2266ORDINANCE NO. 2266
COUNCIL MEMBER KEPHART INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING CHAPTER 9, ARTICLES 2, 3, 4, 5 AND 6 OF THE
MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA IN REFERENCE TO
ADOPTING BUILDING CODE, PROPERTY MAINTENANCE CODE, EXISTING
BUILDING CODE, HOUSING CODE, PLUMBING CODE, MECHANICAL AND
FUEL GAS CODE, ELECTRICAL CODE, FIRE CODE AND ENERGY, REPEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH
AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND
EFFECT; AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN
PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
BLAIR, NEBRASKA:
SECTION 1. Chapter 9, Article 2 of the Municipal Code of the City of Blair,
Nebraska is hereby amended as follows:
Sec. 9 -201 BUILDING 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 buildings hereafter erected, constructed, enlarged,
altered, repaired, relocated, and converted, the International Building 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, insofar as
said International Building Code and any amendments or revised editions do not conflict
with the statutes of the State of Nebraska. Such International Building 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 Building 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 Building Code shall be controlling throughout the Municipality and
throughout its zoning jurisdiction. (Neb. Rev. Stat. §16 -901, 18 -132, 19 -922) (Amended
by Ordinance 1833 3/10/1998; Ordinance 1904 6/27/2000, Ordinance 2266 11/11/2014)
Sec. 9- 201.01: KEY LOCK BOX SAFETY REOUIREMENT.
(a) The following newly constructed structures, if not regularly occupied for
twenty -four (24) hours every day for seven (7) days of the week, shall be
equipped with an approved key lock box at or near the main entrance to the
structure or such other location as designated by the fire chief:
(1) Commercial or industrial structures;
(2) Multi- family residential structures that have restricted access through
locked doors and have a common corridor for access to the living
units;
(3) Governmental structures, places of assembly, healthcare facilities and
nursing care facilities.
(4) All vehicle access gate(s) at the entrance(s) of residential gated
communities.
(b) All existing structures with uses listed in (a)(1) — (a)(4) undertaking additions
or remodeling, if not regularly occupied for twenty -four (24) hours every day
for seven (7) days of the week, shall be equipped with an approved key lock
box at or near the main entrance to the structure or such other location as
designated by the fire chief.
(c) The fire chief, working with the city's building department, shall designate
the type of key lock box system and system code to be implemented within
the city.
(d) The owner or operator of a structure required to have a key lock box shall at
all times keep a key in the lock box that will allow for access to the structure.
(e) The fire chief shall implement and enforce rules and regulations for the
authorized use of the lock box system by fire department personnel and
volunteers. Such rules and regulations shall be approved by the city council.
(f) All structures subject hereto shall be required to install a key lock box system
prior to the issuance of any occupancy permit.
(g) Building owners who object to the key lock box because of concerns
regarding security may sign a waiver exempting a structure from
requirements a - f. Such waiver shall clearly state the benefits of utilizing a
lock box, and shall acknowledge that during a fire call the fire department
shall gain access into the building through alternative means (Amended by
Ordinance 22518/13/2013).
Sec. 9 -202 PROPERTY MAINTENANCE CODE: ADOPTED BY REFERENCE.
That the above - described Code, a copy of which is kept on file in the office of the City
Clerk of the City of Blair, Nebraska, being marked and designated as the International
Property Maintenance Code, 2009 edition, as published by the International Code
Council, be and is hereby adopted as the Property Maintenance Code for the City of
Blair, Nebraska, insofar as said International Property Maintenance Code and any
amendments or revised editions do not conflict with the statutes of the State of Nebraska
Such International Property Maintenance Code shall also include all amendments,
deletions or additions which the City Council and Mayor may make from time to time.
The International Property Maintenance Code is 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 existing structures as herein provided; providing for the issuance of
permits and collection of fees therefore. Copies of the International Property Maintenance
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 Property Maintenance Code shall be
controlling throughout the Municipality and throughout its zoning jurisdiction.
The above referenced Property Maintenance Code shall be amended as follows
Section 103.1 Shall be eliminated
Section 103.2 Shall be amended to state that the Assistant City
Administrator or his /her designee shall serve as the Code Official
for the City of Blair.
Section 103.3 Shall be amended to state the Code Official shall have the
authority to designate technical officers, inspectors and other
employees.
Section 111.1 Board of Appeals shall be the same as the City of Blair
Housing Appeal Board.
Section 111.2 Shall be amended to read as follows: The Code Official
shall be an ex- official member, but shall have no vote on any
matter before the Housing Appeal Board.
Section 111.2.1 Shall be eliminated
Section 111.2.4 The Code Official shall designate a qualified person and secretary.
Section 111.2.5 Shall be amended to state that all Board Members shall serve
without compensation.
Section 302.4 Shall state plant growth in excess of 12" in height.
(Amended by Ordinance 1904 6/27/2000; Ordinance 2196 11/23/2010; Ordinance 2266
11/11/2014)
Sec. 9 -203 EXISTING BUILDING CODE; ADOPTED BY REFERENCE. To
provide flexibility to permit the use of alternative approaches to achieve compliance with
minimum requirements to safeguard the public health, safety and welfare insofar as they
are affected by the repair, alteration, change of occupancy, addition and relocation of
existing buildings, the International Existing Building 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, insofar as said International
Existing Building Code and any amendments or revised editions do not conflict with the
statutes of the State of Nebraska. Such International Existing Building 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 Existing Building 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 Existing Building Code shall be controlling
throughout the Municipality and throughout its zoning jurisdiction. (Neb. Rev. Stat.
§16 -901, 18 -132, 19 -922) (Amended by Ordinance 2266 11/11/2014)
SECTION 2. Chapter 9, Article 3 of the Municipal Code of the City of Blair,
Nebraska is hereby amended 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,
insofar as said International Residential Code and any amendments or revised editions do
not conflict with the statutes of the State of Nebraska. 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 1 /2 inch within 18
inches of the deactivation switch.
(Amended by Ordinance 1904 6/27/2000; Ordinance 2178 11/24/2009;
Ordinance 2196 11/23/2010; Ordinance 2239 3/26/13)
SECTION 3. Chapter 9, Article 4 of the Municipal Code of the City of Blair,
Nebraska is hereby amended as follows:
Article 4. Plumbing, Mechanical and Fuel Gas Codes
Sec. 9 -401 PLUMBING CODE; ADOPTED BY REFERENCE. To provide certain
minimum standards, provisions and requirements for safe and stable installation, methods
of connection, and uses of materials in the installation of plumbing and heating, the
International Plumbing 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, insofar as said International Plumbing Code and any
amendments or revised editions do not conflict with the statutes of the State of Nebraska
Such International Plumbing 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 Plumbing 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 Plumbing Code shall
be controlling throughout the Municipality and throughout its zoning jurisdiction.
(Amended by Ordinance 1833 3/10/1998; Ordinance 1904 6/27/2000; Ordinance 2266
11/11/2014)
Sec. 9 -402 Repealed by Ordinance 2266 11/11/2014
Sec. 9 -403 MECHANICAL AND FUEL GAS CODES; ADOPTED BY
REFERENCE To provide certain minimum standards, provisions and requirements for
safe and stable design, construction, quality of materials, erection, installation, alteration,
relocation, replacement, use or maintenance of mechanical systems, the International
Mechanical Code, 2009 edition, and the International Fuel Gas Code, 2009 edition,
including all appendices, as recommended and published by the International Code
Council, Inc., in book or pamphlet form, are hereby incorporated by reference, insofar as
said International Mechanical Code, and International Fuel Gas Code, and any
amendments or revised editions do not conflict with the statutes of the State of Nebraska.
Such International Mechanical Code and International Fuel Gas 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 Mechanical Code and the International
Fuel Gas 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 Mechanical Code and the
International Fuel Gas Code shall be controlling throughout the Municipality and
throughout its zoning jurisdiction. (Amended by Ordinance 1904 6/27/2000; Ordinance
2266 11/11/2014)
SECTION 4. Chapter 9, Article 5 of the Municipal Code of the City of Blair,
Nebraska is hereby amended as follows:
Article 5. Electrical and Fire Codes
Sec. 9 -501 ELECTRICAL CODE; ADOPTED BY REFERENCE. To provide
certain minimum standards, provisions and requirements for safe and fire proof
installation, methods of connection, and uses of materials in the installation of electrical
wiring and appliances, the National Electrical Code, 2011 edition, as recommended and
published by the National Fire Protection Association, and printed in book or pamphlet
form, is hereby incorporated by reference, insofar as said National Electrical Code and
any amendments or revised editions do not conflict with the statutes of the State of
Nebraska. Such National Electrical Code shall also include all amendments, deletions or
additions which the City Council and Mayor may make from time to time. Copies of the
National Electrical Code 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 National Electrical Code shall be controlling
throughout the Municipality and throughout its zoning jurisdiction. (Amended by
Ordinance 1833 3/10/1998; Ordinance 2266 11/11/2014)
Sec. 9 -502 FIRE CODE; ADOPTED BY REFERENCE To provide certain minimum
standards, provisions, and requirements for safe and fire proof installations and other
matters affecting or relating to structures, processes, and premises from the hazard of fire
and explosion, the International Fire Code, 2009 edition, as recommended and published
by the International Code Council, Inc., and printed in book or pamphlet form is hereby
incorporated by reference, insofar as said International Fire Code and any amendments
or revised editions do not conflict with the statutes of the State of Nebraska. Such
International Fire 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
Fire 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 Fire Code shall be controlling
throughout the Municipality and throughout its zoning jurisdiction. (Amended by
Ordinance 1904 6/27/2000; Ordinance 2266 11/11/2014)
SECTION 5. Chapter 9, Article 6 of the Municipal Code of the City of Blair,
Nebraska is hereby amended as follows:
Article 6. Energy Code
Sec. 9 -601 ENERGY CODE; ADOPTED BY REFERENCE To provide certain
minimum standards, provisions and requirements to regulate the design and construction
of buildings for the effective use of energy, with flexibility to permit the use of
innovative approaches and techniques to achieve the effective use of energy while not
abridging safety, health or environmental requirements contained in other applicable
codes or ordinances, the International Energy Conservation 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, insofar as said International
Energy Conservation Code and any amendments or revised editions do not conflict with
the statutes of the State of Nebraska. Such International Energy Conservation 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 Energy Conservation Code, as
amended, are on file at the office of the Municipal Cleric pursuant to state statutes and are
available for public inspection during the regular hours the Municipal offices are open.
The provisions of the International Energy Conservation Code shall be controlling
throughout the Municipality and throughout its zoning jurisdiction.
Sec. 9 -602 through 9 -609 Repealed by Ordinance 226611/11/2014
SECTION 6. That all ordinances or part of ordinances in conflict herewith are
hereby repealed.
SECTION 7. That this ordinance shall be enforced and take effect from and after
its passage, approval and publication as provided by law.
Passed and approved this 1 lth day of November, 2014.
CITY OF BLAIR, NEBRASKA
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J M E. REALPH, MAYOR
ATTEST:
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BiffNDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) SS
COUNTY OF WASHINGTON )
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 11th day of November, 2014.
BRENDA R. WHEELER, CITY CLERK