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TITLE 14 - BUILDINGS AND CONSTRUCTION


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14.04 Building codes

14.08 Electrical code

14.12 Plumbing code

14.16 Repealed

14.20 Mobile homes

14.24 Fire code

14.26 Drive Accesses

14.28 Public buildings

14.32 Public construction

14.36 House numbering

14.40 Building code board of appeals

14.44 Enforcement, penalties, and remedies

14.48 Appeals and exceptions



CHAPTER 14.04
BUILDING CODES


For charter provisions authorizing adoption of codes by reference, see City Charter §II-15.

 

Repeal of former Title 14.COrdinance Number 650, effective December 16, 1982, repealed former Title 14 and enacted new Title 14 in lieu of the repealed provisions.

Former Title 14 derived from CCK §5.3.1 to 5.3.14; CCK §5.4.1 to 5.4.14; CCK §5.4.17 to 5.4.23; CCK §5.5.4, 5.5.5; CCK §5.15.1; CCK §5.18.1 to 5.18.8; Ord. 334, 1969; Ord. 354, 1971; Ord. 376, 1972; Ord. 393, 1973; Ord. 404, 1973; Ord. 408, 1973; Ord. 417, 1974; Ord. 425, 1974; Ord. 426, 1974; Ord. 431, 1975; Ord. 439, 1975; Ord. 501, 1977; Ord. 529, 1978; Ord. 535, 1978.



14.04.010 Adoption of building and other codes

14.04.020 Copies on file/sale

14.04.025 Plan check

14.04.030 Repealed

14.04.040 Repealed

14.04.050 Fees; required

14.04.060 Fire zones

14.04.070 Temporary structures

14.04.080 Repealed

14.04.081 Repealed

14.04.090 Roof snow load

14.04.100 Repealed

14.04.110 Repealed

14.04.120 Footings; general

14.04.130 Repealed

14.04.140 Repealed



14.04.010 Adoption of building and other codes
. The following codes are hereby adopted by reference as the building codes for the city of Kodiak: a) 2006 International Building Code, as adopted with revisions in 13 AAC 50.020 in effect as of September 17, 2007, and including Appendix H, Signs, for all buildings except one and two family dwellings and residential accessory buildings, provided that the following revisions to the 2006 International Building Code in 13 AAC 50.020 are not adopted: (i) the deletion in 13 AAC 050.20 (1) of Sections 103,104.4, 104.6, 104.8, 105.4, 106.5, 108.2, 108.4, 108.5, and 109 to 115; and (ii) the revisions in 13 AAC 050.020 (7), (8), (9), (10), (11), (16), (17), (66), (73), (74), and (78).
    b) 1997 Uniform Building Code for one and two family dwellings and residential accessory buildings, including excerpts from Appendix Chapter 23, which are included in the uniform Building Code Vol.1; options to Appendix Chapter 23, for exposure C and D High Wind Wall Framing and Wood Piles, by Barry Still.
    c) 2006 International Building Code Appendix J, Grading.
    d) 2006 Uniform Plumbing Code, as adopted with revisions in 8 AAC 63.010 in effect as of September 27, 2008, Appendix Chapter B, Explanatory Notes on Combination Waste and Vent Systems; and Appendix Chapter H, Recommended Procedures for Sizing Commercial Kitchen Grease Interceptors.
    e) 2006 International Mechanical Code, as adopted with revisions in 13 AAC 50.023 in effect as September 17, 2007, except for the deletions in 13 AAC 50.023(1) of Sections 103, 104, and 106 to 109 of the 2006 International Mechanical Code.
    f) 2008 National Electric Code:
        1. New Section 300.4(G) is amended to read as follows:
            Thermoplastic type insulated conductors may not be installed when the working environment is below 20° Fahrenheit.
        2. Section 410.8 is amended to read as follows:
            410.8 Luminaries (Fixtures) and Transformers in Closets.
    g) 1997 Uniform Code for Abatement of Dangerous Buildings.
    h) 1997 Uniform Housing Code.
    i) 2006 International Fuel Gas Code, Chapters 6 and 7.

They are adopted to regulate erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area and maintenance of buildings or structures in the city of Kodiak; to provide for the issuance of permits and collection of fees therefore, and to provide penalties for violations of those regulations. The building codes so adopted shall be interpreted, administered, and enforced with the local amendments hereinafter specifically set forth, by the city building official who is authorized to take such action as may be reasonably necessary to enforce the purposes of this section. The city manager may appoint or authorize an assistant or agent to the building official if necessary to carry out the provisions of this section. (Ord. 1195a §1, 2005; Ord. 1145 §1, 2002; Ord. 1099, 1999; Ord. 1045 §1, 1997; Ord. 936 §1, 1992; Ord. 914 §1, 1991; Ord. 904, 1991; Ord. 836 § 1, 1988; Ord. 722 §1, 1984; Ord. 650 (part), 1982)

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14.04.020 Copies on file/sale
. After adoption, the building official shall provide for sale, to those interested, copies of all codes adopted pursuant to section 14.04.010. At least three copies of each code of technical regulations adopted by reference in section 14.04.010 shall be kept at the Building Department office. (Ord. 1195a §2, 2005; Ord. 722 §2, 1984; Ord. 650 (part), 1982)

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14.04.025 Plan check
. (a) Before beginning construction, alteration, or remodeling of all occupancies and buildings, plans and specifications regarding location on the property, area, height, number of stories, type of construction, fire-resistive construction, interior finish, exit facilities, electrical systems, mechanical systems, automatic fire-extinguishing systems, and fire alarm systems must be submitted to the building official for examination and approval.

    (b) When the building official determines it advisable because of the complexity of the plans submitted, the plans may be submitted to the International Code Council (ICC) or a professional plan review service approved by the building official. The person submitting the plans to the building official shall be responsible for the plan review fee.

    (c) Repealed.

    (Ord. 1195a §3, 2005)

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14.04.030 Permits required
. Repealed by Ordinance No. 1195a §4, effective November 4, 2005. (Ord. 794, 1986; Ord. 722 §3, 1984; Ord. 650 (part), 1982)

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14.04.040 License required; permit exception
. Repealed by Ordinance Number 941, effective September 12, 1992. Repealed §14.04.040 derived from Ordinance Number 722, Ordinance Number 662, and Ordinance Number 650.

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14.04.050 Fees; required
. (a) All building permit fees and charges and all water and sewer connection fees associated with the construction which the permit authorizes shall be paid in full prior to issuance of the permit.

    (b) The fees and charges for building permits and services associated with such permits shall be established by resolution of the city council. (Ord. 979 §4, 1993; Ord. 938 §2, 1992; Ord. 650 (part), 1982)

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14.04.060 Fire zones
. Repealed by Ordinance Number 1049, effective June 1, 1997.

Repealed section 14.04.060 derived from Ordinance Number 650 (part), 1982.

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14.04.070 Temporary structures
. (a) Temporary structures, necessary for a construction project, may be erected, located, or maintained for a period of not more than 180 days. The location of the temporary structure must be approved by the Building Department.
    (b) No certificate of occupancy or certification of project completion shall be issued until the temporary structure is removed. If the building official feels it is necessary to do a re-inspection after a job has been completed, the fee for such re-inspection shall be as established by resolution of the city council.
(Ord. 1246 § 3, 2009; Ord. 951 §10 and 11, 1993; Ord. 836 §3, 1988; Ord. 710 §1, 1984; Ord. 650 (part), 1982)
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14.04.080 Crawl space access. Repealed by Ordinance Number 722, effective May 26, 1984.

Repealed §14.04.080 derived from Ordinance Number 650.

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14.04.081 Basic wind speed
. Repealed by Ordinance No. 1195a §5, effective November 4, 2005. (Ord. 722 §6, 1984)

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14.04.090 Roof snow load
. The basic design snow load shall be not less than 40 pounds per square foot on the horizontal projection of the roof. At the discretion of the building official the snow load may be increased depending on the exposure. (Ord. 836 §4, 1988; Ord. 650 (part), 1982)

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14.04.100 Special design; general
. Repealed by Ordinance Number 722, effective May 26, 1984.

Repealed §14.04.100 derived from Ordinance Number 650.

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14.04.110 Earthquake regulations; symbols and notations
. Repealed by Ordinance Number 836, effective June 11, 1988.

Repealed §14.04.110 derived from Ordinance Number 650.

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14.04.120 Footings; general
. Exterior porch and entrance platforms or landings constructed of any material shall be anchored to and supported by the building foundation wall at the point of junction. The outer edges of such platforms or landings shall be supported on concrete or masonry walls or piers extending a minimum of 36 inches below finish grade. This shall not apply to cantilevered platforms or landings, nor shall it apply to concrete platforms or landings not supporting any part of a building and extending no more than 8 inches above finish grade.

    EXCEPTIONS: In lieu of extending footings below the frost line, one of the following may be used, but in no case shall the footing extend less than the minimum cover depth required by the building code:

(1) Place footings on natural sand or gravel backfill compacted to 95 percent standard density. The minimum width of the compacted sand or gravel shall be twice the depth plus the width of the footing, except where the water table is within the depth of frost penetration, in which case the footings shall extend below frost line, 36 inches or as required by the building official.

(2) Place footings at a depth and in a type of soil so that allowable soil bearing pressure may be calculated as prescribed elsewhere in this code.

(Ord. 1195a §6, 2005; Ord. 722 §8, 1984; Ord. 650 (part), 1982)

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14.04.130 Exit illumination
. Repealed by Ordinance Number 722, effective May 26, 1984.

Repealed §14.04.130 derived from Ordinance Number 650.

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14.04.140 Code; exception
. Repealed by Ordinance Number 1145, effective June 23, 2002. Repealed §14.04.140 derived from Ordinance Number 936 §2.

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14.04.150 Certificate of Occupancy.
(a) It is unlawful to occupy or inhabit any building or structure for which a certificate of occupancy has not been issued by the building official as provided in this title.

    (b) The building official shall issue a certificate of occupancy upon completion of each building or structure found to be in compliance with the terms of this title and rules adopted hereby.

    (c) Falsification of a certificate of occupancy for a building or structure not in conformity with such certificates shall be deemed a violation of this title.

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CHAPTER 14.08

ELECTRICAL CODE



14.08.010 Administration and enforcement

14.08.020 License required

14.08.030 Use of licensee's name by another

14.08.040 Permit; exception

14.08.050 Permit application

14.08.060 Permit fees



14.08.010 Administration and enforcement
. The administration and enforcement of this chapter shall be the duty of the city building official who is authorized to take such action as may be reasonably necessary to enforce the purposes of this code. The city manager may appoint or authorize an assistant or agent to the building official if necessary to carry out the provisions of this code. (Ord. 650 (part), 1982)

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14.08.020 License required
. No individual shall engage in the business of electrical installation in the city unless licensed as an electrical contractor by the state of Alaska and carrying a valid Alaska state contractor's license under the provisions of this code. No person shall engage in the businesses of installing, repairing, or altering electrical systems unless the electrical work performed in the course of such business is done by a person holding a state fitness card and is under the direction of a licensed electrical contractor. (Ord. 650 (part), 1982)

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14.08.030 Use of licensee's name by another
. No person who has obtained an electrical contractor's license shall allow his name to be used by another person either for the purpose of obtaining permits or doing business or work under the license. (Ord. 650 (part), 1982)

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14.08.040 Permit; exception
. (a) Any permit required by this code may be issued to any person to do any work regulated by this code in a single family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings, provided the person is the bona fide owner of such dwelling and that the same will be occupied by the owner.

    (b) No person shall apply for a second permit under this exception within a twelve-month period for purposes of new construction. (Ord. 662 (part), 1983; Ord. 650 (part), 1982)

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14.08.050 Permit application
. Application for permits shall be made on suitable forms provided by the building official. The application shall be accompanied by fees in accordance with the schedule of fees set forth in section 14.08.060. (Ord. 650 (part), 1982)

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14.08.060 Permit fees
. The fees and charges for permits for electrical work and services associated with such permits shall be established by resolution or motion of the city council. (Ord. 938 §3, 1992; Ord. 836 §6, 1988; Ord. 650 (part), 1982)

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CHAPTER 14.12

PLUMBING CODE



14.12.010 Administration and enforcement

14.12.020 License required

14.12.030 Use of licensee's name by another

14.12.040 Permit; exception

14.12.050 Permit application

14.12.060 Repealed

14.12.070 Inspections

14.12.080 Repealed



14.12.010 Administration and enforcement
. The administration and enforcement of this chapter shall be the duty of the city building official, who is authorized to take such action as may be reasonably necessary to enforce the purposes of this code. The city manager may appoint or authorize an assistant or agent to the building official if necessary to carry out the provisions of this code. (Ord. 650 (part), 1982)

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14.12.020 License required
. No individual shall engage in the business of plumbing in the city unless licensed as a plumber by the state of Alaska and carrying a valid Alaska state contractor's license under the provisions of this code. No person shall engage in the business of installing, repairing, or altering plumbing unless the individual holds a state fitness card and is under the direct supervision of a licensed plumber. (Ord. 650 (part), 1982)

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14.12.030 Use of licensee's name by another
. No person who has obtained a plumbing contractor's license shall allow the contractor's name to be used by another person either for the purpose of obtaining permits or doing business or work under the license. (Ord. 650 (part), 1982)

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14.12.040 Permit; exception
. (a) Any permit required by this code may be issued to any person to do any work regulated by this code in a single family or duplex dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such building, provided the person is the bona fide owner of such dwelling and that the same will be occupied by the owner.

    (b) No person shall apply for a second permit under this exception within a twelve-month period for purposes of new construction. (Ord. 722 §10, 1984; Ord. 662 (part), 1983; Ord. 650 (part), 1982)

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14.12.050 Permit application
. Application for permit shall be made on suitable forms provided by the building official. The application shall be accompanied by any required fees established by resolution or motion of the city council. (Ord. 938 §5, 1992; Ord. 650 (part), 1982)

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14.12.060 Permit fees
. Repealed by Ordinance Number 938, effective July 1, 1992.

Repealed §14.12.060 derived from Ordinances 722 and 650.

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14.12.070 Inspections
. All plumbing and drainage systems shall be inspected by the building official to ensure compliance with all requirements of this code. (Ord. 650 (part), 1982)

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14.12.080 Code; exception
. Repealed by Ordinance No. 1195a §7, effective November 4, 2005.

 

(Ord. 914 §2, 1991)

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CHAPTER 14.16

HOUSING CODE

 


Repeal of Chapter 14.16COrdinance Number 836, effective June 11, 1988, repealed former Chapter 14.16.

Former Chapter 14.16 derived from Ord. 650, 1982.

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CHAPTER 14.20

MOBILE HOMES



14.20.010 Definitions

14.20.020 Mobile home construction standards

14.20.030 Location; prohibited; exceptions; temporary visitor permit

14.20.040 Repealed

14.20.050 Violation; penalty



14.20.010 Definitions
. (a) "Mobile home" means a structure transportable in one or more sections, which is eight body feet or more in width and is thirty-two body feet or more in length, and which is built on a permanent chassis, and designed to be used as a dwelling with or without a permanent foundation, when connected to the required utilities.

    (b) "Mobile home park" means any area, or premises where space for two or more mobile homes is rented, held out for rent, or for which free occupancy is permitted to users for the purpose of securing their trade.

    (c) "Recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. Examples are: travel trailers, camping trailers, truck campers, and motor homes. (Ord. 650 (part), 1982)

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14.20.020 Mobile home construction standards
. Any mobile home intended to be placed in a mobile home park within the city of Kodiak must conform to the standards set forth in the code of federal regulations, title 24, part 3280, titled "Manufactured Home Construction and Safety Standards. (Ord. 836 §8, 1988; Ord. 650 (part), 1982)

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14.20.030 Location; prohibited; exceptions; temporary visitor permit
. (a) The parking or otherwise locating of mobile homes for any purpose other than storage anywhere within the city limits, outside an existing mobile home park, is prohibited.

    (b) The parking or otherwise locating of recreational vehicles for any purpose other than storage anywhere within the city limits, outside an existing mobile home park, is prohibited unless authorized by the terms of a temporary visitor permit or unless the recreational vehicle is located on private property with the permission of the owner of that property and is at least one hundred fifty feet from the nearest public road and all property owned by other persons and for a maximum period of not more than ten weeks in any one calendar year.

(1) The cashier may issue one temporary permit per visitor per 6 month period; said permit not to exceed 14 days which shall be subject to a single renewal for a period not to exceed an additional 7 days. If the permittee fails to vacate or remove the recreational vehicle at the expiration of the permit term and any renewal period granted, the permittee shall become liable to the city for a civil fine in the amount of twenty dollars per day for each day or portion of a day that the recreational vehicle remains on the premises without authorization plus any surcharge required to be imposed by AS 29.25.072. For the purpose of this section "visitor" shall mean a person who journeys to the city for the purpose of a short stay and has been in Kodiak for less than 30 days. The temporary visitor permit will be issued only to recreational vehicles bearing a current license plate. The permit will be issued to the license number except in the case of vehicle-mounted "campers", in which case, the permit will be issued to the license number of the vehicle upon which the camper is mounted. It is not permitted under this section to remove a camper from the licensed vehicle to which the temporary permit applies.

(2) The cashier shall only issue temporary visitor permits for private property. If the applicant desires to park a recreational vehicle on any city-owned property or rights-of-way the permit shall be subject to approval by the Council.

(3) Opportunity for objection to the issuance of a temporary visitor permit issued under this section will be extended to property owners whose property immediately abuts the private property on which the temporary visitor permit is issued or applied for, and on whose property is situated an occupied dwelling. The objection may be made before issuance or during the term of the permit. Any objections filed under this subsection will be reviewed by the council at the next regular council meeting following the filing of the objection; a decision by the council as to the issuance or continuance of the protested permit will be made at that meeting.

(4) The city council may establish by resolution or motion the fees for each original application for a temporary visitor permit and for the renewal of such permits. (Ord. 1081, §16, 1998; Ord. 938 §6, 1992; Ord. 743, 1985; Ord. 697 §2, 1983; Ord. 662 (part), 1983; Ord. 650 (part), 1982)

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14.20.040 Temporary construction housing
. Repealed by Ordinance Number 836, effective June 11, 1988.

Repealed §14.20.040 derived from Ordinances Number 710 and 650.

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14.20.050 Violation; penalty
. The penalty for violation of this chapter shall be as prescribed in section 1.12.010 of this code. Any person, firm, association, or corporation who violates any provision of this chapter shall remove the mobile home or recreational vehicle within ten (10) days at the direction of the building official. If the subject mobile home or recreational vehicle is not moved by the owner, occupant, or person in immediate control, the city may authorize impoundment of the mobile home or recreational vehicle. All costs for the above will be borne by the owner. In addition, there shall be assessed against the owner a storage fee as established by resolution or motion of the city council. (Ord. 951 §12, 1993; Ord. 650 (part), 1982)
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CHAPTER 14.24

FIRE CODE


For other fire prevention provisions, see Chapter 8.36 of this Code.



14.24.010 Adoption

14.24.020 Copies on file/sale

14.24.030 Repealed

14.24.040 Plan review; fire safety inspection program



14.24.010 Adoption
. The 2006 International Fire Code, including appendices A through G, as adopted with revisions in 13 AAC 50.025 in effect as of September 17, 2007, except for the deletions in 13 AAC 50.025 (1) of Sections 104.2, 104.3, 104.5, 104.11, 104.11.1, 104.11.2, 106, 108, and 109 of the 2006 International Fire Code is hereby adopted by reference as the fire code for the city of Kodiak.
(Ord. 1246 §4, 2009; Ord. 1195a §8, 2005; Ord. 1145 §3, 2002; Ord. 1091, 1999; Ord. 1041 §8, 1997; Ord. 890, 1991; Ord. 650 (part), 1982)

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14.24.020 Copies on file/sale
. After adoption, the building official shall provide for sale, to those interested, copies of the code adopted pursuant to section 14.24.010. At least three copies shall be kept at the Building Department office. (Ord. 1195a §9, 2005;Ord. 722 §12, 1984; Ord. 650 (part), 1982)

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14.24.030 Plan check and approval
. Repealed by Ordinance Number 836, effective June 11, 1988.

Repealed §14.24.030 derived from Ordinance Number 763.

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14.24.040 Plan review; fire safety inspection program
. As required by the exemption granted by the state fire marshal under the authority of 13 AAC 50.075, the city will provide review and approval of plans and specifications and the enforcement of state fire statutes and regulations. In addition, the city will conduct a building fire safety program which meets or exceeds the program conducted by the state division of fire prevention. (Ord. 1043 §3, 1997)

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CHAPTER 14.26

DRIVE ACCESSES



14.26.010 Administration and enforcement

14.26.020 Permit required

14.26.030 Application for permit

14.26.040 General requirements

14.26.050 Inspections

14.26.060 Liability



14.26.010 Administration and enforcement
. The administration and enforcement of this chapter shall be the duty of the city building official who is authorized to take action  necessary to enforce the provisions of this chapter. The city manager may appoint or authorize an assistant or agent to the building official if necessary to carry out the provisions of this code. (Ord. 1195a §10, 2005; Ord. 699 (part), 1983)

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14.26.020 Permit required
. It shall be unlawful for any person, firm, association, or corporation to construct a drive access on city-owned property or rights-of-way, or property adjoining city-owned property or rights-of-way without first obtaining a separate permit from the building official. (Ord. 699 (part), 1983)

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14.26.030 Application for permit
. To obtain a permit, the applicant shall first file an application on a form furnished by the building official for that purpose. Every such application shall:

    (a) Identify and describe the work to be covered by the permit.

    (b) Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed access.

    (c) Be accompanied by plans, diagrams, computations, and specifications or other data as required by the building official.

    (d) Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority.

    (e) Give such other data and information as may be required by the building official.

    (f) Unless the application is submitted in conjunction with a building permit application, it shall be accompanied by any required fees established by resolution or motion of the city council. (Ord. 1195a §11, 2005; Ord. 938 §7, 1992; Ord. 836 §11, 1988; Ord. 699 (part), 1983)

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14.26.040 General requirements
. The following requirements shall apply to all construction governed by this chapter:

    (a) All drive accesses, driveways, or road approaches shall be constructed and maintained in such a manner that the street and all its appurtenances or facilities including, but not limited to pavement, sidewalks, drainage pipes, culverts, and underground utilities shall not be impaired or endangered in any way by the construction or maintenance of this facility.

    (b) Standard drive access width shall be fourteen (14) feet.

    (c) The standard grade from the edge of the traveled roadway to property line shall be -2% down toward the property line.

    (d) The grade shall not exceed 14% inside the property line.

    (e) If a culvert is required, the ditch depth, culvert type, length, and size shall be determined by the city engineer.
    (f) All construction, material and workmanship within the right-of-way must comply with the latest addition of the City of Kodiak Standard Construction and Standard Details.
(Ord. 1195a §12, 2005; Ord. 699 (part), 1983)

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14.26.050 Inspections
. (a) All construction or work for which a permit is issued under this chapter shall be subject to inspection and testing by the building official and the City engineer. A survey of the property may be required by the building official to verify that the facility is located in accordance with the approved plans. It shall be the duty of the permit applicant to cause the work to be accessible and exposed for inspection purposes. Neither the building official nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

    (b) A copy of the permit must be on the construction site. If it is not, the city reserves the right to stop construction until such time as the permit is posted.

    (c) The city reserves the right to inspect and reject materials or workmanship not to city standards, to stop construction until corrections are made, or to require removal of the facility and to charge time and equipment to the permittee for correction. (Ord. 1195a §13, 2005; Ord. 699 (part), 1983)

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14.26.060 Liability
. (a) All drive accesses, driveways, or road approaches constructed under this chapter on any city-owned property or rights-of-way shall be the property of the city. All costs and liability in connection with the construction or maintenance of said accesses shall be at the sole expense of those lands and/or persons served.

    (b) The permittee shall adjust, relocate, or remove this facility without cost or liability to the city if, at any time, or from time to time, the use or safety of the street requires this to be done.

    (c) The permittee shall assume all liability or costs in connection with the facilities and shall hold harmless the city, its officers, agents, employees, and/or contractors in any matters pertaining to the facilities for which the permit is issued. (Ord. 699 (part), 1983)

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CHAPTER 14.28

PUBLIC BUILDINGS

 

Repeal of Chapter 14.28 - Ordinance Number 1049 (part), effective June 1, 1997, repealed Chapter 14.28.

Former Chapter 14.28 derived from Ord. 650 (part), 1982.

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CHAPTER 14.32

PUBLIC CONSTRUCTION

 


Re-assignment of Chapter 14.32COrdinance Number 1048, §9, re-assigned the provisions of former Chapter 14.32 as Chapter 3.14, effective June 1, 1997.

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CHAPTER 14.36

STREET NUMBERING

 


Repeal of Chapter 14.36COrdinance Number 1049 (part), effective June 1, 1997, repealed Chapter 14.36.

Former Chapter 14.36 derived from Ord. 650 (part), 1982.

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CHAPTER 14.40

BUILDING CODE BOARD OF APPEALS



14.40.010 Composition

14.40.020 Administrative jurisdiction



14.40.010 Composition
. (a) The building code board of appeals shall consist of five members, four of whom shall be qualified by experience and training to pass upon matters pertaining to building construction. One member shall be selected from the community-at-large. Each of the five members shall be appointed by the mayor and ratified by the council.

    (b) The building official shall be an ex officio member of the board.

    (c) All appointees shall serve at the pleasure of the appointing authority.

    (d) The members of the board shall be appointed for staggered three-year terms.

    (e) Three members of the board of appeals shall constitute a quorum for the transaction of any business. For any affirmative action on quasi-judicial matters by the board of appeals, there must be a concurring vote of three members. (Ord. 650 (part), 1982)

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14.40.020 Administrative Jurisdiction
. (a) The duties of the board shall be as stated in the adopted building codes including the building, fire, mechanical, electrical, and plumbing codes. 

    (b) The building code board of appeals by resolution may adopt rules consistent with this title to implement, interpret, or make specific its provisions. Copies of all rules adopted under this subsection shall be available to the public in the offices of the building official and the city clerk.

    (c) The board shall hear and decide appeals from the actions of administrative officials relating to building regulations under title 14. The board may determine the suitability of alternate materials and methods of construction and provide for reasonable interpretation of the provisions of title 14.

    (d) The board shall also recommend such amendments to title 14 as may be deemed necessary.

    (e) The board of appeals is the final appellate board of the city for matters heard by it. (Ord. 1195a §14, 2005; Ord. 740, 1984; Ord. 650 (part), 1982)

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CHAPTER 14.44

ENFORCEMENT, PENALTIES, AND REMEDIES



14.44.010 Enforcement authority

14.44.020 Administrative inspections

14.44.030 Penalties and remedies



14.44.010 Enforcement authority
. (a) The building official shall have the power and duty to enforce the provisions of this title.

    (b) Stop order; issuance. Whenever any work is being done in violation of the provisions of this title, or in variance with the terms of any permit issued for such work, the building official may order all work on the job stopped until such violation or variance is eliminated and any work or installation made in violation of this title corrected. Such stop order, if oral, shall be followed by a written stop order within 24 hours (excluding Saturdays, Sundays, and holidays).

    (c) Stop order; violation, revocation. It is unlawful to do or perform any work in violation of such stop order, except as may be necessary to prevent injury or damage to persons or property. Such stop order may be revoked by the building official, city engineer, city manager, or city council.

    (d) Upon written complaint by a citizen, or upon the building official's own initiative, the official may, after investigation, initiate legal proceedings against any person for the violation of this title. The building official shall give at least ten days' written notice of intent to prosecute and may initiate legal proceedings only if the violation is not cured within that period, and if the person who is the subject of the notice fails to seek an exception or other appropriate relief within the notice period. (Ord. 650 (part), 1982)

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14.44.020 Administrative inspections
. In accordance with this chapter, the building official may make inspections necessary to enforce the provisions of this title. When the building official has reasonable cause to believe that in any building or on any premises there exists any violation of this title, the official may enter such building or premises at any reasonable time to inspect the same or perform any duties under this title; provided, that where the Constitution of the United States or the state of Alaska requires that the building official obtain a search warrant before making an inspection, the official shall not make the inspection until authorized to do so by a search warrant issued by a court of competent jurisdiction and then only in the company of a peace officer. (Ord. 650 (part), 1982)

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14.44.030 Penalties and remedies
. (a) A person who violates any provision of this title or any order issued under section 14.44.010 is guilty of an infraction and subject to a fine of not more than $300.00 plus any surcharge required to be imposed by AS 29.25.072. Each day of violation constitutes a separate offense.

    (b) The city or any aggrieved person may bring a civil action to enjoin any violation of this title, or any order issued under section 14.44.010; and to obtain damages for any injury the plaintiff suffered as a result of the violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, the superior court shall enjoin the violation. (Ord. 1081, §17, 1998; Ord. 753 §7, 1985; Ord. 650 (part), 1982)

    (c) Each act or condition violating this title or any order issued under section 14.44.010, and each day during which the act or condition exists, continues, or is repeated shall be a separate and distinct violation.

    (d) The penalties provided for violation of this chapter are in addition to and not in lieu of any other penalty provided for in state law or any civil remedy available to the city.

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CHAPTER 14.48

APPEALS AND EXCEPTIONS



14.48.010 Appeals from building official

14.48.020 Appeals; hearing and decision

14.48.030 Appeal; decision

14.48.040 Exceptions; application

14.48.050 Exceptions; investigation

14.48.060 Exceptions; public hearing

14.48.070 Exceptions; granting or denial

14.48.080 Fees; Appeals and exceptions



14.48.010 Appeals from building official
. (a) The following decisions of the building official are subject to appeal to the building code board of appeals:

(1) The denial of a building permit.

(2) The issuance of an order under section 14.44.010.

    (b) A decision described in subsection (a) of this section is final unless appealed to the building code board of appeals within ten days of the mailing of notice of the decision. An appeal is commenced by filing with the city clerk a written notice of appeal, specifically stating the reason for the appeal and the relief sought, and payment of the appeal fee prescribed under this chapter.

    (c) An appeal under this section may be brought by any person aggrieved by the decision appealed, or by any government agency. (Ord. 650 (part), 1982)

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14.48.020 Appeals; hearing and decision
. (a) The building code board of appeals shall hold a public hearing on each appeal. At the hearing the board of appeals shall review the appeal record and hear evidence and argument presented by persons interested in an appeal.

    (b) The building code board of appeals shall either affirm or reverse the building official's decision in whole or in part. If the building code board of appeals fails to approve the reversal of the building official's decision, that decision is affirmed.

    (c) Every decision of the building code board of appeals on an appeal shall be based upon findings and conclusions adopted by the board of appeals. The findings must be reasonably specific so as to provide the community, and where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision.

    (d) The building code board of appeals' decision on an appeal shall be mailed to the appellant within ten days after the decision. (Ord. 650 (part), 1982)

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14.48.030 Appeal; decision
. The building code board of appeals shall render a decision on the appeal within 40 days after its filing. (Ord. 650 (part), 1982)

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14.48.040 Exceptions; application
. (a) An application for exception from the regulations of this title may be filed by any taxpayer, property owner, or party affected.

    (b) An application for exception is commenced by filing with the city clerk a written request specifically stating any and all reasons justifying the granting of the exception, and payment of the exception fee prescribed under this chapter. (Ord. 650 (part), 1982)

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14.48.050 Exceptions; investigation
. (a) The building code board of appeals shall cause an investigation to be made to determine that such uses will not be injurious to public health, safety, or welfare or detrimental to other properties or uses in the vicinity.

    (b) The board may require the petitioner to submit engineering and other technical studies in support of the petition. (Ord. 650 (part), 1982)

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14.48.060 Exceptions; public hearing
. (a) The board shall hold a public hearing on all applications for an exception. Such hearing shall be held not less than ten days nor more than 30 days following the date of filing of such application; the applicant shall be notified of the date of such hearing. The board shall cause to be sent to each owner of the properties within a distance of three hundred feet of the exterior boundary of the lot or parcel of land described in such application, notice of the time and place of the hearing, a description of the property involved and the provisions of this title from which an exception is sought. For the purposes of this chapter, "owner of property" means that owner shown upon the latest tax assessment rolls. (Ord. 650 (part), 1982)

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14.48.070 Exceptions; granting or denial
. Within 40 days after the receipt of an application, the board shall render its decision. If it is the opinion of the board, after consideration of the investigation report, that the proposed exception will not endanger the public health, safety, or general welfare, or be inconsistent with the general purposes and intent of this title, the board shall approve the exception with or without conditions. If the proposed exception will tend, in the opinion of the board, to endanger in any way the public health, safety, or general welfare or produce results inconsistent with the general purposes and intent of this title, the board shall deny the application. (Ord. 650 (part), 1982)

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14.48.080 Fees; appeals and exceptions
. Notices of appeal and applications for exception shall be accompanied by a filing fee as established by resolution or motion of the city council. (Ord. 951 §13, 1993; Ord. 650 (part), 1982)

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