IBC section 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as the Building Code of the city of Eagle, hereinafter referred to as "this code".
IBC section 101.4, Reference Codes, subsections 101.4.3, 101.4.4 are deleted.
IBC section 105.2, subsections on electrical, gas, mechanical and plumbing are deleted and repealed.
IBC section 105.3.2 is amended to read as follows:
105.3.2 Expiration Of Plan Review. Applications for which no permit is issued within 180 days following the date of receipt of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 calendar days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than twice. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.
IBC section 105.5 is amended to read as follows:
105.5 Expiration. Every permit issued by the building official under the provisions of this chapter shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 calendar days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 calendar days.
The timeframe by which a project shall be deemed to be suspended or abandoned shall be measured from the date of the last major inspection that resulted in an approval to move to the next stage of construction by the city of Eagle or if no inspection has been required then a project shall be deemed to be suspended 180 calendar days from the date the permit was issued. The major inspections that can be required from the city of Eagle include grading inspection, footing/foundation inspection, concrete slab or under-floor inspection, lowest floor elevation inspection, framing inspection, lath or gypsum board inspection, fire resistant penetration inspection, energy efficiency inspection or special inspections. However, the building official may extend a permit based on a good faith effort made by the permit holder as determined by the building official. A good faith effort may include but is not limited to an inspection performed by city inspectors to verify that substantial amount of code compliant work has been performed and that significant progress has occurred towards the next stage of inspection.
a. New Permit Required After Expiration. Before work on the site can be recommenced after expiration, a new permit shall be first obtained to do so, and the fee therefor shall be one half the amount required for a new permit provided no changes have been made or will be made in the original plans and specifications for such work, that the work is still possible given current conditions, and that work has not been suspended or abandoned for more than one year from the last recorded major inspection or good faith effort determined by the building official. In such cases, a new permit shall not be issued after expiration when the original review was performed using a previously adopted code.
If more than one year has passed since the permit has expired or the city has adopted a new version of the building code, then the applicant shall apply for a new permit and the plans will be subject to a new plan review process and related permit fees.
The building official shall have the authority to deny the new permit which utilizes the requirements of the expired permit unless the permittee made a good faith effort to complete the project and reasons beyond their control resulted in suspension or abandonment of the project. The permittee must show that the building or work will be duly completed without further delay, if the building official renews the permit.
b. Permit Extensions. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit, when the permittee is unable to commence work within the time required by this section. The building official may extend the time for action by the permittee for a period not exceeding 180 calendar days on written request by the permittee with written evidence provided demonstrating that a good faith effort to complete the project has been made and that reasons beyond the control of the permittee have resulted in a delay. Under no condition shall a permit be extended more than once.
c. Demolition And/Or Restoration Of Property After Permit Expiration. Once a permit has expired and the building official has determined that said permit shall not be renewed, the permittee/owner shall have 90 calendar days to demolish any partially erected structures and/or restore the property to the same condition that it was in at the time of the issuance of the original permit, or to a condition acceptable to the building official.
d. Council Action. If the permittee/owner does not return the property to the condition that it was in at the time the original building permit was issued, or to a condition acceptable to the building official, then, after providing adequate notice to the permittee/owner, the building official shall cause the matter to be heard before city council. The council shall hear the matter and may order the property to be restored to the same condition it was in at the time of the issuance of the original building permit, or to the condition that was ordered by the building official, or any other action it deems necessary. This action may result in the demolition or restoration of a structure or portion thereof. A tax lien shall be placed against the property for any work that the building official must undertake to restore the property. If demolition/restoration is necessary, the city shall follow the procedure set forth in the city code for abatement of dangerous buildings.
IBC section 105.7 is amended to read as follows:
105.7 Permit Transfer. A building permit shall be transferable to another party if such party can provide a document signed and notarized by the original permit holder consenting to the transfer itself and all agreements and conditions incorporated into the original permit approval. A permit may also be transferred back to the property owner or owner's designated legal agent in cases where the property owner has terminated their legal relationship with their contractor or owner's designated legal agent. An administrative fee for the transfer of the permit will be assessed for the work performed by city staff to facilitate the transfer based on an hourly rate of $50.00.
IBC section 105.7 is to be renumbered to section 105.8 and is to read as follows:
105.8 Placement Of Permit. The building permit or copy shall be kept on the site of the work until completion of the project.
IBC section 107.1 and the exception are amended and add subsection 107.1.1 to read as follows:
107.1 General. Submittal documents, special inspection and structural observation programs, and other data as required by the city of Eagle commercial construction guidelines shall be submitted with each application for a permit. These plans and specifications shall be prepared, signed and sealed by an architect licensed by the state of Idaho under section 54-309, Idaho Code, as amended. For buildings or structures, not principally architectural, the design of which involves principally engineering considerations, the plans and specifications may be prepared, signed and sealed by a professional engineer licensed by the state of Idaho and qualified in the engineering specialty involved.
Exceptions: Nothing contained above shall be held or construed to have any application to or prevent or affect the following:
1. Buildings which are multiple living units not to exceed four (4) units.
2. Groups R-3 and U occupancies not exceeding three (3) stories in height above grade.
3. Interior tenant improvements not exceeding a total for the entire tenant space of 1,500 square feet for existing A, B, E, F1, F2, M, S1, and S2 occupancies.
107.1.1 Food-Products Preparations Or Sales. Plans and specifications to construct, build, repair or alter a building or structure wherein foods, food products or beverages are prepared, manufactured, concocted or stored for either sale at retail or wholesale shall be submitted to and approved by Central district health prior to applying for a building permit.
For the purpose of this subsection the term foods, food products or beverages shall mean and include all articles used for food, drink, confectionery or condiment, whether simple, mixed or compound, and all substance or ingredients used in the preparation thereof designed for human consumption.
IBC section 107.2.5.1 is amended to read as follows:
107.2.5.1 Design Flood Elevations. All construction within flood hazard areas shall be designed and constructed in accordance with the Eagle city Flood Control Regulations, title 10, Eagle city code.
IBC section 108.1 is amended to read as follows:
108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses having an overnight stay. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. Approvals for other temporary structures and uses that do not involve an overnight stay shall be regulated by the zoning ordinance and fire department.
IBC section 109.6 is amended to read as follows:
109.6 Fee Refunds. The building official may authorize a refund of any fee paid hereunder which was erroneously paid or collected.
The building official may authorize a refund 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 a refund of any fee paid except on written application filed by the original permittee or owner's representative not later than 180 days after the date of fee payment.
IBC section 110.3.3 is amended to read as follows:
110.3.3 Lowest Floor Elevation. In addition to the initial certificate required at the time of permit application in flood hazard areas, upon placement of the lowest floor, including the basement, a second elevation certification is required in accordance with the Eagle city Flood Control Regulations, title 10, Eagle city code, and shall be submitted to the building official prior to the request for a framing inspection.
IBC section 111.1.1 is a new section to read as follows:
111.1.1 Commercial Occupancy Request. Where work not requiring a building permit is occurring and a commercial tenant lacks a certificate of occupancy, desires to obtain a certificate of occupancy or is required to obtain a certificate of occupancy from the city agency, the Eagle city building department shall create a permit application with a review and inspection process in order to issue a new certificate of occupancy. A fee of $50 will be assessed for this process.
IBC section 111.3 is amended to read as follows:
111.3 Temporary Occupancy. If the building official finds that no substantial hazard will result from occupancy of any building or portion thereof before the same is completed, a temporary certificate of occupancy may be issued for the use of a portion or portions of a building or structure prior to the completion of the entire building or structure. A temporary occupancy is set at a time period of 90 days. Multiple time extensions of a maximum of 90 days each may be granted when requested in writing to the building official when a good faith effort is demonstrated by the permit holder. In no case shall a temporary occupancy extend beyond one (1) year.
IBC section 112.1 is amended to read as follows:
112.1 Connection Of Service Utilities. A final inspection and approval is required upon completion and prior to occupancy and use of all buildings and structures for connection of service utilities. Lack of building official approval may result in the termination of utility services to said building or structure and prosecution under IBC section 114.3.
IBC section 112.3 is amended to change title only. The title to read as follows:
112.3 Authority To Disconnect Service Utilities For Unsafe Conditions.
IBC section 112.4 is a new section to read as follows:
112.4 Authority Of Disconnect For Occupancy Violations. Whenever any building or structure or equipment therein regulated by this code is being used contrary to the provisions of this code and/or other laws which are enforced by the city of Eagle, the building official may order such use discontinued and the structure, or portion thereof, vacated and the utility services disconnected by notice served on any person causing such use to be continued. Such person shall discontinue the use or make the structure or portion thereof, comply with the requirements of this code, and/or other laws which are enforced by the city of Eagle, within a time period of thirty (30) days of receipt of such notice or as designated by the building official.
IBC section 113.1 is amended to read as follows:
113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals consisting of all members of the Eagle city council. The building official shall be an ex officio member of and shall act as secretary to said board but shall have no vote upon any matter before the board. The board may adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official.
IBC section 113.3 is deleted and repealed.
IBC section 113.4 is a new section to read as follows:
113.4 Appeals To The Board.
A. Application For Appeal. Any applicant for a permit, whose application has been rejected by the city, or any person who has been ordered by the city to modify, alter, remove or install any building code provisions as defined in the Eagle city code may within ten (10) days thereafter, request an appeal by filing notice in writing with the city. The city shall deliver such notice to the board, who shall fix and establish a time, date, and place of hearing within fifteen (15) days from the date of the receipt of notice and cause a copy of the notice of hearing to be mailed to the appealing parties. At the hearing the board may, by a majority vote, affirm, annul, or modify the action of the city. If the actions of the city are modified or annulled, a permit shall be issued accordingly.
B. Appeal Fee. Any person appealing from the decision of the city shall attach to the written request for appeal a certified check for two-hundred fifty dollars ($250.00) made out in favor of the city of Eagle.
IBC section 113.5 is a new section to read as follows:
113.5 Appeal Procedure. The building code board may receive all evidence on appeal, in accordance with the following procedure:
A. The building official or designee shall present background information on the project in question, including relevant code sections and their interpretation. The board may ask questions during or after each presentation.
B. Applicant shall be allowed to present any information or applicable code sections to support a reversal of the building official's decision. The applicant shall have up to twenty (20) minutes to present such evidence.
C. The chair shall open the hearing to receive public testimony. Each person wishing to provide public testimony shall be given up to five (5) minutes to do so.
D. Following the close of public testimony, the building official or designee shall be allowed up to ten (10) minutes for rebuttal.
E. The applicant then shall have up to ten (10) minutes for rebuttal and any final comments.
F. The chairman of the board may allocate equivalent additional time to the applicant and the building official or his designee if the clarity of the issue at hand can be enhanced by receiving additional testimony.
G. Thereafter, the board may deliberate and render a final decision by a roll call vote, may request more information before a final decision is made, or may take the matter under advisement and reconvene at a reasonable time not to exceed fifteen (15) days to make their final decision. The final decision shall be in writing and a copy provided to the applicant and any parties of record. The decision by the board may be appealed to the city council within ten calendar (10) days following the date of issuance of a written decision.
IBC section 114.4 is amended to read as follows:
114.4 Violation Penalties. Any person, firm or corporation violating the provisions of this code shall be deemed guilty of misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000.00), by imprisonment for not more than one hundred and eighty (180) days, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided.
IBC section 114.4.1 is a new section to read as follows:
114.4.1 Civil Penalties. Any person or its agent violating any provision of this code may have civil penalties assessed against them. Notice of said penalties shall be served upon the violator personally by a city code enforcement officer. If personal service is not made, service may be effectuated by certified mail to the last known business address or residential address of the violator. A new violation may be filed for each day the violation continues. The violation will have a date by which the civil penalty shall be paid and if it is not paid by that date, the city may pursue collections through court and ask the court to reimburse for all costs and fees associated with collecting the penalty.
Civil penalties shall be issued pursuant to the following guidelines:
If the violation does not create a serious life safety hazard, the city shall warn the person violating the code. If the violation continues or a subsequent violation is discovered, the city may issue a civil penalty. If the violation creates a serious life safety hazard, then a civil penalty may be imposed even though a prior warning was not given.
IBC section 114.3.2 is a new section to read as follows:
114.3.2 Civil Penalties Appeal Procedure.
1. Upon receipt of written notice of a civil penalty, the violator shall within ten (10) days pay the penalty or file a written request for a hearing with the city of Eagle building code board hereafter referred to as "the board". Such written notice shall be accompanied by a check for one hundred fifty dollars ($150.00) made payable to the city of Eagle. If the civil penalty imposed against the applicant is overturned by the board, the review fee shall be returned. Notice of the public hearing for the review hearing shall be given by the department mailing the notice to the last known address provided by the applicant. Upon issuance of the decision, applicant shall have fourteen (14) calendar days within which to pay the civil penalty.
2. When determining if a civil penalty is warranted, the board shall consider the following:
(1) If the violation does not create a serious life safety hazard, did the city warn the person or his agent violating the code prior to issuing a civil penalty; (2) Did the violation continue or was a subsequent violation discovered, that warranted the city to issue a civil penalty; (3) Did the violation create a serious life safety hazard, so that the city was warranted in issuing a civil penalty even though a prior warning was not given; (4) Did the person or his agent regularly take out permits, and thus should have had knowledge of what the code required; (5) Did the person or his agent receive adequate warning notice of the code violation or a similar code violation; (6) Does the person or his agent regularly violate the code.
The decision by the building code board may be appealed to the city council within ten calendar (10) days following the date of issuance of a written decision. If the city council renders a final decision imposing the civil penalty against the appellant, the appellant shall have fourteen (14) calendar days from such decision within which to pay the civil penalty.
IBC section 115.4 is a new section and reads as follows:
115.4 Investigation Fees, Work Without A Permit. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The minimum investigation fee shall be the same as the minimum fee set forth in section 109.2. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. All re-inspections shall be charged at a rate of fifty ($50.00) dollars or as otherwise set by resolution duly adopted by the city council.
IBC section 116.1 is amended to read as follows:
116.1 Conditions. Structures or existing equipment deemed unsafe shall be taken down and removed or made safe in accordance with provisions of the uniform code for the abatement of dangerous buildings as adopted by the city of Eagle, and as set forth in other applicable local, state and/or federal laws.
IBC sections 116.2 through 116.5 are deleted and repealed.
IBC section 202 Definitions: Townhouse is amended as follows:
202 Townhouse. A single-family dwelling unit constructed in a row of attached units, separated by property lines and each unit extends from the foundation to roof and with open space on at least two sides.
IBC section 305.2.3 is amended to read as follows:
305.2.3 Twelve Or Fewer Children In A Dwelling Unit. A facility within a dwelling unit and having twelve or fewer children receiving such day care shall be classified as a group R-3 occupancy or shall comply with the international residential code and applicable city, state and federal laws.
IBC section 308.6.4 is amended to read as follows:
308.6.4 Persons Receiving Care In A Dwelling Unit. A facility within a dwelling unit and having twelve or fewer children receiving day care or having five or fewer persons receiving custodial care shall be classified as a group R-3 occupancy or shall comply with the international residential code and applicable city, state and federal laws.
IBC section 310.5 Residential Group R-3 is amended to read as follows:
310.5 Residential Group R-3. Residential occupancies where the occupants are primarily permanent in nature and not classified as R-1, R-2, R-4, E or I, including:
i. Buildings that do not contain more than two (2) dwelling units;
ii. Boarding houses (nontransient) with sixteen (16) or fewer occupants;
iii. Boarding houses (transient) with ten (10) or fewer occupants;
iv. Care facilities that provide accommodations for five (5) or fewer persons receiving care;
v. Congregate living facilities (nontransient) with sixteen (16) or fewer occupants;
vi. Congregate living facilities (transient) with ten (10) or fewer occupants; or
vii. Dwelling units providing day care for twelve (12) or fewer children.
IBC section 310.5.1 is amended to read as follows:
310.5.1 Care Facilities Within A Dwelling. Care facilities for twelve (12) or fewer children receiving day care or five (5) or fewer persons receiving care that are within a single-family dwelling are permitted to comply with the international residential code and applicable city, state and federal laws.
903.2.7 Group R. An automatic sprinkler system shall be provided in accordance with sections 903.2.8, 903.2.9 and 903.2.10 of the 2012 international building code.
IBC section 1503.1 is amended to read as follows:
1503.1 General. Roof decks shall be covered with approved roof coverings secured to the building or structure in accordance with the provisions of this chapter. Roof coverings shall be designed, installed and maintained in accordance with this code and the approved manufacturer's installation instructions such that the roof covering shall serve to protect the building or structure.
IBC table 1507.9.6 Wood Shake Material Requirements is amended and reads as follows:
TABLE 1507.9.6
WOOD SHAKE MATERIAL REQUIREMENTS
Material | Minimum Grades | Applicable Grading Rules |
Wood shakes of naturally durable wood | 1 | CSSB |
Taper sawn shakes of naturally durable wood | 1 | CSSB |
Preservative-treated shakes and shingles of naturally durable wood | 1 | CSSB |
Fire-retardant-treated shakes and shingles of naturally durable wood | 1 | CSSB |
Preservative-treated taper sawn shakes of southern yellow pine treated in accordance with AWPA standard U1 (commodity specification A, use category 3B and section 5.6) | 1 | TFS |
CSSB = Cedar shake and shingle bureau.
TFS = Forest products laboratory of the Texas forest services.
IBC table 1507.9.8 Wood Shake Weather Exposure And Roof Slope is amended and reads as follows:
TABLE 1507.9.8
WOOD SHAKE WEATHER EXPOSURE AND ROOF SLOPE
Roofing Material | Length (Inches) | Grade | Exposure (Inches) 4:12 Pitch Or Steeper |
Shakes of naturally durable wood | 18 | No. 1 | 7.5 |
24 | No. 1 | 10a | |
Preservative treated taper sawn shakes of southern yellow pine | 18 | No. 1 | 7.5 |
24 | No. 1 | 10 | |
Taper sawn shakes of naturally durable wood | 18 | No. 1 | 7.5 |
24 | No. 1 | 10 |
For SI: 1 inch = 25.4 mm.
a. For 24 inch by 0.375-inch handsplit shakes, the maximum exposure is 7.5 inches.
IBC section 1608.1 is amended to read as follows:
1608.1 General. Design snow loads shall be determined in accordance with section 7 of ASCE 7, but the design roof load shall not be less than a uniform snow load of 25 psf.
IBC section 1608.2 is amended to read as follows:
1608.2 Ground Snow Loads. The ground snow load to be used in determining the design snow loads for the city of Eagle shall be 20 psf (Pg).
IBC sections 1612.1 through 1612.5 are repealed and replaced with the following:
All construction within flood hazard areas shall be designed and constructed in accordance with and as defined by title 10, Flood Control, of the Eagle city code.
IBC section 1809.5 is amended to read as follows:
1809.5 Frost Protection. Except where erected on solid rock or otherwise protected from frost, foundation walls, piers and other permanent supports of buildings and structures larger than 400 square feet (37 m2) in area or 10 feet (3048 mm) in height shall extend below the frost line of the locality, and spread footings of adequate size shall be provided where necessary to properly distribute the load within the allowable load-bearing value of the soil. Alternatively, such structures shall be supported on piles where solid earth or rock is not available. Footings shall not bear on frozen soils unless such frozen condition is of a permanent character. Frost depth for the city of Eagle to be 24 inches below grade unless another depth is recommended upon a foundation investigation.
IBC section 1809.5 Exception is deleted and repealed.
IBC table 2902.1 Footnote F is amended to read as follows:
Table 2902.1 Footnote F. Drinking fountains are not required for an occupant load of thirty (30) or fewer.
IBC table 2902.1 Footnote G is amended to read as follows:
Table 2902.1 Footnote G. For business occupancies, excluding restaurants, and mercantile occupancies with an occupant load of thirty (30) or fewer, service sinks shall not be required.
IBC section 3401.5 Dangerous Conditions is amended to read as follows:
3401.5 Dangerous Conditions. The building official shall have the authority to require the elimination of conditions deemed dangerous. Conditions deemed dangerous shall be removed or made safe in accordance with provisions of this code or the uniform code for the abatement of dangerous buildings as adopted by the city of Eagle and applicable city, state and federal laws.
IBC section 3401.6 Alternative Compliance is amended to read as follows:
3401.6 Alternative Compliance. Work performed in accordance with the international existing building code shall be deemed to comply with the provisions of this chapter. Where life safety issues are not specifically addressed by the IEBC the provisions of the IBC shall apply at the discretion of the building official.
IBC sections 3403.2, 3404.2, 3405.5 and 3409.2 Flood Hazards are amended to read as follows:
3403.2, 3404.2, 3405.5 And 3409.2 Flood Hazards. All construction within flood hazard areas shall be designed and constructed in accordance with title 10, Flood Control, of the Eagle city code.
2012 international building code appendix J, "Grading", is hereby adopted subject to amendments as a part of the building code of the city of Eagle: Subject to the amendments included herein and to the provisions of design standards adopted by resolution or as further described herein and to those other requirements of Eagle city code that pertain to grading and drainage as regulated under said appendix J , "Grading".
IBC appendix J is hereby amended as follows:
IBC building code amendment, appendix J, section J101.2 Flood Hazard Areas is deleted and replaced with the following:
Other Pertinent Sections: Other sections of Eagle city code that pertain to requirements for grading and drainage include, but are not limited to, the following:
EC 9-4-1-10, "Storm Drainage; Flood Controls";
EC 9-5-3, "Hillside Subdivisions";
EC 9-5-7, "Subdivision Within A Floodplain";
EC 9-5-8, "Subdivision Within An Area Of Critical Concern";
EC title 10, "Flood Control".
IBC building code amendment, appendix J, section J103.1 Permits Required is amended to add the following text:
Grading permit applications shall be presented to the city of Eagle. The application form as adopted for this purpose by resolution of the city council shall be accompanied by the required grading plan, volume calculations, and grading permit fee as determined from the grading permit fee schedule as adopted from time to time by resolution of the city council. Grading and earth-moving work shall not begin until a grading permit has been issued by the city of Eagle.
IBC building code amendment, appendix J, section J103.1.1 Grading Fees is a new section to read as follows:
J103.1.1.1 General. Fees shall be assessed in accordance with the fee schedule adopted by the Eagle city council.
J103.1.1.2 Plan Review Fees. A plan review fee shall be paid at the time of submitting plans and specifications for review by the zoning administrator. Plan review fees shall be assessed in accordance with the fee schedule adopted by the Eagle city council.
J103.1.1.3 Grading Permit Fees. A fee for each grading permit shall be paid to the building official upon issuance of building permits. Grading permit fees shall be assessed in accordance with the fee schedule adopted by the Eagle city council.
IBC appendix J, section J103.2 Exemptions J103.2.1 is deleted and replaced with the following:
1. Lawn and garden grading involving less than 1,000 cubic yards of material and not changing drainage flow patterns nor the soil supporting any permanent structure or rigid (cement concrete, asphaltic concrete, or mortared masonry) surfacing, nor affecting neighboring properties nor public easements, may be approved by the building official without submittal of a grading plan as hereafter described, but is not exempt from permitting or any provision of this ordinance.
IBC appendix J, section J103.2.8 is a new section to read as follows:
8. Agricultural earth moving at locations in agricultural zones or that are being farmed are exempt from permitting under this section.
IBC J104.2 IBC building code amendment, appendix J, section J104.2 Site Plan Requirements is amended to add the following text:
The grading plan required per IBC J104.2 shall show, in addition to the items therein listed: a reference bench mark with reference point elevation, location (plane coordinates or bearing-distance tie to legal corner) and description, for each 10 (ten) acres of surface or part thereof; design finish elevations at finish change-of-slope points; and elevation basis equation if elevations shown are on a basis other than current NGVD datum. The grading plan required per IBC J104.2 shall be accompanied by a drainage report, referenced to drainage pathways and retention facilities shown on the grading plan, that sets forth the provisions for compliance with the storm water retention requirements included in EC 9-4-1-10, with supporting design calculations per the "design standards for storm drainage retention facilities" as referenced in EC 9-4-1-10.H.
IBC J104.3 IBC building code amendment, appendix J, section J104.3 Soils Report is amended to add the following text:
Information given in the soils report as required by IBC J104.3 shall also include water table data adequate to infer peak-season water table at all points where excavation will be performed. In particular, such information shall be sufficiently detailed and accurate to support evaluation of the probability of seasonal flooding of crawl spaces. Soils study shall contain site specific study data prepared by a soils engineer or geologists licensed in the state of Idaho and must include the following items:
1. Soil classifications at all horizons
2. In place soil density at all horizons
3. Safe load baring capacity at normal footing depth
4. Any identified usage limitations
For every grading project, the grading permit applicant shall provide a storm water pollution prevention plan certification. If the project is exempt from the requirements of the EPA construction general permit, the applicant shall certify in writing that it is exempt. If a storm water pollution prevention plan is required pursuant to the requirements of the EPA construction general permit, the applicant shall certify that the plan has been prepared and duly filed with EPA. In this case, the applicant shall also certify that the plan was adhered to during construction, as a condition to receive occupancy.
Grading plans required herein shall be submitted for proposed subdivisions at the preliminary plat application stage. Subdivision development is subject to the grading permit requirements. Grading plans for proposed residential subdivisions shall show:
a. Existing and finish elevation at each lot corner, at the curb at the point of extension of each side lot line, and at the bottom of flow line of each drain course at every point where it crosses a lot line, and the minimum floor elevation for the house that will be built on the lot, as determined applying the vertical separation and slope standards of item (c) following;
b. Drainage pattern type for each lot. Drainage pattern types are:
i. Type A: Lot drains to curb;
ii. Type B: Lot front drains to curb, and remainder of lot drains to rear of lot;
iii. Type C: Entire lot drains to rear of lot;
iv. Type D: Lot drains to side lot line.
Where lots are graded as types B, C and D, drainage not flowing to curb must be accommodated by a drainage retention system per EC 9-4-1-10, and transferred to the retention system by an interconnected system of drainage courses located in drainage easements. Flow lines of such drainage courses shall be centered at least five feet from lot lines that lie parallel to them, to give protection to fencing materials from water damage.
c. The following minimum vertical separation and minimum grade standards apply to residential subdivision grading plans:
i. Vertical separation highest ground surface to lowest finish floor 0.67 feet;
ii. Slope downward from house across first adjacent ten feet 0.5 feet;
iii. Slope of lawn and landscape areas between ten and twenty feet from house 2 percent (downward from house) minimum;
iv. Slope of drain-way flow lines 0.5 percent minimum, downward toward receiver;
v. Slope of impervious hard-surfaced areas (cement concrete, asphaltic concrete and mortared masonry - does not apply to stepping stones, free-set flagstones or un-mortared paving blocks or paving bricks) 0.5 percent minimum.
Commercial and industrial developments may apply these standards or present engineering analysis and design demonstrating adequacy (for the 100-year storm criterion) of a site-specific design.
IBC J104.3 "Exceptions", is deleted and replaced with the following:
Exceptions to separation and slope standards: building official may allow exceptions through written endorsement of detailed plan documents, provided applicant supplies engineering analysis and design calculations that demonstrate that house and garage are adequately protected against backup of direct runoff from the hundred-year storm event.
IBC J107 IBC building code amendment, appendix J, section J107 Fills is amended to add the following text:
In areas subject to EC 9-5-3, the requirements of EC 9-5-3 supersede the provisions of section J107 where the provisions of the two sections differ.
(Ord. 728, 1-27-2015)