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IRC section R101.1 is amended to read as follows:
R101.1 Title. These provisions shall be known as the Residential Code For One- And Two-Family Dwellings of the city of Eagle, and shall be cited as such and will be referred to herein as "this code."
IRC section 101.2 Scope delete exceptions no. 1 and no. 2. Replace no. 2 with the following:
No. 2, owner-occupied lodging houses with three (3) or fewer guestrooms shall be permitted to be constructed in accordance with the international residential code for one- and two-family dwellings. Such occupancies shall be required to install smoke alarms and carbon monoxide alarms in accordance with sections R314 and R315, respectively, of the international residential code for one- and two-family dwellings.
IRC section R102.7 is amended to read as follows:
R102.7 Existing Structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the international fire code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.
IRC section 105.2 Work Exempt From Permit. Delete item no. 2 and item no. 7 and replace with the following, and add the following item no. 11:
2. Fences not over six (6) feet (one thousand, eight hundred twenty-nine (1829) mm) high may be exempted from the requirement for a building permit in the absence of any other applicable land use regulations governing the installation, height, type or other aspect.
7. Prefabricated swimming pools that are not greater than four (4) feet (one thousand, two hundred nineteen (1219) mm) deep.
11. Flag poles.
IRC section 105.2.1 Emergency Repairs is amended to read as follows:
R105.2.1 Emergency Repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day or at a time required by the building official.
IRC section R105.2.2 is amended to read as follows:
R105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures, replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alter of, replacement or relocation of any, gas piping, combustion vent, electric wiring or mechanical or other work affecting public health or general safety.
IRC section R18.104.22.168 is amended to read as follows:
R22.214.171.124 Determination Of Substantially Improved Or Substantially Damaged Existing Buildings In Flood Hazard Areas. For applications for reconstruction, rehabilitation, addition, or other improvement of existing buildings or structures located in an area prone to flooding as established by table R301.2(1), the Eagle city floodplain administrator shall examine or cause to be examined the construction documents for the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its pre-damage condition. All substantially improved or reconstruction of existing structures shall be made in accordance with the Eagle city flood control ordinance.
IRC section R105.3.2 is amended to read as follows:
R105.3.2 Time Limitation Of Application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued. The building official is authorized to grant an extension not to exceed 180 days each. Extensions will only be granted with requests in writing by the applicant with justifiable cause demonstrated. Applications will not be granted more than twice.
IRC section R105.5 is amended to read as follows:
R105.5 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 and 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 city 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 and/or as set forth in the Idaho Code addressing abatement of dangerous or nuisance buildings or property.
IRC section R105.10 Permit Transfer is a new section and reads as follows:
R105.10 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.
IRC section R106.1 is amended to read as follows:
R106.1 Submittal Documents. Two (2) sets of construction plans, special inspection and structural observation programs, and other pertinent data shall be submitted with each application for a permit. Plans for all townhouse construction with more than four (4) units attached shall be prepared, signed and sealed by an architect licensed by the state of Idaho under section 54-309, Idaho Code, as amended.
Dwelling and townhouse units constructed in areas under the purview of the Eagle city code, title 9, chapter 5, Special Development Subdivisions, shall have foundation designs signed and sealed by a professional engineer licensed by the state of Idaho, and qualified in the engineering specialty involved.
IRC section R107.1 is amended to read as follows:
R107.1 General. The building official and the zoning administrator must both approve a permit for temporary structures and temporary uses. 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.
IRC section R108.5 is amended to read as follows:
R108.5 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.
IRC section R108.6 is a new section to read as follows:
R108.6 Work Commencing Before Permit Issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a special investigation that 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 or as set by resolution of the city council. 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.
IRC section R109.1.3 Floodplain Inspections is deleted and replaced with the following:
R109.1.3 Floodplain Inspections. For construction in areas prone to flooding as established by table R301.2(1), upon placement of the lowest floor, including basement, the building official is authorized to require submission of documentation of the elevation of the lowest floor, including basement, required in section R322.
IRC section R109.4 is amended to read as follows:
R109.4 Approval Required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. A final inspection and approval is required upon completion and prior to occupancy and use of all building and structures.
IRC section R110.4 is amended to read as follows:
R110.4 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 justifiable cause is demonstrated by the permit holder. In no case shall a temporary occupancy extend beyond one (1) year unless approved by the building official and the city council.
IRC section R111.1 is amended to read as follows:
R111.1 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 either civil or criminal prosecution under the penalty provisions of this code.
IRC section R111.3 is amended by changing the title to read as follows:
R111.3 Authority To Disconnect Service Utilities For Unsafe Conditions.
IRC section R111.4 is a new section to read as follows:
R111.4 Authority To Disconnect Service Utilities 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.
IRC section R112.1 is amended to read as follows:
112.1 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 shall 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.
IRC sections R112.2.1 and R112.2.2 are hereby deleted and repealed.
IRC section 112.3 is deleted and repealed.
IRC section R113.5 is a new section to read as follows:
R113.5 Criminal 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 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.
IRC section R114.1 and R114.2 are amended, and a new section R114.3 is added to read as follows:
R114.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the building official is authorized to issue a stop work order.
R114.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume.
R114.3 Unlawful Continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.
IRC section R202 Definition For "Townhouse" is amended to read as follows:
Townhouse is a single-family dwelling unit constructed in a row of attached units separated by property lines and with open space on at least two sides.
IRC table R301.2(1) is amended to read as follows:
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
Ground Snow Load
Wind Speedd (mph)
Seismic Design Categoryf
Subject To Damage From
Winter Design Tempe
Ice Barrier Under- layment Requiredh
Air Freezing Indexi
Mean Annual Tempj
Frost Line Depthb
Ground snow load = 20 psf (pg). (Further design for 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.)
Slight to moderate
10 degrees F
Floodplain ordinance effective 4-17-84, and FIRM maps as currently adopted
10 degrees F
51.1 degrees F
For SI: 1 pound per square foot=0.0479 kN/m.02, 1 mile per hour=1.609 km/h.
a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the weathering probability map [figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C34, C55, C62, C73, C90, C129, C145, C216 or C652.
b. The frost line depth may require deeper footings than indicated in figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.
d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [figure R301.2(4)]. Wind exposure category shall be determined on a site-specific basis in accordance with R301.2.1.4.
e. The outdoor design dry-bulb temperature shall be selected from the columns of 971/2 percent values for winter from ASHRAE-97 Handbook Of Fundamentals.
f. The jurisdiction shall fill in this part of the table with the seismic design category determined from section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the national flood insurance program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the currently effective FIRM and FBFM, or other flood hazard map adopted by the community, as may be amended.
h. In accordance with sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "yes". Otherwise, the jurisdiction shall fill in this part of the table with "no".
i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from figure R403.3(2) or from the 100-year (99%) value on the national climatic data center data table "Air Freezing Index-USA Method (Base 32° Fahrenheit)" at www.ncdc.noaa.gov/fpsf.html.
j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the national climatic data center data table "Air Freezing Index-USA Method (Base 32° Fahrenheit)" at www.ncdc.noaa.gov/fpsf.html.
IRC table R302.1 Exterior Walls delete the figures contained in the last column of the table under the heading "Minimum Fire Separation Distance" and replace with:
Table R302.1 Exterior Walls.
Walls (fire-resistance rated): < three (3) feet
Walls (not fire-resistance rated): = three (3) feet
Projections (fire-resistance rated): < three (3) feet
Projections (not fire-resistance rated): = three (3) feet
IRC section 302.2 Townhouses. The "exception" under this section shall be deleted and replaced with:
Exception. A common one-hour or two-hour fire resistance rated wall assembly tested in accordance with ASTME E 119 or UL 263 is permitted for townhouses if such walls do not contain plumbing or mechanical equipment, ducts or vents in the cavity of the common wall. The wall shall be rated for fire exposure from both sides and shall extend to and be tight against the exterior walls and the underside of the roof sheathing. Penetrations of electrical outlet boxes shall be in accordance with section R302.4.
IRC section 303.4 is deleted.
IRC section R313.1 Townhouse Automatic Fire Sprinkler Systems. The "exception" under this section shall be deleted and replaced with:
Exception. Automatic residential fire sprinkler systems shall not be required in townhouses where a two-hour fire- resistance rated wall is installed between dwelling units or when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed.
IRC section R313.2 is deleted.
IRC section R315.2 Where Required In Existing Dwellings. The following two (2) exceptions are added to this section as follows:
1. Work involving the exterior surfaces of dwellings, such as, but not limited to, replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck or electrical permits, are exempt from the requirements of this section, and
2. Installation, alteration or repairs of noncombustion plumbing or mechanical systems are exempt from the requirements of this section.
IRC section R322.1.10 is deleted.
IRC section R322.2.2 Enclosed Area Below Design Flood Elevation. Paragraph 2.2 of this section shall be deleted and replaced with the following:
2.2. The total net area of all openings shall be at least one (1) square inch (645 mm2) for each square foot (0.093 m2) of enclosed area, or the opening shall be designed and the construction documents shall include a statement that the design and installation of the openings will provide for the equalization of hydrostatic flood forces on exterior walls by allowing the automatic entry and exit of floodwaters.
IRC section R323 and 324 are repealed, deleted, and replaced with the following:
Section R324 Flood-Resistant Construction. All construction within flood hazard areas shall be designed and constructed in accordance with title 10, Flood Control, of the Eagle city code.
IRC section R501.3 and exceptions is deleted.
IRC section R602.10 is deleted and replaced with the following:
R602.10 Wall Bracing. Buildings shall be braced in accordance with this section or, when application, section R602.12, or the most current edition of APA system report SR-102 as an alternate method. Where a building, or portion thereof, does not comply with one (1) or more of the bracing requirements in this section, those portions shall be designated and constructed in accordance with section R301.1.
IRC section R903.1 is amended to read as follows:
R903.1 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.
IRC table R905.8.5 Wood Shake Material Requirements is amended and shall read as follows:
WOOD SHAKE MATERIAL REQUIREMENTS
Applicable Grading Rules
Wood shakes of naturally durable wood
Cedar shake and shingle bureau
Taper sawn shakes of naturally durable wood
Cedar shake and shingle bureau
Preservative-treated shakes and shingles of naturally durable wood
Cedar shake and shingle bureau
Fire-retardant-treated shakes and shingles of naturally durable wood
Cedar shake and shingle bureau
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)
Forest products laboratory of the Texas forest services
IRC table R905.8.6 Wood Shake Weather Exposure And Roof Slope is amended and shall read as follows:
WOOD SHAKE WEATHER EXPOSURE AND ROOF SLOPE
4:12 Pitch Or Steeper
Shakes of naturally durable wood
Preservative-treated taper sawn shakes of southern yellow pine
Taper sawn shakes of naturally durable wood
For SI: 1 inch = 25.4 mm.
a. For 24-inch by 3/8-inch handsplit shakes, the maximum exposure is 71/2 inches.
N1102.4.3 is deleted and replaced with the following:
N1102.4.3 Fireplaces. New wood-burning fireplaces shall have tight-fitting flue dampers and outdoor combustion air.
Chapter 11 [RE] Energy Efficiency. The following sections and tables of chapter 11 shall be amended in accordance with the requirements contained below in subsection 0004.04 of these rules which correspond to the appropriate section:
i. Table N1102.1.1 (table R402.1.1)-Insulation And Fenestration Requirements By Component.
ii. Table N1102.1.3 (table R402.1.3)-Equivalent U-Factors;
iii. Table N1102.2.6 (table R402.2.6)-Steel Frame Ceiling, Wall And Floor Insulation (R-Value);
iv. Section N1102.4.1 (table R402.4.1)-Building Thermal Envelope;
v. Section N1126.96.36.199 (R402.4.1.1)-Insulation;
vi. Table N1188.8.131.52 (table R402.4.1.1)-Air Barrier And Insulation Installation;
vii. Section N1184.108.40.206 (R402.4.1.2)-Testing Option;
viii. Add section N1220.127.116.11 (R402.4.1.3)-Visual Inspection Option;
ix. Add section N1102.6 (R402.6)-Residential Log Home Thermal Envelope;
x. Add table N1102.6 (table 402.6)-Log Home Prescriptive Thermal Envelope Requirements By Component;
xi. Section N1104.1 (R404.1)-Lighting Equipment.
(Ord. 728, 1-27-2015)