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12/05/2023 Ordinances 9958ORDINANCE NO. 9958 An ordinance to amend Chapter 8 of Grand Island City Code, Section 8-1 — 13, 8-15 — 16, 8-20.1, 8-21 — 24, 8-51, 8-76, 8-110 — 112, and 8-114; to clarify and/or make general corrections to various code sections, to repeal 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. That Section 8-1 — 13, 8-15 — 16, 8-20.1, 8-21 — 24, 8-51, 8-76, 8- 110 — 112, and 8-114 within Chapter 8 of the Grand Island City Code shall be amended to read as follows: §8-1 International Building Code (IBC) Adopted The International Building Code, 2021 Edition, published by the International Code Council, is hereby adopted, together with any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by ordinance and set forth in this chapter of the City Code. The following sections of the Appendix shall also be adopted: Appendix C Group U— Agricultural Buildings Appendix I — Patio Covers One copy of the International Building Code, 2021 Edition, and all supplements or amendments thereto shall be filed in the office of the city clerk as provided by law. §8-2 International Residential Code (IRC) Adopted The International Residential Code, 2021 Edition, published by the International Code Council, is hereby adopted, together with any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by ordinance and set forth in this chapter of the City Code. One copy of the International Residential Code, 2021 Edition, and all supplements or amendments thereto shall be filed in the office of the City Clerk as provided by law. §8-3 International Building Code (IBC) And International Residential Code (IRC); Standards Adopted ORDINANCE NO. 9958 The following standards shall be used with the International Building Code and the International Residential Code adopted by §8-1 and §8-2 above: Acceptable Wind Load Design Procedures: 2021 I.B.C. - The Basic Design Wind Speed shall be 125 mph, in risk category II,III,&IV. Exposure C only 2021 IRC — The Ultimate Design Wind Speed shall be 114 mph, Exposure C only. Roof Snow Load - 30 pounds per sq. ft. no reductions allowed Frost Depth - 36 inch minimum Seismic Design Category A, Site Class D IRC, Table R301.5 Amend live load for sleeping rooms from 30 pounds to 40 pounds per square foot. §8-4 IBC - Certain Sections Not Adopted It is especially provided that the following chapters, sections, and tables of the International Building Code are not adopted or approved, and the same shall be of no force and effect: Chapter 1 Section 101.4.1 Gas Section 101.4.2 Mechanical Section 101.4.3 Plumbing Section 101.4.4 Property Maintenance Section 101.4.6 Energy Section 103 Code Compliance Agency Section 106 Floor and Roof design Loads Section 107.2.6.1 Design Flood Elevations Section 108 Temporary Structures and Uses Section 113 Means of Appeals Chapter 13 — Energy Efficiency Section 1612 Flood Loads Section 1809.5 — Frost Protection; #2 Constructing in accordance with ASCE-32, and Exception: 1,2,3. Chapter 27 — Electrical Chapter 28 — Mechanical Chapter 30 — Elevators and Conveying Systems Chapter 32 — Encroachments into the Public Right-of-Way Chapter 33 — Safeguards During Construction Chapter 34 — Reserved Appendix A Employee Qualifications Appendix B Board of Appeals Appendix D Fire Districts Appendix E Supplementary Accessibility Requirements Appendix F Rodent Proofing Appendix G Flood-Resistant Construction Appendix H Signs Appendix J Grading -2- ORDINANCE NO. 9958 Appendix K Administrative Provisions Appendix L Earthquake Recording Instrumentation Appendix M Tsunami-Generated Flood Hazard Appendix N Replicable Buildings Appendix O performance Based Applications §8-5 IRC - Certain Sections And Parts Not Adopted It is especially provided that the following parts, chapters, and sections of the International Residential Code are not adopted or approved, and the same shall be of no force and effect: Section R105.3.1.1 Determination of Substantially improved or substantially damaged existing buildings in flood hazard areas. Section R107 — Temporary Structures and Uses Section R109.1.3 — Floodplain Inspections Section R112 — Board of Appeals Section R313 Automatic Fire Sprinkler Systems Section R322 — Flood-Resistant Construction Section R403.1.4.1 Frost Protection; 2. Constructing in Accordance with Section R403.3 Section R403.1.4.1 Frost Protection; 3. Constructing in Accordance with ASCE 32. Section R403.1.4.1 Frost Protection; Exceptions: 1, & 2 Section R403.3 — Frost Protected Shallow Foundations Section R403.3.1 — Foundations Adjoining Frost Protected Shallow Foundations Section R403.3.1.1 — Attachment to Unheated Slab-on Ground Structure Section R403.3.1.2 — Attachment to Heated Structure Section R403.3.2 — Protection of Horizontal Insulation Below Ground Section R403.3.3 — Drainage Section R403.3.4 — Termite Protection Section R406.2 — Concrete and masonry foundation waterproofing Part IV - Energy Conservation Part V - Mechanical Part VI - Fuel Gas Part VII — Plumbing Part VIII — Electrical Appendices, AA, AB, AC, AD, AE, AF, AG, AH, AI, AJ, AK, AL, AM, AN, AO, AP, AQ, AR, AS, AT, AU, AV, AW & AX §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 -3- ORDINANCE NO. 9958 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 Chief Building Official, 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 ineeting, and the meeting shall be within ten (10) days of the date of application. 2. The meeting of the Building Code Advisory Board shall be presided over by the chairman. 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. §8-7 International Existing Building Code (IEBC) Adopted The International Existing Building Code, 2021 edition, published by the International Code Council is hereby adopted. One copy of the International Existing Building Code, 2021_edition, shall be filed in the office of the City clerk as provided by law. §8-8 IBC - Amendment Of Section 109 and IRC - Amendment Of Section R108; Fees; Plan Review Fee -4- ORDINANCE NO. 9958 Section 109 of the International Building Code and Section R108 of the International Residential Code is hereby amended by adding the following: Fee Refunds. The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. §8-9 IBC - Amendment Of Section 110 Section 110 of the International Building Code shall be amended to include the following subsection: Section 110.7. Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of wark for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a reinspection, the applicant shall file an application therefore in writing on a form furnished for that purpose and pay the reinspection fee in accordance with the City of Grand Island Fee Schedule. In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. §8-9.1 IBC - Amend Section708 By Adding Section 708.9 Tenant Separation A tenant separation wall complying with section 708 shall be required between any tenant space in all buildings with independent tenants with exits to the exterior. §8-9.2 Delete Section §8-9.2 §8-10 IBC - Amendment Of Table 705.5 Table 705.5 of the International Building Code is hereby amended by adding thereto the following: -5- ORDINANCE NO. 9958 The provisions set forth above for RD-Residential Development Zone as identified in Chapter 36 of the Grand Island City Code shall be determined not from the location of a structure from the property line but from the location of a primary structure to another primary structure located on an adjacent lot. All requirements pertaining to fire resistant walls and window opening protection as set forth in Table No. 705.5 shall be complied with when such adjacent primary structures are closer than ten feet apart. Distance shall be measured at right angles from the wall of one structure to the closest wall of an adjacent primary structure. Footnote h. amend 5' to 2'. §8-11 IBC - Amendment Of Section 1031.2 And IRC - Amendment Of Section R303 And R310 The following are hereby amended to Section 1031.2 exception 3 of the International Building Code add exceptions: EXCEPTION: 3. Basements used exclusively for the service of buildings and which do not exceed 300 square feet. R303.1 add exception #5. Basements shall be provided with glazed areas of not less than 2% of the floor area. Section R310.1 Exceptions: Basements used only to house mechanical equipment and not exceeding total floor area of 300 square feet. Section R310.7 add exception #2: In existing single family residential occupancies other than apartments, a sleeping room may be added in an existing basement if the following conditions are met: (1) The sleeping room must have an openable window. (2) Smoke detectors have been installed in the sleeping room, the furnace room, and in the exitway of the basement. §8-12 IBC - Amendment Of Section 1809.5 And 1809.7 Section 1809.7 of the International Building Code is hereby amended by adding the following: Bearing Walls Bearing walls shall be supported on masonry or concrete foundations or piles or other approved foundation system which shall be of sufficient size to support all loads. Where a design is not provided herein, the minimum foundation requirements for stud bearing walls shall be as set forth in Table No. 1809.7. Add to following to Section 1809.5 Exception. Detached accessory buildings one-story wood or metal framed buildings not used for human occupancy and separated from the principle building by minimum 15'-0" may comply to the following. (1) not exceeding 200 square feet in floor area, may be placed upon a concrete slab of four inch minimum thickness. -6- ORDINANCE NO. 9958 (2) not exceeding 625 feet in floor area may use a six-inch wide by eighteen inch deep foundation system with at least twelve inches below grade. 1809.5. Omit 2. Constructing in accordance with ASCE 32. Omit Exceptions, 1.2.& 3. §8-13 IRC - Amendment To Sections R403 And R404, And Tables R404.1.1(1) And R404.1(2) Sections R403 Footings and R404 Foundation Walls of the International Residential Code are hereby amended by adding the following to read as follows: Minimum Footing and Foundation Requirements for Residential Construction (1) The minimum footing foundation requirement, balanced fill, for a one-story residence shall be six (6) inches in width by thirty-six (36) inches below grade, with two #4 horizontal rebar continuous. (2) The minimum footing foundation requirement, unbalanced fill, for a one- or two-story frame residence shall be sixteen (16) inches in width by eight (8) inches deep, with two #4 rebar continuous and a minimum eight (8) inch wall of block or concrete. (3) In addition to the requirements set forth in subparagraphs (1) and (2) above, the following reinforcement requirements for wall foundation must be met: 8" solid concrete from 60" up to 84" unbalanced fill — three #4 horizontal strands, equally spaced throughout height of wall; 8" block - from 48" to 60" unbalanced fill - one #4 rebar vertical, 4' on center to grade height; 8" block - from 60" to 84" unbalanced fill - one #4 rebar vertical, 4' on center to top of foundation. Add the following to Section R403.1.4.1 Exceptions: Detached accessory buildings one-story wood or metal framed buildings not used for human occupancy and separated from the principle building by minimum 15'-0" may comply to the following (1) not exceeding 200 square feet in floor area, may be placed upon a concrete slab of four inch minimum thickness. (2) not exceeding 625 feet in floor area may use a six-inch wide by eighteen inch deep foundation system with at least twelve inches below grade. R403.1.6 Foundation Anchorage. Maximum anchor-bolt spacing shall be 6 feet on center, there shall be a minimum of two bolts per plate section with one bolt located not more than 12 inches from each end of the plate section. Bolts shall be at least 1/2 inch in diameter and shall extend a minimum of 7 inches into masonry or concrete. §8-15 IBC — Amendment of Chapter 29 Plumbing Systems -7- ,•��.•.�•a•: Amend Chapter 29 section 2901.1 replace reference to International Plumbing code to Uniform Plumbing Code and International Private Sewage Disposal Code to State of Nebraska Title 124. Amend table 2902.1 footnote e. replace the number 15 to 30. Amend Section 2902.6 to replace the number 15 to 30. §8-16 IRC - Amendment Of Table R301.2 And Table 301.5 Section R301.2 of the International Residential Code is hereby amended by adding criteria as set forth in Table R301.2(1). Ground snow load — 25# Wind Speed — Ultimate Design Wind Speed 114 mph Seismic Design Category A, Site Class D. Weathering --sever Frost line Depth --36" Termite -- M/H Ice Barrier Underlayment Required — NO Flood Hazard — Firm Air Freezing Index -- > 1000-2000 Mean Annual Temp — 49.9 F Amend Table R301.5 Minimum Uniform Distributed Live Loads — Sleeping Rooms — 40# §8-20.1 Amendment of IRC Section 908 and IBC Section 1512 IRC Section R908 & IBC Section 1512 Reroofing R9083.1.1 & 1512.2.1.1 Roof recover not allowed. Amend by adding #2. Wood, wood shake, asphalt, & fiberglass. R908.3.1 & 1512.2.1, Roof recover. Delete #1. §8-21 Buildings Having Historical Significance Buildings or structures which have been designated by official action of the Grand Island City Council as having special historical or architectural signiiicance may comply with Chapter 12 of the 2021 International Existing Building Code for historic buildings. Historical buildings shall be buildings which are currently listed on the National Register of Historical Buildings or are at least fifty years old and have one of the following characteristics: is associated with an important person or event which has contributed significantly to history, contains significant architectural or artistic design, or has significant archeological properties. §8-22 Permits Required; Amendment Of IBC Section 105 And IRC Section R105 Section 105 of the International Building Code and Section R105 of the International Residential Code shall be amended by adding the following: No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure in the city, or cause the same to be done without first obtaining a separate building permit for each such building or structure from the Chief Building Official; provided, no permit shall be issued by the Chief Building Official unless and until authorized by resolution of the City Council in any one or more of the following cases: -8- ORDINANCE NO. 9958 (1) Where the real property described in the application for permit does not front upon a dedicated street or public road; (2) Where a subdivision as required by state statutes has not been lawfully approved and recorded with the Register of Deeds. (3) When the City Engineer certifies that surface water drainage is unavailable or inadequate to drain the public street or road abutting upon the real property described in the application for permit. (4) Where the City Engineer certifies that surface water drainage from the real property described in the application for permit will create or add to an impounding of surface water upon a public street or road. Amend section R105.2 Work exempt from building permit. Buildings 1. Replace 200 square feet with 120 square feet. §8-23 Temporary Retail Buildings; Restrictions No person, firm, or corporation shall erect, construct, equip, use, occupy, or maintain any temporary building or structure in the City or two-mile jurisdiction or cause the same to be done without first obtaining a separate building permit for each such temporary building from the Chief Building Official. Temporary buildings shall be those buildings built and designed for use no longer than 120 calendar days to facilitate special events or annual sales. Temporary buildings shall be constructed to support required wind load, adequately anchored, and located in accordance with the requirements of the 2021 IBC Table 705.5 based on the fire- resistance rating of the exterior walls for the proposed type of construction_ and the allowable area shall comply with the adopted building code. Exiting shall be provided as required for permanent buildings. Temporary buildings shall not be connected to permanent utilities, e.g., sewer, water, electric, or gas. Temporary buildings permits shall be limited to one per tract of land, not to exceed 120 days per calendar year. The fee for a temporary building permit shall be in accordance with the City of Grand Island Fee Schedule. §8-24 Commercial Display Buildings; Defnition; Restrictions No person, firm, or corporation shall place upon any property, any commercial display building without first obtaining a permit from the Chief Building Official for the placement of such commercial display building(s). Commercial display buildings shall be those structures which are offered for sale or used as display or inventory. They shall not be used for any other purpose, occupied, or used as storage facilities. Commercial display buildings shall be constructed to support required wind loads, be adequately anchored, and in all other aspects comply with adopted building and zoning codes. -9- ORDINANCE NO. 9958 Commercial display buildings shall not be connected to permanent utilities. The fee for commercial display buildings shall be in accordance with the City of Grand Island Fee Schedule. §8-51 Buildings Not Otherwise Provided If permits pursuant to the Grand Island City Code are requested for buildings or structures not otherwise provided for, valuations of the cost of such building shall be based upon written estimate filed with the Chief Building Official. §8-76Insurance Every registrant shall maintain in full force and effect insurance policies written by a company or companies authorized to do business in the State of Nebraska, with the following coverages, amounts, and provisions: 1. Comprehensive General Liability Insurance covering the operations of the registrant, including coverage for completed operations, with limits of not less than $1,000,000 per occurrence for bodily injury and property damage. 2. A provision making the City of Grand Island an additional insured for any third party claims for bodily injury or property damage based upon occurrences in connection with the registrant's operations, including completed operations, within the City's zoning jurisdiction. 3. The registrant shall furnish the City of Grand Island Chief Building Official a certificate or certificates of insurance for the above insurance coverage. 4. Any registration certificate issued under the provisions of this chapter shall be revoked should the registrant permit the insurance policy herein required to expire or lapse. §5-110 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 Chief Building Official, or his/her designee. Where immediate action is deemed necessary to protect life, health, or property, the Chief Building Official, 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 Chief Building Official, or his/her designee. Any buildings or other structures, or any part thereof which is determined after inspection by the Chief Building Official, or 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. §8-111 Written Notice; Mailing, Contents Whenever the Chief Building Official, or his/her designee has inspected any building or other structure, or any part thereof and determined that such property is a dangerous building, he/she shall send a written notice to the owner of record of the property by ordinary first class mail and -10- ORDINANCE NO. 9958 by certified mail, return receipt requested, to the last known address of said owner. The written notice shall contain the following information: 1. The street address and a legal description sufficient for identiiication of the premises on which the dangerous property is located. 2. A brief and concise description of the conditions found to render the property dangerous as defined by this Code. 3. A brief and concise description of the action required to be taken to render the property in compliance with this Code. 4. A brief and concise statement advising the owner of record that if required repair, alteration, rehabilitation, demolition or removal work is not completed within the time specified, the Chief Building Official, or his/her designee may order the dangerous property vacated and posted to prevent further occupancy until the work is completed, and may request consent of the mayor to have the city attorney file an action to abate the public nuisance and charge the costs thereof against the real estate and the owner of record. §8-112 Notice To Vacate; Posting In the event the Chief Building Official, or his/her designee directs any building ar other structure or any portion thereof to be vacated, a copy of a notice to vacate shall be served along with the written notice set forth in § 8-111 and shall be posted at or upon each entrance to the property in substantially the following form: NOTICE TO VACATE DO NOT ENTER - UNSAFE TO OCCUPY It is a misdemeanor to occupy this property or to remove or deface this notice to vacate. Dated CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation By Chief Building Official §8-114 Procedure For Abatement Of Nuisances If the owner of record of any property declared to be a public nuisance by the Chief Building Official, or his/her designee fails to abate said nuisance within the time specified in the written notice set forth in §8-111, the City of Grand Island, at the written request of the Chief Building Official, or his/her designee directed to the City Attorney, may proceed to abate said public nuisance pursuant to �20-15 of the Grand Island City Code, and charge the costs thereof against the real estate or the owner of record. In the event continuation of a public nuisance might cause irreparable harm ar poses a serious threat to public health, safety or welfare or the health, safety or welfare of residents of the property in violation, the written notice to abate pursuant to §20-15 shall not be required as a condition precedent to commencing a legal action to obtain abatement of the nuisance and the City of Grand Island, with the consent of the Mayor, may immediately file an action requesting such temporary or permanent order as is appropriate to expeditiously and permanently abate said -11- ORDINANCE NO. 9958 _ �I' nuisance and protect the public health, safety or welfare or the health, safety or welfare of the residents of the property in violation. SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication in one issue of the Grand Island Independent as provided by law beginning January 1, 2024. Enacted: December 5, 2023 � ��� oger G. Stee e, Mayor Attest: �c Ji Granere, Deputy City Clerk ��F GRANp �s• � •..„ .,,, •�� v :' �c�APORqrF� : o *i .►•�. :.� 1 . OF� y � �a�`L . NE� R AS�,� -12-