CHAPTER 1309
Interpretation and Application
1309.01   Purpose.
1309.02   Scope.
1309.03   Application to existing buildings.
1309.04   Alternate materials and construction.
1309.05   Responsibility of owner.
 
CROSS REFERENCES
Rules of construction - see ADM. 101.03
Conflicting provisions - see ADM. 101.06
Supplemental standards - see BLDG. 1301.02 et seq.
 
1309.01 PURPOSE.
   The purpose of this Building Code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City and certain equipment specifically regulated herein.
(Ord. 41-79. Passed 11-5-79.)
1309.02 SCOPE.
   (a)   New buildings and structures hereafter erected in the City and buildings and structures moved into or within the City shall conform to the requirements of this Building Code.
 
   (b)   Additions, alterations, repairs and changes of use or occupancy in all buildings and structures shall comply with the provisions for new buildings and structures except as otherwise provided in Chapter 1301 and Section 1309.03.
 
   (c)   Where, in any specific case, different sections of this Building Code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
(Ord. 41-79. Passed 11-5-79.)
1309.03 APPLICATION TO EXISTING BUILDINGS.
   (a)   Generally, buildings or structures to which additions, alterations, or repairs are made shall comply with all the requirements for new buildings or structures except as specifically provided in this section.
 
   (b)   When additions, alterations, or repairs exceed fifty percent (50%) of the value of an existing building or structure exclusive of foundation at the time additions, alterations or repairs are made, such building or structure, including new and existing portions, shall be made to conform to the requirements for new buildings or structures.
 
   (c)   Additions, alterations and repairs, exceeding twenty-five percent (25%) but not exceeding fifty percent (50%) of the value of an existing building or structure, exclusive of foundation, may be made to such building or structure within any twelve month period without making the entire building or structure comply. The new additions, alterations and repairs shall comply with all the requirements for a new building. Such building or structure shall not exceed the areas and heights as specified in the current zoning ordinances of the City.
 
   (d)   Minor structural alterations and repairs to any portion of an existing building or structure not exceeding twenty-five percent (25%) of the value of the existing building or structure, may be made of the same material of which the building or structure is constructed when approved by the Building Inspector.
 
   (e)   Not more than twenty-five percent (25%) of the roof covering of any building or structure shall be replaced, in any twelve month period unless the new roof covering is made to conform to the requirements of this Building Code for new buildings or structures.
 
   (f)   Buildings or structures moved into or within the City shall comply with the provisions of this Building Code.
 
   (g)   All buildings or structures both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by this Building Code in a building or structure when erected, altered, or repaired, shall be maintained in good working order. The owner or his designated agent shall be responsible for the maintenance of buildings and structures.
(Ord. 41-79. Passed 11-5-79.)
1309.04 ALTERNATE MATERIALS AND CONSTRUCTION.
   (a)   The provisions of this Building Code are not intended to prevent the use of any material or method of construction not specifically prescribed by this Building Code, provided any such alternate has been approved.
 
   (b)   The Director of Building and Zoning may approve any such alternate provided he finds that the proposed design is satisfactory and complies with the provisions of Chapter 1301 and that the material, method, or work offered is for the purpose intended, at least the equivalent of that prescribed in this Building Code, in quality, strength, effectiveness, fire resistance, durability and safety.
 
   (c)   The Director of Building and Zoning shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. Tests as proof of compliance may be required to be made at the expense of the owner or his agent by an approved agency. Copies of the results of all such tests affecting buildings or structures shall be kept on file in the office of the Director of Building and Zoning. Any person adversely affected by the refusal of the Director of Building and Zoning to grant an approval authorized by this section may appeal to the Board of Zoning Appeals.
(Ord. 41-79. Passed 11-3-79; Ord. 92-33. Passed 12-7-92.)
1309.05 RESPONSIBILITY OF OWNER.
   The owner of premises subject to the provisions of this Building Code shall be responsible for compliance with the standards set forth herein. He shall remain responsible therefore, regardless of the fact certain responsibilities may also be placed on operators or agents and regardless of any agreement between the owner and anyone else as to whom shall assume such responsibilities. The owner shall remain responsible for the elimination of any violation found on his premises, regardless of any agreement between owners and others.
(Ord. 41-79. Passed 11-5-79.)