(A) The purpose of this section is to establish the adoption of the International Building Code to ensure that any buildings constructed within the city are constructed in a safe manner resulting in a structurally sound, finished product.
(Prior Code, § P-1-1)
(B) There is hereby adopted the International Building Code, 2015 edition, International Residential Code, 2015 edition, International Existing Building Code, 2015 edition, and International Property Maintenance Code, 2015 edition, in whole, except such portions as have been deleted, modified or amended, and as so deleted, modified or amended as listed below.
(C) The following sections of the International Building Code, 2015 Edition, as adopted by the state are hereby amended, added or deleted as follows:
(1) Section 101.1 insert where indicated: City of Fort Pierre;
(2) Section 1612.3 insert where indicated: City of Fort Pierre;
(3) Section 1612.3 insert where indicated: May 17, 2004;
(4) Amend to read as follows: Section 101.4.3 Plumbing. The provisions of the Uniform Plumbing Code as adopted by the State of South Dakota shall apply to the installation, alterations, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water and sewage systems and all aspects of a medical gas system. The provisions of the South Dakota Department of Agricultural and Natural Resources shall apply to Individual and Small on-site Wastewater Systems (ARSD 74:03:01). All references to the International Plumbing Code shall refer to the Uniform Plumbing Code as adopted by the State of South Dakota and thus adopted by the City of Fort Pierre;
(5) Delete Section 101.4.6 Energy;
(6) Amend to read as follows: Section 101.4.8 Electrical. The provisions of the National Electric Code as adopted by the State of South Dakota shall apply to the installation of electrical systems, including equipment appliances, fixtures, fittings and/or appurtenances thereto. All references to the International Code Council (ICC) Electrical Code shall refer to the National Electrical Code as adopted by the State of South Dakota and City of Fort Pierre;
(7) Amend to read as follows: Section 103.1 Creation of enforcement agency. The Department of Public Safety is hereby created and the official in charge thereof shall be known as the building official. The Department of Public Safety is under the jurisdiction of the Public Works Department. The Building Official unless otherwise indicated is the Director of Public Works (a.k.a. Public Works Director);
(8) Add the following paragraph to Section 104.8.1 Legal Defense: This code shall not be construed to relieve or lessen the responsibility of any person owning, operating, or controlling any building or structure for any damages to persons or property caused by defects, nor shall the City, or its officers and employees, be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code;
(9) Delete the following: Section 105.1.1 Annual Permit;
(10) Delete the following: Section 105.1.2 Annual permit records;
(11) Add the following paragraph to Section 105.2 Work exempt from permit: 14. Decks, Platforms and stages not over 30 inches (762 mm) above adjacent grade and not over any basement or story below and which are not part of an accessory route;
(12) Add the following paragraph to Section 108.3 Temporary Power. An Electrical Permit issued by the South Dakota State Electric Commission shall be obtained prior to commencing work on the installation of Temporary Power;
(13) Amend to read as follows: Section 109.4 Work 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 fine of 10% of the required building permit fee, but not less than $25, per day for each day work is performed prior obtaining the required permits. This fine is in addition to the permit fees;
(14) Add the following section: Section 109.7 Delinquent accounts and fees. Building Permits will not be issued to properties with delinquent utility accounts. Certificate of Occupancy will not be issued for properties with delinquent utility accounts, fees and fines. Building Permit fees and fines not paid after 60 days from date of payment is requested shall be assessed to the property in the form special assessment;
(15) Amend to read as follows: Section 113.3 Members. The Board of Appeals shall consist of the current members of the Board of Adjustment and Appeals as appointed by the Fort Pierre City Commission;
(16) Amended to read as follows: Section 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directives from the Building Official, or of a permit or certificate issued under the provisions of this code, shall be subject to a penalty of $100 for each violation for each day the violations exist;
(17) Amended to read as follows: Section 116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress, facilities, inadequate light and ventilation, that constitute a fire hazard, that are unstable, that are not structurally adequate or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed unsafe structures. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant building that is not secured against entry, harbors wild animals and rodents, windows and doors are missing or not secured by normal means, no utilities are active or functioning for periods longer than 60 days, or is vacant for longer than 12 months shall be deemed unsafe. An “unsafe” structure shall be considered a “dangerous” structure in reference to the law;
(18) Amended to read as follows: Section 116.3 Notice. If an unsafe structure is found, the building official shall serve on the owner, agent or person in control of the structure, a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such Notice shall require the person thus notified to respond within the prescribed time period to the building official acceptance or rejection of the terms of this order in accordance with the law;
(19) Amend to read as follows: Section 116.5 Restoration. Where the structure or equipment determined to be unsafe by the building official is restored to a safe condition, to extent that repairs, alterations, or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions, and change of occupancy shall comply with the requirements of the construction plans approved by the building official and the International Existing Building Code;
(20) Add the following definitions to Section 202 Definitions.
STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited or failed to do an act which the defendant was legally required to do.
(21) Amend to read as follows: Section 305.2 Group E, Day Care Facilities. This group includes buildings and structures or portions thereof occupied by more than 12 children older than 2 ½ years of age who receive educational, supervision or personal care services for fewer than 24 hours per day;
(22) Amend to read as follows: Section 305.2.2 Twelve or fewer children. A facility having twelve (12) or fewer children receiving such day care shall be classified as part of the primary occupancy;
(23) Amend to read as follows: Section 305.3 Twelve or fewer children in a dwelling unit. A facility such as above within a dwelling unit and having twelve (12) or fewer children receiving day care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code;
(24) Amend to read as follows: Section 308.6 Institutional Group I-4, day care facilities. Institutional Group I-4 occupancy shall include buildings and structures occupied by more than twelve (12) persons of any age who received custodial care for fewer than 24 hours per day by persons other than parents or guardians, relatives by blood, marriage or adoption, and in a place other than the home of the person cared for. This group shall include, but not limited to, the following:
Adult day care
Child day care
(25) Amend to read as follows: Section 308.6.3 Twelve or fewer persons receiving care. A facility having twelve (12) or fewer persons receiving custodial care shall be classified as part of the primary occupancy;
(26) Amend to read as follows: Section 308.6.4 Twelve or fewer persons receiving care in a dwelling unit. A facility such as the above with a dwelling unit and having twelve (12) or fewer persons receiving custodial care shall be classified as R-3 occupancy or shall comply with the International Residential Code;
(27) Amend to read as follows: Section 706.6.2 Building with Sloped Roofs. Where a fire wall serves as an interior wall for building, and the roof on one side or both sides of the fire wall slopes toward the firewall at a slope greater than two units vertical to 12 units horizontal (2:12), the fire wall shall extend to a height equal to the height of the roof located at a point four (4) feet from the firewall plus 30 inches. In no case shall the extension of the firewall be less than 30 inches.
Exception: The fire wall may terminate at the underside of the roof sheathing, deck or slab of the roof provided:
1. The roof assemblies within 10 feet of the fire wall has a fire rating not less than a 1-hour fire resistance rating and the entire length of and span of the supporting elements for the rated roof assembly has a fire-resistance rating of not less than 1-hour.
2. Openings in the roof on each side of the fire wall shall not be located within 10 feet of the fire wall.
(28) Amend to read as follows: 903.2.8. Group R. An automatic sprinkler system shall be installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area.
Exception: Group R-3. One and Two-family dwellings.
(29) Amend to read as follows: 903.1.1.1 Exempt locations. Automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907.2 that will respond to visible and invisible particles of combustion. Sprinklers shall not be omitted from a room merely because it is damp, of fire resistance-rated construction or contains electrical equipment.
1. A room where application of water, or flame and water, constitutes a serious life or fire hazard.
2. A room or space where sprinklers are considered undesirable because of the nature if the contents, where approved by the fire code official. Such rooms shall be separated from the remainder of the building by fire barrier walls and horizontal assemblies have a fire resistance rating of not less than two hours.
3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling assemblies having a fire-resistance rating of not less than 2-hours.
4. Rooms or area that are noncombustible construction with wholly non-combustible contents.
5. Fire Service access elevators machine rooms and machinery spaces
6. Machine rooms, machinery spaces, controls rooms and control spaces associated with occupant evacuation elevators designed in accordance with Section 3008.
(30) Amend to read as follows: Section 904.12.2 System interconnection. The actuation of the fire suppression system shall automatically shut down the fuel or electrical power supply of the cooking equipment and all electrical receptacles located beneath the exhaust hood. The fuel and electrical supply shall be manual reset;
(31) Amend to read as follows: Section 907.2.8.2 Automatic smoke detection system. An automatic smoke detection system that activates the occupant notification system in accordance with Section 907.5 shall be installed throughout all interior corridors serving sleeping units and at the top of all enclose stairwells.
Exception: An automatic smoke detection system is not required in buildings that do not have interior corridor serving sleeping units and were each sleeping unit has a means of egress door opening directly to an exit or to an exterior exit access that lead directly to an exit.
(32) Amended to read as follows: Section 907.2.13.1.2 Duct smoke detection. Duct smoke detectors complying with Section 907.3.1 shall be located as follows:
1. In the main return air and exhaust air plenum of each air-conditioning system having a capacity greater than 2,000 cubic feet per minute (cfm) (0.94 m3/s). Such detectors shall be located in a serviceable area downstream of the last duct inlet.
2. At each connection to a vertical duct or riser serving two or more stories from a return air duct or plenum of an air-conditioning system. In Group R-1 and R-2 occupancies, a smoke detector is allowed to be used in each return air riser carrying not more than 5,000 cfm (2.4 m3/s) and serving not more than 10 air-inlet openings.
3. Duct smoke detectors installed more than 10 feet above a finished floor, above a ceiling, or on a rooftop shall be installed with remote test/indicators in an approved location below and in proximity to the unit served.
(33) Amended to read as follows: Section 912.2.1 Visible location. Fire department connections shall be located on the street side of buildings, fully visible and recognizable from the street or nearest point of fire department vehicle access or as otherwise approved by the code official. A weather-rated horn/strobe connected to the fire detection or sprinkler system shall be located not lower than 8 feet above the fire department connection and within 10 feet horizontally of the connection. The weather-rated horn/strobe must be visible from the fire lane or street;
(34) Amended to read as follows: Section 1010.1.7 Thresholds. Thresholds at doorways shall not exceed 3/4 inch (19.1 mm) in height above the finished floor or landing for sliding doors serving dwelling units or 1/2 inch (12.7 mm) above the finished floor or landing for other doors. Raised thresholds and floor level changes greater than 1/4 inch (6.4 mm) at doorways shall be beveled with a slope not greater than one unit vertical in two units horizontal (50-percent slope).
Exceptions: 1. In occupancy Group R-2 or R-3, threshold heights for sliding and side hinged exterior doors shall be permitted to be up to 8 inches (203 mm) in height if all of the following apply:
1.1. The door is not part of the required means of egress.
1.2. The door is not part of an accessible route as required by Chapter 11.
1.3. The door is not part of an accessible unit, Type A unit or Type B unit.
(35) Amend to read as follows: Section 1010.1.9.3 Locks and latches. Locks and latches shall be permitted to prevent operation of doors where any of the following exist:
1. Places of detention or restraint.
2. In buildings in occupancy Group A having an occupant load of 300 or less, Groups B, F, M and S, in places of religious worship, and exterior decks allowed to have one exit where the exit access from the deck extends back into the building, the main door or doors are permitted to be equipped with key-operated locking devices from the egress side provided:
2.1. The locking device is readily distinguishable as locked.
2.2. A readily visible durable sign is posted on the egress side on or adjacent to the door stating: THIS DOOR TO REMAIN UNLOCKED WHEN THIS SPACE IS OCCUPIED. The sign shall be in letters 1 inch (25 mm) high on a contrasting background.
2.3. The use of the key-operated locking device is revocable by the building official for due cause.
3. Where egress doors are used in pairs, approved automatic flush bolts shall be permitted to be used, provided that the door leaf having the automatic flush bolts does not have a doorknob or surface-mounted hardware.
4. Doors from individual dwelling or sleeping units of Group R occupancies having an occupant load of 10 or less are permitted to be equipped with a night latch, dead bolt or security chain, provided such devices are openable from the inside without the use of a key or tool.
5. Fire doors after the minimum elevated temperature has disabled the unlatching mechanism in accordance with listed fire door test procedures.
(36) Amended to read as follows: Section 1011.5.2 Riser height and tread depth. Stair riser heights shall be 7 inches (178 mm) maximum and 4 inches (102 mm) minimum. The riser height shall be measured vertically between the nosings of adjacent treads. Rectangular tread depths shall be 11 inches (279 mm) minimum measured horizontally between the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread’s nosing. Winder treads shall have a minimum tread depth of 11 inches (279 mm) between the vertical planes of the foremost projection of adjacent treads at the intersections with the walkline and a minimum tread depth of 10 inches (254 mm) within the clear width of the stair.
Exceptions:
1. Spiral stairways in accordance with Section 1011.10.
2. Stairways connecting stepped aisles to cross aisles or concourses shall be permitted to use the riser/tread dimension in Section 1029.13.2.
3. In Group R-3 occupancies; within dwelling units in Group R-2 occupancies; and in Group U occupancies that are accessory to a Group R-3 occupancy or accessory to individual dwelling units in Group R-2 occupancies; the maximum riser height shall be 8 inches (203 mm); the minimum tread depth shall be 10 inches (254 mm); the minimum winder tread depth at the walkline shall be 10 inches (254 mm); and the minimum winder tread depth shall be 6 inches (152 mm). A nosing projection not less than 3/4 inch (19.1 mm) but not more than 1-1/4 inches (32 mm) shall be provided on stairways with solid risers where the tread depth is less than 11 inches (279 mm).
4. See Section 403.1 of the International Existing Building Code for the replacement of existing stairways.
5. In Group I-3 facilities, stairways providing access to guard towers, observation stations and control rooms, not more than 250 square feet (23 m2) in area, shall be permitted to have a maximum riser height of 8 inches (203 mm) and a minimum tread depth of 9 inches (229 mm).
(37) Amend to read as follows: Section 1503.4 Roof drainage. Design and installation of roof drainage systems shall comply with Section 1503 of this code shall be sized and discharge in accordance with the Plumbing Code. Unless roofs are sloped to drain over roof edges, roof drains or scuppers shall be installed at each low point of the roof. Roofs shall be sloped a minimum of 1 unit vertical in 48 units horizontal (2 percent slope) for drainage unless designed for water accumulation in accordance with Section 1611.2 Ponding Instability.
Roof drainage water from a building shall not be allowed to flow over adjacent private property or public sidewalks.
(38) Amend to read as follows: Section 1601.1 Scope. The provisions of this chapter shall govern the structural design of buildings, structures, and portions thereof regulated by this code.
It shall not be the responsibility of the building official to determine engineering requirements of this code. Exclusive of conventional light-frame wood construction provisions referenced in Section 2308, the method to resist loads as referenced in this chapter is the responsibility of a structural engineer or other qualified design professional.
(39) Amend to read as follows: Section 1612.3 Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled “The Flood Insurance Study for the City of Fort Pierre” dated May 17, 2004, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section;
(40) Amend to read as follows: Section 1703.1 Approved agency. An approved agency or the design professional of record shall provide all information as necessary for the building official to determine that the agency meets the applicable requirements specified in Sections 1703.1.1 through 1703.1.3;
(41) Insert the following: Section 1804.8 Grading permits required. A Grading and Excavation Permit shall be required if the grading and excavation work exceeds 100 cubic yards and is not directly required for the construction of the structure requiring a building permit or if any of the conditions exist as listed in City Ordinance Section Q-12-408. Refer to City Ordinance Section Q-12-408 for Grading and Excavation Permit Grading and Excavation Plan requirements;
(42) Amend to read as follows: Section 1807.1.4 Permanent wood foundation systems: Permanent wood foundation systems shall be designed by a qualified professional engineer and installed in accordance with AWC PWF. Lumber and Plywood shall be treated in accordance with AWPA U1 (Commodity Specification A, Use Category 4B and Section 5.2) and shall be identified in accordance with Section 2303.1.9.1;
(43) Amend to read as follows: Section 1807.3 Embedded posts and poles. Embedded posts and poles shall be designed by a qualified professional engineer. Designs to resist both axial and lateral loads employing posts or poles as columns embedded in the earth or concrete footings in earth shall be designed and constructed in accordance with sections 1807.3.1 through 1807.3.3;
(44) Amend to read as follows: Section 1808.7.4 Foundation elevation. The top of any exterior foundation shall extend above the elevation of the top of the curb at centerline of the front property line not less than 12 inches plus 2% of the distance from the back of curb to the closest point of the foundation. If the street does not have a curb, the top of the exterior foundation shall extend above the centerline of the road 18" plus 2% of the distance from the property line to the nearest point on the foundation. Alternative elevation of 24" above the existing grade prior to construction for buildings that are located more than 50 feet from the front property line or a drainage plan is submitted prepared by a professional engineer. At all locations around the foundation the adjacent grade shall slope away from the foundation at a slope not less than 20:1 for an elevation difference of a minimum of 12 inches;
(45) Amend to read as follows: Section 1809.5 Frost protection. Except where otherwise protected from frost, foundations and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods:
1. Extending footings below frost line of the locality. Frost line is 42 inches below grade immediately adjacent to the structure.
2. Constructing in accordance with ASCE 32.
3. Erecting on solid rock.
Exceptions: Free standing buildings meeting all the following conditions shall not be required to be protected:
1. Assigned to Risk Category 1 (Table 1604.5).
2. Area of 1200 square feet or less for light framed structures. 600 square feet for other than light framed structures.
3. Eave height of 10 feet or less.
4. Does not contain water or sewer services.
(46) Insert the following: Section 1809.5.1 Frost protection of concrete slab-on-grade. Non-load bearing concrete slab-on-grade located in the interior of the continually heated buildings or structures with a use and occupancy classification other than U shall be protected from frost by one or more of the following methods:
1. Extending a continuous concrete wall below the frost line. Frost line is 42" below grade immediately adjacent to the structure. The concrete wall shall be a minimum thickness of 6 inches.
2. Extending an insulated wall or barrier with a minimum R-Value of 10 below frost line.
3. Insulation and turned down concrete slab-on-grade provided in accordance with Section R403.3 of the 2015 Residential Code and the building or structure interior temperature is maintained at a minimum of 64 degrees Fahrenheit.
(Prior Code, § P-1-2)
(Ord. 845, passed - -; Ord. 933, passed - -; Ord. 1012, passed - -; Ord. passed - -)