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Home My WebLink AboutORDINANCE 1174Instrument # 414349 RE,XBURG, MADISON, IDAHO, 1-18-2018 10:12:20 AM No. of Pages: 3, Recorded for: CITY �OF REXBURG HI 'I Fee: 0.00 er Deputy, -�.EXBURG, ORDINANCE NO. 1174 AN ORDINANCF OF THE CIFY OF REXBUR('T`, A POLITICAL SUBDIVISION OFTHEST."\'TE OF 113AHO, AMENDING J'HE 2012 VERSION OF THE" INTERNATIONAL, ENERGY C,ONSERVATION CODE ANI)THE IDAHO RESIDENTIA1, CODE; ADOPTING THE 2015 ]N 'ODE; 2015 INTERNATIO AL IN`1'1,74RNA'I`IONAI., BUILDIN(3 C N EXIS'PING BUILDIN(1� CODE; 2012 INTERNATIONAL RESIDEN11 IAI..,, CODE INC LUDIN( I' APPF.NDIX FADON CONl"ROI, ME,11HODS; 2017 IDAHO STATE (UNII"ORNI PLUMBING CODE OR DIVISION OF BUILDINGSAFE`IY C'URRI,'.N1rIL Y ADOP"FED EDITION; 2015 IECC WITH 201,2 AMENDMENTS I -,'OR RESIDENTIAL I ORTION; AMEND ORDINANCE 1109, BY AD011"fIN(`) THE 2015 INTERNATIONAL FIRE CODE ITCL UDINGSTATI-. FIRE MARSHALL AMENDMENTS (IDAPA 18.01-50); 2017 NATIONAL ELECTRICAL CODE (EIF JULY 1, 2017) OR DIVISION OF BUILDIN('13" SAFETY CURRENTLY ADOPTED EDITION; 2015 INTERNA"I'10NAL MECHANICAL CODE OR DIVISION OF CURRENTLY ADOPTED EDITION AS AMENDED - AND A.MFNDING ORDINNCE 11 8 AND ORDINANCE 1059 CSI-; ciTY OFREX BURG; PROVIDING, FOR. SEVERABIL,ln,"; RE1)EAI-,IN(:') CONI -4 'LICTING ORDINANCES AND PROVID ING3 AN I "Fl"'ECITI'V E' DA1 BE IT ORDAINED BY the Mayor and Council. of the C.ity of Rexburg, Idaho: SECTION L That certain documents, three (3) copies of each code of which are on file in the office of the City of Rexburg, Community Development Department of the City of Rexburg, being marked and designated as the Inlernalional Bzdldiq�, Code 20 15 edition as amended,''the Inlernalional E.vislih a Bldldiq Code .20 15 edition as mended; the 20,12 Inlernatiorial Residential Code hiluditiv �A v ' C , ppnli�, I --, Radon ConhTVMethods; 20,17 Idaho, State (uniform) Plumbing Code or Division of Building, Safety currently adopted edition; 2015 International Energ .1 1 ,y Conservation ('ode, (IECC) with CI12 IECC amendments for Residential, portion,- Amend Ordinance 1109 by adopting the 2015 International Fire Code including State Fire Marshall amendments (IDAP18.01,.50); 201,7 National Electrical Code (effective July 1, 2017) or Division of Building Safety currently adopted, edition; 2015 International Mechanical Code or Division of Building Safety currently adopted edition as amended. All published by the International Code Council are herebv adowed as the BuildinLy Code of the Ci1y, of Rexb,11rg, in the State of Idaho for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided:, proving for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terin of said, Building Codes on file in the office of the City of Rexburg Community Development Department are hereby referred to adopted and made a part hereof as if fully set out in this ordinance, with the additions,' insertions, and deletions and changes, if any, prescribed in Section 2 of this ordinance. SECTION II. Code Adoption: That the editions of the following recognized codes as currently adopted by the State of Idaho as the official building codes of the City of Rexburg, including amendments provided below in SI C"I'TON IIT: The adopted versions of the foregoing codes shall be effective January 1, 201 S. The foregoing codes shall be deerned superseded by, successive versions of such, codes as they are adopted or approved by the State of Idaho effective on the, 1st day of January the year following the date any such. codes are made effective fear the state, unless a different date is required, by state statute. A. 2015 International Building Code B. 2015 International Exisffiig Building Code C. 2012 International Residential Code including Appendix l" Radon Control Methods D. 2017 Idaho State (Uniform) Plumbing :ode or Division of Building Safety currently adopted edition E. 2015 IECC with 2012 amendments for Residential portion F. 2015 Idaho Fire Code including State I-11re Marshall amendments G. 2017 National Electrical Code (effective july 1,, 2017) or Division of Building Safety currently adopted edition H. 2015 International Mechanical ("ode or Division of Building Safety currently adopted edition SECTION III: Amendments to, Adopted Coes: The following sections are hereby revised as set forth in the IDAPA 07 Fide 031, Chapter 01 by, the Idaho Building Code Board of the Division of Building Safety, as authorized under Section 39-41.07, I e Idaho Code: (See.Attachment A) IDAPA 0 , I7 1" d 03 I Chapter 01 A. 2012 IRC Edition with the following amendments: 1. Include appendix "F" as adopted to include the radon requirements. 1. Radon Control Methods: Radon is found in significant quantities in most of the Rexburg City limits. Areas on the hill do not, test high and as such, radonlTnitigationis not required. In the rest of the city, radon mitigation is required as per Appendix F of the International Residential Code. The City allows an exception to the ITlitigation by testing, out on a case by case basis. SECTION IV: SEVERAHILITY This ordinance is hereby declared to, be severable. Should any portion, of this ordinance be declared invalid by a court of competent Jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to, carry out the purpose(s) of the ordinance before the declaration of partial, invalidity. 1 clause or phrase of this SECTION V: "l hat ifany section, subsection, sentence,, ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The Rexburg City Council hereby declares that it would have passed this ordinance, and each section, on,, subsection, clause or phrase thereof, irrespective of the fact that anyone or more sections, ,subsections, sentences,, clauses and phrases be declared unconstitutional. SECTION VI: REPEAL OF CONFLICTING PROVISIONS. All provisions, of the current 1125 ordmiance of the City of Rexburg which conflict with the provisions of this ordinance are hereby repealed to the extent of such, conflict. SECTION VII: That nothing in this ordinance or in the Building Codes hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired or liability incurred, or any cause or causes of action acquired or existing,,, under any act or ordinance hereby, repealed as cited in Section 11 of this ordinance: nor shall any 'ust or legal right or remedy of any character lost, impaired or affected by this ordinance. SECTION VIII: That the City of RexbLug"s Clerk is hereby ordered and directed to cause this ordinance to be published. SECTION IX: Any person, firm,, or corporation violating any provision, of the Building Codes as, described in Section, I of this document, shall upon conviction thereof, be guilty of an infraction, which shall be punishable by a fine not to exceed Three Hundred Dollars ($300.00), in addition to any penalty for any sanction provided for in the adopted Building Code as described in Section I of this document. Each day of violation shall constitute a separate offense. 2 SECTION X.- That this ordinance and the rules, regulations, provisions, recluirements, orders and matter,,, established and adopted hereby shall take effect and be in full force and effect - januan, 01, 2018, or frorn. and after, the date cif its final passage, ad and publication. SECTION X1: 'I City of Rexburg, Idaho City Council shall enact this, Ordinance No. 1174 on the 17" day of,january, 2018., PASSED BYTHE CITY COUNCAL APPROVED BYJ'HE MAYOR, this 17"' day of J'anuaa,0I . Blair 1). lay, City Clerk STATE OF 11)AHO) ) ss. County of Madison ) �L11 Ory Merr* Mayor L, Bl -,AIR 1). KjkY,City Clerk of the city ofRexburg, Idaho,, do hereby certify: That the abov,e and fore -going is a full, true and correct copy of the Ordinance Entitled: AN ORDINANCE OF THF, CTI ,Cela , REXBURG,- A POLITICAL SUBDIVISION OF riHl"'j OFIDAHOI AMENDINGT HE,2012 VERSION OF THE INTERNATIONAL ENERGY CONSERVATION CODE AND THE IDAHO RE I1. CODE; ADOPTING'THE 2015 INFERNATIONAL BUILDING C'ODE; 2015 INTERNATIONAL EXISTIT' (-3, BUII'-.DING CODE;, 2012 INT ERNATIONAI-, RESIDENTIAL CODE INCLUDING APPI`.�INDIXF RADON CONTROL METHODS; 2,017 IDAHO STATE (LJNII'4'ORM) PLUMBING, CODE OR DIVISION OF' BUILDING SAFETY CURRENTLY AD01"I"ED EITTON; 2015 IECC W1'1`H 2012 AMENDMENTS FOR Ill "SIDENTIAL POR711ON; AMEND ORDINANCE 1,10 9 BY ADOPTING THE 2015 Il` 'T"ERNATIONAL, FIRE CODE, INCLUDING STATI"," FIRt;. MARSHALL AMENDMENTS (IDAPA18.01.50); 2017 NATIONAL ELECTRICAL COFFECTIVE ,JU'LY 1, 2017) OR DIVISION OF BUILDING SAFETY GURRENTLY ADOPTED EDITION; 2015INTERNATIONA1, MECHANICAL CODE, OR DIVISION OF BtJ1J',JDIN:(-.3 SAFE'TY CUKRENTLY ADOPTED EDITION AS AMENDED; AND AMI .NDINGJ ORDINANCE1 108 AND ORDINANCE 1059 OF CITY (.)I-` Rl`XBURG,; PROVIDING FOR SE'VERABILITY; REPEA1,ING CONFLICTING ORDINANCESAND A PROVIDING AN El"FECTIVE. DATE. PASSE.D BY71"HE CITY COUNCIL AND APPROVED BY THE MAYOR this 17"' day of January,, 2018. N\\1 a, JL C, Blair D. Kay, City Clerk