[A] 101.1 Title. These regulations shall be known as the existing building code of Lincoln County, SD, hereinafter referred to as “this code.”
101.4.3 Gas. The term International Fuel Gas Code shall mean the International Fuel Gas Code as adopted by the State of South Dakota and shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. The International Fuel Gas Code shall be administered by the State of South Dakota.
101.4.4 Mechanical. The term International Mechanical Code shall mean the International Mechanical Code as adopted by the State of South Dakota and shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems. The International Mechanical Code shall be administered by the State of South Dakota.
101.4.5 Plumbing. The term ICC Plumbing Code shall mean the ICC Plumbing Code as adopted by the State of South Dakota and shall apply to the installation, alteration, repair, and replacement of plumbing systems, including equipment, appliances, fixtures, fittings, and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. ICC Plumbing Code shall be administered by the State of South Dakota.
101.4.6 Property maintenance. The term International Property Maintenance Code shall mean the International Property Maintenance Code as adopted by the State of South Dakota and shall apply to existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures. The International Property Maintenance Code shall be administered by the State of South Dakota.
101.4.7 Fire prevention. The term International Fire Code shall mean the International Fire Code as adopted by the State of South Dakota and shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. The International Fire Code shall be administered by the State of South Dakota.
101.4.8 Energy. The term International Energy Conservation Code shall mean the International Energy Conservation Code as adopted by the State of South Dakota and shall apply to all matters governing the design and construction of buildings for energy efficiency. The International Energy Conservation Code shall be administered by the State of South Dakota.
101.4.9 Electrical. The term ICC Electrical Code shall be mean the ICC Electrical Code as adopted by the State of South Dakota and shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings, and appurtenances thereto. ICC Electrical Code shall be administered by the State of South Dakota.
[A] 103.1 Enforcement agency. The Department of Planning and Zoning shall be the enforcement agency and the official in charge thereof shall be known as the building official.
[A] 103.2 Appointment. Not adopted by Lincoln County.
[A] 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Planning Director shall have the authority to appoint building inspector(s) (referred to herein as the code official), the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the code official.
[A] 104.8 Liability. The code official, member of the board of appeals, or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.
This code shall not be construed to relieve from 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 code enforcement agency or the city be held as assuming any such liability by reason of the inspection authorized by this code or any permits or certificates issued under this code.
[A] 104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be afforded all the protection provided by the city’s insurance pool and immunities and defenses provided by other applicable state and federal laws and shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for cost in any action, suit, or proceeding that is instituted in pursuance of the provisions of this code.
[A] 104.10.1 Flood hazard areas. For existing buildings located in flood hazard areas for which repairs, alterations and additions constitute substantial improvement, the code official shall not grant modifications to provisions related to flood resistance as established by the Floodplain Management Ordinance for Lincoln County.
[A] 104.11 Alternative materials, design and methods of construction, and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design, or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method, or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.
[A] 105.1 Required. Any owner or owner’s authorized agent who intends to repair, add to, alter, relocate, demolish, or change the occupancy of a building or to repair, install, add, alter, remove, convert, or replace any electrical, gas, mechanical, or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the code official and obtain the required permit. The code official may exempt permits for minor work.
[A] 105.1.1 Annual permit. Not adopted by Lincoln County.
[A] 105.1.2 Annual permit records. Not adopted by Lincoln County.
[A] 108.3 Work commencing before permit issuance. Any person who commences any work before obtaining the necessary permits shall be subject to a fee equal to the required permit fee. The building official may apply said fee for each week the required permit is not obtained. Such fees are in addition to the required permit fees. Legal and/or civil proceedings may also be commenced.
108.7 Delinquent accounts. Lincoln County may refuse to issue permits or conduct inspections for any person or business whose account is delinquent.
[A] 109.3.1 Footing or foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. If an inspection is required for concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready-mixed in accordance with ASTM C 94, the concrete need not be on the job.
[A] 110.1 Change of occupancy. No building shall be used or occupied, and change in the existing use or occupancy classification of a building or portion thereof shall not be made until the code official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.
[A] 110.2 Certificate issued. After the code official inspects the building and does not find violations of the provisions of this code or other laws that are enforced by Building Services, the code official shall issue a certificate of occupancy that shall contain the following:
1. The building permit number.
2. The address of the structure.
3. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified.
4. The name of the code official.
5. The edition of the code under which the permit was issued.
6. The use and occupancy in accordance with the provisions of the International Building Code.
7. The type of construction as defined in the International Building Code.
8. The design occupant load in assembly occupancies only.
9. If fire protection systems are provided, whether the fire protection systems are required.
10. Any special stipulations and conditions of the building permit.
[A] 112.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the code official relative to the application and interpretation for this code there shall be and is hereby created a board of appeals consisting of members of the Lincoln County Planning Commission. The Planning Commission acting as the board of appeals may call upon experts in the field of architecture, engineering and construction before making a decision on any appeal coming before them.
[A] 112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall not have authority relative to the administrative provisions of this code nor shall the board be empowered to waive requirements of this code.
[A] 113.3 Prosecution of violation. If the notice of violation is not complied with promptly, the code official is authorized to request the legal counsel of the jurisdiction to deem the violation as a strict liability offense and institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
Section 202—General Definitions. Add the following definition:
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.
302.3 Additional codes. Alterations, repairs, additions and changes of occupancy to, or relocation of, existing buildings and structures shall comply with the provisions for alterations, repairs, additions and changes of occupancy or relocation, respectively, in this code and the International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, Uniform Plumbing Code, International Property Maintenance Code, International Residential Code, and NFPA 70. Where provisions of the other codes conflict with provisions of this code, the provisions of this code shall take precedence.
406.1 Material. Existing electrical wiring and equipment undergoing repair shall be allowed to be repaired or replaced with like material. Minor additions, alterations, and repairs to existing electrical systems or equipment may be installed in accordance with the law in effect at the time the original installation was made, when approved by the electrical inspector.
406.1.4 Group B and Group I-2 Receptacles. Receptacles in patient bed locations of Group B medical offices and ambulatory health care facilities, and Group I-2 that are not “hospital grade” shall be replaced with “hospital grade” receptacles, as required by NFPA 99 and Article 517 of NFPA 70.
406.1.6 New electrical service entrances in existing single-family and multiple-family dwellings. When adding a new service entrance with increased amperage, the existing electrical system shall, at a minimum, comply with the following:
(1) Kitchens. Each kitchen shall have a minimum of one 20-ampere circuit serving a countertop receptacle and a grounded receptacle serving a refrigerator.
(2) Overcurrent device location. Each occupant shall have access to his branch circuit overcurrent devices without going outdoors or through another occupancy.
(3) Habitable areas. All habitable areas, other than closets, kitchens, basements, garages, hallways, laundry areas, utility areas, storage areas, and bathrooms, shall have a minimum of two duplex receptacle outlets, or one duplex receptacle outlet and one ceiling or wall-type lighting outlet.
(4) Minimum lighting outlets. At least one lighting fixture shall be provided in every habitable room, bathroom, hallway, stairway, attached garage, and detached garage with electrical power, in utility rooms and basements where such spaces are used for storage or contain equipment requiring service, and to illuminate outdoor entrances and exits.
(5) Ground fault circuit interrupters. Ground fault circuit interrupter protection shall be provided for all receptacles in bathrooms, above kitchen counters, attached and detached garages provided with power, at readily accessible receptacles within 6 feet of sinks, unfinished basements, and at outdoor locations. The exceptions of the National Electrical Code 210.8(A) 3 and 5 shall apply.
(6) Laundries. Each laundry shall be provided with at least one separate 20-ampere circuit.
(7) Heat sources. Any heat source shall be provided with a separate circuit.
(8) Exposed wiring methods. All exposed wiring methods shall be installed in accordance with the applicable National Electrical Code article.
408.1 Materials. Plumbing materials and supplies shall not be used for repairs that are prohibited in the Uniform Plumbing Code.
702.6 Materials and methods. New work shall comply with the materials and methods requirements in the International Building Code, International Residential Code, International Energy Conservation Code, International Mechanical Code, International Fuel Gas Code, NFPA 70, and the Uniform Plumbing Code, as applicable, that specify material standards, detail of installation and connection, joints, penetrations, and continuity of any element, component, or system in the building.
[M] 702.6.2 International Mechanical Code. The following sections of the International Mechanical Code shall constitute the mechanical materials and methods requirements for Level 1 alterations:
1. All of Chapter 3, entitled “General Regulations,” except Sections 303.7 and 306.
2. All of Chapter 8, entitled “Chimneys and Vents.”
3. All of Chapter 9, entitled “Specific Appliances.”
[R] 702.6.3 International Residential Code. The following sections of Part V - Mechanical of the International Residential Code shall constitute the residential mechanical and fuel gas materials and methods requirements for Level 1 alterations:
1. All of Chapter 13, entitled “General Mechanical System Requirements,” except Section M1305.
2. All of Chapter 18, entitled “Chimneys and Vents.”
3. All of Sections G2431 through G2454 governing the appliances and equipment specifically identified therein.
805.3.1.2.1 Fire escape access and details. Fire escapes shall comply with all of the following requirements:
1. Occupants shall have unobstructed access to the fire escape without having to pass through a room subject to locking.
2. Access to a new fire escape shall be through a door, except that windows shall be permitted to provide access from single dwelling units or sleeping units in Group R-l, R-2, and I-1 occupancies or to provide access from spaces having a maximum occupant load of 10 in other occupancy classifications.
2.1. The window shall have a minimum net clear opening of 5 square feet (0.46 m2)
2.2 The minimum net clear opening height shall be 24 inches (610 mm) and net clear opening width shall be 20 inches (508 mm).
2.3. The bottom of the clear opening shall not be greater than 48 inches (1,219 mm) above the floor.
2.4. The operation of the window shall comply with the operational constraints of the International Building Code.
3. Newly constructed fire escapes shall be permitted only where exterior stairways cannot be utilized because of lot lines limiting the stairway size or because of the sidewalks, alleys, or roads at grade level.
4. Openings within 10 feet (3,048 mm) of fire escape stairways shall be protected by fire assemblies having minimum 3/4-hour fire resistance ratings.
Exception: Opening protection shall not be required in buildings equipped throughout with an approved automatic sprinkler system.
5. In all buildings of Group E occupancy, up to and including the 12th grade, buildings of Group I occupancy, rooming houses and childcare centers, ladders of any type are prohibited on fire escapes used as a required means of egress.
809.1 Minimum Fixtures. Where the occupant load of the story is increased by more than 20 percent, plumbing fixtures for the story shall be provided in quantities specified in Chapter 29, Plumbing Systems of the International Building Code based on increased occupant load.
1009.1 Increased demand. Where the occupancy of an existing building or part of an existing building is changed such that the new occupancy is subject to increased or different plumbing fixture requirements or to increased water supply requirements in accordance with the Uniform Plumbing Code, the new occupancy shall comply with the intent of the respective Uniform Plumbing Code provisions.
1010.2 Food-handling occupancies. If the new occupancy is a food-handling establishment, all existing sanitary waste lines above the food or drink preparation or storage areas shall be panned or otherwise protected to prevent leaking pipes or condensation on pipes from contaminating food or drink. New drainage lines shall not be installed above such areas and shall be protected in accordance with the Uniform Plumbing Code.
1010.3 Interceptor required. If the new occupancy will produce grease or oil-laden wastes, interceptors shall be provided as required in the Uniform Plumbing Code.
1010.5 Group I-2. If the occupancy group is changed to Group I-2, the plumbing system shall comply with the applicable requirements of the Uniform Plumbing Code.
TABLE 1011.4
MEANS OF EGRESS HAZARD CATEGORIES
Relative Hazard | Occupancy Classifications
|
1 (Highest Hazard) | H; I-2; I-3; I-4 |
5 (Lowest Hazard) | F-2; S-2; U |
1011.4.1 Means of egress for change to higher hazard category. Where a change of occupancy classification is made to a higher hazard category (lower number) as shown in Table 1011.4, the means of egress shall comply with the requirements of Chapter 10 of the International Building Code.
Exceptions:
1. Stairways shall be enclosed in compliance with the applicable provisions of Section 903.1.
2. Existing stairways including handrails and guards complying with the requirements of Chapter 9 shall be permitted for continued use subject to approval of the code official.
3. Any stairway replacing an existing stairway within a space where the pitch or slope cannot be reduced because of existing construction shall not be required to comply with the maximum riser height and minimum tread depth requirements.
4. Existing corridor walls constructed on both sides of wood lath and plaster in good condition or 1/2-inch-thick (12.7 mm) gypsum wallboard shall be permitted. Such walls shall either terminate at the underside of a ceiling of equivalent construction or extend to the underside of the floor or roof next above.
5. Existing corridor doorways, transoms, and other corridor openings shall comply with the requirements in Sections 805.5.1, 805.5.2, and 805.5.3.
6. Existing dead-end corridors shall comply with the requirements in Section 805.6.
7. An existing operable window with clear opening area no less than 4 square feet (0.38 m2) and minimum opening height and width of 22 inches (559 mm) and 20 inches (508 mm), respectively, provided the operable window has a sill height of not more than 48 inches (1,219 mm) above the floor, shall be accepted as an emergency escape and rescue opening.
TABLE 1011.5
HEIGHTS AND AREAS HAZARD CATEGORIES
Relative Hazard | Occupancy Classifications |
1 (Highest Hazard) | H; I-2; I-3; I-4 |
4 (Lowest Hazard) | B; F-2; S-2; A-5; R-3; R-4, Condition 1; U |
1011.6.2 Exterior wall rating for change of occupancy classification to an equal or lesser hazard category. When a change of occupancy classification is made to an equal or lesser hazard category as shown in Table 1011.6, existing exterior walls, including openings, shall be accepted.
Exception: Where a property line is platted creating a Group R-3, multifamily dwelling (townhouse), the walls separating the dwelling units shall be constructed to provide a continuous fire separation using construction materials consistent with the existing wall or complying with the requirements for a new structure. The fire-resistive elements are not required to be continuous between concealed floor spaces, although there shall be provided a draft-stop, located above and in line with the dwelling unit separation walls.
SECTION 1106 STORM SHELTERS. Not adopted by Lincoln County.
1401.2 Conformance. The building shall be safe for human occupancy as determined by the International Fire Code and the International Property Maintenance Code. Any repair, alteration, or change of occupancy undertaken within the moved structure shall comply with the requirements of this code applicable to the work being performed. Any field-fabricated elements shall comply with the requirements of the International Building Code or the International Residential Code as applicable.
Exceptions:
1. Manufactured homes used as a dwelling and located in a licensed manufactured home park.
2. Structures used as a temporary office or shelter on a construction or development site when approved by the building official.
3. Structures used as a temporary business office for a period as specified in Section [A] 108.1 of the International Building Code when approved by the building official and provided it meets the applicable accessibility requirements of this code.
4. Manufactured homes used as a sales office at a location where such homes are offered for sale, provided it meets the applicable accessibility requirements of this code.
(Ord. 2009-57, passed 9-22-2020)