HomeMy WebLinkAboutOrdinance 06-1989 i • ' i' ,
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. ORDINANCE NO. 6-89
AN ORDINANCE OF THE CITY OF BROOKINGS, SOUTH DAKOTA, AMENDING
ARTICLE II OF CHAPTER 10, OF THE CODE OF ORDINANCES OF THE CITY OF
BROOKINGS, SOUTH DAKOTA, TO PROVIDE FOR THE ADOPTION OF THE 1988
EDITION OF THE UNIFORM BUILDING CODE, AND AMENDMENTS THERETO.
I . That Section 10-17 of the Brookings Ordinances shall be amended
to read as follows:
There is hereby adopted by the city for the purpose of
establishing rules and regulations for the construction, altera-
tion, removal, demolition, equipment, use and occupancy, location
and maintenance of buildings and structures, including permits
and penalties, that certain building code known as the "Uniform
Building Code, 1988 Edition, together with Appendix Chapter 12,
Division II only, Chapters 32, 49, and 70 of the Appendix; and
the Uniform Huilding Code Standards, 1988 Edition" , published by
the International Conference of Building Officials and amendments
thereto, as provided in this ordinance are hereby adopted by the
City of Hrookings. A printed copy of such code and additions and
amendments thereto shall be filed with the City Finance Officer
as an original ordinance.
That Section 10-19, DEFINITIONS, of the Brookings Ordinances shall be
amended by striking sub section (c) .
That Section 10-21, FEES, of the Brookings Ordinances shall be amended
to read as follows:
(a) No permit required by the building code shall be issued
until the fee prescribed in this section shall have been
paid. Nor shall an amendment to a permit be approved until
the additional fee, if any, due to an increase in the
estimated cost of the building or structure, shall have been
paid.
(b) For a permit for the construction or alteration of a build-
ing or structure the fee shall be the sum of $10.00 where
the estimated cost is less than $500. 00; $15.00 where it is
$500.00 and less than $1, 000.00; for each additional
$1, 000.00 or fraction thereof up to $15, 000.00, the rate
shall be $3.00 per $1, 000.00 of the estimated cost; for each
additional $1, 000 .00 or fraction thereof up to $50, 000.00
the rate shall be $1 . 50 per $1, 000.00 of the estimated cost;
and for each additional $1, 000.00 or fraction thereof
exceeding $50, 000.00 the rate shall be seventy-five cents
($0.75) per $1, 000.00
(c) For a permit for the demolition of a building or structure
the fee shall be $10.00.
(d) For the demolition or removal of a building that is fur-
nished with water and/or sewer, a permit may be granted
provided, however, that in such case a deposit guaranteeing
the abandonment of the water services and guaranteeing the
abandonment of the sewer services, shall be deposited at
application for such permit, said deposit to be in an amount
to be determined by policy of the utility board.
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. Such deposits will be refunded upon completion of the
work or the city will arrange for such work at actual cost,
plus ten ( 10) percent to be paid for from such deposit.
Work to be completed within thirty (30) days after the
issuance of permit.
If water and sewer services are to be reused or new
services required for a new structure in the immediate
future at the same location, deposits may be waived by the
building official .
Section 10-22 ADDITIONAL AMENDMENTS.
That Section 10-22 of the Brookings Ordinances shall provide that
Section 204, BOARD OF APPEALS, of the Uniform Building Code, 1988
Edition, be amended to read as follows:
Sec. 204. (a) CREATION, MEMBERSHIP, OFFICERS.
1 . A Board of Appeals is hereby established; the members of
which shall be appointed by the Mayor with concurrence by
the City Commissioners and shall be qualified by experience
and training to pass upon matters pertaining to building
construction and who are not employees of the jurisdiction.
2 . The Board of Appeals shall consist of five (5) members.
Each member shall be appointed for a term of five (5) years.
Their successors shall be appointed upon the expiration of
their respective terms to serve five (5) years. A vacancy
shall be filled by the Mayor with concurrence of the City
Commission for the unexpired term of any member who resigns,
dies or is removed.
3. The Board of Appeals shall elect a chairperson and vice-
chairperson from its members. The Building Official shall
be an ex-officio member and shall act as secretary to said
board.
Sec. 204 . (b) POWERS OF THE BOARD
General : To hear and decide appeals of orders, decisions, or
determinations made by the building official relative to the
application and interpretations of this code, to determine the
suitability of alternate materials and methods of construction
and to review all proposed changes in the respective codes.
The Board shall adopt rules of procedure for conducting its
business and shall render all decisions and findings in writing
to the appellant with a copy to the building official .
That Section 10-22 of the Brookings Ordinances shall provide that
Section 301(b) 11, EXEMPTED WORK, of the Uniform Building Code, 1988
Edition, be amended to read as follows:
11 . Prefabricated wading pools accessory to a Group R,
Division 3 Occupancy and having a capacity not exceeding 500
gallons.
That Section 10-22 of the Brookings Ordinances shall provide that ,
Section 303(a) , ISSUANCE, of the Uniform Building Code, 1988 Edition,
be amended by deleting the second paragraph of Section 303(a) .
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. That Section 10-22 of the Brookings Ordinances shall provide that
Section 305(e) , Required Inspections of the Uniform Building Code,
1988 Edition, be amended to read as follows:
Section 305(e) Required Inspections: Reinforcing steel or
structural framework of any part of any building or structure
shall not be covered or concealed without first obtaining the
approval of the building official .
The building official , upon notification from the permit
holder or his/her agent, shall make the following inspection and
shall either approve that portion of the construction as complet-
ed, or shall notify the permit holder or his/her agent wherein
the same fails to comply with this code:
1 . FOOTING INSPECTION: To be made after excavations for
footings are complete and required forms and reinforcing
steel is in place. Where the footing is to be constructed
of approved treated wood, additional inspections may be
required by the building official .
2 . FOUNDATION LOCATION INSPECTION: Inspection to be made
after footing inspection, may be made along with footing
inspection provided batter boards, string lines or other
such form lines of foundation are in place. All property
corners shall be exposed and visible when this inspection is
made. All construction material including dirt shall be
clear of property lines.
3 . FRAME INSPECTION: To be made after the roof, all
framing, fire blocking and bracing are in place and all
pipes, chimneys and vents are complete and the rough elec-
trical, plumbing and heating wires, pipes and ducts are
approved.
4 . FINAL INSPECTION: To be made after the building is
completed and ready for occupancy.
That Section 10-22 of the Brookings Ordinances shall provide that
Table No. 3-A, BUILDING PERMIT FEES, of the Uniform Building Code,
1988 Edition, be deleted and Section 10-21 of Article II, Chapter 10
of the Brookings Code of Ordinances be substituted so that all refer-
ence to Table 3-A shall be considered reference to Sec. 10-Z1 of
Article II , Chapter 10.
That Section 10-22 of the Brookings Ordinances shall provide that
Section 801, GROUP E. OCCUPANCIES DEFINED DIVISION 3 of the Uniform
Building Code, 1988 Edition, be amended to read as follows:
Division 3. Any building used for day care purposes for more
than 12 children.
That Section 10-22 of the Brookings Ordinances shall provide that
Section 1204, EXITS AND EMERGENCY ESCAPES, of the Uniform Building
Code, 1988 Edition, be amended to read as follows:
Section 1204. Stairs, exits and smokeproof enclosures shall
be as specified in Chapter 33.
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, Basements in all new dwelling units and every sleeping room
below the fourth story shall have at least one operable window or
door approved for emergency escape or rescue which shall open
directly into a public street, public alley, yard or exit court.
The units shall be operable from the inside to provide a full
clear opening without use of separate tools.
The minimum net clear openable dimension shall be 24" x 20"
inches. When windows are provided as a means of escape or rescue
they shall have a finished sill height not more than 48 inches
above the floor.
When an emergency escape or rescue window is installed below
finish grade, a window well shall be provided as follows:
1 . Such window well shall have a minimum inside breadth of four
(4) feet measured parallel with the window.
2 . It shall have a minimum inside width of three (3) feet
measured perpendicular from the wall .
3 . It shall have a maximum depth of four (4) feet.
4. It may be covered with a transparent cover removable,
without tools, from inside or outside.
Bars, grilles, grates or similar devices may be installed on
an emergency escape or rescue windows or doors, provided:
1 . Such devices are equipped with approved release
mechanisms which are openable from the inside without the
use of a key or special or special knowledge or effort.
That Section 10-22 of the Brookings Ordinances shall provide that
Section 1205(b) , LIGHT, of the Uniform Building Code, 1988 Edition, be
amended to read as follows:
Section 1205(b) Light. All guest rooms, dormitories and habit-
able rooms within a dwelling unit shall be provided with natural
light by means of exterior glazed openings with an area not less
than five percent (5�) of the floor area of such rooms.
That Section 10-22 of the Brookings Ordinances shall provide that
Section 1205(c) , VENTILATION, of the Uniform Building Code, 1988
Edition, be amended to read as follows:
Section 1205(c) Ventilation. All guest rooms, dormitories and
habitable rooms within a dwelling unit shall be provided with
natural ventilation by means of openable exterior openings with
an area of not less than 5$ of the floor area of such rooms.
In lieu of required exterior openings for natural ventilation, a
mechanical ventilating system may be provided. Such system shall
be capable of providing two air changes per hour in all guest
rooms, dormitories, habitable rooms and in public corridors. One
fifth of the air supply shall be taken from the outside.
All bathrooms, water closet compartments, laundry rooms and
similar rooms shall be provided with natural ventilation by means
of openable exterior openings with an area not less than one
twentieth of the floor area of such rooms with a minimum of 1 1/2
square feet.
In lieu of required exterior openings for natural ventilation in
bathrooms containing a bathtub or shower or combination thereof,
laundry rooms, and similar rooms, a mechanical ventilation system
connected directly to the outside capable of providing five air
changes per hour shall be provided. The point of discharge of
exhaust air shall be at least 5 feet from any mechanical venti-
lating intake.
That Section 10-22 of the Brookings Ordinances shall provide that
Section 1717, ENCLOSURE OF SWIMMING POOLS, of the Uniform Building
Code, 1988 Edition, be added to read as follows:
Every outdoor swimming pool or family pool shall be completely
surrounded by a fence or wall not less than 42 inches in height,
which shall be so constructed as to not have openings, holes, or
gaps larger than four inches in width except for doors and gates.
A dwelling or accessory building may be used as part of such
' enclosure. Above ground portable swimming pools will comply
herewith if protected by a fence, wall, enclosure or solid wall
of durable material of which the pool may be constructed or any
combination thereof a minimum of 42 inches above ground level .
All gates or door openings through such enclosures shall be
equipped with self-closing and self-latching devices for keeping
the gate or door securely closed at all times when not in actual
use, except that the door of any dwelling which forms a part of
the enclosure need not be so equipped.
This requirement shall be applicable to all new swimming pools or
family pools hereafter constructed, other than indoor pools, and
shall apply to all existing pools which have a depth of 18 inches
of water. No person in possession of land within the City,
either as owner, purchaser, lessee, tenant, or a license, upon
which is situated a swimming pool or family pool having a depth
of 18 inches shall fail to provide and maintain such fence or
wall as herein provided.
Modifications in individual cases, upon a showing of good cause
with respect to height, nature, or location of the fence, wall,
gates, or latches, or the necessity thereof, may be made by the
Building Official , provided the protection as sought hereunder is
not reduced thereby. The Building Official may grant permission
for other protective devices or structures to be used as long as
the degree of protection afforded by this substitute device or
structure is not less than the protection afforded by the wall,
fence, gate, and latch described herein. A reasonable period
within which to comply with the requirements of this section for
existing swimming pools shall be allowed which period shall not
exceed 90 days after notification issued by the Building Offi-
cial .
That Section 10-22 of the Brookings Ordinances shall provide that �
Section 2301, GENERAL DESIGN REQUIREMENTS, of the Uniform Building
Code, 1988 Edition, be amended to read as follows:
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• Scope. This chapter prescribes general design requirements
applicable to all structures regulated by this code. It shall
, not be the res onsibilit of the buildin official to determine
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that a structure meets the requirements of this chapter or any
other engineering requirements of this code.
That Section 1Q-22 of the Brookings Ordinances shall provide that
Section 2305(d) , SNOW LOADS, of the Uniform Building Code, 1988
Edition, be amended to read as follows:
Roof slopes with a rise of three inches or less to the foot shall
be designed for a possible full or unbalanced snow load of 30
pounds per square foot of horizontal projection. Roof slopes
with over three inches of rise per foot must be designed for a
possible full or unbalanced snow load of 20 pounds per square
foot of horizontal projection. Roofs shall also be designed for
wind loads based on a basic wind speed of 85 miles per hour.
Potential accumulation of snow at valleys, parapets, roof struc-
tures, and offsets in roofs of uneven configuration shall be
considered.
That Section 10-22 of the Brookings Ordinances shall provide that
Section 2311 (b) , BASIC WIND SPEED, of the Uniform Building Code, 1988
Edition, be amended to read as follows:
The minimum basic wind speed for determining design wind pressure
shall be 85 miles per hour.
That Section 10-22 of the Brookings Ordinances shall provide that
Section 2907(a) , GENERAL, of the Uniform Building Code, 1988 Edition,
be amended to read as follows:
Footings and foundations, unless otherwise specifically provided,
shall be constructed of masonry, concrete or treated wood in
conformance with U.B.C. Standard No. 29-3 and in all cases shall
extend 42 inches below the adjacent finished grade line except
for buildings and structures conforming to requirements under
Exception 1 of Section 2907(b) as amended. Footings of concrete
and masonry shall be of solid material . Foundations supporting
wood shall extend at least 6 inches above the adjacent finish
grade.
That Section 10-22 of the Brookings Ordinances shall provide that
Section 2516(f) 4.B (ii ) , TWO OR MORE DWELLING UNITS AND HOTELS of the
Uniform Building Code, 1988 Edition shall be amended to read as
follows:
Draft stops shall be installed in the attics, mansards, over-
hangs, false fronts set out from walls and similar concealed
spaces of buildings containing more than one dwelling unit and in
hotels so that the area between draft stops does not exceed 3, 000
square feet and the greatest horizontal dimension does not exceed
60 feet .
That Section 10-22 of the Brookings Ordinances shall provide that
Section 2907(b) , BEARING WALLS of the Uniform Building Code, 1988
Edition, be amended to read as follows:
• Bearing walls shall be supported on masonry or concrete founda-
tion or piles of other approved foundation system which shall be
of sufficient size to support all loads.
EXCEPTIONS:
1 . A one-story wood or metal framed building not used for human
occupancy and not over 1, 500 square feet in floor area may
have foundations not extending below the frost line. It may
be constructed with walls supported on a concrete slab with
edges below finish grade when approved by the Building
Official .
2 . The support of buildings by posts imbedded in earth shall be
designed as specified in Section 2907(g) . Wood posts or
poles embedded in earth shall be pressure treated with an
approved preservative. Steel posts or poles shall be
protected as specified in Section 2908(h) .
3. A grade beam located directly below a bearing or nonbearing
wall will be necessary for any building not conforming to
Exception 1 above. A grade beam must extend 42 inches below
the finished grade line.
That Section 10-22 of the Brookings Ordinances shall provide that
Section 3802(b)5. AUTOMATIC FIRE EXTINGUISHING SYSTEM of the Uniform
Building Code, 1988 Edition, be amended to read as follows:
5. Buildings having floors used for human occupancy located more
than 55 feet above the lowest level of Fire Department access.
That Section 10-22 of the Brookings Ordinances shall provide that
Section 7007, GRADING FEES and TABLE NO. 70-A and 70-B and Section
7008 shall be deleted.
II . All sections and ordinances in conflict herewith are hereby
repealed.
FIRST READING . May 16, 1989
SECOND READING AND ADOPTION: May 23, 1989
PUBLISHED . June 2, 1989
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