[Ord. No. 818 §1, 2-11-2013]
A.
Short Title. This Section shall be known as and
may be cited as "The Building Code."
B.
Building Code Adopted. A certain document, one (1) copy of which is on file in the office of the Code Enforcement Officer of the City of Oakland, Missouri, being marked and designated as the International Building Code (IBC), 2009 edition, including Appendices A through Z as amended, as published by the International Code Council (ICC), be and is hereby adopted as the Building Code of the City of Oakland, in the State of Missouri, for the control of buildings and structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code on file in the office of the Building Commissioner are hereby referred to, adopted, and made a part hereof, as if fully set out in this Article, with the additions, insertions, deletions and changes, if any, prescribed in Subsections D through BB of this Section.
C.
Jurisdictional Title. Throughout the International
Building Code/2009, whenever the terms "name of jurisdiction" or "local
jurisdiction" appear, they shall be deemed to mean Oakland, Missouri.
Likewise, whenever the term "Department of Building Safety" appears,
it shall be deemed to mean the Department of Planning and Development.
Whenever the term "code" appears, it shall mean the International
Building Code/2009, as adopted herein.
D.
Amendments To Chapter 1 — 2009 International
Building Code — Chapter 1-Scope And Administration.
1.
101.1 Title. These regulations shall be known as
the "Building Code of the City of Oakland, Missouri," hereinafter
referred to as "this code."
2.
101.2.1 Appendices. Appendices are adopted as amended.
3.
104.1.1 Building Commissioner. Whenever the term
"Building Commissioner" appears, it shall be deemed to mean the Building
Commissioner or Code Enforcement Officer of the City of Oakland, Missouri.
4.
105.2 Work exempt from permit. Exemptions from
permit requirements of this code shall not be deemed to grant authorization
for any work to be done in any manner in violation of the provisions
of this code or any other laws or ordinances of this jurisdiction.
Permits are not required for the following:
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Building:
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1.
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One-story detached accessory structures used as playhouses and
similar uses, provided the floor area does not exceed 100 square feet
and the height does not exceed 10 feet.
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2.
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Oil derricks.
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3.
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Retaining walls which are not over 3 feet in height measured
from the bottom of the footing to the top of the wall, unless supporting
a surcharge or impounding Class I, II, or III-A liquids.
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4.
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Flat work, including but not limited to sidewalks, patios, parking
lots, or driveways that are less than four hundred (400) square feet
in area.
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Exception. Any flat work that is a) within 4 feet
of a property line; or b) that would permanently divert one drainage
area to another drainage area; or c) that would deposit mud or harmful
silt or create erosion or damage adjoining properties; or d) that
would block or affect an existing swale or drainage path in a manner
to cause damming and ponding shall require a permit.
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5.
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Painting, papering, tiling, carpeting, countertops and similar
finish work.
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6.
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Temporary motion picture, television and theater stage sets
and scenery.
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7.
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Prefabricated swimming pools accessory to a Group R-3 occupancy
that are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons
(18,925 L) and are installed entirely above ground.
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8.
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Temporary shade cloth structures constructed for nursery or
agricultural purposes, not including service systems.
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9.
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Swings and other playground equipment accessory to detached
one- and two-family dwellings that are less than 200 square feet and
less than 12 feet high.
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10.
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Non-fixed and movable fixtures, cases, racks, counters and partitions
not over 5 feet 9 inches (1,753 mm) in height.
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Electrical:
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Repairs and maintenance: Minor repair work, including
the replacement of lamps or the connection of approved portable electrical
equipment to approved permanently installed receptacles.
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Radio and television transmitting stations: The
provisions of this code shall not apply to electrical equipment used
for radio and television transmissions, but do apply to equipment
and wiring for power supply, and the installations of towers and antennas.
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Temporary testing systems: A permit shall not be
required for the installation of any temporary system required for
the testing or servicing of electrical equipment or apparatus.
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Gas:
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1.
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Portable heating, cooking and clothes-drying appliances.
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2.
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Replacement of any minor part that does not alter approval of
equipment or make such equipment unsafe.
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Mechanical:
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1.
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Portable heating appliance.
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2.
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Portable ventilation equipment.
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3.
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Portable cooling unit.
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4.
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Steam, hot or chilled water piping within any heating or cooling
equipment regulated by this code.
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5.
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Replacement of any part which does not alter its approval or
make it unsafe.
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6.
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Portable evaporative cooler.
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Plumbing:
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1.
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The stopping of leaks in drains, water, soil, waste or vent
pipe; provided, however, that if any concealed trap, drain pipe, water,
soil, waste or vent pipe becomes defective and it becomes necessary
to remove and replace the same with new material, such work shall
be considered as new work, and a permit shall be obtained and inspection
made as provided in this code.
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2.
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The clearing of stoppages or the repairing of leaks in pipes,
valves or fixtures, provided such repairs do not involve or require
the replacement or rearrangement of valves, pipes or fixtures.
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5.
105.3 Application for permit. To obtain a permit, the applicant shall first file an application
therefor in writing on a form furnished by the Department of Building
Safety for that purpose. Such application shall:
1.
Identify and describe the work to be covered by the permit for
which application is made.
2.
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 building or work.
3.
Indicate the use and occupancy for which the proposed work is
intended.
4.
Be accompanied by construction documents and other information
as required in Section 107.
5.
State the valuation of the proposed work.
6.
Be signed by the applicant, or the applicant's authorized agent.
7.
Identify whether the work will be done personally by the owner/occupant
of the detached single-family dwelling or the work will be done by
a contractor.
8.
Give such other data and information as required by the Building
Commissioner.
6.
105.5 Expiration. Any permit issued shall become
invalid if the work on the site authorized by such permit is suspended
or abandoned for a period of 180 days after the time the work is commenced.
Suspension or abandonment shall be evidenced by the fact that no inspection
has been conducted and approved for 180 days prior. Permits for residential
properties shall expire one (1) year from the date of issuance, and
non-residential permits shall expire two (2) years from the date of
issuance. The Building Commissioner is authorized to grant, in writing,
one or more extensions of time, for periods not more than 90 days
each. The extension shall be requested in writing and justifiable
cause demonstrated.
7.
107.2.5 Site plan. The construction documents submitted
with the application for permit shall be accompanied by a site plan
showing to scale the size and location of new construction and existing
structures on the site, distances from lot lines, the established
street grades and the proposed finished grades and, as applicable,
flood hazard areas, floodways, and design flood elevations; and it
shall be drawn in accordance with an accurate boundary line survey.
In the case of demolition, the site plan shall show construction to
be demolished and the location and size of existing structures and
construction that are to remain on the site or plot. The Building
Commissioner is authorized to waive or modify the requirements for
a site plan when the application for permit is for alteration or repair
or when otherwise warranted. A site plan shall also include any additional
information necessary to determine compliance with the ordinances
of the City of Oakland as determined by the Building Commissioner.
8.
107.5 Retention of construction documents. One
set of approved construction documents shall be retained by the Building
Commissioner as required by Missouri Revised Statutes Chapter 109
Section 255.
9.
109.4 Work commencing before permit issuance. Any
person who commences any work on a building, structure, electrical,
gas, mechanical, plumbing, or fire protection system before obtaining
the necessary permits shall be subject to, in addition to any court-imposed
fines or costs, a penalty that is double the total regular calculated
permit fee, including inspections (permit fees plus inspection fees
times 2).
10.
110.3 Required inspections. The building official,
upon notification, shall make the inspections set forth in Sections
110.3.1 through 110.3.11.
110.3.1 Pre-permit inspection. An inspection of
the property shall be conducted prior to the issuance of a permit.
Exception: Interior work and work deemed to be
minor in nature.
110.3.2 Footing and foundation inspection. Footing
and foundation inspections shall be made after excavations for footings
are complete and any required reinforcing steel is in place. For concrete
foundations, any required forms shall be in place prior to inspection.
Materials for the foundation shall be on the job, except where concrete
is ready mixed in accordance with ASTM C 94, the concrete need not
be on the job.
110.3.3 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab
or under-floor reinforcing steel and building service equipment, conduit,
piping accessories and other ancillary equipment items are in place,
but before any concrete is placed or floor sheathing installed, including
the subfloor.
110.3.4 Lowest floor elevation. In flood hazard
areas, upon placement of the lowest floor, including the basement,
and prior to further vertical construction, the elevation certification
required in Section 1612.5 shall be submitted to the building official.
110.3.5 Frame inspection. Framing inspections shall
be made after the roof deck or sheathing, all framing, fireblocking
and bracing are in place and pipes, chimneys and vents to be concealed
are complete and the rough electrical, plumbing, heating wires, pipes
and ducts are approved.
110.3.6 Lath and gypsum board inspection. Lath
and gypsum board inspections shall be made after lathing and gypsum
board, interior and exterior, is in place, but before any plastering
is applied or gypsum board joints and fasteners are taped and finished.
110.3.7 Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies,
smoke barriers and smoke partitions shall not be concealed from view
until inspected and approved.
110.3.8 Energy efficiency inspections. Inspections
shall be made to determine compliance with Chapter 13 and shall include,
but not be limited to, inspections for envelope insulation R- and
U-values, fenestration U-value, duct system R-value, and HVAC and
water-heating equipment efficiency.
110.3.9 Other inspections. In addition to the inspections
specified above, the building official is authorized to make or require
other inspections of any construction work to ascertain compliance
with the provisions of this code and other laws that are enforced
by the Department of Building Safety.
110.3.10 Special inspections. For special inspections,
see Section 1704.
110.3.11 Final inspection. The final inspection
shall be made after all work required by the building permit is completed.
11.
114.4 Violation penalties. Any person who violates
a provision of this code or fails to comply with any of the requirements
thereof or who erects, constructs, alters or repairs a building or
structure in violation of the approved construction documents or directive
of the Building Commissioner, or of a permit or certificate issued
under the provisions of this code, shall be subject to penalties as
prescribed in Section AO102.
12.
115.3 Unlawful continuance. Any person who shall
continue any work after having been served with a stop-work order,
except such work as that person is directed by the City to perform
to remove a violation or unsafe condition, shall be subject to the
penalties as prescribed in Section AO102.
13.
116.4 Method of service. Such notice shall be deemed
properly served if a copy thereof is (a) delivered to the owner personally;
(b) sent by certified or registered mail addressed to the owner at
the last known address with the return receipt requested; (c) sent
by regular mail addressed to the owner at the last known address;
or (d) delivered in any other manner as prescribed by local law. If
the certified or registered letter is returned showing that the letter
was not delivered, a copy thereof shall be posted in a conspicuous
place in or about the structure affected by such notice. Service of
such notice in the foregoing manner upon the owner's agent or upon
the person responsible for the structure shall constitute service
of notice upon the owner.
E.
BUILDING OFFICIAL
CITY MANAGER
CURTAIN WALL
FIRE CODE OFFICIAL
MANUFACTURED HOMES
PUBLIC SERVICE AGENCY
SPANDREL WALL
Amendments To Chapter 2 — 2009 International
Building Code — Chapter 2-Definitions.
The Building Commissioner as set forth in Section 500.010 of the Municipal Code.
The City Administrator of the City of Oakland or his/her
designee.
See Section 702.
The Fire Chief of the City of Kirkwood.
Houses that are manufactured in a remote facility and then
delivered to their intended site to be erected on a foundation. Manufactured
homes differ from mobile homes in their absence of a chassis, thereby
intending manufactured homes to not be readily movable.
A business or service, which may be publicly or privately
owned, engaged in supplying the public generally with some commodity
or service, such as electricity, gas, water, transportation, or telephone
or telegraph service. Privately owned public utilities most often
operate within a designated area through an exclusive franchise granted
by the legislature, public service commission, or other regulatory
agency, and their operation is strictly regulated by the franchisor.
Public utilities may be required to file rate schedules with a public
service commission. Usually, there must be an approval by the regulatory
body before such rates or proposed changes in rates may take effect.
See Section 702.
F.
Amendments to Chapter 4 — 2009
International Building Code — Chapter 4-Special Detailed
Requirements Based On Use And Occupancy.
1.
406.1.4. Separation. Separations shall comply with
the following:
1.
The private garage shall be separated from the dwelling unit
and its attic area by means of a minimum ½-inch gypsum board
applied to the garage side. Garages beneath habitable rooms shall
be separated from all habitable rooms above by not less than 5/8-inch
Type X gypsum board or equivalent. Door openings between a private
garage and the dwelling unit shall be equipped with either solid wood
doors, or solid or honeycomb core steel doors not less than 1 3/4
inches thick, or doors in compliance with Section 715.4.3. Openings
from a private garage directly into a room used for sleeping purposes
shall not be permitted. Doors shall be self-closing and self-latching.
Openings between the garage and the residence of single-family detached
dwellings are not required to be self-closing and self-latching per
Section R302.5.1 of the IRC.
2.
Ducts in private garages and ducts penetrating the walls or
ceilings separating the dwelling unit from the garage shall be constructed
of a minimum 0.019-inch sheet steel and shall have no openings into
the garage.
3.
A separation is not required between a Group R-3 and U carport,
provided the carport is entirely open on two or more sides and there
are not enclosed areas above.
4.
Windows, doors and other openings in common walls that separate
bedrooms from carports and garages are not permitted.
2.
406.1.6 Egress doors for detached garages. All
detached garages shall be provided with an approved side-swing-type
egress door.
3.
406.2.6. Floor surface. Parking surfaces shall
be of concrete or similar non-combustible and non-absorbent materials.
The area of floor used for parking of automobiles or other vehicles
shall be sloped to facilitate the movement of liquids to a drain or
toward the main vehicle entry doorway. Except in detached one- and
two-family dwellings, if a drain is used, an approved interceptor
shall be installed in accordance with the International Plumbing Code.
Exceptions: Floors of Group S-2 parking garages
shall not be required to have a sloped surface.
G.
Amendments To Chapter 7 — 2009 International
Building Code — Chapter 7-Fire And Smoke Protection
Features.
1.
CURTAIN WALL
SPANDREL WALL
Definitions.
A building facade which does not carry any dead load from
the building other than its own dead load, and one which transfers
the horizontal loads (wind loads) that are incident upon it.
The roughly triangular space between the left or right exterior
curve of an arch and the rectangular framework surrounding it.
2.
717.2. Fireblocking. In combustible construction, fireblocking shall be installed to
cut off concealed draft openings (both vertical and horizontal) and
shall form an effective barrier between floors, between a top story
and a roof or attic space. Fireblocking shall be installed in the
locations specified in Sections 717.2.2 through 717.2.7.
717.2.1 Fireblocking materials. Fireblocking shall
consist of the following materials:
1.
Two-inch (51 mm) nominal lumber.
2.
Two thicknesses of 1-inch (25 mm) nominal lumber with broken
lap joints.
3.
One thickness of 0.719-inch (18.3 mm) wood structural panels
with joints backed by 0.719-inch (18.3 mm) wood structural panels.
4.
One thickness of 0.75-inch (19.1 mm) particleboard with joints
backed by 0.75-inch (19 mm) particleboard.
5.
One-half-inch (12.7 mm) gypsum board.
6.
One-fourth-inch (6.4 mm) cement-based millboard.
7.
Batts or blankets of mineral wool, mineral fiber or other approved
materials installed in such a manner as to be securely retained in
place.
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717.2.1.1 Batts or blankets of mineral wool or mineral
fiber. Batts or blankets of mineral wool or mineral fiber or
other approved non-rigid materials shall be permitted for compliance
with the 10-foot (3048 mm) horizontal fireblocking in walls constructed
using parallel rows of studs or staggered studs.
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717.2.1.2 Unfaced fiberglass. Unfaced fiberglass
batt insulation shall not be used as a fireblock.
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717.2.1.3 Loose-fill insulation material. Loose-fill
insulation material, insulating foam sealants and caulk materials
shall not be used as a fireblock unless specifically tested in the
form and manner intended for use to demonstrate its ability to remain
in place and to retard the spread of fire and hot gases.
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717.2.1.4 Fireblocking integrity. The integrity
of fireblocks shall be maintained.
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717.2.1.4.1 Intumescent Materials. Intumescent
materials shall be installed at all penetrations where non-metallic
materials penetrate assemblies, including but not limited to fire
walls, party walls, fire barriers, shaft enclosures, fire partitions,
smoke barriers, smoke partitions, fire separation walls, horizontal
assemblies, and solid fireblocking assemblies.
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717.2.1.5 Double stud walls. Batts or blankets
of mineral or other approved non-rigid materials shall be allowed
as fireblocking in walls constructed using parallel rows of studs
or staggered studs.
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3.
717.3.1 Draftstopping materials. Draftstopping
materials shall not be less than ½-inch (12.7 mm) gypsum board,
3/8-inch (9.5 mm) wood structural panel, 3/8-inch (9.5 mm) particleboard,
1-inch (25-mm) nominal lumber, cement fiberboard, batts or blankets
of mineral wool, or other approved materials adequately supported.
The integrity of draftstops shall be maintained.
H.
Amendments To Chapter 9 — 2009 International
Building Code — Chapter 9-Fire Protection Systems.
1.
903.3.5.3 Water flow tests. Water flow tests for
fire sprinkler systems shall be conducted between the hours of 8:00
A.M. and 4:30 P.M., Monday through Friday.
2.
903.3.5.4 Water flow safety factor. A safety factor
shall be applied to all flow tests for fire sprinkler systems. A parallel
curve shall be drawn to the actual flow test curve that has been reduced
by 10 percent of the static pressure. A sprinkler system design shall
not exceed the 10 percent curve.
I.
Amendments To Chapter 10 — 2009 International
Building Code — Chapter 10-Means Of Egress.
1.
1008.1.2 Door swing. Egress doors shall be of the pivoted or side-hinged swinging type.
Exceptions:
1.
Office areas, factory and storage areas with an occupant load
of 10 or less.
2.
Group I-3 occupancies used as a place of detention.
3.
Critical or intensive care patient rooms within suites of health-care
facilities.
4.
Doors within or serving a single dwelling unit in Groups R-2
and R-3.
5.
In other than Group H occupancies, revolving doors complying
with Section 1008.1.4.1.
6.
In other than Group H occupancies, horizontal sliding doors
complying with Section 1008.1.4.3 are permitted as a means of egress.
7.
Power-operated doors in accordance with Section 1008.1.4.2.
8.
Doors serving a bathroom within an individual sleeping unit
in Group R-1.
9.
In other than Group H occupancies, manually operated horizontal
sliding doors are permitted as a means of egress from spaces with
an occupant load of 10 or less.
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Doors shall swing in the direction of egress travel where serving
an occupant load of 50 or more persons or a Group H occupancy.
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2.
1009.4.2 Riser height and
tread depth. Stair riser heights shall be 7 inches (178 mm)
maximum and 4 inches (102 mm) minimum. The riser height shall be measured
vertically between the leading edges of adjacent treads. Rectangular
tread depths shall be 11 inches (279 mm) minimum measured horizontally
between the vertical planes of the foremost projection of adjacent
treads and at a right angle to the tread's leading edge. Winder treads
shall have a minimum tread depth of 11 inches (279 mm) measured between
the vertical planes of the foremost projection of adjacent treads
at the intersections with the walkline and a minimum tread depth of
10 inches (254 mm) within the clear width of the stair. The variation
between the depth of adjacent treads or in the height of adjacent
risers shall not exceed 3/16 inch in any flight.
Exceptions:
1.
Alternating tread devices in accordance with Section 1009.10.
2.
Ship ladders in accordance with Section 1009.11.
3.
Spiral stairways in accordance with Section 1009.9.
4.
Aisle stairs in assembly seating areas where the stair pitch
or slope is set, for sightline reasons, by the slope of the adjacent
seating area in accordance with Section 1028.11.2.
5.
In Group R-3 occupancies; within dwelling units in Group R-2
occupancies; and in Group U occupancies that are accessory to a Group
R-3 occupancy or accessory to individual dwelling units in Group R-2
occupancies; the maximum riser height shall be 73/4 inches (197 mm);
the minimum tread depth shall be 10 inches (254 mm); the minimum winder
tread depth at the walk line shall be 10 inches (254 mm); and the
minimum winder tread depth shall be 6 inches (152 mm). A nosing not
less than 3/4 inch (19.1 mm) but not more than 1¼ inches (32
mm) shall be provided on stairways with solid risers where the tread
depth is less than 11 inches (279 mm).
6.
See Section 3404.1 for the replacement of existing stairways.
7.
In Group I-3 facilities, stairways providing access to guard
towers, observation stations and control rooms, not more than 250
square feet (23 m2) in area, shall be permitted to have a maximum
riser height of 8 inches (203 mm) and a minimum tread depth of 9 inches
(229 mm).
8.
For alterations or additions to existing residential buildings,
the maximum riser height shall be 8¼ inches. The riser shall
be measured vertically between leading edges of the adjacent treads.
The greatest riser height within any flight of stairs shall not exceed
the smallest by more than 0.375 inch.
Exception: When the existing riser height complies
with current code.
9.
For alterations or additions to existing residential buildings,
the minimum tread depth shall be 9 inches. The tread depth shall be
measured horizontally between the vertical planes of the foremost
projection of adjacent treads and at a right angle to the tread's
leading edge. The greatest tread depth within any flight of stairs
shall not exceed the smallest by more than 0.375 inch. Winder treads
shall have a minimum tread depth of 10 inches measured as above at
a point 12 inches from the side where the treads are narrower. Winder
treads shall have a minimum tread depth of 6 inches at any point.
Within any flight of stairs, the greatest winder tread depth at the
12-inch walk line shall not exceed the smallest by more than 0.375
inch.
Exception: When the existing tread depth complies
with current code.
3.
1013.3 Opening limitations. Required guards shall not have openings which allow passage of a
sphere 4 inches (102 mm) in diameter from the walking surface to the
required guard height. Guards shall not have an ornamental pattern
that would provide a ladder effect.
Exceptions:
1.
From a height of 36 inches (914 mm) to 42 inches (1067 mm),
guards shall not have openings which allow passage of a sphere 43/8
inches (111 mm) in diameter.
2.
The triangular openings at the open sides of a stair, formed
by the riser, tread and bottom rail shall not allow passage of a sphere
6 inches (152 mm) in diameter.
3.
At elevated walking surfaces for access to and use of electrical,
mechanical or plumbing systems or equipment, guards shall not have
openings which allow passage of a sphere 21 inches (533 mm) in diameter.
4.
In areas which are not open to the public within occupancies
in Group 1-3, F, H or S, and for alternating tread devices and ship
ladders, guards shall not have openings which allow passage of a sphere
21 inches (533 mm) in diameter.
5.
In assembly seating areas, guards at the end of aisles where
they terminate at a fascia of boxes, balconies and galleries shall
not have openings which allow passage of a sphere 4 inches (102 mm)
in diameter up to a height of 26 inches (660 mm). From a height of
26 inches (660 mm) to 42 inches (1067 mm) above the adjacent walking
surfaces, guards shall not have openings which allow passage of a
sphere 8 inches (203 mm) in diameter.
6.
Within individual dwelling units and sleeping units in Group
R-2 and R-3 occupancies, guards on the open side of stairs shall not
have openings which allow passage of a sphere 43/8 inches (111 mm)
in diameter.
4.
1013.7 Retaining walls. Guards shall be provided
where retaining walls with differences in grade level on either side
of the wall in excess of 30 inches are located closer than 2 feet
(610 mm) to a walk, path, parking lot or driveway on the high side
on retaining walls.
5.
1029.5.3 Projections into required side and rear yards. Window wells which do not extend more than three (3) feet above
the level of the ground may project into a required yard, provided
these projections be distant at least three (3) feet from the adjacent
side lot lines.
6.
1029.5.4 Fall protection. Fall protection shall
be installed in accordance with 1806.0, et seq.
J.
Amendments To Chapter 16 — 2009 International
Building Code — Chapter 16-Structural Design.
1.
1612.3 Establishment of flood hazard areas. To
establish flood hazard areas, the applicable governing authority shall
adopt a flood hazard map and supporting data. The flood hazard map
shall include, at a minimum, areas of special flood hazard as identified
by the Federal Emergency Management Agency in an engineering report
entitled "The Flood Insurance Study for St Louis County, Missouri,"
dated March 9, 1978, as amended or revised with the accompanying Flood
Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM)
and related supporting data along with any revisions thereto. The
adopted flood hazard map and supporting data are hereby adopted by
reference and declared to be part of this section.
2.
1613.5.1 Acceleration parameters. The earthquake
spectral response acceleration at short periods (SS) shall be 0.54g.
The earthquake spectral response acceleration at 1-second periods
(S1) shall be 0.18g.
K.
Amendments To Chapter 18 — 2009
International Building Code — Chapter 18-Soils And
Foundations.
1.
1808.1.1 Minimum foundation wall reinforcement. Every concrete foundation wall that is eight inches or more in width
shall contain a minimum of 2 #4 reinforcing bars located at the top
of the foundation and 2 #4 reinforcing bars located at the bottom
of the foundation wall. Openings in foundation walls shall have a
minimum of 2 #4 reinforcing bars located at the header of the opening.
2.
1809.4.1 Footing reinforcement. Every concrete
spread footing that is sixteen inches or more in width shall contain
a minimum of 2 #4 reinforcing bars located in the bottom one-third
of the footing and a minimum of 2 inches from the bottom of the footing.
3.
1809.5 Frost protection. Except where otherwise
protected from frost, foundation walls, piers and other permanent
supports of buildings and structures shall be protected from frost
by one or more of the following methods:
1.
Extending a minimum of 30 inches (762 mm) below the finish grade;
2.
Constructing in accordance with ASCE-32; or
3.
Erecting on solid rock.
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Exception: Freestanding buildings meeting all of
the following conditions shall not be required to be protected:
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1.
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Assigned to Occupancy Category I, in accordance with Section
1604.5;
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|
2.
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Area of 100 square feet or less; and
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|
3.
|
Eave height of 10 feet (3048 mm) or less.
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|
Shallow foundations shall not bear on frozen soil unless such
frozen condition is of a permanent character.
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L.
Amendments To Chapter 30 - 2009 International Building Code
- Chapter 30-Elevators And Conveying Systems.
SECTION 3009 EXISTING ELEVATORS AND ESCALATORS
3009.1 Referenced standard. All existing elevators
and escalators shall conform to ASME A17.3.
M.
Amendments To Chapter 31
- 2009 International Building Code - Chapter 31-Special Construction.
1.
3103.5 Bond. The code official may require a permit
applicant to post a performance bond, prior to issuance of the permit,
to guarantee that the area is restored to its original condition or
better. The amount of the bond shall be set by the code official based
on the cost of the restoration.
2.
3103.6 Design features. All temporary structures
shall conform to the structural strength, fire safety, means of egress,
accessibility, light, ventilation and sanitary requirements of this
code as necessary to insure the public health, safety and general
welfare.
3.
3103.7 Location. Temporary structures shall be
located in accordance with the requirements of Tables 602 and 602.4
based on the fire-resistance rating of the exterior walls for the
proposed type of construction.
4.
3103.8 Flame-resistant treatment. Before a permit
is granted, the owner or agent shall file with the code official a
certificate executed by an approved testing laboratory, certifying
that the tents, canopies and membrane structures and their appurtenances,
sidewalls, drops and tarpaulins, and bunting, shall be composed of
flame-resistant material or shall be treated with a flame retardant
in an approved manner and meet the requirements for flame resistance
as determined in accordance with NFPA 701, and that such flame resistance
is effective for the period specified by the permit.
5.
3103.9 Label. Membrane structures, tents or canopies
shall have a permanently affixed label bearing the identification
of size and fabric or material type.
6.
3103.10 Certification. An affidavit or affirmation
shall be submitted to the code official and a copy retained on the
premises on which the tent or air-supported structure is located.
The affidavit shall attest to the following information relative to
the flame resistance of the fabric:
1.
Names and address of the owners of the tent, canopy or air-supported
structure.
2.
Date the fabric was last treated with flame-resistant solution.
3.
Trade name or kind of chemical used in treatment.
4.
Name of person or firm treating the material.
5.
Name of testing agency and test standard by which the fabric
was tested.
7.
3103.11 Anchorage. All temporary structures shall
be anchored to the ground to resist the wind loads prescribed by Section
1609 of this code. At the discretion of the code official, the anchorage
system shall be designed by a registered design professional.
8.
3103.12 Means of egress. Temporary structures shall
conform to the means of egress requirements of Chapter 10 and shall
have a maximum exit access travel distance of 100 feet.
9.
3103.14 Health inspections. All temporary structures
that serve food shall be inspected by the St. Louis County Department
of Health.
10.
3107.1 General. Signs shall be designed, constructed
and maintained in accordance with the sign code.
11.
SECTION 3111 ANTENNAS
3111.1 Location of antennas. Antennas may be roof
mounted, wall mounted, or freestanding.
3111.1.1 Roof-mounted antennas. Antennas shall
not be erected so as to injure the roof covering, and when removed
from the roof, the roof covering shall be repaired to maintain weather
and water tightness. The installation of any antennal structure mounted
on the roof of a building shall not be erected nearer to the lot line
than the total height of the antennal structure above the roof, nor
shall such structure be erected near electric power lines. All roof-mounted
antennas shall be located so as not to be visible from the public
right-of-way.
3111.1.2 Wall mounted antennas. Antennas shall
not be erected so as to injure the wall covering, and when removed
from the wall, the wall covering shall be repaired to maintain weather-
and watertightness. The installation of any antennal structure mounted
on a wall shall not be erected nearer to the lot line than the total
height of the antennal structure above the ground, nor shall such
structure be erected near electric power lines. All wall-mounted antennas
shall be located so as not to be visible from the public right-of-way.
3111.1.3 Freestanding antennas. The installation
of any antennal structure shall not be erected nearer to the lot line
than the total height of the antennal structure. Antennal structures
shall not be erected nearer an overhead electric power line than the
total height of the antennal structure. Antennal structures shall
not be located in the front yard as defined in the Zoning Ordinance.
3111.2 Permits required. A permit shall be required
for all antennal structures. The application shall be accompanied
by detailed drawings of the structure, methods of anchorage for roof
or wall structures, and foundation drawings for freestanding structures.
All connections to the roof or wall structure shall be properly flashed
to maintain watertightness.
3111.3 Permits. The approval of the code official
shall be secured for all antennal structures erected on the roof of
or attached to any building or structure. Antennas shall be subject
to the structural provisions of Sections 1608 and 1609.
N.
Amendments To Appendix A — 2009 International
Building Code-Appendix A-Employee Qualifications.
Appendix A — Employee qualifications is deleted
in its entirety.
O.
Amendments To Appendix B — 2009 International
Building Code-Appendix B-Board Of Appeals.
Appendix B — Board of Appeals is adopted with
the following amendments:
APPENDIX B BOARD OF APPEALS
AB101.1 Application for appeal. Any person shall
have the right to appeal a decision of the code official to the Board
of Appeals. An application for appeal shall be based on a claim that
the true intent of this code or the rules legally adopted thereunder
have been incorrectly interpreted, the provisions of this code do
not fully apply, or an equivalent form of construction is to be used.
AB101.2 Membership of the Board. The Board of Appeals
shall consist of the five duly appointed members (or alternates) of
the Board of Adjustment as referenced in the Code of Oakland.
AB101.2.3 Rules and procedures. The board is authorized
to establish policies and procedures necessary to carry out its duties.
AB101.2.3.1 Expert Testimony. The board may solicit
expert testimony from qualified witnesses as it deems necessary to
render a decision.
AB101.2.5 Disqualification of Member. A member
shall not hear an appeal in which that member has any personal, professional
or financial interest.
AB101.3 Notice of Meeting. The board shall meet
upon notice from the Chairman, within sixty days of the filing of
an appeal, or at stated periodic meetings.
AB101.3.1 Open Hearing. All hearings before the
board shall be open to the public. The appellant, the appellant's
representative, the Building Commissioner and any person whose interests
are affected shall be given an opportunity to be heard.
AB101.3.3 Postponed Hearing. When five members
are not present to hear an appeal, either the appellant or the appellant's
representative shall have the right to request a postponement of the
hearing.
AB101.4 Board Decision. The board shall modify
or reverse the decision of the code official by a concurring vote
of four (4) members.
AB101.4.1 Resolution. The decision of the board
shall be in writing.
AB101.4.2 Administration. The Code Official shall
take immediate action in accordance with the decision of the board.
AB101.5 Appeals of Board Decisions. Any person
or persons jointly or severally aggrieved by any decision of the Board
of Appeals, or any officer, department, board or bureau of the City,
may present to the Circuit Court of St. Louis County, Missouri, a
petition, duly verified, setting forth that such decision is illegal,
in whole or in part, and specifying the grounds of illegality. Such
petition shall be presented to the court within thirty (30) days after
the filing of the decision in the office of the Board.
P.
Amendments To Appendix D — 2009 International
Building Code — Appendix D-Fire Districts.
Appendix D — Fire Districts is deleted in its
entirety.
Q.
Amendments To Appendix J — 2009 International
Building Code — Appendix J-Grading.
Appendix J — Grading is adopted with the following
amendment:
APPENDIX J GRADING
1.
SECTION J112 FINAL GRADING AND VEGETATION
J112.1 Final Grade. All lots shall have a final
grade and be vegetated to allow for maintenance of the lot. The lot
shall be graded to a mowable (not brush hog) condition and vegetated
to prevent an erosive condition.
J112.2 Maintainability of Lot. In order for a lot
to be in a mowable condition the lot shall be free of debris, noxious
vegetation and other detrimental obstructions. The lot shall be graded
so that a standard lawn mower can be used to maintain the lot.
J112.3 Failure to Properly Grade and Vegetate. In
the event that a site is found to be unsafe and/or unhealthy, the
City may restore the site to a reasonable condition by causing the
lot to be graded and vegetated to a mowable (not brush hog) condition.
Should such action be necessary, a lien may be placed against the
property in accordance with the Municipal Code.
Exception: In an emergency, the City may cause
abatement of the violation without notice.
R.
New Appendix L — 2009 International Building Code — Appendix
L-Use Of Explosives.
APPENDIX L USE OF EXPLOSIVES
1.
SECTION AL101 GENERAL
AL101.1 Explosives. For the purposes of construction
or demolition, explosives shall not be stored, transported through,
or used for any purpose within the City limits unless approved in
writing by the Director of Public Works or his designee.
S.
New Appendix M — 2009 International Building Code — Appendix
M-Lighting Limits.
APPENDIX M LIGHTING LIMITS
1.
SECTION AM101 GENERAL
AM101.1 General. These provisions shall be applicable
to both exterior lighting and interior lighting that spills to the
exterior of the building.
2.
SECTION AM102 MAXIMUM LIGHTING LIMITS
AM102.1 The level of lighting from any source shall
not exceed 0.5 footcandles at any residential property line or 1.0
footcandle at any non-residential property line.
For the purposes of this provision, roadways shall be considered
non-residential property lines.
AM102.2 Maximum lighting limits from any source
must meet the standard set forth in Section AM102.1 at any height
along the property line.
3.
SECTION AM103 SHIELDING/DIRECTING OF LIGHTS
AM103.1 All light in excess of the lighting limits
established in AM102.1 shall be directed toward the earth's surface
and away from adjacent property. Direction shall be by methods including
but not limited to shielding, shading or use of adjustable reflectors.
AM103.2 Facilities which may require floodlighting
may not arrange the light in such a way that it will shine towards
roadways, onto adjacent residential property or residential use property
or into the night sky in excess of the lighting levels herein established
in Section AM102.1.
4.
SECTION AM104 LIGHTS ON POLES
AM104.1 Lights on poles shall not be taller than
the building whose area they illuminate nor taller than twenty-five
(25) feet, whichever is shorter.
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Exception: These provisions shall not be applicable
to any installation by a governmental agency or public utility.
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T.
New Appendix O — 2009 International Building
Code — Appendix O-Fee Structure.
APPENDIX O FEE STRUCTURE
1.
SECTION AO101 FEE SCHEDULE
AO101.1 Payment of fees. A permit shall not be
valid until the fees prescribed by law have been paid, nor shall an
amendment to a permit be released until the additional fee, if any,
has been paid. All fees shall be paid in accordance with the code
enforcement fee schedule.
2.
SECTION AO102 VIOLATIONS AND PENALTIES
AO102.1 Violations and Penalties. Any person who
shall violate a provision of this code or shall fail to comply with
any of the requirements thereof or who shall erect, construct, alter
or repair a building or structure in violation of an approved plan
or directive of the Code Official or of a permit or certificate issued
under the provisions of this code shall be guilty of an ordinance
violation, punishable by a fine of not more than one thousand dollars
($1,000.00) or by imprisonment not exceeding ninety (90) days, or
both such fine and imprisonment. Each day that a violation continues
after due notice has been served shall be deemed a separate offense.
AO102.2 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical,
gas, mechanical, plumbing, or fire protection system before obtaining
the necessary permits shall be subject to, in addition to any court-imposed
fines or costs, a penalty that is double the total regular calculated
permit fee, including inspections (permit fees plus inspection fees
times 2).
AO102.3 Certain Violation Not Corrected; Removal by City;
Special Tax Bill. After the expiration of ten days after date
of the notice of violation, if the violations are not removed from
the lot, the Building Commissioner shall have the violation removed
therefrom, keeping an accurate record of the expense of all labor
and material used in such removal as to each lot. He shall report
such expense to the Board of Aldermen, certifying to the correctness
thereof, showing the lot by lot and block numbers or other legal description,
and the date or dates on which the removal occurred, and the name
and address of the owner, lessee, occupant or other person exercising
control of the lot. Upon receipt by the Board of Aldermen of that
report, the Board of Aldermen shall assess against each lot concerned
a special assessment or tax equivalent to the expense incurred in
removing the violation therefrom, including administrative costs in
the amount of forty dollars ($40.00), and shall direct the City Clerk
to issue a special tax bill therefor, against each such lot. Such
special tax bill shall be due and payable thirty (30) days after its
date, shall bear interest at the rate of eight percent (8%) per annum
from and after thirty (30) days after its date, and shall be a lien
against the lot against which it is issued until paid.
3.
SECTION AO104 REFUNDS
AO 104.1 Refunds. Unless provided for in other
provisions of this code, written requests for refunds shall be reviewed
for merit and issued when deemed appropriate.
U.
New Appendix P — 2009 International Building
Code — Appendix P-No Permit When Monies Due The City.
APPENDIX P MONIES DUE THE CITY
1.
SECTION AP101 NO PERMIT WHEN MONIES DUE THE CITY
AP101.1 No Permit to be Issued When Monies Due the City. The Code Official shall not issue a permit to any applicant, as
defined herein, who owes any tax, fee, bill, debt, or other monetary
obligation to the City of Oakland until such outstanding tax, fee,
bill, debt, monetary obligation or lien is paid to the satisfaction
of the City Manager or the City Manager's designee.
2.
SECTION AQ102 PERMIT SUSPENSION AND RENEWAL
AQ102.1 Suspension of permit. Any permit issued
shall become invalid if the authorized work is not commenced within
six months after the date of issuance or if the authorized work is
suspended or abandoned for a period of six months. Suspension or abandonment
shall be evidenced by the fact that no inspection has been requested,
conducted and approved within 6 months of the last recorded inspection.
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AQ102.2 Expiration of permit, and exterior completion
deadline. For purposes of this Section AQ102 et seq., the following
terms shall have the following meanings:
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IMPROVEMENT. Any work requiring a building permit.
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IMPROVEMENT, MAJOR. Any work requiring a building
permit with an improvement value of 1 million dollars ($1,000,000.00)
or more.
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AQ102.3 Permit refund. No refund of permit or inspection
fees shall be made without cause.
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AQ102.4 Permit Void. Any permit issued shall become
void and invalid if the authorized work on the building is not completed
within twelve (12) months from the date of issuance for improvements
or twenty-four (24) months for major improvements. Extensions may
be granted for cause.
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AQ102.5 Permit Renewal. Once a building permit
becomes void and invalid, a permit renewal shall be required, and
all work shall cease until a renewal permit is issued. The permit
renewal fee shall be equal to one hundred percent (100%) of the original
permit fees plus original inspection fees. The renewal shall extend
the permit for twelve (12) months from the date of issuance of the
renewal permit in the case of an improvement, and for twenty-four
(24) months in the case of a major improvement. This renewal fee is
non-refundable.
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V.
New Appendix R — 2009 International Building
Code — Appendix R-Exterior Properties.
APPENDIX R EXTERIOR PROPERTIES
SECTION AR101 DRIVEWAYS
AR101.1 Maximum slope. The maximum slope of a driveway
shall be fifteen percent (15%). [This provision shall be applicable
to new or expanded driveways.]
AR101.2 Scraping the bottom of the vehicle. Driveways
shall be designed so that at any point along the driveway, including
the apron, the bottom of the vehicle with a minimum ground clearance
of six (6) inches measured at any point on the vehicle does not scrape
the driveway.
AR101.3 Stormwater runoff. Driveways shall be designed
so that stormwater is not directed onto adjacent properties or to
any structure on the property.
AR101.4 Driveway surfaces. Driveway surfaces shall
be concrete, bituminous or similar materials.
Exception:
1.
An existing gravel driveway may continue to be used, provided the
driveway is not enlarged.
2.
Any gravel from any driveway that causes a nuisance by flowing onto
adjoining property of the street shall be surfaced as provided above.
3.
New gravel driveways may be permitted on single-family residential
lots when the slope of the driveway does not exceed 3% as measured
from the intersection of the driveway with the front property line.
4.
Gravel driveways shall be designed in such a manner that no mud,
gravel or similar materials will be deposited onto the street by any
means, including but not limited to water flow or vehicle tires.
5.
Gravel driveways shall be engineered systems and, at a minimum, be
contained to the designated driveway area by a suitable means.
6.
Gravel driveways shall be properly maintained.
7.
That portion of the driveway that is located in the public right-of-way
shall be concrete, asphalt, or other such material acceptable to the
Director of Public Works.
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AR101.4.1 Concrete driveway surfaces. Concrete
driveways shall be a minimum of 3½ inches thick.
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AR101.4.2 Bituminous (asphalt) driveway surfaces. Bituminous (asphalt) driveways shall be a minimum of 3 inches thick.
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Exception: Bituminous (asphalt) driveways may be
reduced to 2½ inches when placed over a minimum 4-inch rock
base.
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AR101.4.3 Variation. The Building Commissioner
may approve variations from the above upon finding that the proposed
installation will adequately address issues, including, but not limited
to, stormwater runoff and the general welfare of the community. Driveway
surfaces made of materials including but not limited to rock, chat
and/or stone shall not be used unless the rock, chat, and/or stone
is part of an engineered grid system where the grid is the structural
portion of the driveway and the stone is used only for filler or drainage
purposes.
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W.
New Appendix S - 2009 International Building Code - Appendix
S-Noise.
APPENDIX S NOISE
1.
SECTION AS101 NOISE
AS101.1 NOISE. It shall be unlawful for any person
to operate any equipment on any construction site if the operation
of that device emits noise measured at the lot line of the construction
site in excess of the following:
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OSHA Daily Permissible Noise Level Exposure
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|---|---|---|
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Hours Per Day
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Sound Level
(decibels)
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|
8
|
90
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6
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92
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4
|
95
| |
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3
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97
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|
2
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100
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|
1.5
|
102
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|
1
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105
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|
.5
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110
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.25 or less
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115
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AS101.2 No activity as measured along a residential
property may generate noise greater than 70 dB as measured at the
residential property line without cause.
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AS101.3 Construction Activity. Construction and
maintenance activities during those times that construction activities
are permitted are not to exceed the noise level exposures as outlined
in AS101.1.
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Exception: Activities during times of an emergency
nature.
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X.
CONSTRUCTION.
LEGAL HOLIDAY.
New Appendix V — 2009 International Residential
Code — Appendix V-Hours of Construction.
APPENDIX V HOURS OF CONSTRUCTION
SECTION AV101 HOURS OF CONSTRUCTION
AV101.1 Definitions.
Any activity related to the improvement of a property, including
but not limited to the mobilization of equipment, starting of generators,
delivery of materials, grading, demolition, and/or erection of a structure
whether in whole or in part.
New Years' Day, Martin Luther King's Birthday (celebrated),
Presidents Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving
Day, Christmas Day.
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AV101.2 Construction — Permission Required. No person, firm or corporation shall, without the written permission
of the Code Enforcement Officer or his/her duly authorized representative,
engage in any construction activity or any facet thereof, within the
City of Oakland, except during the hours of 7:00 A.M. to 8:00 P.M.,
local time, Mondays through Fridays, and 9:00 A.M. to 5:00 P.M. on
Saturdays, and 10:00 A.M. to 4:00 P.M. on Sundays and legal holidays.
All times are local.
In case of emergency or extreme hardship, a permit may be granted
by the Mayor or the Mayor's designee allowing construction work at
other times for periods not to exceed two (2) consecutive days per
project. In no event shall an emergency or hardship permit be extended
beyond a cumulative total of more than ten (10) days per project.
[Ord. No. 863, 4-9-2018] |
Y.
New Appendix W — 2009 International Building
Code — Appendix W-Site Work.
APPENDIX W SITE PLAN
SECTION AW101 SITE PLAN
AW101.1 Application. The provisions of this appendix
shall control the design, construction and maintenance of one- and
two-family dwelling sites.
AW101.2 Contents of site plan. A site plan shall
contain the information necessary to determine compliance with the
ordinances of the City of Oakland.
AW101.3 Registered land surveyor. A registered
land surveyor may be required by the Code Official when deemed necessary.
Z.
New Appendix X — 2009 International Building
Code — Appendix X-Generators.
APPENDIX X SUPPLEMENTAL GENERATOR REGULATIONS
SECTION AX101 SUPPLEMENTAL GENERATOR REGULATIONS
1.
PERMANENT GENERATOR.
PORTABLE GENERATOR.
PRIMARY FUEL SOURCE.
PRIMARY POWER SOURCE.
SECONDARY FUEL SOURCE.
AX101.1. Definitions.
A generator that is permanently interconnected with the
electric components of the building and intended to provide temporary
power in the event of a primary power outage. A permanent generator
may be served by the natural gas system of the building.
A generator that is intended to be moved from place to place
and remains in service for no longer than the duration of the power
outage.
The main fuel source of the building, including but not
limited to a natural gas system.
The main power source of the building, including but not
limited to an electrical system.
A non-primary fuel source of the building, including but
not limited to liquid petroleum gas, gasoline, and kerosene.
2.
AX101.2 General.
AX101.2.1 Power source. Generators, whether permanent
or portable, shall only be used as a secondary source of power to
any structure.
AX101.2.2 Partial power. A generator may provide
power to all or part of the structure.
AX101.2.3 Sizing. Generators shall be properly
sized for the electrical devices served.
AX101.2.4 Propane gas [Liquid Petroleum Gas (LPG)]. When liquefied petroleum gas is used as a fuel source, tanks shall
be located in the rear yard and in compliance with the Fire Code.
AX101.2.5 Extension cords. Extension cords shall
be properly sized for the devices served. Extension cords shall not
be used as a permanent source of power distribution.
AX101.2.6 Article 445. Generators and their associated
wiring and equipment shall also comply with the applicable provisions
of the Electrical Code and the Mechanical Code.
3.
AX101.3 Portable generator. No portable generator
shall be connected to a permanent fuel source or interconnected with
a primary power source.
4.
AX101.4 Permanent generator.
AX102.3.1 Concrete pad. A permanent generator shall
be installed on a concrete pad or similar hard surface.
AX102.3.2 Primary fuel and power source. A permanent
generator can be interconnected with the primary power source of the
structure. The fuel source of a permanent generator can be a primary
or secondary fuel source. Connection to the primary fuel source shall
only be permitted when the permanent generator is interconnected with
the primary power source.
5.
AX101.5 Permit.
AX101.5.1 A permit shall be required as follows
for the installation of a permanent generator.
AX101.5.1.1 Electrical permit. An electrical permit
shall be required when a generator is permanently connected to the
primary electrical power source of the structure.
AX101.5.1.2 Permit application. The application
for a permit to install a permanent generator shall include documentation
that the permanent generator will not cause a noise in excess of 70
decibels (dB) as measured at any height along the property line. Documentation
may include but not be limited to engineering studies based on distances
from property lines or the location and type of sound barriers.
AX101.5.2 A permit is not required for a portable
generator, provided that the installation, maintenance and use of
a portable generator or its appurtenances shall comply with the provisions
of AX101.6, AX101.7 and AX101.8.
6.
AX101.6 Separation distances.
AX101.6.1 Generators - Locations permitted. Generators
may be located only in a side or rear yard as provided for in the
Zoning Code.
AX101.6.2 Exhaust - distance from property line and building. Exhaust discharge points shall be located so as not to negatively
impact adjoining public and private properties.
7.
AX101.7 Enclosures. No generator shall be installed
in a manner that creates a health or fire hazard or any other nuisance.
AX101.7.1 Garages, basements, fenced areas. No
generator shall be located within an enclosed structure. An enclosed
structure shall include, but not be limited to, a house, basement,
garage (attached or detached), or a fenced area that does not provide
an adequate means for dispersing the exhaust.
AX101.7.2 Carports and gazebos. A generator may
be located under an unenclosed structure, including but not limited
to a carport or gazebo, provided that an adequate means for dispersing
the exhaust is provided and the required clearance to combustibles
are met.
AA.
New Appendix Y — 2009 International
Building Code — Appendix Y-Construction Sites.
APPENDIX Y CONSTRUCTION SITES
1.
SECTION AY101 PURPOSE.
AY101.1 PURPOSE. The purpose of this provision
is to ensure construction sites are maintained in a condition that
provides for the general health, safety and welfare of the public
by regulating, controlling, preventing, reducing and eliminating the
dumping or depositing of garbage, litter, debris or waste material
at construction sites or buildings under construction and areas adjacent
thereto; requiring builders and/or owners to restore building sites
upon completion of construction; preventing, reducing and eliminating
the dumping or depositing of debris, dust, sand or mud on streets;
preventing, reducing and eliminating erosion during and after the
construction process; and generally ensuring that good construction
practices are in place.
2.
SECTION AY102 DEFINITIONS.
AY102.1 DEFINITIONS. Only for the purpose of the
requirements contained in this Appendix Y, the following terms shall
have the definitions assigned herein:
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1.
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CONTRACTOR. Any person or corporation, including the owner of
the property, responsible for construction activity.
| |
|
2.
|
DUMPSTER. Any receptacle used for the temporary storage of waste.
| |
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3.
|
EQUIPMENT. Includes but is not limited to hoists, vehicles,
trailers (equipment, storage (PODs), and personnel), backhoes, bobcats,
concrete forms and, in general, equipment used for construction or
demolition projects.
| |
|
4.
|
MATERIALS. Includes but is not limited to studs, joists, drywall
and, in general, materials used for construction.
| |
|
5.
|
PUBLIC PROPERTY. Includes but is not limited to streets, highways,
sidewalks, tree lawns, public and private rights-of-way.
| |
|
6.
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SITES. Includes but is not limited to locations where construction
and demolition activities are present.
| |
|
7.
|
SPOILAGE. Includes but is not limited to mud, dirt, rock, gravel
and sand.
| |
|
8.
|
WASTE. Includes but is not limited to construction waste, rubbish,
garbage, litter and yard waste.
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3.
SECTION AY103 DUMPSTERS.
AY103.1 DUMPSTERS.
AY103.1.1 Dumpsters required upon sites. All sites
upon which construction or demolition activities will generate any
waste shall be equipped with adequate and suitable dumpsters for the
deposit of such waste. All waste generated by construction or demolition
activities shall be deposited into the required dumpsters and shall
not be allowed to accumulate upon the site.
AY103.1.2 Size of dumpsters. Dumpsters shall be
of sufficient size and dimensions to adequately contain all waste
at the site.
AY103.1.3 Unrelated waste. Each site shall be provided
with its own dumpsters. Only waste material that is related to the
site shall be deposited in the dumpsters.
AY103.1.4 Covers required. All dumpsters located
on the site or on public property shall be equipped with a cover or
similar means to ensure that the contents of the dumpster remain in
the dumpster.
AY103.1.5 Containers to be emptied periodically. Dumpsters shall be emptied at periodic intervals to prevent overloading,
the scattering of materials contained therein, noxious odors and/or
other nuisances.
AY103.1.6 Placement upon construction site. Dumpsters
shall be located completely on the site rather than on streets, highways
or public property. When it is not practical to place dumpsters on
the site, a permit shall be obtained from the Director of Public Works
prior to the placement of the dumpster on public property.
AY103.1.7 Dumpsters on public property overnight. When it is necessary to leave a dumpster overnight and unattended,
approved warning devices shall be installed when required by the Director
of Public Works, to warn oncoming traffic of its location.
AY103.1.8 Dumpsters on public property or public right-of-way. Any dumpster that is placed on public property or in the public
right-of-way shall obtain a permit from the Department of Public Works.
4.
SECTION AY104 WASTE.
AY104.1 WASTE.
AY104.1.1 Waste to be placed in dumpsters. All
waste shall be placed within approved dumpsters or similar receptacles.
Dumpsters shall not be overloaded.
Exception: Waste that is removed daily.
AY104.1.2 Yard waste. Yard waste shall not be commingled
with other waste.
AY104.1.3 Cleanliness of site. The site shall be
maintained free of all waste.
AY104.1.4 Failure to maintain site free of waste. If the contractor fails to maintain the site free of waste to the
satisfaction of the City, the City may declare the site to be a public
nuisance. Failure to maintain a site free of waste shall constitute
a public nuisance pursuant to Section 31.010 of the Code of Webster
Groves. The contractor shall be subject to penalties under the provisions
of Section AO102, and the City may also pursue abatement of the nuisance
in accordance with Chapter 31 of the Code of Webster Groves.
AY104.1.8 Burning. Construction waste shall not
be burned on site in lieu of removal.
5.
SECTION AY105 MUD ON STREETS
AY105.1 MUD ON STREETS.
AY105.1.1 Spoilage on street. When construction
practices or spillage from a site causes any spoils to spill on a
public or private road, sidewalk or public property, such nuisance
shall be removed by street cleaning (not flushing) before the end
of each working day.
AY105.1.2 Failure to clean street/sidewalk. If
the contractor fails to clean the street and/or sidewalk to the satisfaction
of the City, the City may declare the site a public nuisance. Failure
to clean a street or sidewalk shall constitute a public nuisance pursuant
to the Code of Oakland. The Contractor shall be subject to penalties
under the provisions of this Code, and the City may also pursue abatement
of the nuisance in accordance with the Code of Oakland.
6.
SECTION AY106 PUBLIC PROPERTY
AY106.1 PUBLIC PROPERTY.
AY106.1.1 Use of public property. The use of public
property for the storage of equipment, materials and spoilage is prohibited.
Exception: Uses approved by the Code Enforcement
Officer.
AY106.1.2 Maintain streets and sidewalks free of obstructions. All streets and sidewalks located on sites and on public property
shall be maintained free from obstructions.
Exception: Uses approved by the Code Enforcement
Officer.
AY106.1.3 Damage to streets and sidewalks. Should
damage occur to utilities and/or public property, including but not
limited to streets, curbs, gutters, tree lawns, sidewalks and utilities
(overhead and underground), damage shall be repaired or replaced immediately.
Exception: Damage that has not created an eminent
danger or caused the absence of essential services may be delayed.
However, all damage shall be repaired or replaced prior to the completion
of the project.
AY106.1.4 Repairs to meet City specifications. All
repairs to and replacements of utilities and work on public property
shall be completed in accordance with accepted engineering practices
and the standards and specifications of the City of Oakland.
AY106.1.5 Failure to repair damage. Failure to
repair damage shall constitute a public nuisance pursuant to the Code
of Oakland. Failure to repair damage to a street or sidewalk shall
constitute a public nuisance pursuant to the Code of Oakland. The
contractor shall be subject to penalties under the provisions of Section
AO102, and the City may also pursue abatement of the nuisance in accordance
with the Code of Oakland.
7.
SECTION AY109 TOILET FACILITIES
AY109.1 TOILET FACILITIES.
AY109.1.1 When required. Portable toilets shall
be provided when adequate toilet facilities are not provided for on
site and within 300 feet of the work area.
AY109.1.2 Location of portable toilets. Portable
toilets shall be located on the site and not on public property. Portable
toilets shall be located a minimum of 15 feet from all curblines,
ten feet from side property lines, and at such locations so as to
minimize adverse aesthetic conditions. The doors shall not face any
street or adjacent property line.
AY109.1.3 Servicing. Portable toilets shall be
serviced at regular intervals.
AY109.1.4 Portable toilets to be locked after hours. All portable toilets must be locked and secured from tipping over
when no construction or demolition activity is present.
8.
SECTION AY110 Intentionally left blank.
9.
SECTION AY111 PARKING OF CONSTRUCTION VEHICLES AND EQUIPMENT
AY111.1 PARKING OF CONSTRUCTION VEHICLES AND EQUIPMENT.
AY111.1.1 Overnight parking/storage of vehicles and equipment
on streets. No construction vehicles or equipment shall be
located on the rights-of-way overnight.
Exception: Those uses permitted by the Code Enforcement
Officer.
AY111.1.2 Adequate area for construction vehicles and
equipment. Each site shall provide sufficient areas on site
for all construction vehicles and equipment.
AY111.1.3 On-site Storage of vehicles and equipment. Construction vehicles and equipment shall not be stored on the site
unless they are being used or intended for immediate use and are needed
for the project. Construction vehicles and equipment should not be
staged more than 48 hours before their intended use and must be removed
within 48 hours of the end of their intended use.
10.
SECTION AY112 ABATEMENT OF NUISANCE
AY112.1 NOTIFICATION. Any site determined by the
Building Commissioner or his representative to be a public nuisance
shall be posted with a written notice describing the nature of the
nuisance, the Code section, and a deadline not less than 48 hours
or more than 96 hours from the date of posting when the stated nuisance
shall be abated.
Exception: Notice is not required for emergency
measures as provided for in sections AY104, AY105, and AY106.
AY112.2 CITY ABATEMENT. In the event a duly noticed
nuisance is not abated prior to the prescribed deadline, the City
may abate same, and the cost thereof shall be levied as a special
tax in the manner provided for in the Code of Oakland.
11.
SECTION AY113 TRAILERS
AY113.1 Construction trailers parked on public property. Trailers that are used for the storage of construction or demolition
tools, supplies or materials to be used in connection with construction
or demolition activities upon a single-family residential site shall
not exceed 1,000 cubic feet if enclosed or 150 square feet if open.
All construction trailers shall, to the extent possible, be located
on the site rather than on public property. In such cases where the
only practical location for such trailers is on public property, the
trailer shall be located immediately in front of and adjacent to the
site. The trailer shall be located on public property only during
the times when the particular contractor utilizing the trailer actually
is engaged in construction or demolition activities on the site.
AY113.2 Structures Used as Temporary Facilities. Temporary structures for uses, including but not limited to offices
and storage that will be located on private property overnight, shall
be properly installed using adequate construction practices, including
but not limited to tie-downs, piers, skirting or other methods recommended
by the manufacturer and approved by the code official to ensure life
safety and not create a blight to the neighborhood.
12.
SECTION AY114 ATTRACTIVE NUISANCE
AY114.1 ATTRACTIVE NUISANCE. Sites shall be maintained
so that they do not create an attractive nuisance.
13.
SECTION AY115 PROTECTION FOR EXCAVATIONS
AY115.1 EXCAVATION PROTECTION.
AY115.1.1 Excavation protection. Construction fences
or similar barriers shall be required for the protection of the public.
When an on-site excavation that is 4 feet deep or greater is left
open for more than 10 calendar days, the contractor shall provide
a construction fence that is not less than 4 feet high protecting
the excavation.
AY115.1.2 Site protection. When an excavation is
made on public property or within 10 feet of the public property,
the excavation shall be protected by a construction fence or similar
barrier that is not less than 4 feet high or by an adequate cover.
AY115.1.3 Maintenance of protection. All protection
shall be maintained in good condition during the period of construction
or demolition.
AY115.1.4 Excavations in public right-of-way left open
overnight. When it is necessary to leave an excavation in a
public right-of-way open overnight and unattended, barricades with
flashing lights shall be placed one at each side of the excavation
so that the lights are visible to oncoming traffic. This is in addition
to the aforementioned protection.
14.
SECTION AY116 NOISE. Intentionally left blank.
15.
SECTION AY117 RESTORATION AND CLEANUP
AY117.1 RESTORATION AND CLEANUP. In the event that
a site is abandoned, the City may restore the site to a reasonable
condition by causing the lot to be graded and vegetated to a mowable
(not brush hog) condition. Should such action be necessary, a lien
may be placed against the property in accordance with AY118.3.
16.
SECTION AY118 VIOLATIONS AND PENALTIES
AY118.1 Violations and Penalties. Any person who
shall violate a provision of this Article or shall fail to comply
with any of the requirements thereof or who shall erect, construct,
alter or repair a building or structure in violation of an approved
plan or directive of the Building Commissioner or of a permit or certificate
issued under the provisions of this Article, shall be guilty of an
ordinance violation, punishable by a fine of not more than one thousand
dollars ($1,000.00) or by imprisonment not exceeding ninety (90) days,
or both such fine and imprisonment. Each day that a violation continues
after due notice has been served shall be deemed a separate offense.
AY118.2 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical,
gas, mechanical, plumbing, or fire protection system before obtaining
the necessary permits shall be subject to, in addition to any court-imposed
fines or costs, a permit fee that is double the total regular calculated
permit fee, including inspections.
AY118.3 Certain Violation Not Corrected; Removal by City;
Special Tax Bill. After the expiration of ten days after date
of the notice of violation, if the violations are not removed from
the lot, the Building Commissioner shall have the violation removed
therefrom, keeping an accurate record of the expense of all labor
and material used in such removal as to each lot. He shall report
such expense to the Board of Aldermen, certifying to the correctness
thereof, showing the lot by lot and block numbers or other legal description,
and the date or dates on which the removal occurred, and the name
and address of the owner, lessee, occupant or other person exercising
control of the lot. Upon receipt by the Board of Aldermen of that
report, the Board of Aldermen shall assess against each lot concerned
a special assessment or tax equivalent to the expense incurred in
removing the violation therefrom, including administrative costs in
the amount of forty dollars ($40.00), and shall direct the City Clerk
to issue a special tax bill therefor, against each such lot. Such
special tax bill shall be due and payable thirty (30) days after its
date, shall bear interest at the rate of eight percent (8%) per annum
from and after thirty (30) days after its date, and shall be a lien
against the lot against which it is issued until paid.
AY118.4 Emergency procedures. Whenever it becomes
necessary to abate a nuisance immediately, in order to protect the
public health, safety or welfare, the Code Enforcement Officer may
abate such nuisance without notice, and he may use any suitable means
or assistance for such purpose. The Code Enforcement Officer shall
certify the cost of abating such nuisance to the Council, and the
Council may by ordinance levy the cost thereof as a special tax against
the property on which said nuisance is located, which said tax shall
be collected as are other City taxes and shall constitute a first
lien on the property until paid.
BB.
New Appendix Z — 2009 International
Building Code — Appendix Z. Intentionally
left blank.
