A. General:
1. In the event of a conflict between any provision contained in a technical code, and any other provision of this Code, or State or Federal law, the other provision of this Code, or State or Federal law, shall prevail over the conflicting provision in the technical code. Where model codes adopted by reference in the technical codes conflict with this chapter, the provisions of this chapter shall control. There is a presumption that any matter regulated by this chapter is not regulated by a corresponding provision in a model code adopted by reference in this title.
2. In the event any provision of this Code is held to be illegal or void by a court of competent jurisdiction, all other provisions in this Code not thereby rendered illegal or void shall remain in full force and effect.
3. In the event different sections of this title contain conflicting requirements for the use of materials, methods of construction or other requirements, the most restrictive requirement shall control.
4. In the event of a conflict between a general requirement and a specific requirement, the specific requirement shall control.
5. The building official may consider manufacturer's instructions, specifications and recommendations in interpreting and applying the requirements of this title.
6. The context in which defined terms are used in this Code shall not affect their defined meanings, nor shall the listing of defined terms with overlapping meanings reduce the scope of or otherwise affect the defined meanings of those listed terms.
B. Emergency Provisions: In the event of the declaration of a national, State, or local emergency by a governmental entity with such authority, the building official may waive or augment the provisions of this title during the period of emergency to the extent needed to protect public safety.
C. Definitions: For purposes of this title, certain words, terms and phrases are defined as follows:
APPLICANT: | A person who submits an application to the building official. |
APPLICATION: | A written request for a permit on a form approved by the City. |
APPROVED INSPECTION AGENCY: | A properly licensed person or business regularly engaged in conducting tests or furnishing inspection services in relation to one (1) or more aspects of work regulated by this chapter that has been approved to perform such tests or inspection services by the building official. |
BUILDING: | Any structure, regardless of whether it is affixed to real property that is used or intended for supporting or sheltering any human use or occupancy. |
BUILDING, ACCESSORY: | A detached, subordinate building on the same lot with a principal building or use, the use of which is customarily accessory and incidental to the main use of the principal a building or use. |
BUILDING, ACCESSORY, NON-PERMANENT: | A detached building that is not attached to or set upon a permanent foundation, such as a greenhouse, garden shed, storage shed, or other building designed to store garden tools, bicycles, holiday decorations, or similar items and that is usually purchased at a retail establishment. |
BUILDING, ACCESSORY, PERMANENT: | A detached building attached to or set upon a permanent foundation and/or connected to utilities, such as a greenhouse, pole barn, garage, or other building designed to store household items and/or vehicles and that is usually built on-site. |
BUILDING OFFICIAL: | The officer or other designed authority charged with the administration and enforcement of this title, or a duly authorized representative. The term "building official" is synonymous with the terms "administrative authority", "responsible official", "Director", "chief inspector" and "authority having jurisdiction" as those terms are used in the model codes adopted by the technical codes. |
BUILDING SERVICE EQUIPMENT SYSTEMS: | Fuel-fired appliances and heating systems, emergency and standby power systems, electrical systems and equipment, mechanical refrigeration systems, elevators, stationary storage battery systems and commercial kitchen equipment incorporated into, connected to and/or affixed to buildings and structures. |
CERTIFICATE OF COMPLETION: | A document issued by the building official upon completion of any work for which a permit is required certifying that the completed work complies with the applicable provisions of this title. A Certificate of Completion does not authorize use or occupancy of a building or structure. |
CERTIFICATE OF OCCUPANCY: | A document issued by the building official certifying that work performed by a permittee is in compliance with this title and is in a condition suitable for the indicated use or occupancy. |
CODE: | The Elko City Code. |
CONTRACTOR CONTACT LIST: | A form provided by the building official that must be submitted with an application. The form requests the address where the work will be performed; the permit number; and the names of the design professional in responsible charge, owner/developer, architect, structural engineer, civil engineer, general contractor, electrical contractor, mechanical contractor and plumbing contractor, together with corresponding contact and licensing information. |
DEFERRED SUBMITTAL: | One (1) or more portions of the submittal documents that are not submitted at the time of the application, but which must be submitted to the building official between the time the permit is issued and the work described in those portions of the submittal documents commences. |
DESIGN PROFESSIONAL: | Unless specifically provided otherwise, a person who holds a professional license or certificate issued pursuant to chapter 623, 623A or 625 of the Nevada Revised Statutes, or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture. |
DESIGN PROFESSIONAL IN RESPONSIBLE CHARGE: | A person who holds a professional license or certificate issued pursuant to chapter 623, 623A or 625 of the Nevada Revised Statutes or a person primarily engaged in the practice of professional engineering, land surveying, architecture or landscape architecture who is responsible for reviewing and coordinating submittal documents prepared by others, including deferred submittal items, to ensure compatibility with the design of the building or structure and compliance with this title. |
DWELLING, MULTIFAMILY: | A building that contains three (3) or more dwelling units. |
DWELLING, ONE-FAMILY: | A building that consists solely of one (1) dwelling unit. |
DWELLING, TWO-FAMILY: | A building that consists solely of two (2) dwelling units. |
DWELLING UNIT: | A single unit providing complete and independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, cooking and sanitation. |
EMERGENCY WORK: | Work that must be performed immediately for the protection of the health or safety of people, or for the prevention of imminent harm to property, before a permit can reasonably be issued by the City. |
FOUNDATION: | A structure that supports a building or structure from underneath, typically made of stone or concrete. |
GARAGE: | A covered or enclosed outbuilding or part of a building designed for housing motor vehicles, boats, or trailers. |
IMMINENT DANGER OR IMMINENTLY DANGEROUS: | Any condition or practice within or in the vicinity of any building or structure or other real property creating a danger which could reasonably be expected to cause a health hazard, death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this Code. The following conditions must be met before a danger becomes an imminent danger: 1) there must be a threat of death or serious physical harm, meaning that a part of the body is damaged so severely that it cannot be used or cannot be used very well; or 2) there must be a health hazard such that there is a reasonable expectation that toxic substances or other health hazards are present and exposure to them will shorten life or cause substantial reduction in physical or mental efficiency; provided, the harm caused by the health hazard does not have to happen immediately. To constitute an imminent danger, the threat must be immediate or imminent, meaning that the building official has determined that death or serious physical harm could occur within a short time, for example before City employees or other governmental officials could investigate the problem. |
MANMADE EARTHEN FEATURES: | Improvements to real property not constituting buildings or structures that are created through the movement, installation, removal, compaction or emplacement of soil, gravel, rock or other natural materials, to include ditches, levees, dams, impoundments, slopes, artificial rock outcrops or gravity retaining walls. |
MODEL CODE: | A Building Code or other code that is developed and maintained by a standards organization independent of the City pertaining to the design, construction, installation, demolition or modification of any improvement to a building, structure, building service equipment system, pool, spa, or other real property or improvement to real property. |
ORDINARY REPAIRS: | Repairs to buildings and structures caused by day-to-day wear and tear that are required to maintain the functionality of the building or structure. Ordinary repairs do not increase the value of capital assets, but merely preserve utility and/or value. |
PERMIT: | An official document or certificate issued by the City which authorizes performance of specific work. |
PERMIT FEE: | An amount of money charged by the City in connection with the issuance, renewal, modification or amendment of a permit, or any work performed by City personnel in connection with a permit, such as the review of submittal documents. |
PERMITTEE: | A person who has been issued a permit. |
PHASE: | A portion of the work that must be completed, inspected and approved before additional work may be performed by a permittee. |
PLOT PLAN: | A site plan. |
PROJECT VALUE: | The total cost to perform work authorized by a permit, including overhead and profit, but not to include the cost of real property, as determined by resolution of the City Council. |
RESEARCH REPORTS: | Documents prepared by experts, academic institutions, professional associations or others with generally-recognized credentials in the relevant field which explain or describe the requested alternative and which support the use of the alternative in lieu of the requirement contained in the Code. |
SITE PLAN: | An architecture, engineering, and/or landscape architecture plan drawn to scale showing the physical layout of the site, including the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades, the proposed finished grades and, as applicable, flood hazard areas, floodways, design flood elevations, and any other information pertaining to the physical layout of the site required by the building official. |
STOP WORK ORDER: | A directive issued by the building official requiring a person or his or her contractors or agents to immediately suspend work. A stop work order may be issued to a permittee or other person performing work in violation of or without a permit. |
STORAGE RACK: | A structure composed of two (2) or more upright frames, beams, and connectors for supporting materials in storage. |
STRUCTURAL CALCULATION: | An accurate numeric determination of the amount of force that occur at specific locations of a structure, which are dependent upon the type of material, the amount of material and the number of members in a structure, and which are used, in part, to make the structure design safer and/or more efficient. |
STRUCTURE: | Something built or constructed that may be placed upon or affixed to real property for a purpose, such as storage or protection from the elements. The term "structure" includes, without limitation, a building, a non-permanentized mobile home or an unattached shed placed on skids. |
SUBMITTAL DOCUMENTS: | All documents specifically describing or pertaining to the work that must be submitted to the City pursuant to this title in order to obtain a permit, to include all documents listed on the applicable submittal requirement checklist. |
SUBMITTAL REQUIREMENTS CHECKLIST: | A form prepared by the City identifying documents or categories of documents that pertain to a particular type of work. Documents identified on a submittal requirement checklist may include civil, architectural, structural, electrical, plumbing and mechanical drawings; plans; specifications; maps; site drawings; construction documents, statements of special inspection and geotechnical reports relating to technical aspects of the construction, demolition or other activity that must be permitted pursuant to this title. |
TECHNICAL CODES: | Those City of Elko and model codes adopted in this title. Technical codes currently subject to this chapter include the City of Elko Building Code, Residential Code, Mechanical Code, Plumbing Code, Electrical Code, Energy Conservation Code, and Swimming Pool and Spa Code, together with all model codes therein adopted. |
TESTS: | Technical operations or procedures that determine one (1) or more characteristics of a given material, design, method of construction or of a piece of equipment according to a specified procedure that complies with industry standards. |
TRUSS CALCULATION: | An accurate numeric determination of the amounts of force that occur at specific locations of a truss design, which are dependent upon the type of material, the amount of material and the number of members in a truss, and which are used, in part, to make a building or structure design safer and/or more efficient. |
UNSAFE CONDITION: | A circumstance in which a building or structure, or any part thereof is structurally unsound, fails to provide adequate means of egress, creates a fire hazard, reduces fire resistance below that which is required by this title, causes a building service equipment system to become overloaded or exceed its rated capacity, creates a health hazard, or otherwise creates an unreasonable risk of harm to human life and safety. |
WORK: | The construction, erection, installation, production, activity, manufacture, labor or operation that goes into the making of any improvement to or alteration of real property, to include buildings, structures and building service equipment systems. (Ord. 859, 5-25-2021) |