A. Copies Of Adopted Codes: The codes adopted in subsection B of this section shall be designated as the city of Cottonwood building code, one copy of each code shall be kept in the office of the clerk-treasurer of the city of Cottonwood and be available for inspection at the office of the city of Cottonwood, Idaho.
B. Adopted Codes: The following codes are hereby adopted by the city of Cottonwood for regulation of the erection, construction, enlargement, alteration, repair, moving, conversion, occupancy, use, height, area, and maintenance of all buildings and structures in the city of Cottonwood, including, but not limited to, installation of manufactured homes in accordance with the provision of title 44, chapter 22 of the Idaho Code:
1. State Adopted Codes: The current editions of the following codes published by the International Code Council as adopted and amended by the state of Idaho or Idaho building code board, together with any amendments or revisions set forth in section 39-4109, Idaho Code, including subsequent versions of the international building code as adopted and amended by the Idaho building code board:
a. International building code, including all rules promulgated by the board to provide equivalency with the provisions of the Americans with disabilities act accessibility guidelines and the federal fair housing act accessibility guidelines;
b. International residential code, parts I-IV and IX; and
c. International energy conservation code,
excluding all fee schedules, and excluding any reference to the flood requirements which shall be governed by the city of Cottonwood flood damage prevention ordinance. The adopted versions of the foregoing codes shall be deemed superseded by successive versions of the codes as they are amended and adopted by the state of Idaho or Idaho building code board.
2. Additional Adopted Codes: The city of Cottonwood hereby adopts the current editions of the following additional codes as published by the publishers of said codes as of the date of adoption hereof, excluding all fee schedules, and excluding any reference to flood requirements which shall be governed by the city of Cottonwood flood damage prevention ordinance: uniform code for the abatement of dangerous buildings. The adopted versions of the foregoing codes shall be deemed superseded by successive versions of the codes as they are published by the publisher of said codes.
C. Mobile Homes, Manufactured Homes And Modular Buildings: The installation, erection, and/or assembly of mobile homes, manufactured homes and modular buildings shall be governed by the requirements of the most current edition of the Idaho "Manufactured Home Installation Standard" (published by the state of Idaho division of building and safety, manufactured housing section), as applicable. Systems not covered by the standard shall be governed by the conditions of approval of the state of Idaho. Permanent foundation systems not specifically covered in the standard shall be designed by a professional engineer, licensed by the state of Idaho.
1. No mobile home, manufactured home or modular building shall be installed on a building site unless it is approved and bears the insignia of approval of the Idaho division of building safety. Any such building bearing an insignia of approval shall be deemed to comply with codes, laws or rules enacted by the state of Idaho governing the manufacture and construction of such building. No such building which has been approved by the state of Idaho division of building and safety shall be in any way modified prior to its initial occupancy, unless approval of that modification is first made by the division.
2. Any manufactured home or mobile home newly set in the incorporated area of the city of Cottonwood, including within mobile home parks, must meet, and be documented as meeting, no less than a fifty five (55) pounds per square foot roof snow load. Any manufactured or mobile home that is not listed as meeting the minimum roof snow requirements of this chapter may satisfy these requirements by one of the following methods:
a. A self-supporting ramada (roof cover) is erected over the manufactured or mobile home. Such a cover must meet the appropriate snow load requirements as required in this chapter and the adopted codes specific to its proposed location. A separate building permit shall be obtained for the ramada prior to or at the same time as the setting permit.
b. An engineering report, with supporting calculations, shall be prepared by a state of Idaho licensed professional engineer which documents that the mobile or manufactured home is capable of resisting the snow loads specific to its proposed location, pursuant to this chapter and the adopted codes.
c. The mobile or manufactured home is altered so that it is capable of resisting the snow loads specific to its proposed location. The submittal documents for such an alteration shall contain supporting design calculations and be the design prepared by a state of Idaho licensed professional engineer.
3. As used in this section:
MANUFACTURED HOME: A structure that:
a. Is constructed after June 15, 1976, in accordance with the HUD manufactured home construction and safety standards, and
b. Is transportable in one or more sections, and
c. When in the traveling mode, is eight (8) body feet or more in width or is forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and
d. 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, and
e. Includes the plumbing, heating, air conditioning, and electrical systems contained therein.
Such term shall also include any structure meeting all the requirements of this definition except the size requirements, and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development, and complies with the standards established under 42 USC section 5401 et seq.
MOBILE HOME: A factory assembled structure or structures generally constructed prior to June 15, 1976, and equipped with the necessary service connections and made so as to be readily movable as a unit or units on their own running gear, and designed to be used as a dwelling unit or units with or without a permanent foundation.
MODULAR BUILDING: Any building or building component, other than a manufactured or mobile home, which is of closed construction and is either entirely or substantially prefabricated or assembled at a place other than the building site.
D. Exemptions:
1. Agricultural Buildings: Agricultural buildings shall be exempt from the requirements of this chapter, provided they are situated on land actively devoted to agricultural pursuits as defined by Idaho Code title 63, chapter 6, and are, at the time of application, being assessed as lands actively devoted to agriculture.
An "agricultural building" is defined as any structure on land actively devoted to agriculture that is used solely for growing, raising or producing plants, animals or crops, and not primarily for human occupation or habitation.
An agricultural exemption permit is still required, and the permit shall be governed by the laws in effect at the time a complete permit application is received. An agricultural exemption permit will be processed in the same manner as a site disturbance or building permit application and will be subject to compliance with all other laws, ordinances and department procedures in effect at the time. Signoffs from other public agencies and an initial erosion and stormwater risk assessment may be required. No building permit plan review fee or building inspections will, however, be required. In the case of a high risk site a site disturbance plan will be required.
2. Industrial Chemical Process And Mineral Extraction And Processing Equipment Exemption: Equipment used primarily for industrial chemical process purposes and for mineral extraction and mineral processing shall be exempt from the requirements of this chapter. This exemption does not include the erection and fabrication of new boilers, pressure vessels and other equipment required to condition a building for personnel or human comfort and safety, which shall mean facilities or installations for heating, ventilating, air conditioning, refrigerating equipment, elevators, dumbwaiters, escalators, and boilers and pressure vessels associated with building heating systems.
3. Manufactured Homes Covered By Federal Snow Load Standard: Whenever a Federal manufactured home construction and safety standard for snow load established under chapter 70, title 42, United States Code, (42 USC section 5401 et seq.), as amended, is in effect, manufactured homes covered under such Federal standard are hereby exempt from the provisions of subsection C of this section. Provided, however, that all porches, roofs, additions and other structures and buildings attached to or affixed to any such exempt manufactured home shall remain subject to all applicable laws, codes, regulations and ordinances related to such structures or buildings, including but not limited to any applicable snow load standards, unless otherwise provided by law.
E. Enforcement; Appeals: The following provisions shall apply to enforcement of the Cottonwood Building Code:
1. Building Official: The building official shall be appointed by the Mayor of the City of Cottonwood to enforce the provisions of this chapter. The Mayor may also appoint such deputy building officials as deemed necessary and proper with the consent of the City Council. The building official, and any duly appointed deputies, are hereby authorized and directed to enforce all provisions of this chapter by all means provided by law or this chapter. In addition to the building official, the Mayor, Chief of Police of the City of Cottonwood and the City Attorney are also authorized to enforce compliance with this chapter. The City may enter into any agreements with persons to act as building officials and deputies as deemed necessary and proper by the City and as provided by law. The building official's legal relationship with the City shall be as defined by said contract or as otherwise provided by law.
2. Permits Contrary To Law: Any permit issued under authority of this chapter for construction or any use contrary to any other ordinance of the City of Cottonwood shall be void.
3. Enforcement And Penalties: The following are available to enforce compliance with the provisions of this chapter. Nothing herein shall prevent the Council of the City of Cottonwood, the building officer, or any other public official from taking such other lawful action as is necessary to prevent or correct any violation of this chapter or of the Idaho Code, which remedies shall be cumulative.
a. Injunction; Public Nuisance: The building official may seek equitable relief from a court of competent jurisdiction to restrain any conduct in violation of this chapter, to compel compliance with this chapter, or to abate any nuisance arising from or existing by reason of a violation of this chapter. Said equitable remedies may be pursued in addition to all other remedies provided by this chapter or by law. Any condition or activity in violation of this chapter, or in violation of any stop work order or no occupancy order issued under this chapter, is hereby declared a public nuisance.
b. Criminal Penalties: Any person who violates any provisions of this chapter, including any codes adopted in this chapter, or any stop work order or no occupancy order issued under this chapter, is guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not more than three hundred dollars ($300.00), or jail for not more than ninety (90) days, or both. Each structure that is in violation of this chapter, and each day of an ongoing offense, will be considered a separate violation.
c. Stop Work/No Occupancy Orders: The building official may issue stop work orders to prohibit any work, activity or condition in violation of this chapter. The building official may issue an order of no occupancy to prohibit occupancy of any works, building or structures in violation of this chapter. Such orders may be combined in a single document. Such orders shall be written, and direct that work be stopped, and/or that the affected works, structure or building may not be occupied, as may be applicable. Such orders shall be served by posting the order in a prominent location on the affected premises, works, building or structure with such service effective upon posting, or personal service upon any occupant of the affected premises, works, building or structure with service being effective upon personal service. All persons engaged in doing or causing such work to be done, or occupying the affected premises, works, building or structure, shall stop work and not occupy the work, structure or building as ordered until authorized by the building official to proceed. Stop work and no occupancy orders may be appealed according to the procedure provided in this chapter for notices of Building Code violations. Nothing in this section shall prohibit or limit the authority or reasons the building official may issue stop work or no occupancy orders otherwise permitted under this chapter, or any other provision of law.
d. Withholding Permits: The building official may withhold permits, including building permits, on lots or parcels of land with buildings, structures or activities in violation of this chapter.
e. Compliance Agreements: The building official may enter into formal compliance agreements on a case by case basis, subject to the following provisions or conditions:
(1) The building official finds that the violations that are the subject of the compliance agreement do not pose an imminent threat to people or property.
(2) The party responsible for compliance agrees to remedy the violation(s) in an expeditious manner by a certain date.
(3) The party responsible for compliance agrees to hold the building official and the City of Cottonwood harmless and to defend against any claims arising through operation of the compliance agreement. The responsible party shall provide evidence of general liability coverage for personal injury and property damage for the premises subject to the compliance agreement, with the City of Cottonwood named as an additional insured.
(4) The responsible party shall pay any costs and/or attorney fee by the City incurred to enforce a compliance agreement.
f. Notice Of Violation: In addition to all other remedies, if a permit issued under this chapter expires prior to the final inspection, or if the applicant, owner or occupant fails to obtain a certificate of occupancy or certificate of completion as required by this chapter, or if the building official determines that an applicant, owner or occupant has otherwise failed to comply with this chapter, the building official may issue and record in the County property records a notice of Building Code violation, subject to the following provisions:
(1) The building official shall prepare and serve a notice of Building Code violation upon the owner or occupant of the affected building or structure, either by certified mail, personal service, or posting in a conspicuous place on the premises. The notification shall include:
(A) The name of the property owner and the legal description or street address of the affected property.
(B) The nature of the violation.
(C) The remedial action that must be undertaken to resolve the violation.
(D) The length of time allotted, if any, to resolve the violation.
The building official may also record the notice of violation in the property records of Idaho County, Idaho.
(2) The notice of Building Code violation shall also advise the owner of the appeal process. The City may consider a written appeal, submitted by the property owner, and received no later than twenty (20) days after the notice of Building Code violation was mailed. The appeal shall be heard by the City Council on a date specified by City Council. If the appeal is denied, the City Council may, in its discretion, specify an exact number of days to gain compliance with this chapter before the notice of Building Code violation is recorded. If the appeal is approved, the City will specify actions to be taken by the building official to release the violation. The City may elect to add or remove conditions of remedial action as it deems necessary and appropriate to secure compliance with this chapter.
(3) At such time the Building Code violation is resolved, the owner shall pay the fee specified in the current adopted fee schedule and the building official shall file in the Office of the County Recorder a release of notice of Building Code violation. The release shall contain all of the information contained in the notice of Building Code violation, as well as the corrective action taken to resolve the violation. A copy of the release shall be mailed to the owner, via certified mail. (Ord. 251, 2019: Ord. 226, 2011)