HomeMy WebLinkAboutBdAppealsMinutes_2015_10_29
Approved Minutes of the Brookings Board of Appeals
Brookings, SD 57006
October 29, 2015
The City of Brookings Board of Appeals was called to order by Chairperson Spencer
Hawley on Thursday, October 29, 2015, at 11:00 AM in conference room #147 located on the
first floor of the City & County Government Center at 520 3rd Street. Members present were
David Bertelson, Mike Clites, George Houtman, Jonathan Meendering, and Hawley. Also
present were Building Services Administrator Greg Miller, City Engineer Jackie Lanning, Fire
Chief Darrell Hartman, and Deputy Fire Chief Pete Bolzer.
Item #2 – Approval of the Agenda.
Item #3 – (Bertelson/Clites) Motion to approve the minutes from the January 16, 2014
meeting. All present voted aye. MOTION CARRIED.
New Business
Item #4a – Election of Chairperson and Vice-Chairperson
Clites made a motion to reelect Spencer Hawley as Chairperson and elect Jonathan Meendering
as Vice Chairperson. All present voted aye. MOTION CARRIED.
Item #4b – Discussion of the adoption of the 2015 Building Code and possible
amendments.
Lanning and Miller provided a handout with suggestions to the Board of possible amendments
to the 2015 Building Code if the Board choses to move forward with adopting this code.
Section 105.2 & R105.2. Work exempt from permit, Subsection “Building”:
Building:
1. One‐story detached accessory structures used as tool and storage sheds, playhouses
and similar uses, provided the floor area does not exceed 120 square feet.
2. Fences not over 6 feet (1829MM) high.
3. Retaining walls that are not over 4 feet (1219mm) in height measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Water tanks supported directly upon grade if the capacity is not greater than 5,000
gallons (18 927 L) and the ratio of height to diameter or width is not greater than 2
to 1.
5. Sidewalks
6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.
8. Swings and other playground equipment.
9. Window awnings supported by an exterior wall which do not project more than 54
inches (1372mm) from the exterior wall and do not require additional support.
Miller stated that the previous section is currently in the code amendments and we need
to keep this if we adopt the 2015 Codes. There was no further discussion on this section.
------------------------------------------------------------------------------------------------------------------------
Section 105.5 and R105.5 Expiration. Every permit issued by the building official under the
provisions of this code shall expire by limitation and become null and void if the building or
work authorized by such permit is not commenced within 180 days from the date of such
permit, or if the building or work authorized by such permit is suspended or abandoned at any
time after the work is commenced for a period of 180 days. Before such work can be
recommenced, a new permit shall be first obtained to do so, and the fee therefore shall be one‐
half of the amount required for a new permit for such work provided no changes have been
made or will be made in the original plans and specifications for such and provided further that
such suspension or abandonment has not exceeded one year. In order to renew action on a
permit after expiration, the permitee shall pay a new full permit fee.
Any permittee holding an unexpired permit may apply for an extension of the time within
which work may commence under that permit when the permittee is unable to commence
work within the time required by this section for good and satisfactory reasons. The building
official may extend the time required by this section for good and satisfactory reasons. The
building official may extend the time for action by the permittee for a period not exceeding 180
days on written request by the permittee showing that circumstances beyond the control of the
permittee have prevented action from being taken. No permit shall be extended more than
once.
Every permit issued by the building official under the provisions of this code shall expire and
become null and void if the building or work is not completed within two years for all
occupancies from the date issued.
Miller stated the code does not have a section pertaining to expiring or expired permits.
The City of Brookings does have an expiration date on permits therefore, this
amendment will need to be made if the 2015 Codes are adopted. No further discussion.
------------------------------------------------------------------------------------------------------------------
Section R106.2 Site Plan or Plot Plan:
The construction documents submitted with the application for permit shall be accompanied by
a site plan showing the size and location of new construction, erosion and sediment controls in
accordance with Chapter 72 of the Code of Ordinances, and existing structures on the site and
distances from lot lines. In the case of demolition, the site plan shall show construction to be
demolished and the location and size of existing structures and construction that are to remain
on the site or plot.
Lanning explained that this amendment was added to the previous code due to recent
changes required by DENR. There were changes adopted in Chapter 72, Storm
Drainage, which made the amendment necessary. There was no further discussion
regarding this amendment.
----------------------------------------------------------------------------------------------------------------------
Section 107.2.5 Site Plan:
The construction documents submitted with the application for permit shall be accompanied by
a site plan showing to scale the size and location of new construction and existing structures on
the site, distances from lot lines, the established street grades and the proposed finished
grades and erosion and sediment controls in accordance with an accurate boundary line survey.
In the case of demolition, the site plan shall show construction to be demolished and the
location and size of existing structures and construction that are to remain on the site or plot.
The building official is authorized to waive or modify the requirement for a site plan when the
application for permit is for alteration or repair or when otherwise warranted.
The City Engineer may require that the construction documents submitted with the application
for permit be accompanied by a final drainage plan for all projects involving one acre or more of
land area. The final drainage plan shall conform to the city approved Storm Drainage Design
and Technical Criteria Manual. All drainage facilities including storm sewers, on‐site detention,
drainageways, detention basins and detention channels shall be designed in compliance with
approved engineering design standards and the Storm Drainage and Technical Criteria Manual
and are subject to approval of the City Engineer.
Exception: A final drainage plan shall not be required to be submitted with an application to
construct a single‐family or two‐family dwelling on a lot containing one acre or more of lot area.
Lanning explained that this amendment was added to the previous code due to recent
changes required by DENR. There were changes adopted in Chapter 72, Storm
Drainage, which made the amendment necessary. There was no further discussion
regarding this amendment.
-----------------------------------------------------------------------------------------------------------------------
Section 109.4 and R108.6. Work commencing before permit issuance, is amended by replacing
with Section 109.4 and R108.6 to read as follows:
109.4 and R108.6. Investigation Fee. An investigation fee, in addition to the permit fee
shall be collected whether or not a permit is then or subsequently issued. The minimum
investigation fee shall be equal to the amount of the permit fee required by this code. The
payment of such fee shall not exempt any person from compliance with all other provisions of
this code nor from any penalty prescribed by law.
Miller explained that this is currently an amendment. No further discussion.
---------------------------------------------------------------------------------------------------------------------
Section 113.1 and R112.1. Board of Appeals, General, is amended by replacing with 113.1 and
R113.1 to include the following:
113.1 and R112.1. General. In order to hear and decide appeals or orders, decisions or
determinations made by the building official relative to the application and interpretation of
this code, and to determine the suitability of alternate materials and methods of construction,
there shall be and is created a board of appeals consisting of members who are qualified by
experience and training to pass on matters pertaining to building construction and who are not
employees of the jurisdiction. The building official shall be an ex‐officio member of and shall
act as secretary to such board, but shall have no vote on any matter before the board. The
board of appeals shall consist of five members. Each member shall be appointed for a term of
five years. The successors shall be appointed upon the expiration of the respective terms to
serve five years. The successors shall be appointed upon the expiration of the respective terms
to serve five years. A vacancy shall be filled by the mayor with the concurrence of the city
council for the unexpired term of any member who resigns, dies or is removed. The board of
appeals shall elect a chairperson and vice‐chairperson from its members. They shall adopt rules
of procedure for conducting the business of the board of appeals, and shall render all decisions
and findings in writing to the appellant with a duplicate copy to the building official.
Lanning explained that this section describes the members of the Board of Appeals and
the terms of the members. No further discussion.
--------------------------------------------------------------------------------------------------------------------
Section R301.2 Climatic and Geographic Design Criteria, is amended as follows:
1. Ground Snow Load 40 psf
contour
Roof slopes with a rise of three inches (76.2 mm) or less to 12 inches (305 mm) shall be
designed for a full or unbalanced snow load of not less than 30 pounds per square foot
(1.44kN/square meter) of horizontal projection. Where a roof system is designed to slope less
than one-quarter inch (6.35 mm) per 12 inches (305 mm), a surcharge load of not less five
pounds per square foot (0.24kN/square meter) in addition to the required live load due to
snow shall be designed for.
Roof slopes with over three inches (76.2 mm) of rise per 12 inches (305 mm) shall be
designed for a full or unbalanced snow load of not less than 25 pounds per square foot
(1.2kN/square meter) of horizontal projection.
Potential unbalanced accumulation of snow at valleys, parapets, roof structures, and offsets
in roofs of uneven configuration shall be considered.
2. Wind Speed 90 mph
3. Seismic Design Category A
4. Weathering Severe
5. Frost Line Depth 42 inches (1,067 mm)
6. Termite Damage Slight to Moderate
7. Winter design temperature ‐11 degrees Fahrenheit
8. Ice barrier enderlayment requirement Yes
9. Air freezing index 3,000
10. Mean annual temperature 46 degrees Fahrenheit
Section 1608.1 General, under Section 1608, Snow Loads:
The building official has determined the minimum roof load to be 40 pounds per square foot
ground snow load.
Miller explained that these amendments clarify the code requirements and do not
change any of the charts shown in the code.
---------------------------------------------------------------------------------------------------------------------
Sections R310 and 1030, Emergency escape and rescue:
Section R310.1 and 1030.1, Emergency escape and rescue required. Basements and every
sleeping room shall have at least one operable emergency escape and rescue opening. Such
opening shall open directly into a public street, public alley, yard or court. Where basements
contain one or more sleeping rooms, emergency egress and rescue openings shall be required
in each sleeping room, but shall not be required in adjoining areas of the basement.
Section R310.2.1, Minimum opening area. All emergency escape and rescue openings shall have
a minimum net clear opening of 4.6 square feet (0.530m2).
Section 1030.2, Minimum size. All emergency escape and rescue openings shall have a
minimum net clear opening of 4.6 square feet (0.530m2).
Section R310.2.2, Window sill height. Emergency escape and rescue openings shall have the
bottom of the clear opening not greater than 48 inches (1118) measured from the floor.
Section 1030.3 Maximum height from floor. Emergency escape and rescue openings shall have
the bottom of the clear opening not greater than 48 inches (1118) measured from the floor.
R310.2.3.1 and 1030.5.2 Ladder and steps. Window wells with a vertical depth greater than 48
inches (1118mm) shall be equipped with a permanently affixed ladder or steps usable with the
window in the fully open position.
Section R 310.2.4, Emergency escape windows under decks and porches – delete in its entirety.
Miller and Bolzer explained that the minimum net clear opening in the code is 5.7
square feet; however 4.6 square feet is sufficient and they recommend this amendment.
In addition they feel the window sill height should be 48 inches rather than the 44 inches
from the floor which would be required in the 2015 codes. Miller and Bolzer also stated
that they highly recommend that we do not allow egress windows under decks or
porches and they suggest deleting this section in its entirety. After discussion with the
Board, it was recommend that they add the exception of a second story deck of a height
of 6’8”. Escape windows under second story decks should be allowed.
--------------------------------------------------------------------------------------------------------------------
Section R313, Automatic Fire Sprinkler Systems – delete in its entirety
No discussion.
--------------------------------------------------------------------------------------------------------------------
Section R314.3 Location under Section R314, Smoke Alarms, shall be amended to include the
following:
1. A smoke detector installed in a stairwell shall be so located as to ensure that smoke rising in
the stairwell cannot be prevented from reaching the detector by an intervening door or
obstruction.
2. A smoke detector installed to detect a fire in the basement shall be located in close
proximity to the stairway leading to the floor above.
3. The smoke detector installed on a story without a separate sleeping area shall be located in
close proximity to the stairway leading to the floor above.
4. Smoke detectors shall be mounted on the ceiling at least four inches (102 mm) from a wall
or on a wall with the top of the detector not less than four inches (102 mm) nor more than 12
inches (305 mm) below the ceiling.
Miller explained that the recommended amendments are to clarify the smoke detector
locations to be more specific and Bolzer supported the amendment.
-------------------------------------------------------------------------------------------------------------------
Section 903.2. Group R, Automatic Sprinkler Systems, is amended to read as follows:
Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section
903.3 must be provided throughout all buildings with a Group R fire area.
Exceptions:
1. All R‐3 occupancies.
2. All R‐2 buildings with five (5) or fewer dwelling units or congregate living facilities with
16 or fewer occupants.
Miller explained that this amendment was adopted in 2014 and staff recommends
keeping the amendment to the 2015 code. No further discussion on this item.
-------------------------------------------------------------------------------------------------------------------
Chapter 11 of the 2015 IRC, Energy Efficiency is amended by replacing with Chapter 11 of the
2009 IRC with the following amendments:
Table N1102.1: Insulation and Fenestration Requirements by Component.
Under column “Wood Frame Wall R‐Value, change R‐Value 20 to be R‐Value 19.
Delete footnote @‐R‐values are minimums. U‐factors and solar heat gain coefficient (SHGC) are
maximums. R‐19 batts compressed in nominal 2X6 framing cavity such that the R value is
reduced by R‐1 or more shall be marked with the compressed batt R‐value in addition to the full
thickness R‐value.
Miller stated that amending the code to the keep the 2009 Energy Efficiency
requirement should be considered to help with cost savings in new construction. After
lengthy discussion by the Board, it was recommended that they delete Chapter 11 in its
entirety and replace with the 2009 Code. The Board agreed there should be no
amendments to the 2009 Energy Efficiency requirements.
---------------------------------------------------------------------------------------------------------------------
Discussion of new requirement in the 2015 IRC
R302.13 Fire Protection of Floors
Bolzer explained that the 2015 code states that ½” gypsum board will be required on
lightweight construction on floors. Bolzer would like to see that the City require
sheetrock in those situations. The sheetrock would allow for a sufficient amount of time
for firefighters to enter a structure in a recovery situation and the floor would also
remain stable for a longer amount of time. Miller explained that he talked to Sioux
Falls regarding this code and they are still unsure what they are going to adopt for an
amendment. Hawley questioned what the State is going to do with this section of the
code. Miller and Bolzer both stated that the State is unsure at this time and they both
thought that the issue may be brought up in the next Legistlative Session. Hawley
suggested that in order to move forward with the adoption of the 2015 codes, they
should refrain from making any amendments to the 2015 IRC codes, Section R302.13. A
future meeting could be scheduled to discuss the amendments to this Section after the
State has reviewed it.
------------------------------------------------------------------------------------------------------------------
(Houtman/Bertelson) Motion to move forward with the adoption of the 2015 codes,
with the above amendments and suggestions. All present voted aye. Motion Passed.
The meeting was adjourned.
Submitted by:
Jackie Lanning, City Engineer