Document Douglas_doc_d7190d4346

PRELIMINARY DRAFT BUILDING CODE ORDINANCE CITY OF DOUGLAS ORDINANCE NO. TBD NOVEMBER 8, 2013 AN ORDINANCE TO ADOPT AND AMEND THE 2012 EDITIONS OF THE INTERNATIONAL BUILDING CODE, THE INTERNATIONAL FUEL GAS CODE, THE INTERNATIONAL MECHANICAL CODE, THE INTERNATIONAL PLUMBING CODE, THE INTERNATIONAL FIRE CODE, THE INTERNATIONAL RESIDENTIAL CODE, THE INTERNATIONAL EXISTING BUILDING CODE, AND THE 2011 EDITION OF THE NATIONAL ELECTRICAL CODE Title 15 BUILDING AND CONSTRUCTION Chapters: Chapter 15.04 - ADMINISTRATIVE PROCEDURES Chapter 15.08 - INTERNATIONAL BUILDING CODE Chapter 15.09 - UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS Chapter 15.10 - INTERNATIONAL EXISTING BUILDING CODE Chapter 15.11 - INTERNATIONAL RESIDENTIAL CODE Chapter 15.12 - INTERNATIONAL MECHANICAL CODE Chapter 15.16 - ELECTRICAL CODE Chapter 15.20 - PLUMBING CODE Chapter 15.24 - INTERNATIONAL FUEL GAS CODE Chapter 15.25 – INTERNATIONAL FIRE CODE ---PAGE BREAK--- Chapter 15.26 – BUILDING CONTRACTOR LICENSES Chapter 15.28 - OFF-STREET PARKING AND LOADING FACILITIES (No amendments proposed to this Chapter) Chapter 15.30 - PUBLIC IMPROVEMENTS (No amendments proposed to this Chapter) Chapter 15.36 - FLOODPLAIN MANAGEMENT REGULATIONS (No amendments proposed to this Chapter) Chapter 15.88 - DEVELOPMENT PLANS AND SITE REVIEWS (No amendments proposed to this Chapter) ---PAGE BREAK--- Chapter 15.04 - ADMINISTRATIVE PROCEDURES Sections: 15.04.010 - Building permits, fees and exemptions. 15.04.020 - Notification and inspection of building construction. 15.04.030 - Structures encroaching on street or alley. 15.04.040 – Key Boxes 15.04.050 - Building official. 15.04.060 - Certificate of occupancy. 15.04.070 – Climatic and Geographic Design Criteria 15.04.080 – Fees and fee refunds 15.04.090 – Violation penalties 15.04.100 – Stop work order 15.04.010 - Building permits, fees and exemptions. A. Before receiving a building permit for a structure in the city, the owner or his/her agent shall meet the requirements of the Planning and Community Development Department as set forth by the building and municipal codes and pay the Fee Schedule as approved by the City Council: B. The following are exempted from Permit fees: 1. plumbing fixture replacements; 2. sprinkler systems installation; 3. water and sewer or gas pipe repair; 4. electrical outlet and switch relocates [that require only one inspection] will be charged as per approved Fee Schedule. C. The city, county, state or the United States shall be exempt from paying the fee for a building permit, but such permit shall be required for the contractor and he/she shall comply with the provisions of this chapter. The City, county, state, or the United States must submit plans of any construction for review with the City. D. Water and sewer tap fees shall be paid prior to commencement of construction of the building/project. E. Exemptions. Exemptions from the building permit requirement shall be those listed in the permits section of the current building code as adopted by the city. F. Copies of the Adopted Construction Codes: At least one copy of each of the aforesaid Adopted Construction Codes and amendments shall be filed in the office of City Clerk to be made available for public use and inspection. G. Timing and Duration of Permits. Building permits shall be issued for a period not to exceed three hundred sixty-five (365) days or twelve (12) months. Building permits may be extended for a period ---PAGE BREAK--- of up to one hundred eighty (180) days at the written request of the permit holder, by the Planning and Community Development Director. Where a project has achieved vertical construction, the project shall be fully enclosed and exterior finishes applied within three hundred sixty-five (365) calendar days, without exception. Failure to comply with this provision shall result in citations as provided for in subsection B of Section 15.04.050. until such time as the project exterior is completed. (Ord. 813 (part), 2008: Ord. 706, 2003: Ord. 671, 2003: prior code § 6-6) (Ord. No. 896, § 1, 5-23-2011) 15.04.020 - Notification and inspection of building construction. The Planning and Community Development Department shall be notified by the holder of a permit under this title. The building official shall inspect the building as required by the current construction codes adopted by the city, and any other time indicated by the building official as necessary for proper code compliance. If work is not complete or open for inspection and an additional inspection is required, the permittee may be charged according to City’s fee schedule and regulations. The permittee may be charged for a reinspection as per the approved fee schedule. Such fees must be paid prior to calling for the next inspection. (Ord. 722 (part), 2004: Ord. 671, 2003: Ord. 505 § 1, 1992: prior code § 6-7) 15.04.030 - Structures encroaching on street or alley. A. Any structure encroaching on any city street or alley, which structure was in existence prior to January 1, 1978, shall be permitted to continue to use that portion of any street or alley which it is on, unless modified or improved subsequent to January 1, 1978. B. If any structure encroaching on any city street is modified, improved in any way or expanded such structure shall be removed from any portion of any street it is on and in addition such structure shall be required to meet all zoning and setback requirements in existence at the time of such modification. (Ord. 249 1, 2, 1978) C. If any structure encroaching on any city alley is modified, improved in any way or expanded such structure shall be removed from any portion of any alley it is on and in addition such structure shall be required to meet all zoning and setback requirements in existence at the time of such modification. 15.04.040 – Key boxes The installation of key boxes for all commercial occupancies is not mandatory but is voluntary, to allow the Douglas Fire Department emergency entry. The key box shall be located within 10 feet of the front door, a minimum of 6 feet above the ground level and as approved by the fire department. Applications to order the key box shall be obtained from the fire department. ---PAGE BREAK--- 15.04.050 - Building official. A. Responsibilities. The building official shall be responsible for all inspections, enforcement actions, and responsibilities for enforcement and administration of all building codes as required under this title. B. The Planning and Community Development Director, his designee, or building official is authorized to issue citations to appear in the Douglas Municipal Court to any person deemed to be in violation of the provisions of this title. (Ord. 722 (part), 2004: Ord. 505 § 3, 1992) C. Right of entry—Police power. The community development director, building official, electrical inspector, code compliance officer, and his designee shall have the right, during reasonable hours, to enter any building or home or any premises in the discharge of his or her official duties or for the purpose of making any inspection, reinspection or test of the installation of wiring, equipment, or appliances or inspection of construction process contained thereon. 15.04.060 - Certificate of occupancy. A. Definition: "Certificate of Occupancy" (C of O) means the key document used to certify the legal use and occupancy of a building. The document is issued by the planning and community development department and approved and signed by the Community Development Director and describes how a building, premises, developed or undeveloped space may be occupied. B. If planned construction is creating a new building or will result in a change of use, egress, or occupancy to an existing building, a new or amended certificate of occupancy is required. The contractor's or owner's representative shall contact the planning and community development department to arrange for the necessary inspections of construction, plumbing, HVAC, gas line, electrical, elevator inspections, storm water management, landscaping, lighting and any other construction element as determined by the Community Development Department Director or his designee.. C. The certificate of occupancy will be authorized by the Community Development Director when the completed work complies with the submitted plans and applicable laws, all paperwork is completed, all necessary approvals have been obtained from other appropriate city agencies, all fees owed to the department are paid, and all relevant violations are resolved. A new building cannot be legally occupied until a certificate of occupancy has been issued by the Community Development Department Director. D. A temporary certificate of occupancy (TC of O) may be authorized by the community development director and issued by the community development department if all work is substantially completed on a construction project requiring a certificate of occupancy, with the stipulation that all unfinished work noted on the Temporary Certificate of Occupancy must be completed within the period specified. Said period will be determined at the discretion of the Community Development Director, and will be of a duration not exceeding one year from the date of issuance. The Planning and Community Development Director may extend TC of O, with a written request with cause, for additional six months. E. Any person in violation of this section within the time specified in the duly served notice or order shall, upon conviction, be fined not more than seven hundred fifty dollars ($750.00) for each separate offense. Every twenty-four-hour period, after the time specified in the written notice, in which the violation is not corrected or abated shall be an additional offense and subject to the same penalty. Any exception will be considered and decided on a case by case basis at the discretion of the Director of Community Development. (Ord. No. 874, 2-22-2010; Ord. No. 896, § 2, 5-23-2011) ---PAGE BREAK--- 15.04.70 – Climatic and Geographic Design Criteria Buildings, dwellings, townhouses, structures, and portions thereof, including accessory buildings, shall be designed and constructed in accordance with the following climatic and geographical criteria in Table - 1: ---PAGE BREAK--- TABLE - 1 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA City of Douglas, Wyoming Ground Snow Load 30 psf plus snow drifting Minimum Roof Snow Load for Roofs with =>1:12 Pitch or greater 4.76 Degrees Load reduction shall be prohibited. 30 psf (See Footnote Minimum Roof Snow Load for Roofs with less than 1:12 Pitch 4.76 Degrees Load reduction shall be prohibited. 35 psf (See Footnote # 2) Wind Speed (MPH) & Exposure 115 MPH Exposure C (for Risk Category II) Wind Exposure Category C 100-Year, One Hour Rainfall (inches) Source: IPC Figure 1106.1 2.5 Seismic Design Category B Minimum (for Risk category I, II, and III) SUBJECT TO DAMAGE FROM: Weathering Severe Frost Line Depth 42 inches, minimum to bottom of footings Termite Slight to moderate Decay None to slight Winter Design Temp. Source: IPC Table D-101 -13º F ---PAGE BREAK--- Ice Shield Underlayment Required Source: IBC Section 1507.2.8.2 IRC Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1, R905.8.3.1, Yes Flood Hazard Source: IRC Table R- 301.2(1) 10/15/90 Air Freezing Index Source: IRC Table R- 403.3(2) 2500 Mean Annual Temp. Source NOAA as referenced By the IBC. 45.5º F Heating Degree Days (HDD) Climate Zone-6B 7343 Cooling Degrees Days 2,082 Cooling Design Temperatures 89ºF, dry bulb Cooling Design Temperatures 58º, wet bulb Structural Concrete Minimum 28 Day Compressive Strength 4,000 PSI Mean Annual Temperature 45.5ºF Anti-Freeze Index 2,000ºF days Flood Hazard FIRM Community Number 560013 1394D ---PAGE BREAK--- Annual Precipitation 14 inches Hail Exposure Slight Longitude 105º23’ Latitude 42º46’ Elevation above Sea Level 4,815 15.04.080 – Fees and Fee Refunds. A. All Fees shall be collected by the City of Douglas as per the Fee Schedule approved by the City Council. B. The Community Development Director shall authorize the refund of the full amount of any fee paid hereunder that was erroneously paid or collected to the extent of the error. Once the review process is in progress no refunds shall be allowed. The applicant may submit the refund request to the City Council for consideration. The Community Development Director shall not authorize the refund of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of the fee payment. 15.04.090 – Violation Penalties. Persons who shall violate a provision of any of the Adopted Construction Codes or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Community Development Director or his/her designee, or of a permit or certificate issued under provisions of any of the Adopted Construction Codes, shall be guilty of a misdemeanor, punishable by a fine of not more than $750.00. Each day that a violation continues after due notice has been served shall be deemed a separate offence. Any person who commences any work before obtaining the necessary permit(s) may be subject to an investigation fee as determined by the Community Development Director. The investigation fee shall be as per the approved fee schedule. 15.04.100 – Stop Work Order. Upon notice from the Community Development Director or the Building Official, work without permit, unauthorized work, work that is being done contrary to the provisions of any of the Adopted Construction Codes or in a dangerous or unsafe manner shall be immediately cease. Such notice shall be in writing ---PAGE BREAK--- and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work. The notice shall state the condition under which work is authorized to resume. Where an emergency exists, the Community Development Director or the Building Official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work in or about the structure 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 issued a citation according to the law. Chapters 8.04, 15,08, 15.09, 15.10, 15.11, 15.12, 15.16, 15.20, and 15.24 of the Douglas Municipal Coder are deleted in its entirety and replaced with the following. ---PAGE BREAK--- Chapter 15.08 - INTERNATIONAL BUILDING CODE Sections: 15.08.010 - Adopted. 15.08.010 - Adopted. There is hereby adopted by the city council, for the purpose of establishing rules and regulations for the construction, alteration, relocation, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as the 2012 Edition International Building Code, and as modified here, along with certain appendices specifically designated further in this chapter, published by the International Code Council. The same is adopted and incorporated as fully as if set out at length in this chapter. The provisions of the 2012 International Building Code shall be controlling in the construction of all buildings and structures contained within the city of Douglas. (Ord. 672, 2003: Ord. 596 (part), 1998: prior code § 6-1) (Ord. No. 895, § 1, 9-27-2010) A. The following appendices of the International Building Code are adopted: 1. Appendix B – Board of Appeals. Section 101.2.2 is modified to allow board membership by individuals who are qualified by experience with any combination of the listed experiences and training to pass on matters pertaining to building construction and are not employees of the jurisdiction. 2. Appendix I - Patio covers; 3. Appendix J – Grading (Ord. 672, 2003: Ord. 597 (part), 1998; Ord. 596 (part), 1998) B. The following amendments to the International Building Code, and appendixes as adopted by the preceding paragraph of his section, are hereby made and incorporated in such International Building Code. 1. Section 101.1 Title of the International Building Code is amended to read: these regulations shall be known as the Building Code of the City of Douglas, hereinafter referred to as “this code.” 2. Section 101.4.5 and 101.4.6 of the International Building are repealed. 3. Section 103.3 of the International Building Code is repealed. 4. Add section 101.4.7 Electrical. The provisions of the 2011 Edition of the National Electrical Code shall apply to the installation, alteration, repairs, and replacement of ---PAGE BREAK--- electrical systems, including equipment, appliances, fixture, fittings, and appurtenances thereto. 5. Add Section 101.4.8 Existing Buildings. The provisions of the 2012 Edition of the International Existing Building code shall apply to the repair, alteration, change of occupancy and relocation of all existing buildings. 6. Section 105.2 under Building, Item 1 repealed. Replace with: One-story detached accessory structures with a floor area not greater than 200 square feet (not 120 square feet) and not on a permanent foundation work shall be exempt from building permit requirements. 7. Add Section 107.1.1: Prepared Construction Documents. No plan review will be undertaken or a building permit issued for a building or structure, or addition thereto, that provides for the employment, housing, or assembly of fifty (50) or more persons, or covers more than five thousand (5,000) square feet of floor area including basement, if any, intended for use by the general public, unless the plans and specifications for such building or structure bear the stamp, signature and date of a registered architect or engineer licensed by the state of Wyoming. 8. Add Section 1601.2: Buildings, structures and portions thereof, including accessory buildings, shall be designed and constructed in accordance with the Climatic and Geographic Design Criteria provided in Section 15.04.070 of the Douglas Municipal Code. 9. Part 4. Of the Building of Section 105.2 of the International Building Code is amended to read as follows: Retaining walls up to four feet in height, measured from the bottom of the footings to the top of the all, unless supporting a surcharge or impounding Class I, II or II-A liquids shall not require a permit. However, the applicant or property owner must submit details with the Community Development Department for record purposes. Retaining walls within public easement and rights of ways, irrespective of the height, shall require permit from the Community Development Department. 10. Section 305.2, 308.3.1, 308,5.2, 310.1 (R3) of the International Building Code is amended as follows: Child Daycare shall be modified in accordance with the Wyoming State Child Care Licensing Rules. A complete guide of these rules and requirements can be viewed on the Wyoming Department of Family Services website at http://dfswapps.state.wy.us 11. Section 1612.3 Establishment of flood hazard areas in amended to read as follows: To establish flood hazard areas, the City of Douglas has enacted section 15.36.20 of the Douglas City Code. (Ord. No. 863, 10-12-2009, and Ord. No. 871, 1-11-2010) 12. Section 1805.4.3 of the International Building Code is amended to read as follows: The floor base and foundation perimeter drain shall discharge by gravity or mechanical means into an approved drainage system that complies with the International Plumbing Code. ---PAGE BREAK--- Chapter 15.10 - INTERNATIONAL EXISTING BUILDING CODE Sections: 15.10.010 - Adopted. 15.10.010 - Adopted. There is adopted by the city council, for the purpose of establishing rules and regulations for the repair, alteration, change of occupancy, addition and relocation of all existing buildings and detached one- and two-family dwellings and townhouses, including permits and penalties, that certain building code known as the 2012 Edition of the International Existing Building Code, as modified herein and along with certain appendices specifically designated further in this chapter, published by the International Code Council, of which not less than one copy shall be filed with the department of planning and community development. The same is adopted and incorporated as fully as if set out at length in this chapter. The provisions of the 2012 Edition of the International Existing Building Code are adopted for the purposes of encouraging the continued use or reuse of legally existing buildings and structures, encouraging the historic preservation and renovation of buildings and structures having historical value, establishing life- safety requirements for all existing buildings that undergo alteration or a change in occupancy, and offering alternative methods of achieving safety so that the existing inventory of existing buildings can be preserved. (Ord. No. 860, 8-24-2009; Ord. No. 895, § 3, 9-27-2010) A. The following appendices of the International Existing Building Code of 2012 are adopted: 1. Appendix A - Guidelines for The Seismic Retrofit Of Existing Buildings. 2. Appendix B - Supplementary Accessibility Requirements for Existing Buildings and Facilities. (Ord. No. 860, 8-24-2009) B. The following amendments to the International Existing Building Code, and appendices as adopted by the preceding paragraph of this section, are hereby made and incorporated in such International Building Code. 1. Section 101.1 Title of the International Existing Building Code is amended to read as follows: these regulations shall be known as the Existing Building Code of the City of Douglas, hereinafter referred to as “this code.” 2. Section 101.4 Existing Buildings, of the International Existing Building Code is amended to read as follows: the legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code or in the International Fire Code, or as is deemed necessary by the Community Development Director for the general welfare of the occupants and the public. 3. Section 301.2: delete reference to the International Energy Conservation Code and the International Private Sewage Disposal Code. ---PAGE BREAK--- 4. Structures existing prior to January 1, 1979, in which there is work involving additions, alterations, or changes of occupancy shall be made to conform to the requirements of this chapter or the provisions of Chapters 4 through 12. The provisions of Section 1301.2.1 through 1301.2.5, shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R, and S. These provisions shall not apply to buildings with occupancies in Groups H or Group I. 5. Section 1401.2 repealed and replace with: structures existing prior to 1984, in which there is work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of this chapter or the provisions of Chapters 5 through 13. FOOTNOTE(S): Editor's note— Ord. No. 860, adopted Aug. 24, 2009, deleted the former Ch. 15.10, Section 15.10.010, and enacted a new Ch. 15.10 as set out herein. The former Ch. 15.10 pertained to uniform code for building conservation and derived from Ord. 600, 1999. (Back) ---PAGE BREAK--- Chapter 15.11 - INTERNATIONAL RESIDENTIAL CODE Sections: 15.11.010 - International Residential Code adopted. 15.11.020 - Energy efficiency. 15.11.010 - International Residential Code adopted. There is adopted by the city council, for the purpose of establishing rules and regulations for the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress and their accessory structures or appurtenances connected or attached to such dwellings and townhouses or structures, including permits and penalties, that certain building code known as the 2012 Edition of the International Residential Code, as modified herein and along with certain appendices specifically designated further in this chapter, published by the International Code Council, of which not less than one copy shall be filed with the department of planning and community development. The same is adopted and incorporated as fully as if set out at length in this chapter. The provisions of the 2012 Edition of the International Residential Code shall be controlling in the construction of all detached one- and two-family dwellings and townhouses and accessory structures contained within the city. The same is adopted and incorporated as fully as if set out at length in this chapter, along with the following appendices: A. 1. Appendix A - Sizing and capacities of gas piping; 2. Appendix B - Sizing of venting systems serving appliances equipped with draft hoods, Category 1 appliances, and appliances listed for use and Type B vents; 3. Appendix C - Exit terminals of mechanical draft and direct-vent venting systems; 4. Appendix D - Recommended procedure for safety inspection of an existing appliance installation; 5. Appendix E - Manufactured housing used as dwellings; 6. Appendix G - Swimming pools, spas and hot tubs. (Ord. 673, 2003) (Ord. No. 895, § 4, 9-27-2010) B. The following amendments to the International Residential Code, and appendixes as adopted by the preceding paragraph of this section, are hereby made and incorporated in such International Building Code. ---PAGE BREAK--- 1. Section R101.1 Title. Of the International Residential Code is amended to read as follows: these provisions shall be known as the Residential Code for One-and Two-family Dwellings of the City of Douglas, and shall be cited as such and will referred to herein as “this code.” 2. Section R102.7 of the International Residential Code is amended to read as follows: the legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue, without change, except as is specifically covered in this code, or the International Fire Code, or as is deemed necessary by the Community Development Director for the general safety and welfare of the occupants and the public. 3. Part 3, under Building, Section 105.2, of the International Residential Code is amended to read as follows: retaining walls up to four feet in height, measured from the bottom of the footings to the top of the wall, unless supporting a surcharge or impounding Class I, II or II-A liquids shall not require a permit. However, the applicant or property owner must submit details with the Community Development Department. Retaining walls within public easement and rights of ways, irrespective of the height, shall require permit from the Community Development Department. 4. Modify Section R105.2, under Building, Item 1: One-story detached accessory structures with a floor area not greater than 200 square feet and not on a permanent foundation shall be work exempt from building permit requirements. 5. Modify Section R105.2, under Building, Item 2: Fences not over 6 feet (not 7 feet) high shall be work exempt from building permit requirements. 6. Modify Section R301.2 and Table R301.2(1): Dwellings, townhouses and portions thereof, including accessory buildings, shall be designed and constructed in accordance with the Climatic and Geographic Design Criteria provided in Table – 1 herein of the Douglas Municipal Code. ---PAGE BREAK--- 7. Table R301.2 of the International Building Code is repealed with the exception of Section R302.1 Exterior Walls of the International Residential Code is amended to read as follows: construction, projections, openings, and penetrations of exterior walls of dwelling and accessory buildings shall comply with Table R302.1(1). 8. Table R302.1(2), including footnote a. of the International Residential Code, is repealed. 9. Section R302.5. Opening protection of the International Residential Coe is amended to read as follows: openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with solid wood doors not less than 1 3/8 inches (35 mm) in thickness, solid or honeycomb-core steel doors not than 1 3/8 (35 mm) thick, or 20-minute fire-rated doors. 10. Modify Section R302.7: The space under all stairs shall have walls, under-stair surface and any soffits protected on the enclosed side with fire-taped 5/8 inch Type X gypsum board. This includes stairs in unfinished basements. 11. Modify Section R309.5: The installation of fire sprinklers in garages is not mandatory but is voluntary. 13. Modify Section R313: The installation of fire sprinklers in townhouses and one- and two- family dwellings is not mandatory but is voluntary. 14. Section R309.5 of the International Residential Code is repealed. 15. Section R310.2.2 Drainage, of the International Residential Code is amended to read to as follows: window wells shall be designed for proper drainage by connecting to the building’s foundation drainage system required by Section R405.1 or by an approved alternative method. 16. R313.2 of the International Residential Code is repealed. 17. Section R313.2.1, of the International Residential Code is amended to read as follows: when provided automatic residential fire sprinkler systems for buildings covered under the International Residential Code shall be designed and installed in accordance with IRC Section P2904, NFPA 13 D, NFPA 13 R, or NFPA 13. 18. Section R403.1.1 Footings of the International Residential Code is enacted to read as follows: minimum steel reinforcement for typical spread footings shall be two # 4 rebar continuous. 19. Section R403.1.4.1 Frost Protection Exception 1 of the International Residential Code is amended to read as follows: freestanding accessory structures with an area of 1,000 ---PAGE BREAK--- square feet (37m2) or less and an eave height of 14 feet (4267.2 mm) or less shall not be required to be protected. 20. Section R404.1.2.2 Foundation Walls of the International Residential Code is enacted to read as follows: minimum steel reinforcement of typical foundation walls shall be #4 rebar, 2’ center, horizontal and vertical. 21. Section R405.1 Concrete or masonry foundations, of the International Residential Code is amended to read as follows: drains shall be provided around all concrete or masonry foundations that retain earth and enclose interior spaces located below grade. Drainage tiles, gravel or crushed stone drains, perforated pipe or other approved systems or materials shall be installed at or below the area to be protected and shall discharge by gravity or mechanical means into an approved drainage system. Gravel or crushed stone drains shall extend at least One foot (305 mm) beyond the outside edge of the footing six inches (152 mm) above the top of the footing and be covered with as approved filter membrane material. The top of open joints of drain tiles shall be protected with strips of building paper. Perforated drains shall be surrounded with as approved filter membrane or the filter membrane shall cover the washed gravel or crushed rock covering the drain. Drainage tiles or perforated pipe shall be placed on a minimum of two inches (51 mm) of washed gravel or crushed rock at least one sieve size larger than the tile joint opening or perforation and covered with not less than six inches (152 mm) of the same material. 22. Section 501.3 of the International Residential Code is repealed. 23. Modify Table R702.3.5: All ceiling applications for gypsum board with 24 inch spacing of framing members shall be a minimum thickness of 5/8 inch. 24. Modify Section R702.3.8: The walls above bathtubs and shower compartments with exposed gypsum board, shall have water-resistant gypsum board installed from the nonabsorbent surfaces (see Section R307.2) to the ceiling. 25. Modify Section R703.8, Subparagraph 1: At exterior window and door openings, install 6 inch wide strips of self-adhering waterproof membrane at head, jambs and sill of openings and overlap air infiltration barrier over the head strip, per the window manufacturer’s instructions. 26. Modify Section R905.2.8.3: Base flashing against a vertical sidewall shall be step flashing, a minimum of 4 inches in height and 4 inches in width and shall direct water away from the vertical sidewall onto the roof and/or into the gutter. 27. Modify Section M1502.4.2: Dryer exhaust ducts shall be supported at intervals not to exceed 4 feet (not 12 feet) and shall be secured in place. The assembly of duct joints shall be as described except they shall not be mechanically fastened with screws or other fasteners which protrude inside the duct. ---PAGE BREAK--- 28. Modify Section P2603.5: Water service pipe shall be installed not less than 72 inches below grade. 29. Modify Section P2603.5.1: Building sewers shall be installed not less than 42 inches below grade. 30. Modify Section P3103.1: Open vent pipes that extend through a roof shall be terminated not less than 12 inches above the roof. 31. Clarify Section P3103.2: Since the outside design temperature is -13°F, every vent extension through a roof or wall shall be not less than 3 inches in diameter. 15.11.020 - Energy efficiency. Chapter 11 of the International Residential Code, titled "Energy Efficiency," is repealed in its entirety and reenacted to read as follows: All residential occupancies shall contain insulation in exterior walls and ceilings. The walls shall contain not less than an R value of 19, and the ceiling not less than an R value of 38. (Ord. 772, 2006) ---PAGE BREAK--- Chapter 15.12 - INTERNATIONAL MECHANICAL CODE Sections: 15.12.010 - Adopted. 15.12.010 - Adopted. There is adopted by the City Council, for the purpose of establishing rules and regulations for the design, installation, maintenance , alternation and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings; the regulation of those mechanical systems, system components, equipment and appliances specifically addressed herein; including permits and penalties, that certain building code known as the 2012 Edition of the International Mechanical Code, as modified herein and along with certain appendices specifically designated further in this chapter, published by the International Code Council. One copy of the International Mechanical Code shall be in the City Clerk office. The provisions of the 2012 Edition of the International Mechanical Code shall be controlling in the construction of all buildings and structures contained within the City of Douglas. A. The following appendices of the 2012 International Mechanical Code are adopted: 1. Appendix A, Chimney Connector Pass-Through (Ord. 680, 2003: prior code § 6-2.1) (Ord. No. 895, § 5, 9-27-2010) ---PAGE BREAK--- B. The following amendments to the International Mechanical Code as adopted by the preceding paragraph of this section, are hereby made and incorporated in such International Mechanical Code. 1. Section 101.1 of the International Mechanical Code is amended to read as follows: these regulations shall be known as the Mechanical Code of the City of Douglas hereinafter referred to as “this code.” 2. Section 106.5.3.Fee refund of the International Mechanical Code is repealed. 3. Section 108.4 Violation penalties of the International Mechanical Code is repealed. 4. Section 108.5 Stop work orders of the International Mechanical Code is repealed. 5. Sections 109.2 through 109.7 of the International Mechanical Coe are repealed. ---PAGE BREAK--- Chapter 15.16 - ELECTRICAL CODE Sections: 15.16.010 - Adoption. 15.16.020 - Electrical inspector—Designated. 15.16.030 - Electrical inspector—Powers and duties. 15.16.040 - Permit for state licensed electrician required—Exceptions. 15.16.050 - Permit for electrical wiring, motor installations and meter changings. 15.16.060 - Inspection fees. 15.16.070 - Inspection and approval of installations prior to concealment. 15.16.080 - Wiring changes or additions of more than fifty percent. 15.16.010 - Adoption. There is adopted by the city council, for the purpose of establishing rules and regulations for the installation of electrical conductors, equipment, and raceways; signaling and communications conductors, equipment, and raceways; and optical fiber cables and raceways for public and private premises, including buildings, structures, mobile homes, recreational vehicles and floating buildings; yards lots, parking lots, carnivals, and industrial substations; installations of conductors and equipment that connect to the supply of electricity; and installations used by the electric utility, such as office buildings, warehouses, garages, machine shops, and recreational buildings that are not a part of a generating plant, substation, or control center; including permits and penalties, that certain building code known as the 2011 Edition of the National Electrical Code, as modified herein and along with certain appendices specifically designated further in this chapter, published by the National Fire Protection Association, of which not less than one copy shall be filed with the department of planning and community development. The same is adopted and incorporated as fully as if set out at length in this chapter. The provisions of the 2011 Edition of the National Electrical Code shall be controlling in the construction of all buildings and structures contained within the city. (Ord. 682 (part), 2003: Ord. 505 § 5, 1992: prior code § 9-1) 15.16.020 - Electrical inspector—Designated. The Douglas building official, code compliance officer or the State Electrical Inspector shall serve as the electrical inspector. If necessary, competent persons may be hired to assist the electrical inspector. (Ord. 505 § 6, 1992: Ord. 418, 1984: prior code § 9-2) ---PAGE BREAK--- 15.16.030 - Electrical inspector—Powers and duties. A. Inspection. The electrical inspector shall make a thorough examination of all electrical wiring, equipment and appliances and supervise the arranging, supporting and stringing of all electric light, power, signal or other wires and the locating of such poles, lines and electric appliances, insofar as necessary to prevent fire, accident or injury to persons or property. When any such wiring, equipment or appliances are found to be dangerous to life or property, he or she shall notify the person doing such work, or owning, using or operating the same, to place them in safe condition, within such reasonable time as he or she may specify; and such person failing to comply within such time shall be deemed guilty of violation of this chapter. B. Reinspection. The electrical inspector shall also make reinspections, periodically or at such times as he or she may deem requisite or fitting, of all electric wiring, equipment and appliances installed within the city and require compliance with this chapter, under penalty as provided in this chapter. C. Right to Disconnect. The electrical inspector is empowered to disconnect or order the discontinuance of electric service to any wiring, equipment or appliances which he or she may find to be defective or defectively installed or installed or used in violation of this chapter, and he or she shall enforce the same until such time as such defect or violation is eliminated. Meanwhile, no electric current from any other source whatsoever shall be supplied to such defective installation. In case of emergency, he or she may disconnect or order the disconnection of any wiring where the electric current may be dangerous to life or property or interfere with the work of the fire department. D. Records. The electrical inspector shall keep complete records of all inspections made and other official work performed under the provisions of this chapter. E. Right of entry—Police power. The electrical inspector shall have the right, during reasonable hours, to enter any building or home in the discharge of his or her official duties or for the purpose of making any inspection, reinspection or test of the installation of electric wiring, equipment or appliances contained thereon. He or she is authorized to enforce all the provisions of this chapter, and for such purpose he or she shall have the power of a police officer. (Prior code § 9-3) 15.16.040 - Permit for state licensed electrician required—Exceptions. A. With the exceptions provided in subdivisions 1 through 5 of subsection B of this section, no person shall undertake to perform any work of installing any electric wiring, appliances or equipment, whether permanent or temporary, within or on any structure or premises, nor make any alteration, addition or repair to any such existing wiring, appliances or equipment, unless such person is licensed and qualified in accordance with Wyoming Statutes, Annot. 2002, Sections 35-9-1 02, and 35-9-125 through 35-9- 1 30, as amended and supplemented, and has obtained a permit as provided in this chapter. B. No electrician license or permit shall be required in order to perform the following work: 1. Minor repair work, the replacement of lamps or fuses or the connection of portable devices to suitable receptacles which have been permanently installed; 2. The installation, alteration or repair of wiring, appliances or equipment for public telephone, telegraph or messenger call companies, or for the utility furnishing electric current in the town; 3. Any work involved in the manufacture, test or repair of electrical materials, appliances or apparatus, exclusive of any permanent wiring not required for test purposes; ---PAGE BREAK--- 4. The assembly, erection and connection of electric equipment by the manufacturer or installer thereof, exclusive of any electric wiring not involved in making electrical connections on the equipment itself or between two or more parts thereof; 5. Any individual desiring to do any installing, altering or repairing of electrical wires or wiring of apparatus on his own property; provided, that such individual shall be required to secure a permit therefor as required by Section 15.16.050 that all work done by an owner on his own premises shall be subject to the same standards as provided in this chapter, and that all work done by such owner on his own premises shall be subject to the rules and regulations as provided in this chapter, and such work shall be inspected by the electrical inspector, the same as work done by licensed electricians as provided in this chapter. (Ord. 682 (part), 2003; prior code § 9-4) 15.16.050 - Permit for electrical wiring, motor installations and meter changings. No building shall be wired or motor installed, nor any electrical display sign erected or other electrical wiring be done or any meter changed or tampered with before a permit is granted to the person intending to do such work. Application for such permit shall be made to the electrical inspector, who shall make no charge for the issuance of the same. (Prior code § 9-5) 15.16.060 - Inspection fees. All work done pursuant or under any such permit as described in Section 15.16.050 shall be inspected by the town electrical inspector who shall make no charge; except, that on buildings other than homes where the electrical inspector finds the installation complicated and beyond his ability, he may call in an electrical engineer whose fees shall be paid by the permittee. (Prior code § 9-6) 15.16.070 - Inspection and approval of installations prior to concealment. When any part of a wiring installation is to be hidden from view by the permanent placement of parts of a building, the permittee shall notify the electrical inspector, and such parts of the wiring installation shall not be concealed until they have been inspected and approved by the electrical inspector. (Prior code § 9-7) 15.16.080 - Wiring changes or additions of more than fifty percent. If changes are made in or additions made to wiring already installed to such extent that the added or changed wiring constitutes more than fifty (50) percent of the total wiring after such additions or changes, the entire installation shall be made to conform to the requirements of this chapter. (Prior code § 9-8) ---PAGE BREAK--- Chapter 15.20 - PLUMBING CODE Sections: 15.20.010 - Adopted 15.20.040 - Certain facilities under partial control of chapter. 15.20.050 - International Plumbing Code adopted. 15.20.010 – Adopted There is adopted by the city council, for the purpose of establishing rules and regulations for the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems; the regulation of nonflammable medical gas, inhalation anesthetic, vacuum piping, nonmedical oxygen systems and sanitary and condensate vacuum collection systems; including permits and penalties, that certain building code known as the 2012 Edition of the International Plumbing Code, as modified herein and along with certain appendices specifically designated further in this chapter, published by the International Code Council, of which not less than one copy shall be filed with the department of planning and community development. The same is adopted and incorporated as fully as if set out at length in this chapter. The provisions of the 2012 Edition of the International Plumbing Code shall be controlling in the construction of all buildings and structures contained within the city. . Not less than one copy of such code shall be maintained on file in the office of the city clerk, and the same is adopted and incorporated herein by this reference as if fully set forth. A. The following appendices of the 2012 International Plumbing Code are adopted: 1. Appendix C, Vacuum Drainage System. 2. Appendix E, Sizing of Water Piping System. 3. Appendix C, Structural Safety. 15.20.040 - Certain facilities under partial control of chapter. It is recognized that certain facilities in or adjacent to public streets are referred to in this chapter only a portion of which is under the ownership or the control of the owner or occupant of the building or premises to which this chapter applies. (Prior code § 22-4) 15.20.050 - International Plumbing Code adopted. A. For purposes of installations, maintenance, operations, repairs and replacements, all municipally owned or operated water and sewer systems shall be exempt from the license provisions of the International Plumbing Code. (Ord. 683 (part), 2003: Ord 505 § 7, 1 992, Ord 487 § 2, 1 990, prior code § 22-5) ---PAGE BREAK--- B. The following amendments to the International Plumbing Code, and appendices as adopted by the preceding paragraph of this section, are hereby made and incorporated in such International Plumbing Code. 1. Section 101.1 of the International Plumbing Code is amended to read as follows: these regulations shall be known as the International Plumbing Code of the City of Douglas, hereinafter referred to as “this code.” 2. Section 108.4 Violation penalties of the International Plumbing Code is repealed. 3. Section 108.5 Stop work order of the International Plumbing Code is repealed. 4. Section 109.2 through 109.7 of the International Plumbing is repealed. 5. Section 305.4 Freezing and 305.4.1 Sewer depth of the International Plumbing Code are hereby amended to read as follows: water, soil, and waste pipes shall be installed outside of a building, in attics or crawl spaces, concealed in outside walls, or in any other place subjected to freezing temperature unless adequate provision is made to protect such pipes from freezing by insulation or heat or both. Exterior water supply system piping shall be installed not less than 72” inches below grade. Building sewers that connect to private sewage disposal systems shall be a minimum of 42 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 36 inches below grade unless adequate provision is made to protect such pipes from freezing by insulation or heat or both. 6. Section 312.1 Required tests, Of the International Plumbing Code is hereby amended to read as follows: the permit holder shall make the applicable tests prescribed in Sections 312.2 through 312.10 to determine compliance with the provisions of this code. The permit holder shall give reasonable advance notice to the code official when the plumbing work is ready for tests. The equipment material, power and labor necessary for the inspection and test shall be furnished by the permit holder and the permit holder shall be responsible for determining that the work will withstand the test pressure prescribed in the following test. All plumbing system piping shall be tested either with water or, by air. 7. Section 312.3 Drainage and vent air test of the International Plumbing Code is hereby amended to read as follows: an air test shall be made by forcing air into the system until there is a uniform gauge pressure of 5 psi (34.5 kPa) or sufficient to balance a 10-inch (254 mm) column of mercury. This pressure shall be held for test period of not less than 15 minutes. Any adjustments to the test pressure required because of changes in ambient temperatures or the seating of gaskets shall be made prior to the beginning of the test period. 8. Section 605.3 Water service pipe, of the International Plumbing Code is hereby amended to read as follows: water piping from the curb stop to meter pit to inside of a building meter or shut-off valve location shall be type K copper. PE 200Psi clear core, PE # 3408 160 psi or cement lined ductile iron pipe in accordance with AWWA C104. All joints or connections in PE piping shall be brass with minimum 2 stainless steel clamps at each ---PAGE BREAK--- side of the joint or connection. Stainless steel clamps shall be installed to that they are opposing each other or other approved connection. Interior water meters one inch or less in size shall have a clear space of two feet wide from the center of the meter and three feet in front of the meter housing on new construction. The measurement from the center of the meter shall be equal on both sides of the meter. 9. Modify Section 903.1: Open vent pipes that extend through a roof shall be terminated not less than 12 inches above the roof. 10. Clarify Section 903.2: Since the outside design temperature is -13°F, every vent extension through a roof or wall shall be not less than 3 inches in diameter. 11. Delete Section 1109: This section is deleted entirely. 12. Section 1003.3 Grease traps and grease interceptor, of the International Plumbing Code is amended to read as follows: grease traps and grease interceptors shall comply with the requirements of Sections 1003.1 through 1003.3.4.2 of the International Plumbing Code. 13. The City has the authority to develop standards for construction and operation of grease interceptors, oil and sand interceptors and inspection manholes (monitoring facilities ) connected to the sanitary sewer system as such standards are essential to the public health, welfare, and safety of the inhabitants and employees of the City of Douglas and its environs. Chapter 15.24 - INTERNATIONAL FUEL GAS CODE Sections: 15.24.010 - Gas supplier defined. 15.24.020 - Adoption of the International Fuel Gas Code. 14.24.030 – Modifications to the International Fuel Gas Code 15.24.030 - Rules and regulations of city council. 15.24.040 - Gas inspector—Office created. 15.24.050 - Gas inspector—Powers and duties. 15.24.060 - Placement restricted for gas or other service pipes. 15.24.080 - Work permit required for gas fitting. 15.24.100 - Inspection of work on gas pipes or vents. 15.24.110 - Notification of readiness for inspection. 15.24.120 - Inspection prerequisite to turning on gas. ---PAGE BREAK--- 15.24.010 - Gas supplier defined. For purposes of this chapter, any person who supplies gas for the purposes of heating, cooking, etc., to the residents of the city shall be referred to as a "gas supplier." (Ord. 684 (part), 2003: Ord. 473 (part), 1988: prior code § 13-1) 15.24.020 - Adoption of the International Fuel Gas Code. 15.24.020 – Adoption of the International Fuel Gas Code. There is adopted by the city council, for the purpose of establishing rules and regulations for the installation of fuel gas piping systems, fuel gas appliances, gaseous hydrogen systems and related accessories, including permits and penalties, that certain building code known as the 2012 Edition of the International Fuel Gas Code, as modified herein and along with certain appendices specifically designated further in this chapter, published by the International Code Council, of which not less than one copy shall be filed with the department of planning and community development. The same is adopted and incorporated as fully as if set out at length in this chapter. The provisions of the 2012 Edition of the International Fuel Gas Code shall be controlling in the construction of all buildings and structures contained within the city. 15.24.030 – Modification to the International Fuel Gas Code. A. The following sections from the 2012 International Fuel Gas Code shall be added to, deleted or modified as described: 1. Modify Section 101.1: Insert City of Douglas, Wyoming for “Name of Jurisdiction”. 2. Modify Sections 108.4 and 108.5: Violation penalties shall be as provided in Section 15.04.090 of the Douglas Municipal Code. 3. Modify Section 109: Means of appeal shall be as provided in Section 113 and Appendix B, as modified, of the International Building Code. B. 15.24.025 - Adopted Appendices. The following appendices of the 2012 International Fuel Gas Code are adopted: 1. Appendix A, Sizing and Capacities of Gas Piping. 2. Appendix B, Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances and Appliances Listed for Use with Type B Vents. 3. Appendix C, Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems. 4. Appendix D, Recommended Procedure for Safety Inspection of an Existing Appliance Installation. 15.24.030 - Rules and regulations of city council. The city council may promulgate such rules and regulations as it deems advisable for the protection of the citizens of the city, and such rules and regulations promulgated by the council shall take precedence over the International Fuel Gas Code adopted in the chapter, if in conflict therewith. Such rules and regulations ---PAGE BREAK--- shall be filed in the community development department and available to anyone for inspection during office hours. The rules and regulations of the State Public Service Commission shall also take precedence over the International Fuel Gas Code adopted in this chapter. (Ord. 684 (part), 2003: Ord. 473 (part), 1988: Ord. 420 (part), 1984: prior code § 13-1) 15.24.040 - Gas inspector—Office created. There is created the office of gas inspector, which shall be the building official. (Ord. 684 (part), 2003: Ord. 505 § 8, 1992: Ord. 473 (part), 1988: prior code § 13-4) 15.24.050 - Gas inspector—Powers and duties. In order to prevent fires, accidents or injuries to person or damage to property, the building official is authorized, empowered and directed to inspect the installation, construction, reconstruction, adjustment and repair of all gas piping, appliances, fixtures and equipment, whether existing, placed or in any manner installed in or adjacent to any building or structure of any character in the city and to obtain proper compliance with this chapter and all of the rules and regulations of this city with respect thereto, and to inspect all such gas piping, appliances, fixtures and equipment and the installation, construction, reconstruction, adjustment or repairs thereof whenever and so often as the building official shall deem desirable or necessary. All violations of this chapter or any ordinance of the city shall be immediately reported to the city building inspector for proper disposition. (Ord. 684 (part), 2003: Ord. 473 (part), 1988: prior code § 13-5) 15.24.060 - Placement restricted for gas or other service pipes. No gas or other service pipe shall be placed in the same ditch with a water service pipe, unless such gas or other service pipe is placed not less than thirty-six (36) inches horizontally from the water service pipe. (Ord. 684 (part), 2003: Ord. 473 (part), 1988: prior code § 13-6) 15.24.070 - Work permit required for gas fitting. It is unlawful for any person to begin any job of gas fitting until such person has secured from the city building inspector a permit to do such work. In order to secure such permit, the gas fitter shall make a written application upon blanks furnished for such purposes. Such application shall show the name of the owner or agent of the premises wherein such work is to be done, the location of such premises, the lot, block and addition, street and number and the name of the gas fitter having charge of the work, and shall contain a description of the work to be done, setting forth the number and kind of fixtures already installed and to be installed. (Ord. 684 (part), 2003: Ord. 473 (part), 1988: prior code § 13-8) 15.24.080 - Inspection of work on gas pipes or vents. All work done pursuant to or under any permit as described in Section 15.24.090 shall be inspected by the building inspector. ---PAGE BREAK--- (Ord. 684 (part), 2003: Ord. 473 (part), 1988: prior code § 13-10) 15.24.090 - Notification of readiness for inspection. It shall be the duty of any person installing any gas work to notify the building inspector when the work is ready to be tested or inspected. No installation shall be concealed before inspection. (Ord. 684 (part), 2003: Ord. 473 (part), 1988: prior code § 13-11) 15.24.100 - Inspection prerequisite to turning on gas. Before any gas may be turned on to any consumer by the gas supplier, the particular work must be inspected by the building inspector. (Ord. 684 (part), 2003: Ord. 473 (part), 1988: prior code § 13-12) ---PAGE BREAK--- Chapter 15.25 - INTERNATIONAL FIRE CODE Sections: 15.25.010 - Adopted. 15.25.010 - Adopted. There is adopted by the city council, for the purpose of establishing rules and regulations for structures, processes, premises and safeguards regarding the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; conditions hazardous to life, property or public welfare in the occupancy of structures or premises; fire hazards in the structure or on the premises from occupancy or operation; matters relating to the construction, extension, repair, alteration or removal of fire suppression or alarm systems; and conditions affecting the safety of fire fighters and emergency responders during emergency operations; including permits and penalties, that certain building code known as the 2012 Edition of the International Fire Code, as modified herein and along with certain appendices specifically designated further in this chapter, published by the International Code Council, of which not less than one copy shall be filed with the department of planning and community development. The same is adopted and incorporated as fully as if set out at length in this chapter. The provisions of the 2012 Edition of the International Fire Code shall be controlling in the construction of all buildings and structures contained within the city. A. The following appendices of the 2012 International Fire Code are adopted: 1. Appendix D, Fire Apparatus Access Roads. 2. Appendix E, Hazard Categories. 3. Appendix F, Hazard Ranking. 4. Appendix G, Cryogenic Fluids-Weight and Volume Equivalents. B. The following sections from the 2012 International Fire Code shall be added to, deleted or modified as described: 1. Modify Section 101.1: Insert City of Douglas, Wyoming for “Name of Jurisdiction”. 2. Delete Chapter 11: This chapter is deleted in its entirety. 3. Modify Section 5704.2.9.6.1: Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited within the city limits of Douglas, Wyoming. 4. Modify Section 5706.2.4.4: Storage of Class I and II liquids in above-ground tanks is prohibited within the city limits of Douglas, Wyoming. ---PAGE BREAK--- 5. Modify Section 5806.2: Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the city limits of Douglas, Wyoming. 6. Modify Section 6104.2: Storage of liquefied petroleum gas with an aggregate capacity at any one installation shall not exceed a water capacity of 2,000 gallons and shall be limited to the following zones of the Douglas Municipal Code, A-Agricultural, I-Industrial and PLI-Planned Light Industrial. City of Douglas Municipal Code, Chapter 5.36, CONTRACTORS* Delete in its entirety and replace with CHAPTER 15.26; as follows: Chapter 15.26 – Building Contractor Licenses Sections: 15.26.010 - License Required 15.26.020 - License Defined 15.26.030 - Appeal of license denial 15.26.040 - Duties and Responsibilities of contractors 15.26.050 - Classes of licenses, fee schedule and qualification requirements 15.26.060 - Application procedure 15.26.070 - Proof of ability and experience 15.26.080 - Expiration of license 15.26.090 - Partial payment prohibited 15.26.100 – Fees 15.26.110 - Suspension or revocation of license 15.26.120 - Reserved 15.26.130 - Reserved ---PAGE BREAK--- 5.26.010 - License Required A. Any person engaged in any of the trades, businesses or occupations listed in this chapter, or in any construction work, shall be licensed as a contractor as required in this chapter and such license shall not be transferable. B. Any person or entity who undertakes to perform any of the operations controlled by this chapter shall be considered a contractor. C Exceptions: 1. Any person employed for compensation under the direction and control of another person or entity who is either appropriately licensed or who is an owner performing work on his or her private residence, shall not be considered to be a contractor provided the property is not for immediate resale. 2. Any person who is an owner of the property (whether residential or otherwise) and any employee of said owner, whether compensated or volunteer, may perform the following operations/tasks on said property without a contractor’s license; a. Yard maintenance and landscaping not requiring attachment to any public utility or service line; b. Fence installation and maintenance; c. Concrete flatwork, tree trimming and removal, interior and exterior finish work and paining; and d. Any activity for which no national or international testing is available and required for the issuance of a contractor’s license. 3. Any person who is an owner of the property (whether residential or otherwise) may, personally, perform all building repairs and maintenance, including those requiring physical installation, modification, or alteration of electrical, plumbing, HVAC, fuel gas, or structural elements of the property without a contractor’s license provided the property is not for immediate sale. D. Owners/landlords performing work as describe in Section 5.36.0?? remain subject to state, local and municipal codes, and shall obtain building permits and are subject to inspections and all other regulations as required under Title 15 and elsewhere in this code. ---PAGE BREAK--- 5.26.020 - License Defined. A license is authority granted to the person to whom it is issued to perform permitted construction or demolition. 5.26.030 - Appeal of license denial. Any applicant who is refused a contractor’s license by the administration authority may appeal to the Board of Appeals within thirty (30) days after the date of refusal. 5.26.040 - Duties and responsibilities of contractor. Any contractor licensed under this chapter shall be responsible for: 1. All work included in his/her contract whether or not such work is done by the contractor directly or by a subcontractor; 2. Obtaining permits and licenses required for work performed by the contractor or under his/her contract’ 3. Verifying that a permit has been issued for the work being performed; 4. All funds or property received by the contractor for completion of a specific contract or for a specific purpose; 5. Making sure all work performed is by a licensed contractor or an employee of a licensed contractor; 6. Presenting the appropriate license when required by the Planning and Community Development Staff or building official; 7. Completing all work according to the plans and specifications as permitted and approved by the Planning and Community Development Department; 8. Completing all work authorized on the permit issued; 9. Call for inspections when required by the adopted construction codes or the Planning and Community Development Director or his designee; 10. Paying any fees under the authority of the adopted construction codes and city ordinances. 5.26.050 - Classes of licenses and qualification requirements: There shall be the following classes of licenses and the holder of each license shall be authorized to do the following: A. Contractor Definitions: ---PAGE BREAK--- 1. General Contractor – A person qualified and experienced in contracting and overseeing the completion of any construction project, including the work subcontracted to other licensed contractors. 2. Building Contractor – A person licensed to construct any building three stores or less in height, including overseeing the work subcontracted to other licensed contractors. 3. Residential Contractor – A person licensed to construct one and two family residential buildings, including overseeing the work performed by other licensed contractors. B. Subcontractor Definitions. 1. Master Plumber with Gas Piping – A person licensed to contract or install plumbing systems and gas in all structures. 2. Residential Plumber with Gas Piping – A person licensed to install residential (one and two family) plumbing systems and gas under the supervision of a licensed master plumber. 3. Journeyman Plumber with Gas Piping – A person licensed to install plumbing systems and gas under the supervision of a licensed master plumber. 4. Master HVAC – A person licensed to contract or install heating, ventilation, air conditioning, refrigeration, and related systems in all structures. 5. Journeyman HVAC – A person licensed to install heating, ventilation, air conditioning, refrigeration, and related systems under the supervision of a licensed master HVAC. 6. Fire Suppression Contractor – A person licensed to contract or install fire suppression systems in all structures. 7. Concrete Contractor (Structural) – A person licensed for placement of any concrete. 8. Concrete Contractor (Non-structural) – A person licensed for nonstructural flat work only. 9. General Roofing Contractor – A person licensed for installation of any roof covering material. 10. Shingle Roof Contractor – A person licensed for shingled roofing material installations. 11. Landscape/Irrigation Contractor – A person licensed to install landscaping and/or irrigation systems, but not the connection to the electrical or plumbing system. 12. Electrical Contractor – A person licensed as an electrical contractor by the State of Wyoming. 13. Limited Low Voltage Contractor – A person licensed through the State of Wyoming as a low voltage contractor. 14. Grading/Utilities – A person licensed to provide grading work for construction projects, roads, and related work and/or the installation of water and sewer lines from the main lines to the building. 15. Exterior Wall Coverings – A person licensed to install exterior weatherproof wall coverings, and windows. 16. Interior Finish – A person licensed to install interior finishes such as; interior wall coverings, drop ceilings, and framing or any interior installations as approved by the building official. 17. Main line Utilities Contractor – A person licensed for the installation of utilities, electrical, water and sewer, gas, cable television, communications, satellites systems, etc. This includes the installation of main lines and individual feeds. 18. Arborist - A persons licensed to trim or remove trees. 19. Sewer Maintenance – A person licensed for drain or septic cleaning. ---PAGE BREAK--- C. Qualification Requirements. 1. Applicants desiring to obtain a contractor’s license must have required level of experience, and successfully pass the appropriate Wyoming Trades Certification Program test or the appropriate International Code Council test. 2. Any license application or renewal postdated after December 31, for the upcoming year will be assessed as per approved fee schedule. 3. Any licensed contractor may do required work that is incidental to the licensed work as approved by the Planning and Community Development Director. 4. Confirmation of experience will be confirmed by W-2 records, pay stubs, insurance records, copes of prior licenses, worker’s compensation records. Other means of verification will be considered. 5. Any unlisted contractors, test type, fees, and insurance will be reviewed by the Planning and Community Development Director. 6. Apprenticeship cards for plumbing and mechanical may be obtained from the Planning and Community Development Director, for work verification purposes only. 7. Subsequent to the adoption of the ordinance codified in this chapter, all new applicants for a contractor’s license must meet the new requirements as adopted. Contractors renewing a license must meet the requirements as originally licensed. 8. If a contractor’s license lapses for more than sixty (60) days for any reason, the applicant may apply the for a new contractor’s license and meet all the requirements as a new applicant. 9. Applicants meeting the licensing requirements may take the appropriate trades test. If applicants fails the test, the test may be retaken in thirty (30) days from the last test date. If the applicant fails again, the applicant may retake that test every ninety (90) days thereafter. 10. Any applicant protesting a license decision made by the Planning and Community Development Director may appeal that decision to the Board of Appeals. 5.26.060 - Application Procedure. A. Applications for license shall be made at the Planning and Community Development Department, City of Douglas. Upon review and approval by the Planning and Community Development Director or his authorized representative and on payment of the required fees the Planning and Community Development Department of his designee shall issue the appropriate license. The license application required in this section shall contain: 1. Applicant’s name; 2. Business address, zip code, telephone number, and/or cell number; 3. Type of license desired; 4. Refrigeration contractors must provide a copy of federal refrigeration certification; 5. State-licensed electrical contractors must provide a photocopy of current State of Wyoming electrical license; 6. Owner’s name, residence, address and telephone number; ---PAGE BREAK--- 7. Manager’s name, residence, address and telephone number; 8. Year for which such license is sought; 9. Proof of liability insurance in the minimum amount as stated in the approved fee schedule; 10. Any other relevant information required by the term so the provision spertaining to the license sought; 11. Proof of experience as outlined in herein; A. Non issuance of license shall entitle the applicant to a full refund of the fee. 5.26.070 - Proof of ability and experience. A. Anyone wishing to obtain a city contractor’s license must provide proof of ability and experience in the construction discipline for which the license in sought. Proof of ability will consist of successful completion of certification test through the Wyoming Trade Certification Program or the appropriate I.C.C. test, if available. B. Proof of experience will be verified by W-2 records, pay stubs, insurance records, prior contractor licenses, or worker’s compensation records. Any other verification may be considered at the discretion of the Planning and Community Development Director. 5.26.080 - Expiration of License. All licenses shall expire with the calendar year in which the same are issued, and all licenses shall be issued on a calendar year basis only. 5.26.090 - Partial payment prohibited. No partial payment shall be accepted by the City Council for any license fee. 5.26.100 - Fees. The City shall collect fees as per Fee Schedule as approved by the City Council. 5.26.110 - Suspension or revocation of license. A. Suspension. The Planning and Community Development Director may suspend a contractor’s license if the contractor commits any of the following acts or omissions: 1. Failure to pay, within a reasonable amount of time, any city fees generated from the contractor’s business. License shall be suspended until such time as fees and any penalty have been paid to the City; 2. Any licensed contractor, whose liability insurance of bond is suspended for any reason, shall automatically have his/her contractor’s license suspended. Once the City has been notified of lapse in coverage, the Planning and Community Development Director shall then notify the contractor in writing of the suspension; ---PAGE BREAK--- 3. Any willful, intentional or continuing violation(s) of municipal and/or construction codes. In any such instances, the license will be: a. Reinstated upon proof of compliance o the satisfaction of the Planning and Development Director or his designee, or b. Subject to revocation according the revocation procedures of this section; 4. A reinstatement fee, as per fee schedule, shall be assessed and the license reinstated when proof of current documentation for license has been provided to the Planning and Community Development Department. B. Revocation. The Planning and Community Development Director may revoke a license when the licensee commits one or more of the following acts of mission: 1. Failure to comply with any of the licensee’s responsibilities as outlines in this chapter; 2. Knowingly combining or conspiring with any person by permitting one’s license to be used by such a person; 3. By acting as agent, partner, associate, or in any other capacity with any person to evade the provisions of the adopted construction codes, or municipal code; 4. Willful, intentional or continuing violations of municipal or construction codes. C. When any of the acts or omissions as enumerated in this section are committed by a licensee and the Planning and Community Development Director deems that such license should be revoked, the procedures shall be as follows: 1. The licensee shall be notified, in writing, by certified mail by the Planning and Community Development Director; 2. The licensee may submit grievance to the Board of Appeals for hearing; 3. The licensee may submit grievance in writing at least seven working days prior to the Board of Appeals meeting; 4. When a hearing is requested by the Planning and Community Development Director, the licensee will be notified of the time, date, and place of the meeting; 5. When a hearing is conducted, the licensee and other interested parties may be in attendance; 6. Upon completion of the hearing the Board of Appeals will take all evidence admitted under the advisement and shall notify the licensee of their findings and ruling in writing by certified mail. 5.26.120 Reserved. 5.26.130 Reserved. Section 15. Douglas Municipal Code Sections 1.04.050, 1.04.060 and 2.08.060, by reference, are incorporated herein and made a part hereof. ---PAGE BREAK--- Attest: Karen Rimmer, City Clerk Bruce A. Jones, Mayor Passed and Approved on First Reading this day of 20__. Passed and Approved on Second Reading this day of 20__. Passed, Approved, and Adopted on Third and Final Reading this ___day of 20__. Published: ATTESTATION I, Karen Rimmer, the Clerk of the City of Douglas, Wyoming, do hereby attest and state that the above ordinance was published/posted in the manner required by law and that all procedures required by Wyoming State law were complied with. Karen Rimmer, City Clerk