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2178ORDINANCE NO 2178 AN ORDINANCE AMENDING SECTION 9 -301 OF THE CITY OF BLAIR MUNICIPAL CODE BY ADOPTING THE 2009 INTERNATIONAL RESIDENTIAL CODE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT. SECTION 1. Section 9 -301 of the City of Blair Municipal Cod is hereby amended to read as follows: Sec. 9 -301 HOUSING CODE; ADOPTED BY REFERENCE. To provide certain minimum standards, provisions and requirements for safe and stable design, methods of construction, and uses of materials in houses hereafter erected, constructed, enlarged, altered, repaired, relocated, and converted, the International Residential Code, 2009 edition, including all appendices, as recommended and published by the International Code Council, Inc., in book or pamphlet form, is hereby incorporated by reference, and the adoption of such Code by reference shall be construed to incorporate any amendments or revised editions to such International Residential Code as though printed in full herein, insofar as said International Residential Code and any amendments or revised editions do not conflict with the statutes of the State of Nebraska and so long as one copy of such International Residential Code shall at all times be kept current in the office of the Blair City Clerk. Such International Residential Code shall also include all amendments, deletions, or additions which the City Council and Mayor may make from time to time. Copies of the International Residential Code, as amended, are on file at the office of the Municipal Clerk pursuant to state statutes and are available for public inspection during the regular hours the Municipal offices are open. The provisions of the International Residential Code shall be controlling throughout the Municipality and throughout its zoning jurisdiction. SECTION 2. The above referenced code shall be amended according to the changes shown in Exhibit A. SECTION 3. This Ordinance shall repeal and replace Ordinance No. 1904 of the City of Blair, Nebraska, once it becomes enacted. SECTION 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Blair, Nebraska hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTIONS. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect January 1, 2010, from and after the date of its final passage and adoption. PASSED AND APPROVED this 24th day of November, 2009. ATTEST: RNDA R. WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) .ss: WASHINGTON COUNTY ) CITY OF BLAIR, NEBRASKA S E. REALPH, MAYOR BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed at a regular meeting of the Mayor and City Council of said City held on the 24th day of November, 2009. BRENDA R. WHEELER, CITY CLERK Permits shall not be required for the following: 1. Decks that are not more than 30 inches above grade at any point, and are not attached to a dwelling, and do not serve the exit door required by Section R311.4, and do not extend into the city's right of way. EXHIBIT A The International Residential Code, 2009 Edition, is amended with the following changes. 1. Section R105.2 Work exempt from permit. Permits shall be required for the following: 1. One -story detached accessory structures which: a. Have with a floor area exceeding 120 square feet, or b. Are permanently attached to the ground or a concrete pad, or c. Have permanent electrical service, either as a new service or from the primary residence. 2. All fences, regardless of height. 3. All driveways. 4. Decks that are not more than 30 inches above grade at any point, and are not attached to a dwelling, and do not serve the exit door required by Section R311.4, which extend into the city's right of way. An easement from the city is also required. 2. Section R313 Automatic Fire Sprinkler Systems The entire section, including all subsections, is eliminated and replaced with Section R317 — Dwelling Unit Separation from the International Residential Code, 2006 Edition. 3. Appendix F Radon Control Methods. The entire appendix is eliminated.