A. International Building, Residential, Existing Building, Energy Conservation, And Property Maintenance Codes:
That Section [A]105.2 of the International Building Code, 2015 Edition, Section R105.2 of the International Residential Code, 2012 Edition, and Section 105.2 of the International Existing Building Code, 2015 Edition, are hereby amended as follows:
105.2 [R105.2] [105.2] Work exempt from permit
15. [12.] [8.] Freestanding solar collectors not greater than 200 square feet and no higher than 10 feet above grade.
16. [13.] [9.] Commercially available membrane structures erected according to the manufacturer's instructions intended to provide weather protection for automobiles and recreational vehicles.
That Section 105.3 of the International Building Code, 2015 edition, and Section R105.3 of the International Residential Code, 2012 edition, are hereby amended as follows:
105.3 [R105.3] Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the department of building for that purpose. Such application shall:
6. Be signed by the applicant/owner. When allowed by office policy, the applicant's authorized agent or contractor may sign the application with permission of the property owner.
8. For structures that have electrical, the electrical permit number. For structures that have plumbing, the plumbing permit number, when available. If not available at the time of application, these numbers shall be provided to the City as soon as they are acquired.
That Section 105.5 of the International Building Code, 2015 edition, and Section R105.5 of the International Residential Code, 2012 edition, are hereby amended as follows:
105.5 [R105.5] Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official is authorized to grant, in writing, not more than four extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Each subsequent extension after the first shall not be issued until the fee as shown in Appendix A on file in the City of Troy has been paid.
Renewal. When a permit has expired or is going to expire, a renewal permit must be obtained. No work can be recommenced on an expired project until the time a renewal permit has been issued. The fees for such renewal permits are specified in Appendix A on file in the City of Troy. All subsequent work, which was not previously approved, shall adhere to the most current adopted code.
That Section 109 of the International Building Code, 2015 edition, and Section R108 of the International Residential Code, 2012 edition, are hereby amended as follows:
109.3 [R108.3] Building permit valuations. Valuations are set in Appendix A on file in the City of Troy. When valuation data for certain projects is not available in Appendix A, the Building Official shall determine a valuation in accordance with the policy established in Appendix A. The corresponding fee shall be paid.
109.6.1 [R108.5.1] Plan Review Fees. When submittal documents are required by Section 107 [R106], a plan review fee shall be paid. Said plan review fee shall be as shown in Appendix A, on file in the City of Troy. A non-refundable fee deposit, in an amount set forth in Appendix A, for commencement of the plan review shall be paid for projects exceeding $30,000 in valuation.
The plan review fees specified in this section are separate fees from the permit fees specified in Section 109 [R108] and are in addition to the permit fees. Any balance after deducting the plan review fee from the deposit shall be credited to the amount due for the permit fee, or any amount owing after the deduction of the deposit from the full plan review fee shall be added to the amount due for the permit fee. Regardless of circumstance, plan review fees shall not be reduced or waived.
109.4 [R108.6] Work commencing before permit issuance. Any person who commences work requiring a permit on a building, structure, gas or mechanical system before obtaining the necessary permits, where any enforcement action has begun, shall be subject to a fee, as set forth in Appendix A on file in the City of Troy, that shall be in addition to the required permit fees.
109.6 [R108.5] Refunds. Prior to plan review and permit issuance, eighty percent [80%] of any fees paid shall be refunded if the application is withdrawn prior to commencement of the project. Plan review fees are not refundable after the plan review has been performed, however, eighty percent [80%] of any permit fees paid shall be refunded if the application is withdrawn prior to commencement of the project. No refunds shall be made after commencement of any work on the project.
That Section 113 of the International Building Code, 2015 edition, and Section R112 of the International Residential Code, 2012 edition, and section 112 of the International Existing Building Code, 2015 edition, and section C109 of the International Energy Conservation Code, 2015 edition, are hereby amended as follows; and that all of the subsections of Section 111 - Means of Appeal in the International Property Maintenance Code, 2012 edition are hereby deleted and replaced as follows:
113.1 [R112.1] [112.1] [111.1] [C109.1] 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. The Building Official shall be an ex-officio member of said board but shall have no vote on any matter before the board. This board shall have three members, not including the Building Official. The Board of Appeals shall be appointed by the City Council of the City of Troy and shall hold office at its pleasure. A member of the Board of Appeals shall act as Secretary and shall take minutes of the proceedings. The Board of Appeals shall conform to the City of Troy Hearing Procedures Ordinance, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.
113.2 [R112.2] [112.2] [111.2] [C109.2] 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.
Any affected person may file an appeal from any notice or action of the Building Official. A fee, as specified in Appendix A on file in the City of Troy, and written appeal describing the specific issues being appealed must be submitted to the City of Troy Clerk, within fifteen (15) days of the date of the notice or action of the Building Official. After receiving the written appeal, the Board of Appeals shall be appointed within thirty (30) days and shall fix a date, time and place for hearing the appeal. The Board of Appeals shall hear the appeal within forty-five (45) days after the appointment by the City Council of the City of Troy. Written notice of the time and place of the hearing shall be given at least fifteen (15) days prior to the date of the hearing to each appellant and to the Building Official. The Board of Appeals must render a decision within thirty (30) days of the hearing of such appeal. Every decision of the Board of Appeals must be based upon findings of fact and every finding must be supported in the record of the proceedings of the Board of Appeals.
The Board of Appeals shall have no authority to waive any requirement of this code.
111.3 [C109.3] Qualifications. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and property maintenance and are not employees of the jurisdiction.
R112.2.1 Determination of substantial improvement in areas prone to flooding. DELETED
R112.2.2 Criteria for issuance of a variance for areas prone to flooding. DELETED
That Section 112.4 Failure to comply, of the International Property Maintenance Code, 2012 Edition, shall be amended as follows:
112.4 Failure to comply. 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 liable to a fine of not less than $300 for each day the work continues.
B. International Residential Code:
That Section R202 Definitions, of the International Residential Code, 2012 edition, shall be amended as follows:
Structure. That which is built or constructed, including roll-off containers, shipping containers or similar items.
That Table R301.2(1), Climatic and Geographic Design Criteria, of the International Residential Code, 2012 edition, shall be completed as follows:
Ground Snow Load: 86 PSF
Roof Snow Load: 60 PSF
Wind Speed: 90 mph IRC; IBC 115 mph or design using 1609 IBC or Chapter 26-30 ASCE 7
Seismic Design Category: B
Subject to Damage from weathering: Severe
Subject to damage from frost line depth: Frost Depth 30 inches
Subject to damage from termite: Slight to moderate
Subject to damage from decay: None to slight
Winter Design Temp: 10 Degrees F.
Ice Shield Underlayment Required: Yes
Flood Hazards: Date of entry into the National Flood Insurance Program, 12-1979
Date of current Flood Insurance Rate Map Index: 12/18/1979, Panel #1600910001B
Air Freezing Index: 1500 or less
Mean Annual Temperature: 47.3 Degrees F.
That Section R302 of the International Residential Code, 2012 edition, shall be amended as follows:
R302.6 Separation required. The garage shall be separated from the residence and its attic area by not less than 5/8-inch (15.9 mm) Type X gypsum board or equivalent applied to the garage side. Where the separation is a floor-ceiling assembly, the structure supporting the separation shall also be protected by not less than 5/8-inch (15.9 mm) Type X gypsum board or equivalent. Garages located less than 3 feet (914mm) from a dwelling unit shall be protected with not less than 5/8-inch (15.9 mm) Type X gypsum board applied to the interior side of exterior walls and ceilings. Openings in these walls shall be regulated by Section R302.5.1.
R302.7 Under-stair protection. Enclosed accessible space under stairs shall have walls, under-stair surface and any soffits protected on the enclosed side with 5/8-inch Type X gypsum board
That Section R303.3 of the International Residential Code, 2012 edition, shall be amended as follows:
R303.3 Bathrooms and Kitchens. Bathrooms and kitchens shall be provided with mechanical exhaust and shall be designed to exhaust the minimum air flow rate as set forth in Table M1507.4
That Section R304 of the International Residential Code, 2012 Edition, shall be amended as follows:
R304.5 Minimum area of a dwelling unit. A dwelling unit shall have a living room area of not less than 220 square feet of floor area. An additional 100 square feet shall be provided for each occupant of such unit in excess of two. The units shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower with a minimum floor area of 35 square feet. Regardless of square footage, all dwelling units less than 400 square feet shall be placed on a permanent foundation and meet the requirements of the relevant code standards to be considered permanent. If small dwellings are not considered permanent, they are considered temporary and are subject to subsection 2-1-4D of the Troy City Code.
That Section R403 of the International Residential Code, 2012 edition, shall be amended as follows:
R403.1.1 Minimum size. Minimum sizes for concrete and masonry footings shall be as set forth in Table R403.1 and Figure R403.1(1). The footing width, W, for light frame construction shall be 16" for 1- and 2-story with soil bearing value of 1500 psf, and 23" for 3-story with soil bearing value of 1500 psf. Spread footings shall be a minimum of 8 inches (200 mm) in thickness, or thicker where required by design loads. Footing projections, P, shall be at least 2 inches (51 mm), and shall not exceed the thickness of the footing. The size of footings supporting piers and columns shall be based on the tributary load and allowable soil pressure in accordance with Table R401.4.1. Footings for wood foundations shall be in accordance with the details set forth in Section R403.2, and Figures R403.1(2) and 403.1(3).
All footings shall have a minimum of two (2) No. 4 (1/2 inch) or larger reinforcement rods laid continuously in the footing. Lap splices shall be a minimum of 40 bar diameters.
That Section R404.1.1 of the International Residential Code, 2012 edition, shall be amended as follows:
R404.1.1 Masonry foundation walls. Minimum width shall be 8 inches. Masonry basement walls shall be grouted solid below grade and at rebar above grade. Masonry foundation walls shall be constructed as follows: Walls up to 48 inches in height from the top of the footing, shall have a horizontal bond beam of #4 rebar placed at the top course of block. A vertical #4 rebar shall be required at each corner and a maximum of 4 foot intervals. Walls over 48 inches in height shall have one (1) horizontal #4 rebar placed at a maximum of 4 foot intervals and one (1) horizontal #4 rebar placed at top course. A vertical #4 rebar shall be required at each corner and a maximum of 32 inch intervals. A horizontal #4 rebar shall also be required at any course securing anchor bolts which fasten rim joists or beams to wall. Masonry over openings shall be supported in accordance with the details set forth in Section R606.10. Foundation walls in excess of 10 feet in height or retaining walls in excess of 8 feet of unbalanced backfill shall be engineered.
That Section R404.1.2 of the International Residential Code, 2012 Edition, shall be amended as follows:
R404.1.2 Concrete foundation walls. Concrete foundation walls shall be constructed as follows: For walls less than 48 inches in height from the top of the footing, horizontal rebar, #4, shall be spaced at intervals of a maximum of 18 inches and vertical rebar, #4, shall be spaced at intervals of a maximum of 48 inches. For walls more than 48 inches in height from the top of the footing, horizontal and vertical rebar, #4, shall be spaced at intervals of a maximum of 18 inches. The horizontal rebar shall be placed not greater than 9 inches from the top of the wall. Openings up to 6 feet in concrete walls shall have a lintel above with two #5 rebar or equivalent on the top and bottom, extending 2 feet past the opening on either side and within 1.5 to 3 inches of the opening. Openings greater than 6 feet shall be engineered. The minimum thickness shall be 8 inches for walls which support 2 or 3 stories above grade and all basement walls. Foundation walls in excess of 10 feet in height or retaining walls in excess of 8 feet of unbalanced backfill shall be engineered.
That Section R405.1 of the International Residential Code, 2012 edition, shall be amended as follows:
R405.1 Concrete or masonry foundations. Drains shall be provided around all concrete or masonry foundations that retain earth and enclose habitable or accessible spaces located below grade.
That Section G2402 (201) of the International Residential Code, 2012 Edition, is hereby amended as follows:
G2402 (201.4) Alternate allowable installation. Property owners shall be allowed to install gas piping provided the gas piping design and sizing is provided by a licensed plumbing or electrical contractor or a licensed plumbing or mechanical journeyman prior to permit issuance.
That Section G2427.4.1 of the International Residential Code, 2012 Edition, shall be amended as follows:
G2427.4.1.1(1). All plastic pipe located within a structure used for venting flue gases shall be tested at five (5) psi for fifteen (15) minutes duration.
C. International Mechanical And Fuel Gas Codes:
That Section 106.5.2 of the International Mechanical Code, 2012 Edition, and 106.6.2 of the International Fuel Gas Code, 2012 edition, are hereby amended as follows:
106.5.2 [106.6.2 IFGC] Permit Fees. The fees for each permit shall be as set forth in Appendix A on file in the City of Troy. Mechanical fees for new residences shall be considered to be included in the building permit fee for the new residence, and no separate mechanical permit shall be issued. All other mechanical installations shall require a separate permit with attendant fees to be issued.
106.5.3 [106.6.3 IFGC] Fee refunds.
2. Not more than eighty percent [80%] of the permit fee paid shall be refunded when no work has been done under a permit issued in accordance with this code.
3. Not more than eighty percent [80%] of the plan review fee paid shall be refunded when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended.
That Section 108 of the International Mechanical Code, 2012 edition, and the International Fuel Gas Code, 2012 edition, are hereby amended as follows:
108.4 Violation penalties. Any person who willfully violates any provision of this chapter or who willfully violates any provisions of the codes enumerated in this chapter or rules promulgated by the administrator or the board pursuant to this chapter or erect, install, alter or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provision of this code, is guilty of a misdemeanor, and upon conviction, shall be fined not more than three hundred dollars ($300), or imprisoned for not more than ninety (90) days or by both fine and imprisonment. Violations of this chapter shall be tried in any court of competent jurisdiction within the state of Idaho. A separate violation is deemed to have occurred with respect to each item not in compliance with this chapter. Each day such violation continues constitutes a separate offense.
That section 109 of the International Mechanical Code, 2012 edition and the International Fuel Gas Code, 2012 edition, are hereby amended as follows:
109.1 Application for appeal. 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.
Any affected person may file an appeal from any notice or action of the Building Official. A fee as specified in Appendix A on file in the City of Troy and written appeal describing the specific issues being appealed must be submitted to the City of Troy Clerk within fifteen (15) days of the date of the notice or action of the Building Official. After receiving the written appeal, the Board of Appeals shall be appointed within thirty (30) days and shall fix a date, time and place for hearing the appeal. The Board of Appeals shall hear the appeal within forty-five (45) days after the appointment by the City Council of the City of Troy. Written notice of the time and place of the hearing shall be given at least fifteen (15) days prior to the date of the hearing to each appellant and to the Building Official. The Board of Appeals must render a decision within thirty (30) days of the hearing of such appeal. Every decision of the Board of Appeals must be based upon findings of fact and every finding must be supported in the record of the proceedings of the Board of Appeals.
The Board of Appeals shall have no authority to waive requirement of this code.
109.2 Membership of board. DELETED
109.2.1 Qualifications. 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. The Building Official shall be an ex-officio member of said board but shall have no vote on any matter before the board. This board shall have three members, not including the Building Official. The Board of Appeals shall be appointed by the City Council of the City of Troy and shall hold office at its pleasure. A member of the Board of Appeals shall act as Secretary and shall take minutes of the proceedings. The Board of Appeals shall conform to the City of Troy Hearing Procedures Ordinance, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. The board of appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.
109.2.2 Alternate members. DELETED
109.2.3 Chairman. DELETED
109.2.5 Secretary. DELETED
109.3 Notice of meeting. DELETED
109.4.1 Procedure. DELETED
109.5 Postponed hearing. DELETED
109.6 Board decision. DELETED
109.6.1 Resolution. DELETED
(Ord. 2019-01, 11-14-2018)