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2239ORDINANCE NO 2239 COUNCIL MEMBER STEWART INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AMENDING THE BLAIR MUNICIPAL CODE, CHAPTER 9, ARTICLE 3, SECTION 9 -301 HOUSING CODE ADOPTED BY REFERENCE IN REGARD TO SWIMMING POOLS; 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. 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: One -story detached accessory structures which: Have with a floor area exceeding 120 square feet, or Are permanently attached to the ground or a concrete pad, or Have permanent electrical service, either as a new service or from the primary residence. All fences, regardless of height. All driveways. 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. Permits shall not be required for the following: 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. 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. Section R314.3.1 Smoke Alarms — Alterations, repairs and additions The following Exceptions are added: 3. Permits limited to the installation, alteration or repairs of electrical systems are exempt from the requirements of this section. 4. Permits not involving the addition or remodeling of one or more sleeping rooms are exempt from the requirements of this section. 4. Section R315.2 Carbon Monoxide Alarms — Where required in existing dwellings The following Exceptions are added: 1. Work involving the exterior surfaces of dwellings, or the addition or replacement of windows and doors, or the addition of a porch or deck, are exempt from the requirements of this section. 2. Permits limited to the installation, alteration or repairs of plumbing, mechanical or electrical systems are exempt from the requirements of this section. 3. Permits not involving the addition or remodeling of one or more sleeping rooms are exempt from the requirements of this section. 5. Appendix F Radon Control Methods. The entire appendix is eliminated. 6. Appendix G Swimming Pools, Spas and Hot Tubs Amend Section AG105.2 (10) Outdoor Swimming Pools by eliminating the following: 10. Where an above - ground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure and the means of access is a ladder or steps; 10.1 The ladder or steps shall be capable of being secured, locked or removed to prevent access; or 10.2 The ladder or steps shall be surrounded by a barrier which meets the requirements of Section AG105.2, Items 1 through 9. When the ladder or steps are secured, locked or removed, any opening created shall not allow the passage of a 4- inch - diameter (102 mm) sphere. 7. Appendix G Swimming Pools, Spas and Hot Tubs Amend Section AG105.2 Outdoor Swimming Pools by inserting the following subsection 10: 10. Where a wall of a dwelling does not serve as part of the barrier, the primary pedestrian access gate shall also be equipped with an alarm which produces an audible warning when the gate is opened. A remote receiver, activated by the gate alarm, shall also be installed inside the dwelling. The alarm shall be listed and labeled in accordance with UL 2017. Where the deactivation switch is located less than 54 inches from the bottom of the gate, the deactivation switch and openings shall comply with the following: a. The deactivation switch shall be located on the pool side of the gate at least 3 inches below the top of the gate; and b. The gate and barrier shall have no opening larger than V2 inch within 18 inches of the deactivation switch. SECTION 2. 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. SECTION 3. All ordinances, resolutions or orders or parts thereof in conflict with the provisions of this Ordinance are to the extent of such conflict hereby repealed. SECTION 4. This Ordinance shall be published and shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED this 26th day of March, 2013. CITY OF BLAIR, NEBRASKA (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) 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 26th day of March, 2013. BRENDA R. WHEELER, CITY CLERK