applicable laws. When mechanical ventilation
is provided in lieu of the natural ventilation, such mechanical ventilating system shall be maintained in operation
during the occupancy of any building or portion thereof.
SECTION 10. Division 11 of Article VII of Chapter 8 of the Grand Island City
Code pertaining to graffiti is hereby removed from Chapter 8 and will move into Chapter 17 of
Grand Island City Code.
SECTION 11. Sections 8-6, 8-40, 8-41, 8-80, 8-110, 8-115, 8-141, 8-148, and 8-
163 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 12. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof
SECTION 13. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: May 23, 2006.
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Jay Vavric , Mayor
Attest:
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RaNae Edwards, City Clerk
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